Civil Liberties “Your rights as Americans”

Founding Documents Declaration of Independence - “We hold these truths to be self-evident; that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” Constitution – framers believed in natural rights

Why do Liberties Become a Major Issue? Principles contained within the Bill of Rights itself might conflict Policy entrepreneurs are most successful during a crisis –The SC tends to uphold wartime curtailments of civil liberties Rights of different groups might conflict

First Amendment Freedom of Expression (speech, press, assembly, petition) What form of speech are not protected? What is an example of Symbolic Speech that is protected?

Free Speech DOES NOT mean that you can “say anything you want”… but pretty close Restrictions Threat to national security Libel – false written statement attacking someone’s character, with intent to harm Obscenity – not protected, hard to define – Ex. Pornographic material Symbolic speech – action to convey a message

First Amendment Freedom of Religion Establishment Clause –Separation of church and state –No government involvement with religion –How did the SC deal with the teaching of creationism? Free Exercise Clause –No state interference –What are some difficult cases to settle here?

14 th Amendment “privileges and immunities” – Constitution protects all citizens Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights Equal protection clause – Constitution applies to all citizens equally

Due Process 5 th and 14 th Amendment Forbids national AND state gov to “deny any person life, liberty, or property without due process of law.” Procedural – fair trial Substantive – fundamental fairness

Search and Seizure 4 th Amendment Freedom from “unreasonable search and seizure” Prevent police abuse Ex. Mapp v. Ohio adopted the exclusionary rule

Warrants Must be signed by a neutral magistrate or judge Judge must be convinced there is probable cause before signing the warrant The warrant must describe what is to be searched and seized

Self-incrimination 5 th Amendment No one “shall be compelled to be a witness against himself.” Miranda v. Arizona 1966

Civil Rights “Equal Protection”

14 th Amendment (1868) Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.” Sex, race, ethnicity, age, disability etc. This Amendment appeared to guarantee equal rights for blacks

Civil Rights Issue The Civil Rights Issue is whether differences in treatment are reasonable –Progressive Taxes –Classification by race

The Black Predicament Lynching shocked many whites in the U.S., but little was done General public opinion was opposed to black rights Blacks in the U.S. did not receive widespread white support for civil rights until the 1960s Why?

Civil Rights History African Americans Jim Crow Laws – segregated community, officially sanctioned racial discrimination Plessy v. Ferguson – separate but equal NAACP – 20 th century push for rights by initiating legal action Brown v. Board of Education – “separate but equal” unconstitutional Civil Rights Act of 1964, 24 th Amendment (poll tax), Voting Rights Act 1965

Martin Luther King Jr. After Rosa Parks, he began to strengthen the movement by boycotting the bus system He followed a policy on non violence

Support for the Movement Support for the Civil Rights Movement came from four developments: –Change of public opinion –Violent white reactions of segregationists became a media focus –Kennedy assassination –1964 Democratic landslide (President and Congress)

Civil Rights Act of 1964 Voting Public accommodations –Barred discrimination Schools –Gov can force desegregation though litigation Employment Federal Funds Most comprehensive civil rights legislation

Women and Equal Rights Seneca Falls Convention – 1848 – beginning of women’s suffrage movement Muller v. Oregon (1908) – 10 hour work day limit for women 19 th Amendment – 1920 – Women vote

Women and Equal Rights Equal Rights Amendment (ERA) 1972 –“Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass because… Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push Roe v. Wade (1973) – women’s freedom to choose abortion

Rights for Disabled Americans 17% of Americans have a disability Rehabilitation Act of illegal to discriminate based on disability Education for All Handicapped Children Act of 1975 – gave all handicapped children free education Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act