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

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

3. What’s the difference? Civil Liberties: Civil Rights:
Protects from government
Protecting the individual from gov. abuse
What the gov. CANNOT do: “Congress shall make no law abridging…”
Due Process Clause
Protections the Constitution provides against the abuse of government powers, for example, censoring your speech
Protections by government from discrimination
Protecting the minority from majority abuse
What gov. SHOULD do: ex. “Civil Rights Act of 1964”
Equal Protection Clause
Protects certain groups such as women, LGBTQ, and African Americans against discrimination
What’s the difference?

4. The Fourteenth Amendment (Section 1)
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The Fourteenth Amendment (Section 1)

5. The Due Process Clause
“…Nor shall any state deprive any person of life, liberty, or property, without due process of law.”
Often used by the courts to apply the civil liberties found in the Bill of Rights to the state governments

6. Incorporation Doctrine (a.k.a. selective incorporation)
Bill of Rights language: Congress shall make no law… (federal gov’t, not the states)
Incorporation doctrine:
Legal concept – SCOTUS has nationalized most of the Bill of Rights over the years (made most provisions applicable to the states, but not at once)
“Due Process Clause” of the 14th Amendment is the legal basis of this
Started with Gitlow v. New York (1925)
Incorporation Doctrine (a.k.a. selective incorporation)

7. The Equal Protection Clause
“No state shall… deny to any person within its jurisdiction the equal protection of the laws.”
Often used to challenge state laws in court if the law potentially violates a citizen’s civil rights

8. “All men are created equal”
DOES mean:
Does NOT mean:
“All men are created equal”
Everybody has “unalienable rights”
Equality of opportunity (same chance to succeed)
- Everyone is exactly the same/alike - There are no differences amongst people - We are all entitled to equal results or equal rewards

9. Overview: Civil Liberties

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

12. Expression (The collective rights of the 1st Amendment)
Which amendment?
The Press:
Prior restraint: government censorship (usually not allowed)
Libel – written defamation
Slander – spoken defamation
Obscenity: difficult to define
Expression (The collective rights of the 1st Amendment)

13. Expression Individual speech in public:
Need for public order (can’t yell “fire” in a crowded room if no fire)
Gov’t can only censor content if there is a “clear and present danger”
Symbolic speech okay – flag burning, Tinker armbands
Commercial speech & broadcasting
More restricted
Regulated by FTC and FCC
Expression

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

15. Right to Bear Arms Which amendment? Limitations?
Does it apply to states?
(McDonald v. Chicago)
Right to Bear Arms

16. 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

17. 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
Also forbids double jeopardy and guarantees right to due process
Defendants’ Rights

18. 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
USA Freedom Act renewed many provisions of the Patriot Act, but phased out the provision allowing mass collection of internet data/phone records
Defendants’ Rights

19. But which amendments imply that this liberty even exists?
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?
9th, 4th, 1st, 3rd
Right to Privacy

20. Overview: Civil Rights

21. 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

22. 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

24. 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

25. 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
Helped enforce the 15th Amendment
African American Civil Rights: Policy

26. 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

27. 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

29. 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

30. 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)