1. The substance of Justice
Chapter 10

3. Learning Objectives Define civil rights and civil liberties.
Discuss issues in civil liberties in Texas, including freedom of expression, freedom of religion, the right to bear arms, and abortion.
Describe issues in civil rights in Texas, including issues of school segregation, education, and civil rights for convicted criminals.
Discuss the way recent episodes in Jasper and Tulia illustrate both progress and continuing problems with civil rights in Texas.
Assess capital punishment in Texas.
Evaluate tort laws in Texas.

4. Civil Liberties Basic individual freedom from government interference
Both U.S. and Texas constitutions have guarantees
Traditionalist culture in South less likely to give these freedoms
Discussion: Why has Texas struggled with extending these freedoms?

5. Freedom of Expression How best to define? Gitlow v. New York (1925)
Protections in U.S. Constitution required of states
Texas v. Johnson (1989)
Flag burning is expression
Unpopular speech requires the most protection

6. Freedom of Expression 2003 Anti-war protestors
Discussion: How did their protests differ from Johnson’s?

8. Freedom of Religion
U.S. Constitution’s First Amendment protects religion
Interpretations fall to the courts
Religious Freedom Restoration Act
In schools
Santa Fe football case
Pledges of allegiance

9. The Right to Keep and Bear Arms
Majority of Texans believe both U.S. and Texas constitutions guarantee “right to keep and bear arms”
Question of which kinds of arms remains
Texas fairly permissive of private gun ownership
2011 legislative session

11. Abortion One of the most divisive political issues Roe v. Wade (1973)
Abortion rights based on right to privacy
Texas policies tend to be strongly pro-life
Recent laws

12. Civil Rights Right of members of all groups to be treated equally
Influence of traditionalist culture
Discriminatory laws—Black codes, Jim Crow, etc.
Overturned by federal, not state, courts

13. School Segregation Brown v. Board of Education (1954)
Texas school districts fought desegregation
Great majority of districts legally integrated
Citizens of different economic classes may still be separated

14. Education: A Basic Right?
Edgewood v. Kirby (1987)
Huge disparities in value of taxable properties drove unequal funding
“Robin Hood” law
Wealthy districts sue
“In effect” a state property tax
State response

15. Jasper and Tulia Murder of James Byrd
Conviction by integrated jury
Hate crimes bill
Arrest and conviction on drug charges of 46 in Tulia
Subsequent pardon, release

16. © AP Photo/David J. Phillip.
John William King, front, and Lawrence Russell Brewer are escorted from the Jasper County courthouse Tuesday, June 9, King, Brewer, and Shawn Allen Berry were convicted of first-degree murder in the death of James Byrd Jr., who was tied to a truck and dragged to his death along a rural East Texas road. p. 334.
© AP Photo/David J. Phillip.

18. 2011 Legislative Session
Discussion: Should Texas pass sanctuary cities legislation?

19. Civil Rights for Convicted Criminals
Even when incarcerated, prisoners retain some civil rights
In 1972, prisoner David Ruiz alleged inhumane treatment
Federal judge W. W. Justice put Texas prisons under federal supervision until 2002

20. Capital Punishment Texas leads the nation in executions
Overwhelmingly supported
Unconstitutional for minors
Handling of appeals still an issue
Discussion: is capital punishment justified?

21. Table 10-1

22. Torts and Tort Reform
Tort—a lawsuit about a civil or private wrong or injury
Punitive damages
Limits on awards in Texas
Office of Patient Protection?
Discussion: Is tort reform just preventing frivolous lawsuits or allowing abuse of consumers?