1. Civil Liberties and Civil Rights
and Public Policy

2. Assignments for Rest of Semester
Chapter 4: Civil Liberties and Public Policy
Notes 12/1 to 12/4
Chapter 5: Civil Rights and Public Policy
Notes 12/5 and 12/8
Chapter 14: The Federal Courts
Notes 12/9 and 12/10
All text chapter notes due Thursday 11/11
Project: Civil Liberties and Public policy
Presentations Thurs 12/11 and Fri. 12/12
Final Exam
Period 2: 11/17
Period 7: 11/18

3. “All people are endowed by their creator with certain unalienable rights”
Civil Liberties
Rights that belong to everyone, protections against government, guaranteed by Constitution, legislation, and judicial decisions
Civil Rights
Positive acts of government, designed to prevent discrimination and provide equality before the law

4. Fundamental Freedoms by Founding Fathers
Constitution and Civil Liberties
Writ of habeas corpus
Brought before a court
Informed of charges against you
No bills of attainder
Cannot be punished without a trial
No ex post facto laws
Laws added to acts that are committed before a law’s passage are unconstitutional
Trial by jury

5. Bill of Rights and Civil Liberties
Freedom of religion, speech, press, petition and assembly (1st Amendment)
Establishment Clause
prohibits the government from making any law “respecting an establishment of religion.”
This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.
It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.
Free Exercise Clause
right of American citizens to accept any religious belief and engage in religious rituals
protects not just religious beliefs but actions made on behalf of those beliefs. 

6. Rights of the Accused
No unreasonable searches and seizures (4th Amendment)
Protections against self-incrimination and double jeopardy (5th Amendment)
Cannot be forced to testify against yourself
Cannot be tried twice for same crime
Miranda v. Arizona (1966)—”Miranda Rights”
Protections in criminal procedures (6th Amendment)
Right to a lawyer, Right to a public trial, Right to know who your accusers are, Right to an impartial jury, speedy trial

7. 14th Amendment
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.

8. 14th amendment and expanded rights
Gitlow v. New York (1925)
Incorporation: Due Process law of 14th Amendment apply to the guarantees of the Bill of Rights to state and local government
Legislative Actions
Set limits or boundaries on one person’s rights over another’s
Bring balance between the rights of individuals and the interests of society
Judicial Review
Court decisions that protect rights
Flag burning is protected form of symbolic speech but burning of draft card is not

9. Freedom of Speech Types of Speech Speech Plus
Pure Speech
Most common form of speech, verbal speech, given the most protection by the courts
Speech Plus
Verbal and symbolic speech used together, such as a rally, and then picketing; may also be limited
Regulating Speech-historically
1798 Alien and Sedition Acts
Illegal to say anything “ false, scandalous and malicious against the govt.”
1901 assassination of Pres. McKinley by anarchist/entry into WWI

10. Symbolic Speech
The term symbolic speech is applied to a wide range of nonverbal communication. 
Many political activities like… are considered symbolic speech
wearing armbands
displaying or mutilating the U.S. flag 
The U.S. Supreme Court has held that this form of
 communicative behavior is entitled to the protection 
of the amendment rights of Constitution freedom of
speech

12. Symbolic Speech Tinker v. Des Moines 1969
John and Mary Beth Tinker of Des Moines, Iowa, wore black armbands to their public school as a symbol of protest against American involvement in the Vietnam War. When school authorities asked that the Tinkers remove their armbands, they refused and were subsequently suspended. The Supreme Court decided that the Tinkers had the right to wear the armbands, with Justice Abe Fortas stating that no one expects students to “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
. . . In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.“ Justice Fortas

13. Freedom of the Press
Protected because closely related to freedom of speech
Form of expression-Includes newspapers, magazines, radio, television
Internet

14. Freedom of Assembly and Petition
“right of the people peacefully to assemble, and to petition the Government for a redress of grievances.”
Applies to both public and private places
Petitions, letters, picketing, demonstrations, parades, marches
Courts have protected these rights at same time allowing govt. to set limits to protect the rights and safety of others
Permits
Certain public facilities NOT open to general public may not be used for demonstrations
Cannot use private property for its own uses
Police may disperse demonstrations in order to keep the peace and protect the public’s safety

15. Property Rights Due Process Clause of 5th/14th Amendments
Protection of private property
Government cannot deprive person of “life, liberty, or property, without due process of law”
Substantive due process
Policies of govt. or subject matter of the laws, determining whether law is fair or if it violates constitutional protections
Procedural due process
How the law is carried out
Eminent domain—5th Amendment
Govt. can take property for public use but requires govt. “provide just compensation for that property”

16. Right to Privacy No mention of “Right to Privacy” in Constitution
Griswold v. Connecticut ( 1965)
Zones of Privacy
1st, 3rd, 4th, 9th and 14th Amendments
Enhance concept of enumerated rights
Roe v. Wade (1973)
Recognition of right of privacy for a woman to determine whether to terminate a pregnancy

17. Civil Rights and Public Policy
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals
Public policy has been created by all three branches of government to prevent
Racial discrimination
Gender discrimination
Age, disability, sexual orientation

18. women and discrimination

19. Plessy v. Ferguson

20. Brown v. Board of Education

21. Equal Protection Clause

22. Affirmative Action