Civil Liberties and Civil Rights and Public Policy

Assignments for Rest of Semester Chapter 4: Civil Liberties and Public Policy Notes 12/1 to 12/4 Chapter 5: Civil Rights and Public Policy Notes 12/5 and 12/8 Chapter 14: The Federal Courts Notes 12/9 and 12/10 All text chapter notes due Thursday 11/11 Project: Civil Liberties and Public policy Presentations Thurs 12/11 and Fri. 12/12 Final Exam Period 2: 11/17 Period 7: 11/18

“All people are endowed by their creator with certain unalienable rights” Civil Liberties Rights that belong to everyone, protections against government, guaranteed by Constitution, legislation, and judicial decisions Civil Rights Positive acts of government, designed to prevent discrimination and provide equality before the law

Fundamental Freedoms by Founding Fathers Constitution and Civil Liberties Writ of habeas corpus Brought before a court Informed of charges against you No bills of attainder Cannot be punished without a trial No ex post facto laws Laws added to acts that are committed before a law’s passage are unconstitutional Trial by jury

Bill of Rights and Civil Liberties Freedom of religion, speech, press, petition and assembly (1st Amendment) Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. Free Exercise Clause right of American citizens to accept any religious belief and engage in religious rituals protects not just religious beliefs but actions made on behalf of those beliefs. 

Rights of the Accused No unreasonable searches and seizures (4th Amendment) Protections against self-incrimination and double jeopardy (5th Amendment) Cannot be forced to testify against yourself Cannot be tried twice for same crime Miranda v. Arizona (1966)—”Miranda Rights” Protections in criminal procedures (6th Amendment) Right to a lawyer, Right to a public trial, Right to know who your accusers are, Right to an impartial jury, speedy trial

14th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

14th amendment and expanded rights Gitlow v. New York (1925) Incorporation: Due Process law of 14th Amendment apply to the guarantees of the Bill of Rights to state and local government Legislative Actions Set limits or boundaries on one person’s rights over another’s Bring balance between the rights of individuals and the interests of society Judicial Review Court decisions that protect rights Flag burning is protected form of symbolic speech but burning of draft card is not

Freedom of Speech Types of Speech Speech Plus Pure Speech Most common form of speech, verbal speech, given the most protection by the courts Speech Plus Verbal and symbolic speech used together, such as a rally, and then picketing; may also be limited Regulating Speech-historically 1798 Alien and Sedition Acts Illegal to say anything “ false, scandalous and malicious against the govt.” 1901 assassination of Pres. McKinley by anarchist/entry into WWI

Symbolic Speech The term symbolic speech is applied to a wide range of nonverbal communication.  Many political activities like… are considered symbolic speech wearing armbands displaying or mutilating the U.S. flag  The U.S. Supreme Court has held that this form of  communicative behavior is entitled to the protection  of the amendment rights of Constitution freedom of speech

Symbolic Speech Tinker v. Des Moines 1969 John and Mary Beth Tinker of Des Moines, Iowa, wore black armbands to their public school as a symbol of protest against American involvement in the Vietnam War. When school authorities asked that the Tinkers remove their armbands, they refused and were subsequently suspended. The Supreme Court decided that the Tinkers had the right to wear the armbands, with Justice Abe Fortas stating that no one expects students to “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” . . . In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.“ Justice Fortas

Freedom of the Press Protected because closely related to freedom of speech Form of expression-Includes newspapers, magazines, radio, television Internet

Freedom of Assembly and Petition “right of the people peacefully to assemble, and to petition the Government for a redress of grievances.” Applies to both public and private places Petitions, letters, picketing, demonstrations, parades, marches Courts have protected these rights at same time allowing govt. to set limits to protect the rights and safety of others Permits Certain public facilities NOT open to general public may not be used for demonstrations Cannot use private property for its own uses Police may disperse demonstrations in order to keep the peace and protect the public’s safety

Property Rights Due Process Clause of 5th/14th Amendments Protection of private property Government cannot deprive person of “life, liberty, or property, without due process of law” Substantive due process Policies of govt. or subject matter of the laws, determining whether law is fair or if it violates constitutional protections Procedural due process How the law is carried out Eminent domain—5th Amendment Govt. can take property for public use but requires govt. “provide just compensation for that property”

Right to Privacy No mention of “Right to Privacy” in Constitution Griswold v. Connecticut ( 1965) Zones of Privacy 1st, 3rd, 4th, 9th and 14th Amendments Enhance concept of enumerated rights Roe v. Wade (1973) Recognition of right of privacy for a woman to determine whether to terminate a pregnancy

Civil Rights and Public Policy Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals Public policy has been created by all three branches of government to prevent Racial discrimination Gender discrimination Age, disability, sexual orientation

women and discrimination

Plessy v. Ferguson

Brown v. Board of Education

Equal Protection Clause

Affirmative Action