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Unit VIB: Civil Liberties and Civil Rights

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Title: Unit VIB: Civil Liberties and Civil Rights


1
Unit VIB Civil Liberties and Civil Rights
  • Chapters 15 16

2
Chpt. 15 Civil Liberties
  • Key Terms to Know
  • Bill of Rights
  • Civil liberties
  • Clear-and-present danger doctrine
  • Commercial speech
  • Due-process clause
  • Establishment clause
  • Exclusionary rule
  • Free-exercise clause
  • Gitlow v. New York
  • Incorporation doctrine
  • Libel
  • Mapp v. Ohio
  • Miranda v. Arizona
  • Patriot Act
  • Obscenity
  • Prior restraint
  • Probable cause
  • Search warrant
  • Slander
  • Symbolic speech

3
Essential Questions to Answer
  • How does politics and culture affect civil
    liberties?
  • How important is the first amendment?
  • What is speech?
  • Who is a person?
  • Is there separation between church and state?
  • What is due-process?

4
Civil Liberties versus Civil Rights
  • civil liberties involve restraining the
    governments action against individuals
  • civil rights are rights all individuals share as
    provided for in the 14th amendment, which
    guarantees equal protection under the law

5
Civil Liberties
  • First Amendment of Bill of Rights
  • religion, speech, press, assembly, petition
  • Fourteenth Amendment
  • due process clause
  • incorporationapplying the Bill of Rights to the
    states
  • incorporation began in 1897
  • most significant parts of Bill of Rights have
    been incorporated

6
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7
The Constitutional Basis for Our Civil Liberties
  • Safeguards in the Original Constitution
  • Guarantee of Habeas Corpus
  • No bill of attainder
  • No ex post facto law
  • The Bill of Rights
  • Function is to protect the rights of minority
    groups against the will of the majority.
  • The Incorporation Issue

8
Incorporating the Bill of Rights
9
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10
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11
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12
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13
Equality Concepts
  • Legal equality law is the same for everyone
  • Equality of opportunity everyone has same chance
    to use abilities, work hard, and succeed
  • Equality of conditions guarantee of certain
    level of material conditions most controversial

14
Religion Establishment
  • Government is prohibited from officially
    establishing a religion
  • Questions regard the endorsing religion
  • 1962 no time for voluntary prayer in public
    school
  • 1963 no Lords Prayer in public school
  • 2000 no official prayer before high school
    football games

15
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16
Freedom of Religion
  • separation of church and state
  • comes from the 1st Amendment
  • establishment clause
  • contemporary conflicts
  • state aid to church-related schools
  • school voucher programs
  • prayer in schools
  • posting the Ten Commandments
  • teaching evolution
  • religious speech
  • free exercise

17
Freedom of Religion
  • The Establishment Clause
  • Prayer in the Schools- Engel v. Vitale (1962)
  • Evolution versus Creationism- Epperson v.
    Arkansas
  • Aid to Parochial Schools- Lemon v. Kurtzman
    (1971)
  • The Free Exercise Clause
  • Belief and Practice are Distinct- Reynolds v.
    U.S.
  • Religious Practices and the Workplace- Title VII
    of the Civil Rights Act of 1964.

18
Freedom of Expression
  • permitted restrictions
  • speech that presents a clear and present danger
  • speech that might lead to some evil (the bad
    tendency rule)
  • no prior restraint
  • protected speech
  • commercial speech
  • symbolic speech

19
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22
Freedom of Expression
  • unprotected speech
  • obscenity
  • child pornography
  • pornography on the Internet
  • slander
  • fighting words and hecklers veto
  • campus speech

23
Freedom of Expression
  • Early Restrictions on Expression
  • Seditious speech - Dennis v. United States
  • Limited Protection for Commercial Speech
  • Limited protection provided by the First
    Amendment.
  • Unprotected Speech
  • Libel and Slander
  • Fighting Words
  • Obscenity - Miller v. California (1973)
  • 1998 Child Online Protection Act
  • 2000 Childrens Internet Protection Act
  • Go to http//www.aclu.org

24
Unprotected Expression
  • Fighting words
  • Profanity
  • Obscenity
  • prurient interest in sex
  • no literary, artistic, political, or scientific
    value
  • Libel and slander
  • must be actual malice against public officials
    and figures

25
Freedom of the Press
  • press has some protection from libel charges
  • libel must be accompanied by actual malice
  • the press is now protected from gag orders during
    trials, except in unusual circumstances
  • radio and t.v. have much more limited 1st
    Amendment protections
  • they are subject to the equal time rule
  • they are subject to the personal attack rule

26
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27
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28
Freedom of the Press
  • Clear and Present Danger
  • Schenck v. United States
  • Bad-tendency Act
  • Gitlow v. New York
  • The Preferred-Position Doctrine
  • Prior Restraint
  • Censorship The Court argued that the government
    cannot curb ideas before they are expressed.
  • Freedom of Assembly

29
The Right to Assemble and Petition the Government
  • protected by the 1st Amendment
  • can be limited by municipalities right to offer
    permits for marches
  • has been tested by anti-loitering ordinances
    aimed at reducing gangs from congregating
  • online security

30
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31
Privacy Rights and Abortion
  • no explicit right to privacy in Constitution
  • Griswold v. Connecticut (1965) -- Supreme Court
    rules that privacy rights exist
  • comes from the 1st, 3rd, 4th, 5th and 9th
    Amendments
  • Roe v. Wade (1973) court rules that privacy
    rights include abortion rights
  • the Court has taken on a more restrictive view of
    the rights outlined in Roe

32
The Right to Privacy
  • Implied by the First, Third, Fourth, Fifth, and
    Ninth Amendments.
  • The Abortion Controversy
  • Roe v. Wade (1973) - womans right to terminate
    her pregnancy.
  • Do We Have the Right to Die?
  • Washington v. Glucksberg (1997)
  • Privacy Rights in an Infotech Age
  • Go to http//www.cdt.org
  • Go to http//www.epic.org/privacy

33
Other Privacy Rights
  • right to die
  • living wills
  • physician-assisted suicide
  • security issues after 9/11/01

34
Rights of the Accused
  • no unreasonable search and seizure
  • exclusionary rule
  • probable cause for arrest
  • no coerced confessions
  • no illegal interrogation
  • no entrapment
  • informed of rights, including silence
  • Miranda warnings

35
Rights of the Accused, (cont.)
  • writ of habeus corpus
  • prompt arraignment
  • legal counsel
  • Gideon V. Wainwright, 1963
  • reasonable bail
  • informed of charges

36
Rights of the Accused, (cont.)
  • speedy, public trial before a jury
  • impartial jury representative of community
  • no compulsory self-incrimination
  • adequate counsel
  • no cruel or unusual punishment
  • right to appeal convictions
  • no double jeopardy

37
The Rights of the Accused Recap
  • The Rights of Criminal Defendants
  • Fourth Amendment right against unreasonable
    search and seizure.
  • Fifth Amendment right against double jeopardy.
  • The Exclusionary Rule
  • Mapp v. Ohio (1961)- illegally obtained evidence
    is not admissible.
  • The Miranda Warnings
  • Fifth Amendment right against self-incrimination.
  • The Right to Counsel
  • Gideon v. Wainwright (1963)- If accused of a
    felony, an attorney must be made available at the
    governments expense.
  • No Cruel and Unusual Punishment Clause
  • Eighth Amendment also prohibits excessive bail
    and fines.
  • Go to http//supremecourtus.gov

38
States that Allow the Death Penalty
39
The Politics of Homeland Security
  • Should We Carry National Identification Cards?

40
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41
Americans at Odds over Civil Liberties
  • Should Hate Speech on Campus Be Banned?
  • Is America One Nation under God?
  • Should Americans Be More Concerned about the
    Erosion of Privacy Rights?
  • Go to http//www.vote-smart.org/issues

42
Discussion
  • Why is the Fourteenth Amendment so important to
    civil liberties?
  • Should prayer be encouraged in public schools?
  • Should religious accounts of the creation of life
    be given equal time with evolution?
  • What are some important freedom-of-speech issues
    on campus?
  • Have the courts done too much to protect the
    rights of the accused, or not enough?

43
Review Key Terms Generate a court case
(fictional) that addresses ALL of the key terms
below. Good Luck!
  • Bill of Rights
  • Civil liberties
  • Clear-and-present danger doctrine
  • Commercial speech
  • Due-process clause
  • Establishment clause
  • Exclusionary rule
  • Free-exercise clause
  • Gitlow v. New York
  • Incorporation doctrine
  • Libel
  • Mapp v. Ohio
  • Miranda v. Arizona
  • Patriot Act
  • Obscenity
  • Prior restraint
  • Probable cause
  • Search warrant
  • Slander
  • Symbolic speech

44
Essential Questions we Should Have Answered by
Now
  • How does politics and culture affect civil
    liberties?
  • How important is the first amendment?
  • What is speech?
  • Who is a person?
  • Is there separation between church and state?
  • What is due-process?
  • Lets Tackle These
  • Should it be all right for religious symbols to
    be displayed on government property?
  • If a person confesses to a crime, is there any
    reason why the confession should not be used in
    court?
  • How much can the government do to fight
    terrorism?

45
Chpt. 16 Civil Rights
  • Key Terms to Know
  • Affirmative action
  • Brown v. BOE
  • Civil rights
  • Civil Rights Act 1964
  • Civil rights movement
  • De facto segregation
  • De jure segregation
  • 14th Amendment
  • Freedom rights
  • MLK, Jr.
  • Montgomery bus boycott
  • NAACP
  • Nonviolent civil disobedience
  • Plessy v. Ferguson
  • Reasonableness standard
  • Roe v. Wade
  • Rosa Parks
  • Separate-but-equal doctrine
  • Sit-ins
  • Strict scrutiny standard
  • Swann v. Charlotte-Mecklenburg BOE
  • Voting Rights Act 1965

46
Essential Questions to Answer
  • What was the Black Predicament?
  • How do the courts influence civil rights?
  • How does Congress influence civil rights?
  • What is the stance for women and equal rights?
  • What is affirmative action?

47
Civil Rights History
  • Constitution originally supported slavery
  • 1857 Dred Scott
  • 13th and 14th amendments
  • Jim Crow laws
  • 1896 separate but equal doctrine

48
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49
Civil Rights History (cont.)
  • Segregation common in 20th century
  • 1910 NAACP forms
  • 1954 Brown v. Board of Education
  • Civil rights movement
  • Civil Rights Act of 1964
  • Voting Rights Act of 1965
  • Equal Rights Amendment not ratified

50
What is being represented in this chart?
51
Civil Rights
  • all rights rooted in the Fourteenth Amendments
    guarantee of equal protection under the law
  • what the government must do to ensure equal
    protection
  • what the government must do to ensure freedom
    from discrimination

52
Key Points of the Civil Rights Acts of 1865 to
1875
  • The First Civil Rights Act (1866)
  • extended citizenship to anyone born in the United
    States
  • gave African Americans full equality before the
    law
  • authorized the president to enforce the act
    through use of force

53
Key Points of the Civil Rights Acts of 1865 to
1875, (cont.)
  • The Enforcement Act of 1870
  • set out specific penalties for interfering with
    the right to vote
  • The Anti-Ku Klux Klan Act (1872)
  • made it a federal crime to deprive an individual
    of his or her rights

54
Key Points of the Civil Rights Acts of 1865 to
1875, (cont.)
  • The Second Civil Rights Act (1875)
  • everyone is entitled to equal enjoyment of public
    accommodation and places of public amusement
  • imposed penalties for violators

55
The Civil Rights Act were nullified through
  • The Civil Rights Cases (1883)
  • the Supreme Court rules that the 14th amendment
    only prevents official discriminatory acts by
    states, not by private individuals
  • Plessy v. Ferguson (1896)
  • stated that segregation did not violate the 14th
    amendment
  • established the separate-but-equal doctrine
  • provided constitutional justification for racial
    segregation, especially in the South

56
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57
Barriers to Voting by African Americans
  • the white primary a state primary election in
    which only whites may vote
  • allowed because Southern politicians claimed
    political parties were private entities
  • was outlawed by the Supreme Court in 1944 (Smith
    v. Allwright)
  • grandfather clause restricting voting to
    individuals who could prove that their
    grandfathers had voter prior to 1867
  • was used to exempt whites from poll taxes
  • was used to exempt whites from literacy tests

58
Barriers to voting by African Americans (cont.)
  • poll taxes required the payment of a fee to
    vote
  • intended to disenfranchise poor African Americans
  • was outlawed in national elections by the 24th
    amendment
  • was outlawed in all elections by the Supreme
    Court in 1966
  • literacy tests -- required potential voters to
    read, recite or interpret complicated texts
  • intended to disenfranchise African Americans

59
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60
Ending Legal Segregation
  • Brown v. Board of Education of Topeka (1954)
    Supreme Court rules public school segregation
    violates the 14th amendment
  • overturns Plessy v. Ferguson
  • Brown v. Board of Education (1955) orders
    desegregation with all deliberate speed
  • courtordered busing transporting African
    American children to white schools and white
    children to African American schools to end de
    facto segregation
  • Court-ordered busing transporting African
    American children to white schools and white
    children to African American schools

61
Modern Civil Rights Legislation
  • Civil Rights Act of 1964
  • forbade discrimination on the basis of race,
    color, religion, gender and national origin in
  • voter registration
  • public accommodations
  • public schools
  • expanded the power of the Civil Rights Commission
  • withheld funds from programs administered in a
    discriminatory way
  • established the right to equality of opportunity
    in employment (created the EEOC)

62
USPS continues to have the largest number of EEO
complaints filed of all Federal agencies, 2003.
63
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64
Charges of Discrimination
65
The Civil Rights Movement
  • Rosa Parks Montgomery, Alabama 1955
  • Martin Luther King, Jr. leads boycott
  • Kings philosophy of nonviolence
  • Civil rights activists emulate Kings use of
    Mahatma Ghandis tactics of civil disobedience
  • Birmingham protest, 1963
  • March on Washington, 1963
  • I Have a Dream speech
  • Black Power movement
  • Malcolm X

66
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67
Modern Civil Rights Legislation, (cont.)
  • Civil Rights Act of 1968
  • forbade discrimination in housing
  • Voting Rights Act of 1965
  • outlawed discriminatory voter registration tests
  • authorized federal registration and
    administration of voting where discrimination had
    taken place
  • resulted in massive voter registration drives of
    African Americans in the South

68
Womens Struggle for Equal Rights
  • Womens Suffrage Movement
  • was connected to the abolition movement
  • suffragists organized the first womens right
    convention at Seneca Falls, NY in 1848
  • established womens suffrage associations
  • finally won passage of the Nineteenth Amendment
    in 1920
  • Title IX

69
Seneca Falls Memorial
70
Womens Struggle for Equal Rights, (cont.)
  • The Modern Womens Movement
  • spurred in by the publication of Betty Friedans
    The Feminine Mystique ( 1963)
  • connected to the civil rights movement of the
    1960s
  • argued for ratification of the Equal Rights
    Amendment
  • failed to win the necessary states for
    ratification
  • has targeted gender discrimination by challenging
    policies and laws in federal courts
  • has advocated and encouraged an increasingly
    prominent role for women in government and
    politics

71
The right of citizensof the United States to
vote shall not be denied or abridged by the
United Statesor by any State on account of sex.
72
Gender-Based Discrimination in the Work Place
  • gender discrimination any practice, policy or
    procedure that denies equality of treatment to an
    individual or group because of gender
  • prohibited by Title VII of the Civil Rights Act
    of 1964
  • applies even to protective policies, policies
    designed to protect women of child-bearing age

73
Gender-Based Discrimination in the Work Place,
(cont.)
  • sexual harassment unwanted physical or verbal
    conduct or abuse of a sexual nature that
  • interferes with a recipients job performance OR
  • creates a hostile environment OR
  • carries and implicit or explicit threat of
    adverse employment consequences
  • wage discrimination women earn 76 cents for
    every 1.00 earned by men
  • the glass ceiling the phenomenon of women
    holding few of the top positions in professions
    or businesses

74
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75
Affirmative Action
  • a policy in educational admissions or job hiring
  • gives special consideration or compensatory
    treatment to traditionally disadvantaged groups
  • is an effort to overcome present effects of past
    discrimination
  • Bakke decision, 1978 reverse discrimination
  • Supreme Court strict scrutiny

76
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82
Gratz v. Bollinger
  • Grutter v. Bollinger

83
Beyond Equal ProtectionAffirmative Action
  • Affirmative Action Tested
  • Regents of the University of California v. Bakke
    (1979)
  • Reverse Discrimination - quota system?
  • Affirmative Action Is under Attack
  • Adarand Constructors, Inc. v. Pena (1995)
  • Hopwood v. State of Texas (1996)

84
Special Protection for Older Americans
  • Population Projections
  • Attempts to Protect Older Americans
  • Age Discrimination in Employment Act of 1967
    prohibits discrimination on the basis of age
    unless age is shown to be a bona fide
    occupational qualification
  • Mandatory Retirement is prohibited in most
    occupations by an amendment to the ADEA (1978)

85
More and more old people
86
Protecting Older Americans
  • -
  • Age Discrimination in Employment Act of 1967
  • Obtaining Rights for Persons with Disabilities
  • Americans with Disabilities Act of 1990- most
    significant legislation protecting the rights of
    this group.
  • Requires that all public buildings and services
    be accessible to persons with disabilities.
  • Go to http//www.aarp.org
  • Go to http//www.usdoj.gov/crt/ada/adahom1.htm

87
Securing Rights for Persons with Disabilities
  • The Americans with Disabilities Act of 1990
  • requires all public buildings and services be
    accessible to persons with disabilities
  • requires employers make reasonable accommodations
    for people with disabilities
  • defines disabilities as physical or mental
    impairments that substantially limit everyday
    activities
  • Supreme Court ruled that an HIV infection falls
    under the protection of the ADA
  • conditions that can be medically corrected
    (medication, glasses) do not fall under ADA

88
The Rights and Status of Gay Males and Lesbians
  • in decades past, most states had anti-sodomy laws
  • most laws now have been repealed
  • the Supreme Court upheld a law in Bowers v.
    Hardwick (1986) that made homosexual conduct
    between two adults a crime
  • in Romer v. Evans (1996) the Supreme Court ruled
    that a Colorado amendment that invalidated state
    laws protecting homosexuals violated the equal
    protection clause
  • now 12 states and 165 municipalities have laws
    that protect gay men and lesbians from
    discrimination

89
The Gay Community and Politics
  • in a referendum, voters in Hawaii opposed
    allowing same-sex marriages
  • the Vermont legislature has passed a law allowing
    same-sex civil unions
  • Child Custody and Adoption
  • courts now no longer deny custody or visitation
    to persons solely on the basis of sexual
    orientation
  • Gay Men and Lesbians in the Military
  • 1993 Clinton policy was characterized as dont
    ask, dont tell
  • Supreme Court will likely rule on the issue
  • Same-sex marriages
  • the Hawaii Supreme Court ruled that denying
    marriage licenses to gay couples might violate
    the equal protection clause of the state
    constitution

90
Ethnic changes in population
91
Hispanics
  • Party Identification and Electoral Significance
  • The largest ethnic minority in the United States.
  • Mexican-Americans and Puerto Ricans tend to
    identify with the Democratic Party.
    Cuban-Americans support the Republican Party for
    their anti-Castro position.
  • Political Participation
  • Hispanic voter turnout is only about 27 percent
    compared to 50 percent for the population at
    large.
  • Go to http//www.latinosvote.com/

92
Other Ethnic Groups
  • Asian Americans http//www.sunfiregroup.com/
  • Native Americans http//www.geocities.com/CapitolH
    ill/9118/

93
The Rights and Status of Juveniles
  • parents are viewed as protectors of childrens
    rights
  • the 26th amendment grants 18-21 year olds the
    right to vote
  • most contracts entered into by minors cannot be
    enforced
  • parents can be held liable for minors negligent
    actions
  • minors are sometimes viewed as incapable of
    criminal intent
  • when minors are tried as adults, they are
    afforded the same protections, but are subject to
    adult penalties (including the death penalty)

94
The Politics of Homeland Security
  • Racial Profiling in the War on Terrorism

95
Discussion
  • In what circumstances is bilingual education
    warranted?
  • What still needs to be done in the area of civil
    rights?
  • Should gays and lesbians have the same rights as
    heterosexuals?
  • Should affirmative action be extended? Abolished?
  • What policies are necessary to promote gender
    equality?

96
Key Terms to Know
  • Affirmative action
  • Brown v. BOE
  • Civil rights
  • Civil Rights Act 1964
  • Civil rights movement
  • De facto segregation
  • De jure segregation
  • 14th Amendment
  • Freedom rights
  • MLK, Jr.
  • Montgomery bus boycott
  • NAACP
  • Nonviolent civil disobedience
  • Plessy v. Ferguson
  • Reasonableness standard
  • Roe v. Wade
  • Rosa Parks
  • Separate-but-equal doctrine
  • Sit-ins
  • Strict scrutiny standard
  • Swann v. Charlotte-Mecklenburg BOE
  • Voting Rights Act 1965

97
Essential Questions we Should Have Answered by
Now
  • What was the Black Predicament?
  • How do the courts influence civil rights?
  • How does Congress influence civil rights?
  • What is the stance for women and equal rights?
  • What is affirmative action?
  • Lets Tackle These
  • Should numerical goals ever be used to ensure
    that students and workers are drawn from every
    racial group?
  • To what extent should the government be able to
    limit the opportunity to have an abortion?

98
Key Concepts to Remember
  1. The Bill of Rights was added to the Constitution
    to protect individual rights from encroachment by
    the federal government.
  2. Since the 1920s, the 14th Amendments Due
    Process clause has been interpreted to include
    most of the protections guaranteed in the Bill of
    Rights and to prevent states from infringing on
    those rights. This is known as the Incorporation
    Doctrine and the process is called selective
    incorporation.

99
Key Concepts to Remember
  • 3. The rights conferred by the Constitution are
    not absolute, and the extent of protection
    afforded by the Constitution has varied over time
    depending on a variety of political conditions,
    including the composition of the Supreme Court.
    It is the S.C. that plays the major role, but
    not the only one, in guaranteeing individual
    rights and liberties. Ultimately, the nature of
    the rights and liberties enjoyed by Americans is
    determined through the political process.

100
Key Concepts to Remember
  • 4. Civil liberties are legal and constitutional
    protections against the government. Civil rights
    are policies that extend basic rights to groups
    historically subject to discrimination.
  • 5. Americans have never fully come to terms with
    the concept of equality and the Equal Protection
    clause of the 14th Amendment. With the
    abandonment of the separate but equal doctrine
    in 1954 and the rise of the civil rights and
    womens movements, the federal government has
    leaned toward policies aimed at tearing down the
    barriers represented by racial and other forms of
    discrimination. These policies, however, continue
    to stir major controversies within society as
    illustrated by the ongoing debate over
    affirmative action programs.
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