1. Civil Rights & Liberties
AP Government
Rixie
Chapters 4 & 5

2. What’s the difference? Civil Rights Civil Liberties
“Legal actions that the government takes to create equal conditions for all people”
Ex: The gov’t must protect equal voting rights we have under various amendments.
“Protections against government actions”
Ex: The gov’t cannot infringe on our 1st Amendment ability of free religious exercise (within reason)
Sources:

3. While civil liberties are almost always about protecting the individual, usually from government, civil rights are about protecting a group of people, often from the majority.
What’s the difference?

4. Overview: Civil Liberties

5. Bill of Rights – Then and Now
The Bill of Rights protects freedoms at a national level, but these freedoms were not necessarily guaranteed in some state constitutions
Barron v. Baltimore (1833):
SCOTUS ruled that states could not be forced to uphold the Bill of Rights if it conflicted with their state constitution.
Bill of Rights – Then and Now

6. Bill of Rights – Then and Now
Barron v. Baltimore:
“We are of opinion that the provision in the Fifth Amendment to the Constitution declaring that private property shall not be taken for public use without just compensation is intended solely as a limitation on the exercise of power by the Government of the United States, and is not applicable to the legislation of the States.”
The Court ruled the 5th Amendment was not applicable to the states.
Bill of Rights – Then and Now

7. State governments must respect some 1st Amendment rights
“Due Process Clause” of the 14th Amendment
“Nor shall any state deprive any person of life, liberty, or property without due process of law”
Began incorporation doctrine:
Legal concept – SC has nationalized the Bill of Rights (made most provisions applicable to the states)
Gitlow v. New York (1925)

8. Which amendment?
What are the two distinct clauses?
Religion

10. Expression Which amendment? The Press: Obscenity: difficult to define
Prior restraint: government censorship (usually not allowed)
Libel – written defamation
Slander – spoken defamation
Obscenity: difficult to define
Expression

11. Expression Individual speech in public:
Need for public order (can’t yell “fire”)
Gov’t can only censor if there is a “clear and present danger”
Symbolic speech okay – flag burning
Commercial speech & broadcasting
More restricted
Regulated by FTC and FCC
Expression

12. Assembly Assemble Associate Right to literally gather together
“Time, place, and manner” restrictions
Permits
Right to group yourself with those with a common interest
Often for political change
Assembly

13. Which amendment?
Limitations?
Right to Bear Arms

14. As with free speech, the courts must continually interpret the vague language of the Constitution in order to apply it to today’s issues and events:
What is “self-incrimination”?
What is a “fair trial”?
What is “unreasonable search and seizure”?
What is “right to counsel”?
What is considered “cruel and unusual punishment”?
Defendants’ Rights

15. Defendants’ Rights Which amendments? 4th – Search & Seizure
4, 5, 6, 7, and 8
4th – Search & Seizure
Probable cause, search warrant, & other conditions police must meet
5th – forbids forced self-incrimination
Miranda rights: police must read these to suspects
Defendants’ Rights

16. 6th – right to counsel; right to speedy and public trial
7th – right to jury trial in civil cases
8th – prevents cruel and unusual punishments; death penalty?
Patriot Act
Passed after 9/11
Expanded power of federal gov’t (esp. NSA) to conduct wiretapping & surveillance of suspected terrorists
Defendants’ Rights

17. Not explicitly stated in any, but implied, according to the Supreme Court
Due process clause of 14th Amendment extends this liberty to the states
But which amendments imply that this liberty even exists?
Right to Privacy

18. Overview: Civil Rights

19. Equality What does it mean to be equal?
Equal results vs. equality of opportunity
14th Amendment – Equal Protection Clause
When is it fair to classify people?
Equality

20. Equality S.C. – 3 levels of scrutiny for classifications
1. Strict scrutiny
Any time the law classifies people by race & ethnicity, it is inherently suspect
2. Intermediate scrutiny
Gender (classifications may be reasonable but should still be closely examined)
3. Rational basis
Case by case
Age, income level, etc.
Equality

22. African American Civil Rights
Struggle against slavery – 13th Amendment ended it in 1865
Reconstruction: racial segregation, Jim Crow Laws
Fight for equal education:
Plessy v. Ferguson – “separate but equal” segregation okay
Brown v. Board of Education – overturned Plessy
School segregation violates 14th Amendment
African American Civil Rights

23. African American Civil Rights: Policy
Civil Rights Act of 1964
Forbid racial discrimination in public places and employment
EEOC – Equal Employment Opportunity Commission would help enforce
Dept. of Justice has authority to desegregate schools/public facilities
Voting Rights Act of 1965
Abolished literacy requirements
Prohibited governments from using procedures that denied right to vote based on race
African American Civil Rights: Policy

24. A policy meant to bring about increased employment/promotion/admission for groups that have been discriminated against
S.C. has had mixed decisions on the constitutionality of this
Generally, racial quotas are not okay
Is this necessary to promote diversity and remedy previous discrimination, or can it be considered reverse discrimination?
Affirmative Action

25. Other racial/ethnic groups with a history of discrimination
Native Americans
Reservations
Citizenship & right to vote granted 50 years after African Americans
Hispanic Americans
Largest minority group; history of segregation
Have drawn from many tactics of African American civil rights movement; MALDEF
Asian Americans
Fastest-growing minority group
Internment camps – WWII (Korematsu v. US)
Muslim Americans
Impact of terrorism
Hate crimes
Other racial/ethnic groups with a history of discrimination

27. Women’s Rights 19th Amendment – right to vote, 1920
Societal expectations of traditional gender roles
History of wage & hiring/promotion discrimination
Education: Title IX legislation forbids gender discrimination in any programs receiving federal funds, including athletics
Military: 2013, combat ban lifted
Sexual harassment in the workplace
Women’s Rights

28. What other groups are discriminated against?
The elderly: especially in education and employment
People with disabilities:
Americans with Disabilities Act of 1990 (ADA)
Requires employers and public facilities to make reasonable accommodations and prohibit employment discrimination
LGBTQ community:
Affected by homophobic attitudes, hate crimes, discrimination
Marriage – SC case Obergefell v. Hodges (2015)