JESUS ROTTIER, BRANDON LAM, BRANDON MEDINA, AND KEVIN LYNN PERIOD 7 Civil liberties and Civil Rights

Civil Liberties A)Civil liberties - individual legal and constitutional protections against the government B) Bill of rights ensures basic liberties C)Barron v. Baltimore (1833) - Bill of rights only for the national government D)Gitlow V. New York (1925) - Basic freedoms such as press and speech protected - Created the 14 th amendment E)Selective incorporation: supreme court has nationalized the bill of rights by making its provision applicable through the 14 th amendment

Freedom of Religion A)Establishment clause – no official religion (government) B)Lemon v. kurtzman (1971) - Government can fund only secular programs C) Engel v. Vitale (1962) - Case that determined that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools D) Free exercise clause- freedom to practice religion

Freedom of Expression A) Prior restraints - Censorship, high school newspapers and national security B) Free speech, Schneck V. Us (1919) - Speech could be limited during time of war C)Free Press, Zurcher V. Stanford Daily (1978) - In favor of Zurcher exclaiming that search and seizures related to journalism were legal if the writer is suspected of a crime or a life- threating situation is present D) Obscenity, Miller V. California (1973) -Declares that something that is obscene is not protected by the first amendment and puts a scale to se if something is obscene E) Symbolic speech, Texas V. Johnson (1989) - declared that symbolic speech like burning the American Flag is protected by the first amendment

Defendants Rights A) Language is vague B) Searches and Seizures - 4 th amendment protects against unreasonable searches and seizures, and must need a warrant to search - Exclusionary rule must need a probable cause Mapp V. Ohio (1961) - Evidence found obtained in violation with the 4 th amendment may not be used in court Patriot act (2001) Gave more power to the government, and took away privacy C)Self- incrimination - 5 th amendment prohibited self incrimination Miranda V. Arizona (1966) - A decision exclaiming that a decedent in police custody could go to court only if in the defendant was well informed of their rights or else no charges could be made

Defendants Rights continued… D) Right to counsel - 6 th amendment – right to speedy and public trial Gideon V. Wainwright (1963) A Case in which it was ruled that state courts are required under the sixth amendment to provide counsel in criminal cases for defendants who are unable to afford their own attorneys E) Cruel and Unusual punishment - 8 th amendment prohibits cruel and unusual punishment - Furman V. Georgia (1972) - A court decision that ruled on the requirement for a degree of consistency in the application of the death penalty -Gregg V. Georgia (1976) - a court that exclaim the death penalty could be used in extreme cases since it wasn’t a cruel or unusual punishment and was not protected by the constitution

Right to privacy A)14 th amendment prohibits state and local government from depriving persons of life, liberty, or property without steps taken in order to ensure fairness B) Abortion - Roe V. Wade (1973) - The court ruled that right to privacy under the due process clause of the 14 amendment extended to a woman’s decision to have an abortion, but that right must be balanced against protecting prenatal life and protecting woman’s health

Civil Rights A) Civil Rights = The right of every person to equal protection under the law and equal access to society’s opportunities and public facilities. B) Two Centauries of struggle – 1864 slavery legal C)Dred Scott v. Sanford (1857) - A decision made by the supreme court that Slaves brought to the united states and their dependents were not protected by the constitution, also congress didn’t have the power to abolished slavery in federal territories

Civil war and Amendments A) Civil war -Union v. confederate resulted in union wining Created the 13 amendment (1865) this amendment declared that slavery shall not exist within the U.S..."Neither slavery nor involuntary servitude...shall exist within the United States." B) 14 th amendment (1868) - supreme court overruled Dred Scott v. Sanford (1857) decision -Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights. C) 15 th amendment (1870) - The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" (for example, slavery) Many states then set literacy tests and poll taxes that made it harder for African Americans to vote and some intimidate them, little law intervention was done about this and it continued until the 24 th amendment in 1962

The Era of Reconstruction and Desegregation A)Ambiguities in the Fourteenth Amendment Narrow interpretation: equal legal rights Supreme court adopted narrow view in Plessy case B) Plessy v. Ferguson (1896) - Declaring that segregation in public facilities was not unconstitutional as long as they were “substantially equal”. C) Jim crow laws (1876 – 1965) -They mandated segregation in all public facilities in Southern states of the former Confederacy, with a supposedly "separate but equal" status for black Americans.

Civil rights Movement A) Brown v. Board of Education (1954) -Was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional and a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution Overturn the Plessy v. Ferguson decision of 1896 B) Mobilization of opinion by dramatic event to get on agenda :Sit-ins and freedom rides, Martin Luther King, Jr, non violent marches and boycotts - Violent white reactions of segregationists became media focus and changed public opinion to support African American rights

Civil rights movement continued C) Five bills pass, , 1960, 1965: voting rights laws : housing discrimination law D) Civil Rights Act of A landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation - It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public

Women and equal rights A) The right to vote - The first women’s rights activists were products of the abolitionist movement who worked for an end to slavery and the right to vote. The Nineteenth Amendment (1920) gave women the right to vote. B) The “Doldrums”: Public policy was more conservative in trying to reserve the traditional family picture C) Second Feminist Wave - The feminist movement was reborn during the civil rights movement Reed v. Reed (1971) - This case worked to establish equal protection for women in regards to estates. Craig v. Boren(1976) The first case in which a majority of the United States Supreme Court determined that statutory or administrative sex classifications had to be subjected to an intermediate standard of judicial review

Woman and Equal Rights continued… D) Women in the Workplace The Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978, and the Civil Rights and Women’s Equity in Employment Act of 1991 have all helped protect women against discrimination in the workplace. The Supreme Court has also voided many laws that tended to discriminate against women in employment. E) Wage Discrimination and Comparable Worth Comparable worth is the idea that women should be paid the same as men for the same job The Supreme Court has never ruled on the idea of comparable worth.

Woman and Equal Rights continued… F) Women in the Military - Rostker v. Goldberg (1981): Congress may draft men only - Women are not permitted to serve in combat Secretary of Defense in 1993 allowed women in air and sea combat G) Sexual Harassment The Supreme Court ruled in 1993 that no single factor is required to win a sexual harassment case and the law is violated when the workplace environment “would reasonably be perceived, and is perceived, as hostile or abusive H) Abortion - Roe v.Wade (1973) - The court ruled that by the due process clause of the 14 th amendment, women had the right to an abortion as long as it was done in the 1 st or 2 nd trimester ( with regulations to protect health) Planned parenthood V. Casey (1992) - supreme court put some more restrictions on abortion

Affirmative Action A)Affirmative action - involves efforts to bring about increased employment, promotion, or admission for members of groups who have suffered the effects of past discrimination. The goal is to move beyond equal opportunity toward equal results. B) Affirmative action court cases Regents of CA v. Bakke (1978) - colleges can’t separated seats for student of another race US Steel v. Weber (1979) - United States Supreme Court held that the Civil Rights Act of 1964 did not bar employers from favoring women and minorities Wards Cove v. Antonio (1989) concerned employment discrimination Adarand v. Pena (1995) case which held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny,

The young and old of America A) The Young of America -The young have suffered from inferior treatment under the law. An increasing number of court cases have involved the rights of young people. B) The Greying of America -The elderly is the fastest growing segment of the American population -Progress has been made to eliminate discrimination based on age, especially in the area of employment.

Civil rights and people with disabilities A) Abusement of disable people - Disabled people suffer from both direct and indirect discrimination. - Several laws have been passed to protect the disabled from discrimination. B) Americans with disabilities act of Prohibits, under certain circumstances, discrimination based on disability - Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity."

Gay and Lesbian rights A) Discrimination - Gays and lesbians have faced discrimination in hiring, education, access to public accommodations, and housing. - State laws could ban homosexual activities - The place for gays in the military has been particularly controversial. - The Pentagon’s policy of “don’t ask, don’t tell” reaffirms the strict prohibition against homosexual activity.

Impact of the 14 th amendment A) Impact Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This can be seen as the bases of all the court cases in which the accuser has use this in order to demand more rights