Civil Rights/Civil Liberties A Rapid Review of the facts

Civil Right are: Positive acts by the government designed to prevent discrimination and provide equality before the law (expansion of government power to increase rights of ppl and groups) (Think “Green” means Go)

When it all began: After US civil war, with African Americans striving to gain political, social and economic equality. Due Process as guaranteed by the 14th Amendment

What was occurring then Discriminatory practice were used by the states to prevent political participation by African Americans. These practices included Jim Crow laws and black codes

Selective Incorporation In order to ensure these rights, ppl take the state to court, the courts decide the states are wrong (sometimes) and the people gain the rights. Each state and each right has to go through the same process. (hence the name “selective” instead of “Universal” incorporation.

A positive step forward in 1954 Brown v. Board of Ed. Supreme Court overturned the Plessy case nullifying the “separate but equal” clause.

Civil Liberties are those which belong to everyone and are guaranteed by: The Constitution Bill of Rights 14 th Amendment Legislative actions Court decisions

The Establishment Clause Found within the 1 st amendment Has been interpreted to mean that there is a separation between the church and the state, preventing govt. from supporting religion or one religion over another

The Lemon Test Established standards for measuring separation of church and state A law must meet three parts to pass the test A: it must have a primarily secular purpose B: its principal effect must neither aid nor inhibit religion C: it must not create excessive entanglement between gov and religion.

The Free Exercise Clause in the 1 st amendment Guarantees the right to practice any religion or no religion at all

Three Kinds of Speech Pure Speech Symbolic Speech Speech Plus

Pure Speech The most common form of speech, verbal speech, given the most protection by the courts. (The government tries to restrict speech very seldom.) Verbal speech is usually in front of an audience Includes the expression of thought and opinion before an audience that has chosen to listen

Speech Plus Actions such as marching or demonstrating Verbal and symbolic speech used together, such as rallying and then picketing May be limited

Symbolic Speech Using actions and symbols to convey and idea rather than words such as burning a flag or a draft card, hanging an effigy. May be subject to government restrictions if it endangers the public.

Restrictions on Freedom of Speech One of the first was in 1778-Alien and Sedition Act. Illegal to say anything “false, scandalous, and malicious against the government or it’s officials. (Law expired in 1801) 1901 after Pres. McKinley assassinated congress passed more laws forbidding verbal attacks on the government. (these were later challenged in court)

The BIG Eight Schenck v US (1919) fliers mailed to protest draft (WWl). Declared against the law as they presented a clear and present danger. (this case set the standards for what would and would not be protected speech) Gitlow v New York (1925) protections of free speech applied to the states under the due process clause of the 14 th amendment

Big 8 continued Chaplinksy v New Hampshire (1942) Court ruled that first amendment did not protect “fighting words” Tinker v Des Moines (1969) court ruled that wearing black arm bands to protest Vietnam war was symbolic speech and protected Brandenburg v Ohio (1969) “Clear and present danger ruling made less restrictive w/ inflammatory speech can be punished only if there was imminent danger that this speech would incite an illegal act.

Big 8 One More Time Miller v California (1973) “Miller Tests” sets standards for measuring obsenity. Texas v Johnson (1989) court ruled that flag burning is protected under symbolic speech Reno v ACLU (1997) court ruled the Communications Decency Act unconstitutional b/c it was overly broad and vague in regulating Internet speech.

Right to Free Speech is not ABSOLUTE Can be regulated if national security is at stake Fighting words and obscenity If the government thinks the speech presents a Clear and Present Danger it can be restricted

Freedom of Press Often protected because of it’s relation to freedom of speech. Includes newspapers, magazines, radio, television, and the Internet

Other Guarantees Freedom of Assembly Freedom to Petition

Due Process clause Found in the 5 th amendment guarantees for the protection of private property Eminent domain allows the government to take property but only after just compensation to the individual property owner.

No Privacy Mentioned in the Const No actual mention of “right to privacy” is mentioned in the constitution However, the Supreme Court has ruled that such a right exists under the Constitution] Most refer to the fourth Amendment as the location for the right to privacy

Rights of the Accused The 4 th, 5 th, 6 th, and 8 th amendments all protect the rights of those who have been accused of a crime. 14 th amendment extends those protections to apply to the states (ncorporation)

Exclusionary Rule The courts efforts to deter illegal police conduct by barring evidence from getting into the courtroom if it has been obtained in violation of the defendants 4 th amendment rights. (Mapp v Ohio 1961)

After the Civil War Three amendments were passed to ensure the rights of the former slaves 13 th amendment abolished slavery 14 th amendment defined citizenship, provided for due process and equal protection 15 th amendment provided protection for all citizens the right to vote regardless of race or if they had been a slave previously.

Civil Rights efforts have advanced other groups Hispanics, Asians, women, those with disabilities all have gained from the civil rights efforts. Equal Employment Opportunity Act prohibits gender discrimination.