1. Civil Liberties and Civil Rights
Government

2. Civil Liberties Protections, or safeguards, that
citizens enjoy against the abusive
power of the government

3. Bill of Rights First 10 amendments to Constitution
Applies only to the federal government

4. Selective Incorporation
Process of making the Bill of Rights work at the state level
The Supreme Court has applied the Bill of Rights to the states using court cases before the court

5. Bill of Rights

6. 1st Amendment Guarantees 5 freedoms Speech Press Religion Petition
Assembly

7. 1st: Types of Speech SELECTIVE INCORPORATION Tinker v. Des Moines
Wearing black arm bands for protest is legal under freedom of (symbolic) speech
Texas v. Johnson
flag burning is protected under freedom of speech. (symbolic)
Pure Speech
Speech only
Speech-Plus
Words + Actions
Symbolic speech
Representations of ideas without words
Sit ins, armbands, flag burning, etc.
Unconstitutional when the mode of expression (not the ideas) are considered harmful.

8. 1st: Speech & Press Unprotected speech includes Obscenity
Defamatory speech
Pornography
Fighting words (incite violence)
Seditious speech (treason)

9. 1st: Speech
Defamation – not protected by the 1st- saying or printing things that could hurt a person’s reputation
Libel
Written statement that defames the character of another person
Slander
Oral (spoken) statement that defames the character of another person

10. 1st: Exceptions to Freedom on Speech & Press
Clear and Present Danger Test
Prohibited speech only when it would result in imminent harmful consequences
Prior Restraint
censorship before publication (gag orders)
Shield Laws
None at federal level, up to states
Would protect reporters from revealing their source
SELECTIVE INCORPORATION
Schenck v. U.S.
encouraged people to avoid the draft and handed out anti-war leaflets…since in war, posed a threat to safety and therefore not allowed)
Hazelwood v. Kuhlmeier
principal stopped a story before printed in the school newspaper

11. 1st: Religion Establishment Clause
SELECTIVE INCORPORATION
Engel v. Vitale
No school prayer
Wallace v. Jafree
No moment of silence for prayer
Lemon v. Kurtzman
Rules for using tax money on private (religious) schools
Establishment
Clause
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;”
Forbids Congress from establishing a national religion

12. Conscientious Objector
1st: Religion
Free Exercise Clause
Guarantees the right to practice a religion of their choice
Conscientious Objector
Person who refuses to perform military service because of opposition to war based on religious beliefs

13. 1st: Assembly & Petition
Must be lawful and nonviolent
It is usually the onlookers, not the protestors that cause the problems
The state can protect from assembly on private property
Extremist groups can't be punished if their words are not expressly linked to action

14. Rights of the Accused

15. Rights of the Accused: Prohibited Powers: Unconstitutional
Bill of Attainder
Declares a person guilty w/o a trial
Ex post facto law
Makes an act criminal when it was committed legally (illegal after the fact)
Suspension of writ of habeas corpus
Arresting and imprisoning w/o cause

16. 4th Amendment: Prohibits Unreasonable Search & Seizure
Warrant required
Must have probable cause
Must describe place & person/things to be seized
Miranda Rights
Must read a suspect their rights
Exclusionary Rule
Evidence illegally obtained can be excluded in court proceedings.
SELECTIVE INCORPORATION:
Mapp v. Ohio
Arrested Mapp for having obscene materials in home but warrant was looking for another suspect and his bomb-making materials.
Miranda v. Arizona
suspect testified without lawyer, claimed he did not know he had the right to remain silent.

17. 5th Amendment: Rights when Accused
Right to a grand jury
Indictment guarantees enough evidence to go to trial
Double jeopardy
Can’t be tried for the same offense of law twice
Self incrimination
Can’t be forced to serve as witness against self
Miranda Rights
Miranda v. Arizona
Due process
Fair Procedures for all
Eminent domain
Private property can’t be taken w/o just cause

18. 6th Amendment: Rights when On Trial
Right to a speedy and public trial
Right to a petit jury trial (12 members)
Right to be informed of charges
Right to confront witnesses
Right to counsel
Gideon v. Wainwright (Florida man denied lawyer because he couldn’t afford one and the charges were state charges…challenged from jail and won)

19. Jury Trial in Civil Cases
7th & 8th Amendments
7th
Jury Trial in Civil Cases
Right to a trial jury for cases involving more than $20
8th
Bail, Punishment
No excessive bail, no cruel & unusual punishment
Death Penalty is Legal if administered equally:
Two Stage Trial:
Stage 1: Decide Guilt
Stage 2: Decided Punishment

20. 9th Amendment: Right to Privacy
Provides the basis for civil liberties not specifically mentioned in the Constitution

21. Fourteenth Amendment Due Process Clause
No state can deprive a person of life, liberty or property without due process of law
Substantive – substance of the law guarantees due process
Procedural – actions of those involved guarantee due process (police, lawyers, judges)

22. Civil Rights Obligations that government has to
protect citizens from discrimination
and to guarantee equal citizenship

23. Racial Discrimination
Dred Scott v. Sanford
Set the precedent that slaves were property
The Civil War Amendments
13th – Freed Slaves
14th – granted citizenship to all natural born Americans (former slaves included)
15th – Right to vote

24. Equal Protection Clause
Fourteenth Amendment
Equal Protection Clause
No state may deny any person equal protection of the law
Discrimination
Categories
Race
Gender
Age
Disability
Sexual Orientation

25. Segregation Separation of People
De Jure
By law
De Facto
By differences
Income, housing patterns, educational opportunities, socioeconomic status

26. Racial Discrimination
Jim Crow Laws
State and local laws enacted in the South that required the separation of African-Americans and whites in public facilities and placed legal restrictions on blacks to prevent them from voting.
Examples: Grandfather clause
Poll taxes
Literacy Tests
White Primaries
Separate schools, hotels, buses, trains

27. Racial Discrimination
Segregation Cases
Plessy v. Ferguson
allowed segregation through the separate but equal doctrine
Tried to fight segregation on train cars. Supreme Court said if facilities were equal, it was acceptable to separate by race.
Brown v. Board of Education of Topeka
overturned Plessy; integration of public schools “with all deliberate speed”

28. Civil Rights Movement
Led by Martin Luther King, NAACP & Thurgood Marshall
Introduced Civil Disobedience
Breaking the law to get it changed
Rosa Parks at the front of the bus
Sit ins at White Lunch Counters

29. Civil Rights Act of 1964
Stopped public segregation, job discrimination
Extended to all racial, religious, gender and ethnic minorities
Now applied to disabled, elderly, homosexuals

30. Voting Rights Act of 1965 Ensured minority right to vote
Worked to end poll taxes, literacy tests, grandfather clauses, etc…

31. Affirmative Action
Aimed at increasing representation of women and minorities
Used in college admission and job hiring
Ranges from recruiting efforts to the use of quotas
Reverse Discrimination
Discrimination against a MAJORITY group
Regents of the University of California v. Bakke

32. Women’s Suffrage Movement
Led by Susan B. Anthony – organized Women’s Rights Convention in 1848
19th Amendment – Right to vote
Comparable Worth – equal pay for equal work
Equal Rights Amendment – guarantee for equality (states said already in 14th)
Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.