1. Civil Rights – Preventing Discrimination
Are Differences in the treatment of people reasonable or are they arbitrary??
Suspect classifications developed by race, sex, gender, ethnicity or orientation
Suspected classifications, if proven, are held to the “strict scrutiny” standard meaning govt. must justify the reason for the differences.

2. The Black Predicament
The perceived costs of granting blacks the right to vote was not widely shared
Majoritarian politics worked against blacks
Progress depended on finding more white allies or shifting the arena of battle.
How to move the struggle from a legal / political one of Congress to the federal courts

3. Civil Rights in the Courts
14th Amendment Ambiguities
Permitted some forms of segregation
Narrow interpretation of amendment
Provided legal & political equality but NOT social
Plessy v Ferguson – separate but equal

4. Civil Rights in the Courts
NAACCP Attacks the Plessy verdict in Supreme Court
Separate but equal is inherently unequal and therefore unconstitutional.
Must have integration
Leads to the monumental verdict in Brown v Board of Education (1954)

5. Brown v. Board of Education
Implementation – class action law suit; T. Marshall; NAACP; integration should proceed with all deliberate speed. Southern states did not comply; abuse of judicial power? National Guard used as escorts
Rationale – Sep. but equal was a detriment to students creating a sense of inferiority; Social Science used to prove the point; studies of black student
Desegregation v. Integration??

6. Desegregation v. Integration
De Jure vs. de Facto segregation
Integration defined: “unitary, nonracial system of education.”
Swann v. Charlotte-Mecklenburg – set up guidelines for integration
Must have intentional discrimination
1 race schools create intent
Remedies include quotas, busing, new district
Not every school must reflect same racial composition

7. Civil Rights in Congress
Mobilizing public opinion
Get civil rights on political agenda thru dramatic events (civil disobedience, MLK, sit-ins, marches)
Congress defensive of civil rights
Why the change? Public opinion changed; whites act violently; JFK shot; Democratic landslide in 1964

8. The Five Freedoms & Civil Liberties
1st AMENDMENT
The Five Freedoms
&
Civil Liberties

9. Freedom of Religion The Establishment Clause
Cannot favor or fund 1 religion
Cannot encourage or discourage religion
No national religion
“Wall of Separation” concept
No govt. involvement in religion even if help is not preferential

10. Freedom of Religion The Establishment Clause
3 Part Lemon Test ( Lemon v. Kurtzman)
Strictly secular purposes
Neither advances or inhibits religion
No excessive govt. entanglement

11. Freedom of Religion The Establishment Clause Cases Lemon - Edwards
Everson - Lee
Engle - Santa Fe S.D.
Abington Commandments
Lynch - Zelman
Wallace
Westside Community

12. Freedom of Religion The Free Exercise Clause No state interference
Makes freedom of religion like freedom of speech
No special burden placed upon religions
No religious exemptions from binding law
Religion restricted if practice conflicts with law
Beliefs are absolute; practices can be restricted

13. Freedom of Religion The Free Exercise Clause Reynolds v. US
Wisconsin v. Yoder
Employment Division, Oregon v. Smith
Church of Lukumi Babalu Aye v. Hialeah

14. Freedom of Speech Three Types of Protected Speech
Pure- verbal / most common / most protected
Symbolic – actions & symbols / limited immunity / not protected if act is illegal (draft card burning)
Speech Plus – verbal & symbolic together (rally & picket)

15. Freedom of Speech Limitations on Speech National Security & Crisis
Slander – not protected / must prove actual malice
Obscenity – not protected/ difficult to define / material must show a serious literary, artistic, political or scientific value / an average person applying contemporary community standards / I know it when I see it
Hate Speech – limited protection
Fighting words – Not protected

16. Freedom of Speech Cases
Schenk v. US – Clear & Present Danger test
Gitlow v. NY – Bad Tendency Test
Brandenburg v. Ohio – Imminent Action Test
Tinker v. Des Moines - Symbolic Speech
Miller v. California - Miller Test for obscenity
Bethel SD v. Fraser -Obscenity regulated by school
Texas v. Johnson - Flag Burning Protected
Reno v. ACLU – Internet regulation too broad

17. Freedom of Press Freedom from Prior Restraint
Libel charges to punish falsehoods
Key Court Cases:
Near v. Minnesota – prohibits prior restraint to states
NY Times v. Sullivan – protects statements made about public officials
NY Times v. U.S. – No federal prior restraint; Pentagon Papers and Watergate
Hazelwood v. Kuhlmeire – Schools can censor student news papers

18. Due Process & Rights of Accused
Due Process – the govt acting in a fair manner according to established rules
1. Substantive Due Process – subject of law, is the law constitutional
2. Procedural Due Process - the method of govt. action; how law is carried out

19. Due Process & Rights of Accused
Due Process – the govt acting in a fair manner according to established rules
1. Substantive Due Process – subject of law, is the law constitutional
2. Procedural Due Process - the method of govt. action; how law is carried out

20. Due Process & Rights of Accused
4th Amend – Searches & Seizure
Wolf v. Colorado – incorporated 4th amend
Mapp v. Ohio – Exclusionary Rule; need warrant
Terry v. Ohio – Terry Search & Frisking
Nix v. Williams – Inevitable Discovery
U.S. v. Leon – “Good Faith” exception to exclusionary rule
NJ v. TLO – are school searches legal?

21. Due Process & Rights of Accused
5th Amend – Self-Incrimination
Miranda v. Arizona – Right to silence, right to a lawyer
6th Amend – Right to Lawyer
Powell v. Alabama – all capital cases get lawyer
Gideon v. Wainright – state trials, lawyer provided, overturns Betts v. Brady

22. Due Process & Rights of Accused
8th Amend – Cruel & Unusual Punishment
Furman v. Georgia – death penalty is unconstitutional, too arbitrary
Gregg v. Georgia – death penalty is legal, based upon the circumstances of the case

23. Freedom of Assembly & Petition
NAACP v. Alabama (1958)
Boy Scouts of America v. Dale (2000)

24. 2nd Amendment Rights
District of Columbia v. Heller (2008)