 Civil Liberties v. Civil Rights  Civil Liberties:  Guarantees of the safety of persons, opinions, and property from the arbitrary acts of the government.  Example would be the Bill of Rights (1 st amendment, 4 th amendment, 6 th amendment etc.)  Often times, people used their civil liberties to achieve their civil rights

  Civil Rights:  The rights that belong to an individual by virtue of citizenship.  Fundamental freedoms guaranteed by the 13 th, 14 th Amendments, and 15 th Amendments  Protection from discrimination, unfair practices, and repression

 Who falls under protection of Civil Rights?  Everyone; depending on the situation  Consider a woman seeking a promotion. It is not a right to earn the promotion because she is a woman.  But her Civil Rights protect her from being discriminated from receiving the promotion because she IS a woman.

  Neither slavery nor involuntary servitude shall exist except as punishment for a crime 13 th Amendment

 14 th Amendment  Defines Citizenship  all persons born or naturalized in the US No State shall deprive any person of life, liberty, or property, without due process of law, nor deny the equal protection of the laws. (Maybe the most important amendment of any)

 15 th Amendment  the right to vote shall not be denied based on race, color, or previous condition of servitude

 The Long Road of Civil Rights  Immediately after the Civil War, the North occupied the South  During this time of “Reconstruction” the South was FORCED to follow the laws passed in the North  However, federal troops withdraw from the South in 1877

  Just because the South was occupied, does not mean everything was fixed  Government can’t realistically control an entire populations opinion  The result is even though the Civil War was over, the battle for Civil Equality was just beginning Did the Civil War really ever end?

  Just because there are newly added rules to the Constitution does not mean everyone follows them accordingly  Large part of the South looked for loopholes in these newly added amendments  Jim Crow Laws (loopholes)  Segregation openly practiced  Separate but equal doctrine applied  White Primaries  Poll Taxes, literacy tests  Grandfather Clauses  The creation of the Klan Are passed laws different than enforced?

 The Civil Rights Cases (1883) The Civil Rights Act of 1875 forbade discrimination in inns, public conveyances, and places of public amusements. The Court’s ruling:  The 14th A. is intended to prevent acts of STATE discrimination. PRIVATE individuals however can decide to deny service

 Plessy v. Fergusson (1896)  Separate but equal – complies with the Equal Protection clause  Plessy 1/8 black, still denied the right to sit in White Car  Louisiana Supreme Court stated that the law separating the car does not have any notion of inferiority

  Wide spread legal discrimination based on:  Private individuals deciding who to associate with  State services can be separate if they are technically equal The Result of Civil Rights Cases and Plessy

 Schools are the target  From 1909 to 1954, leaders of the NAACP targeted public institutions such as colleges and schools  Why? Separate but equal incredibly obvious  Cases of schools not even offering a separate institution, libraries, or acceptable conditions.

 McLaurin v. Oklahoma Board (1950)  McLaurin attended Oklahoma University  Courts initially ruled in favor of him attending, assumed the state would comply  Assigned him his own seat at the cafeteria, a desk at the library, and seat outside the classroom  Court ruled in favor of McLaurin, violated the 14 th Amendment equal protection clause

  1951: Oliver Brown sued Topeka, Kansas School Board of Education to allow his 8 year old daughter to attend a white only school  Thurgood Marshall argued the case himself in front of the Supreme Court  In two rulings the court ruled  ‘Separate but equal is inherently unequal’  Also stated a year later, ‘schools must desegregate with deliberate speed’ Biggest Victory: Brown v. Board of Education

  Obviously blacks were ecstatic, whites had mixed reactions  President Eisenhower actually disagreed with the decision  Out of fear of violence, many states refused to actually allow students to go to white schools.  Goes to show the power the Supreme Court.  If they make a ruling… do we have to follow it? Reaction to Brown? Not so speedy…

 Fighting for Civil Rights: Griffin v. County School Board (1964)  Prince Edward County, VA closed its public schools  provided tax breaks to private school families (all private schools were whites only)  Federal District court could take over the School Board’s taxing power and reopen the schools

 Fighting for Civil Rights: Green v. New Kent County (1968)  Schools must actively desegregate  Freedom of choice plans not effective measure of desegregation

  Busing to achieve racial balance in schools was an acceptable method of desegregation  Adopted nation-wide  Riots in Boston Fighting for Civil Rights: Swann v. Charlotte-Mechlenburg (1971)

 Fighting for Civil Rights: Regents v. Bakke (1978)  Challenge to UC Davis Med School’s Affirmative Action Policy  Quotas are unconstitutional  Race can be used as a factor in college admissions

  Air Carrier Access Act of 1986  Prohibits discrimination against individuals with disabilities in the provision of air transportation  Americans with Disabilities Act (ADA)  Protects persons with disabilities from discrimination in many aspects of life, including employment, education, and access to public accommodations  Civil Rights Act of 1964: Title VII  Prohibits employment discrimination based on race, color, religion, sex, and national origin. Examples of Civil Rights Legislation

  Civil Rights of Institutionalized Persons Act  Protecting persons in institutions (including residents in government-run nursing homes, and prisoners) from unconstitutional conditions  Equal Pay Act of 1963  Requires that employers pay all employees equally for equal work, regardless of whether the employees are male or female.  Pregnancy Discrimination Act  Prohibits employment discrimination against female workers who are (or intend to become) pregnant -- including discrimination in hiring, failure to promote, and wrongful termination. Legislation examples cont.