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Civil Liberties

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Title: Civil Liberties


1
Civil Liberties Civil Rights
2
What are Civil Liberties?
  • Personal rights of the citizens!
  • Defined by the Bill of Rights
  • Interpreted by the police, legislators and courts
  • Not clear cut
  • Open to interpretation

3
Protection of Civil Liberties(Protect from
abuses of federal government)
  • Institutional
  • Courts decisions on constitutionality of laws in
    violation of fundamental freedoms
  • Political
  • Arousal of public support for principles of
    liberty by political and social leaders

4
Why were the Bill of Rights added to the
Constitution?
  • Anti-federalists arguments
  • Tyranny of England
  • Promise to the people during ratification debate
  • Keep the government from denying freedom
  • Bill of Rights already in State constitutions

5
Arguments against the Bill of Rights
  • Federalists
  • Potential for denial of rights not specifically
    listed
  • Protection from this in the 9th Amendment
  • The enumeration in the constitution, of certain
    rights, shall not be construed to deny or
    disparage other retained by the people.

6
Should protections in the Bill of Rights be
extended to the States? (aka Selective
incorporation)
  • Yes, according to Madison at the constitutional
    convention
  • No State shall violate the equal rights of
    conscience,or the freedom of the press, or the
    trial by jury in criminal cases.
  • Excluded from the Constitution and the Bill of
    Rights
  • Didnt make the cut!

7
  • Meaning of Article IV, Section 2
  • The citizens of each state shall be entitled to
    all privileges and immunities of citizens in the
    several states.
  • Granting of an extension of rights to all
    citizens by the federal government
  • Entitlement of persons entering a state to same
    protections as a citizen of that state
  • No restrictions on a state as long as equal
    enforcement within the state

8
  • Barron v. Baltimore, 1833
  • Basis of limitations on state actions toward
    citizens in state constitution
  • Impact
  • Inability to enforce the Bill of rights on
    the state and local level

9
Limitations on State Actions towards Citizens
  • Very specific denial of power to states!
  • Article I section 10
  • No Bills of attainder
  • Punishment of individuals without trial in a
    court of law
  • No ex post facto laws
  • Punishment of individuals for an action not
    defined as a crime when it was committed
  • No laws impairing the obligations of contracts
  • Passage of laws relieving people of their debt or
    contract obligations

10
14th Amendment (Reconstruction Amendment)
  • Restatement of privileges and immunities clause
  • No state shall make or enforce any law which
    shall abridge the privileges or immunities of
    citizens of the US..
  • Slaughterhouse cases, 1873
  • Failure to protect civil liberties of former
    slaves from state interference
  • Inclusion of due process and equal protection
    clauses
  • 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.
  • Chicago, Burlington Quincy Railroad Co. v.
    Chicago, 1897
  • Compensation to business for taking of property
  • Support of laissez faire economic protections
    came first!

11
  • Extension of interpretation to civil
    liberties
  • Gitlow v. NY
  • We may and do assume that freedom of speech and
    press are among the fundamental personal rights
    and liberties protected by the due process
    clause
  • Two issues with doctrine of selective
    incorporation of freedoms of speech and press
  • Definition of meaning of civil liberties in the
    Bill of Rights
  • Beginning of extension of protection to the state
    level
  • reversed Barron v. Baltimore

12
1st Amendment
  • Stated protections
  • respecting an establishment of religion, or
    prohibiting the free exercise thereof..
  • Establishment clause
  • freedom of speech, or of the press, or the right
    of the people peaceably to assemble, and to
    petition the government for redress of
    grievances
  • Free exercise Clause

13
Freedom of Speech
  • Balancing doctrine
  • Conflict between individual rights and freedom of
    expression and societys interest in law and
    order
  • Very tough to balance

14
Limits on Freedom of Expression in the US
  • Sedition Act 1798 (new Nation, Adams is Pres)
  • Crime to make false, scandalous, or malicious
    statements in either speech or writing against
    the president, Congress, or the government, with
    the intent to create hatred against the
    government of the US
  • Used to prosecute 20 political opponents, got 10
    convictions
  • Prohibition on anti slavery tracts, pamphlets,
    and books in antebellum South
  • Prohibition on proslavery newspapers in the Union
    during the Civil War

15
  • Espionage Act (1917) (WWI)
  • Felony to cause insubordination in the army or
    interfere with enlistment
  • Postmaster General can ban certain periodicals
    (Saturday Evening Post NY Times)
  • Schenck v. US 1919
  • Established clear and present danger doctrine
  • Right of government to restrict speech in order
    to prevent grave and immediate evils
  • Abrams v. US 1919
  • Enunciation of bad tendency test
  • Right of government to restrict speech with
    appearance of a tendency to advocate an evil
  • 2003 KKK ruling
  • Current interpretation of the law

16
  • Sedition Act (1918) (WWI)
  • Crime to willfully utter, print, write, or
    publish disloyal, profane, scurrilous, or abusive
    language about the form of government of the US
    or the Constitution of the US, or the military or
    naval forces of the US, or the flag of the US, or
    uniform of the Army or Navy of the US,.. Or shall
    willfully utter, print, write, or publish any
    language intended to incite provoke, or encourage
    resistance top the US or to promote the cause of
    its enemies
  • Repealed in the 1920s

17
  • Smith Act 1940 (WWII - Cold War)
  • Crime to advocate violent overthrow of the
    government, or join organization so advocating
  • Prosecution of Communist Party members
  • Protection for McCarthy Hearings
  • Extension to the states
  • Pennsylvania v. Nelson, 1956
  • Struck down state sedition acts
  • Extended Smith Act to states
  • Limits
  • Yates v. US, 1957
  • Requirement of overt action in attempt to
    overthrow the government
  • Brandenberg v. Ohio, 1969
  • Need for proof that expression of ideas is likely
    to lead directly to violence or other crimes
    (government must prove)

18
  • Question of symbolic speech
  • Discrepancy between definition of conduct and of
    speech
  • Illegal to burn draft card (Vietnam War)
  • United States v. OBrien, 1968
  • Legality of defacing the flag with a peace symbol
    or burning the flag (Texas v. Johnson)
  • Flag Burning Act of 1989 outlaws desecration of
    flag
  • US v. Eichman, 1990
  • If there is a bedrock principle underlying
    the 1st Amendment, it is that the Government may
    not prohibit the expression of an idea simply
    because society finds the idea itself offensive
    or disagreeable
  • Time, Place, or manner restrictions
  • Illegal for Air Force officers to wear religious
    symbols

19
Freedom of the Press
  • Purpose
  • Protection of peoples right to know
  • Encouragement of discussion and reporting of
    events
  • Areas of coverage
  • Print
  • Non-print
  • Television
  • Radio
  • Film
  • Airwaves
  • Internet

20
Restrictions on Prior Restraint
  • Censorship of material before publication or
    broadcast
  • Near v. Minnesota, 1931
  • Extension of restrictions to include state
    governments
  • Use of prior restraint only in most extreme
    circumstances
  • Newspapers are protected from prior restraint
  • NY Times Co. v. US 1971 (Pentagon Papers)
  • No sufficient cause for prior restraint on
    publication

21
  • Censorship of obscenity
  • Problem
  • Creation of a standard to determine obscene from
    non-obscene material
  • Miller v. California, 1973
  • Standard
  • Which taken as a whole, appeal to the prurient
    interest in sex, which portray sexual conduct in
    a patently offensive way and which, taken as a
    whole, do not have serious literary, artistic,
    political, or scientific value.
  • Power of decision to state and local authorities
    using community not national standards
  • Jenkins v. Georgia, 1974
  • Use of national standards to determine
    scientific, literary, or artistic value

22
  • Libel and slander
  • Damaging with false information, either written
    or spoken, someones reputation
  • NY Times Co v. Sullivan, 1964
  • Criticism of official conduct is a protected
    right central to the 1st Amendment
  • Differentiation between public and private
    persons
  • Proof of actual malice with public figures
    (easier to do)
  • Proof of actual malice unnecessary with private
    figures

23
Freedom of Assembly
  • Basis of regulation
  • Reasonable Time, place, and manner restrictions
  • Illegal for people to picket establishment in
    private neighborhoods (cant harass abortion
    clinics cannot disrupt public order, need a
    permit)
  • Extension to include freedom of association

24
Freedom of Religion
  • Broad definition of religion
  • Any beliefs or philosophies about how to conduct
    ones life

25
Freedom of Religion 2 protections
  • 1 Free exercise clause No government
    interference with religious practices
  • Cantwell v. Connecticut, 1940
  • Non interference by state governments
  • Torcaso v. Watkins, 1961
  • No requirement in Maryland for people to declare
    belief in God
  • Wisconsin v. Yoder, 1972
  • Amish children do not have to go to public
    schools on religious grounds -homeschooling is
    ok!
  • Limitation with Employment Division v. Smith,
    1990
  • No justification for peyote in particular, crimes
    in general, on the basis of religious faith

26
  • 2 Establishment Clause
  • No establishment of an official, government
    sponsored religion Wall of Separation
  • Everson v. Board of Education, 1947
  • Incorporation of establishment clause under
    protection of 14th Amendment
  • No establishment of an official religion in any
    state
  • No use of tax money to support parochial schools
    or teach religion in public schools
  • McCollum v. Board of Education, 1948
  • Violation of church and state if holding
    religious classes in public schools
  • Lemon v. Kurtzman, 1971
  • Three pronged Lemon test for any state support of
    religious schools (States can support if.)
  • No religious purpose to activity
  • Neither prohibit nor inhibit religion
  • No excessive government entanglement

27
  • Reynolds v. US, 1878
  • Distinction between belief and action
  • Protection of beliefs
  • Government regulation of actions
  • Religion in Public Schools
  • West Virginia State Board of Education v.
    Barnette, 1943
  • No requirement to salute flag on religious
    grounds for Jehovah Witnesses
  • Engel v. Vitale, 1962
  • No required prayer in NY schools
  • Wallace v. Jaffree, 1985
  • Denial of permission for a moment of silence in
    Alabama schools
  • Edwards v. Aguilard, 1987
  • No requirement to teach the biblical theory of
    creation in Louisiana schools just because
    teaching evolution
  • Lee v. Weisman, 1992 no religious ceremonies at
    graduation

28
Criminal Procedures
  • 4th Amendment
  • Banning of unreasonable search and seizures
  • Expanded to Right to Privacy
  • Granting of a search warrant
  • Permissibility of search for specific items with
    signed paper by a judge
  • Need for probable cause need a reason
  • Justification by police on why suspicious
  • Maintenance of private individuals reasonable
    expectation of privacy
  • Katz v. US 1967
  • Requirement of search warrant for
    telephone taps or electronic surveillance

29
  • Exceptions to warrants
  • Approved entrance doctrine
  • Washington v. Chrisman 1982
  • Allowance of all evidence in a trial with an
    approved
  • entrance
  • Plain view doctrine
  • US v. Ross, 1982
  • Ability to search cars stopped for traffic
    violations
  • Ability to use discovered evidence
  • California v. Ciraolo, 1986
  • Permission to look through holes in fences
    or from above the ground
  • Prohibition on climbing the fence to look
  • California v. Greenwood, 1988
  • Approval for search of garbage out for
    collection

30
  • Exclusionary rule for evidence
  • Prohibitions on the prosecutions use of
    illegally obtained evidence
  • Halting of fishing expeditions by police
  • Acceptance in federal courts
  • Weeks v. US, 1914
  • Acceptance in the states
  • Mapp v. Ohio, 1961
  • Weakening of the rule
  • US v. Leon, 1984
  • Good faith, no intent to violate rights (pro
    police)
  • Nix v. Williams 1984
  • Acceptance of doctrine of inevitable discovery
    would have found the evidence anyway
  • Murray v. US 1988
  • Granting of ex post facto search warrant based on
    independent evidence after the initial search

31
5th Amendment
  • Guarantee of due process to all suspects
  • Escobedo v Illinois, 1964 (Warren Court)
  • Reasons for inadmissibility of confession
  • Denial of access to lawyer
  • Denial of right against self incrimination
  • Miranda v. Arizona, 1966 (Warren Court)
  • Requirement of specific statements (warnings) to
    suspects before questioning
  • Right to remain silent use any statement as
    evidence right to an attorney, whether retained
    or appointed
  • NY v. Quarles, 1984
  • Public safety exception
  • Permissible to question without warning if
    imminent threat

32
6th Amendment
  • Guarantee of right to have a lawyer in criminal
    cases initially in federal courts only
  • Powell v. Alabama, 1932
  • Appeal to Supreme Court upon conviction of
    Scottsboro Nine in state court
  • Right to be represented by a lawyer
  • Duty of states to provide a lawyer if defendants
    unable in death penalty cases
  • Gideon v. Wainright, 1963
  • Demand for states to provide lawyers in all cases
    if possibility of a jail sentence
  • Acquittal of Gideon after new trial with a lawyer
  • Penson v. Ohio, 1988
  • Demand for states to provide lawyers for poor
    people in appeal cases

33
  • Guarantee of right to fair trail
  • In Re Oliver, 1948
  • Extension to the states
  • Sheppard v. Maxwell, 1966
  • Obligation of judge to insure publicity during
    the proceedings not injurious to the accused A
    Fair trial!
  • Potential methods to protect the accused a
    judges job!
  • Change of venue
  • Sequestering of the jury
  • Gag order
  • Arizona v. Youngblood, 1988
  • Loss of evidence by police
  • Proof of bad faith on part of police necessary
    basis for overturning a conviction

34
7th Amendment
  • Guarantee
  • Right to a trail by jury in civil cases with
    potential value in excess of 20

35
8th Amendment
  • Guarantees
  • No excessive bail
  • No imposition of excessive fines
  • No cruel or unusual punishment
  • Extension to the states under 14th Amendment
  • Robinson v. California, 1962

36
  • Death Penalty
  • Furman v. Georgia, 1972
  • Discriminatory infliction of the death penalty
    cruel and unusual
  • Cant be random
  • Gregg v. Georgia, 1976
  • Constitutionally of the death penalty with
    administration under appropriate guidelines
  • Woodson v. North Carolina, 1976
  • Necessary two stage process for the death penalty
  • Trial
  • Separate hearing for sentencing
  • McClesky v. Kemp, 1987
  • Problem of racial disparity in death penalty
    cases
  • No proof of flawed system in statistical
    evidence, 14th Amendment is not violated
  • Thompson v. Oklahoma, 1988
  • Unconstitutionally of the death penalty for
    juveniles under age of 16
  • Ok death penalty for 16-17, mentally
    retarded, can use victim impact statements!

37
Extensions of the Bill of Rights
  • Sexual Issues -
  • Privacy Rights right to private, personal life,
    free of government intrusion
  • Use of contraceptives
  • Griswold v. Connecticut, 1965
  • Married peoples right to privacy
  • Eisenstadt v. Baird, 1972
  • Single peoples right to privacy
  • Right to an abortion
  • Roe v. Wade, 1973
  • No reasonable grounds to interfere with privacy
    of reproduction
  • Decision on abortion during 1st two trimesters by
    the pregnant woman
  • Webster v. Reproductive Health Services, 1989
  • Allowance for government restrictions on abortion
    services with acceptance of government funding

38
  • Rust v. Sullivan, 1991
  • Establishment of a gag order on counselors and
    nurses in federally funded clinics
  • Requirement for health care providers to discuss
    abortion as an unsound method of family planning
    with all patients
  • Planned Parent hood of Southeastern Pennsylvania
    v. Casey, 1992
  • Requirement of a 24 hour delay in abortion cases
  • Requirement of consent of 1 parent or judge for a
    minor to have an abortion

39
  • Rights of homosexuals
  • Bowers v. Hardwick, 1986
  • Denial of constitutional right to be a homosexual
  • Right to Die
  • Cruzan v. Harmon, 1990
  • Limited privacy rights for patients
  • May refuse medical treatment
  • Parents may decide to remove feeding tube
  • Dr. Kervorkian (1999) physician assisted suicide
    is not ok
  • Convicted of 2nd degree murder Supreme Court
    upheld conviction

40
Major instances of Repression of Rights in the US
  • Occurrences during times of fear and intolerance
  • Alien and Sedition acts of 1798
  • Denial of habeas Corpus during Civil War
  • A. Mitchell Palmer raids to locate radicals post
    WWI
  • Internment of Japanese during WWII
  • Joseph McCarthy hearings to expose communists
    during the Cold War
  • War on Terror Patriot Act

41
Civil Rights as Basic Guarantees of the Government
  • Right to life, liberty, and property
  • Freedom from random imprisonment
  • Freedom from slavery
  • Freedom to travel
  • Right to vote
  • Freedom to influence government decisions
  • Right to file a lawsuit
  • Freedom to marry
  • Freedom from discrimination in employment,
    education, housing, public accommodation, and
    transportation
  • Right to same rights, privileges, and immunities
    as every other citizen

42
Definitions of Equality
  • Legal equality
  • Equal treatment under the laws
  • Equality of Opportunity
  • Creation of a level playing filed
  • Equality of Outcome
  • Potential government assistance to previously
    disadvantaged groups (affirmative action)
  • Process of implementation
  • Provisions to increase opportunities for success
    for members of groups with a history of
    discrimination
  • Example
  • Executive Order 11246 (1965)
  • Requirement of all government contractors to
    increase the number of black employees

43
  • Potential problem of reverse discrimination
  • Regents of the University of California v. Bakke,
    1978
  • 5-4 decision with 6 written opinions
  • Order to the University to admit Bakke
  • Striking down of minority quota system for
    admission
  • No justification for additional
    discrimination
  • based on evidence of societal
    discrimination
  • Potential consideration of race among many other
    factors in admission policy
  • Without a history of discrimination then no
    strict quota system

44
  • United States v. Paradise, 1987
  • Upholding of the practice of promoting a Black
    for each White promoted in Alabama state police
  • Johnson v. Transportation Agency of Santa Clara,
    1987
  • Support for hiring women over men in instances of
    roughly equal qualifications
  • Gradual correction of sexual imbalance in
    workforce

45
Civil Rights for Blacks
  • Reconstruction period
  • 13th Amendment 1865
  • Abolition of slavery
  • Response of southern whites
  • Passage of back codes
  • Relegation of Blacks to second-class citizenship
    with slavery by a different name
  • Civil Rights Act 1866
  • All citizens same right.. To full and equal
    benefit of all laws and proceedings for the
    security of person and property as is enjoyed by
    White citizens.
  • Response of Southern Whites and President Andrew
    Johnson
  • Belief in unconstitutionality of Act

46
14th Amendment
  • Definition of citizenship to include freedmen
  • Restatement of equal protection clause
  • No denying to any person the equal protection of
    the law
  • Reference only to discrimination by state
    governments
  • Inclusion of due process of law clause

47
  • 15th Amendment
  • Right to suffrage to all males
  • Civil rights Act 1875
  • No discrimination in public accommodations or
    transportation

48
  • Election of 1876 a turning point
  • Defeat of Samuel Tilden by Rutherford Hayes
  • Challenge to electoral results
  • Commission decision for Hayes
  • Promises by Hayes and Republicans to White
    Southern Democrats
  • Shift in Supreme Court decisions
  • US v. Cruikshank, 1876
  • Invalidation of conviction of hoodlums for
    breaking up a political meeting of blacks
  • US v. Reese 1876
  • Unconstitutionality of Enforcement Act of 1870
    providing for federal supervision of election
    process
  • Regulation of suffrage by the states

49
  • US v. Harris 1883
  • Invalidation of segments of the KKK Act
  • Civil Rights Cases, 1883
  • Application of the 14th Amendment to state action
    only
  • Prohibition on Congress to forbid discrimination
    by private individuals

50
Era of Jim Crow de jure (by law) segregation
  • Requirement of segregation of public facilities
  • Plessy v. Ferguson, 1896
  • Background
  • Arrest of Homer Plessy, 7/8th White, for sitting
    in a trial car designated for Whites
  • Decision
  • Nothing unconstitutional about a state requiring
    racial separation in public facilities
  • Fulfillment of 14th Amendment requirements with
    separate but equal doctrine

51
  • Restrictions on voting
  • Supreme Court position of the 1880s
  • No duty to protect Black voters from white mobs
  • New restrictions in state constitutions to deny
    Blacks the right to vote (Disenfranchisement)
  • Literacy tests
  • Special Poll taxes
  • Grandfather clauses
  • Exemption from literacy test and poll taxes if
    ancestor able to vote in 1866
  • Unconstitutional in Guinn v. US, 1915
  • Selection of Democratic Party nominees in
    primaries for White voters only
  • Unconstituitonal in Smith v. Allwright, 1944

52
  • Impact on voting by Blacks
  • Example of Louisiana
  • 130,344 registered Black voters (1896)
  • 5,000 registered Black voters after revision of
    state constitution (1900)
  • 1,772 registered Black voters (1916)
  • Property ownership
  • Practice of de jure segregation in the south
  • Practice of de facto segregation in the North
  • Restrictive covenants closing areas to certain
    groups

53
Changes leading to civil Rights movement 1920-1955
  • Economic
  • Decline of the cotton economy
  • Migration of Blacks to urban areas in North and
    West
  • Evolution of racial issue from regional to
    national stage
  • Political
  • Formation of national organizations
  • NAACP 19009
  • National Urban League 1910
  • Congress of Racial Equality 1942
  • Shift of Blacks from Republican party to
    Democratic Party 1936 election

54
  • Government intervention to to assist Blacks
  • FDR
  • Executive Order 8802 (1941)
  • Required all business with federal contracts to
    hire whites and blacks on equal basis
  • Truman
  • Report of Committee on Civil Rights (1947)
  • Calling for government action to enforce civil
    rights
  • Prohibition discrimination in government
  • Demand for protection of civil rights of all
    citizens
  • Executive Order 9802 (1946)
  • Fair Employment practices board in Civil Service
    Commission
  • Executive Order 9981 (1948)
  • Desegregation of Armed forces
  • Proposal of Civil Rights Legislation
  • Defeated with opposition by Southern Senators

55
  • Judicial
  • Missouri ex rel Gaines v. Canada, 1938 Board of
    regents of the Univ. of Oklahoma, 1948
  • Admission of Blacks to White institutions when no
    similar Black institutions
  • Brown v. Board of Education, 1954
  • In the field of education the doctrine of
    separate but equal has no place. Separate
    educational facilities are inherently unequal.
  • Brown v. Board of Education, 1955 (Brown II)
  • Concession to Southern whites
  • Consideration of local conditions prompt and
    reasonable start toward full compliance all
    deliberate speed
  • Problem with no set time table

56
March for first class citizenship
  • Role of the protest movement in implementing
    court decisions and constitutional rights
  • Montgomery Bus Boycott (1955)
  • Arrest of Rosa parks in no-mans land between
    White and Black sections of the bus
  • Decision to use civil disobedience tactics
  • Deliberate, nonviolent violation of the law
    (passive resistance)
  • Return to pre-revolutionary War idea of boycott
  • Blacks to boycott Montgomery buses
  • Selection of Martin Luther King, Jr. as leader

57
  • Impacts
  • Demonstration of solidarity of Black community
  • Demonstration of Black economic power
  • Coverage of situation by national and world press
  • Awakening of consciences of many Americans
  • Sympathy from other oppressed peoples
  • Formation of the Southern Christian Leadership
    Conference

58
Impacts cont
  • Sit-ins (1960)
  • Origins in Greensboro, NC Woolworth lunch
    counter
  • Refusal to leave until served
  • Transfer of tactic to other cities and venues
  • Freedom Rides (1961)
  • Challenging of segregation of public
    transportation systems and public accommodations
    by Blacks and whites throughout the south
  • Impacts of Sit-ins and Freedom Rides
  • Success of civil disobedience
  • Importance of students and Student Non-violent
    Coordinating Committee (SNCC)
  • Demonstrataion of the power of Black customers to
    force White businesses to desegregate

59
Impacts cont
  • Birmingham, AL (1963)
  • Mass demonstrations for fair employment practices
  • Police brutality toward demonstrators with the
    use of dogs and fire hoses
  • Impact
  • Placement of the cause of Civil Rights on a
    higher moral ground
  • National outcry for action
  • Commitment of President Kennedy and many citizens
    to work for civil rights
  • Assassination of Medgar Evers (1963)
  • Impact
  • Increasing presence and pressure of
    demonstrations

60
Impacts cont
  • March on Washington (Aug. 1963)
  • Earlier threat of march on Washington by A.
    Philip Randolph in 1941
  • Demonstration to demand government action for
    acquisition of first class citizenship
  • Impact
  • Awareness of the need for government action now
  • Sympathy from many Americans with I have a
    Dream speech by MLK
  • Passage of Civil Rights Act of 1964 following
    President Kennedys assassination

61
  • Selma Montgomery March(1965)
  • Attempt to draw attention to restrictions on
    voting rights of Blacks
  • Order by Governor George Wallace to break up
    march
  • Pictures of tear gas, clubbing, and whipping of
    demonstrators on national news broadcasts
  • Impacts
  • Nation wide call for action
  • Congressional passage of the Voting Rights Act
    1965

62
  • Urban Riots (1965)
  • Frustration over slow progress
  • Lack of change in northern ghettos
  • Impacts
  • Development explication of the agenda of Black
    Power
  • Founding of additional Black power groups
  • Black Panthers
  • Publication of Kerner Commission Report (1967)
  • Racism and despair central causes for riots

63
  • Assassination of Martin Luther King, Jr 1968
  • Large number of urban riots
  • Role of Congress
  • Civil Rights Act 1957
  • Injunctions against interference with voter
    registration and voting
  • Civil Rights Act 1960
  • Appointment of referees to assist in registration
    and voting
  • Civil Rights Act 1964
  • Outlawing discrimination based on race, color,
    religion, or national origin
  • Application to firms with more than 25 employees
  • Applications to public accommodations
  • Application to any program or activity receiving
    federal funding
  • Later addition of sex as a basis for
    nondiscrimination

64
  • 24th Amendment
  • Abolition of Poll Tax
  • Voting Rights Act
  • Suspension of literacy and other voter tests
  • Appointment of federal voting registrars with
    previous history of discrimination
  • Requirement to submit all voting laws for
    approval
  • Impact
  • Millions of new black voters
  • Creation of new political force (especially for
    the Democrats)

65
Civil Rights Act 1968
  • Outlawing of discrimination in sale or rental of
    housing
  • Extension of federal criminal laws to deal with
    violations of any persons civil rights
  • Impact
  • Lack of significant enforcement mechanisms
  • Voting Rights Act 1982
  • City of Mobile, AL v. Bolden 1980
  • Proof of intent to discriminate in the design of
    the voting system
  • Impact
  • Extension of Voting Rights Act of 1965 provisions
  • Outlawing of electoral systems with
    discriminatory effects
  • Creation of Black majority districts

66
Civil Rights Act 1991
  • Extension of rights of victims of discrimination
    to seek monetary damages
  • Background
  • Runyon v. McCrary, 1976
  • Extension of 1886 Civil Rights Acts ban on
    discrimination based on contracts to private
    schools because of their refusal to admit blacks
  • Impact
  • Extension of an individuals right to sue for
    monetary damages to victims of discrimination
    based on contracts
  • Patterson v. McLean Credit Union, 1989
  • Limitation on Runyon
  • Upholding of 1866 laws ban on discrimination in
    hiring\ without specifically forbidding
    on-the-job-racial harassment
  • Griggs v Duke Power Company, 1971
  • Violation of 1964 Civil Rights Act with use of
    non job related employment tests to screen out
    blacks

67
  • Wards Cove Packing v. Antonio, 1989
  • Reversal of Griggs
  • Burden of proof on applicant
  • Martin v. Wilks, 1989
  • Reexamination of affirmative action orders with
    White workers filing lawsuits for reverse
    discrimination
  • Impacts
  • Allowance of monetary damage suits for racial job
    discrimination and or harassment
  • Extension of right to sue to victims of
    intentional discrimination or harassment based on
    sex, religion, national origin or disability
  • Clarification of Civil rights Act of 1964
  • Need for employment tests to be
    justified as job related
  • Invalidation of challenges to Court Orders issued
    under federal law with prior knowledge of the
    decree or represented interets at the time of
    decree

68
Role of the Supreme Courts education rulings in
the post Brown Era
  • Griffin v. Prince Edward County School Board,
    1964
  • Closing of countys public schools
  • Admission of Whites only to private schools
  • Government order to reopen the public schools
  • Alexander v. Holmes County Board of Education,
    1969
  • 1 of blacks in integrated schools in 11 states
    of old confederacy
  • Termination of dual schools systems in every
    school district immediately
  • Swann v. Charolette Mecklenburg School board,
    1971
  • Permission to use cross town busing to integrate
    schools
  • Keyes v. School District No. 1, Denver, 1973
  • Designing of school system to guarantee de fact
    segregation
  • Violation of 14th Amendment equal protection
    clause by designs hidden intention (De jure
    segrgation)

69
  • Role of Supreme Courts other rulings in the post
    Brown era
  • Loving v. Virginia, 1967
  • Striking down of ban interracial marriage
  • Use of racial classification is constitutionally
    suspect
  • Presley v. Etowah County Commissioners, 1992
  • Historically election of all White Board of
    County Commissioners
  • Allocation of street repair budget prerogative of
    individual Commissioner
  • Election of 2 black commissioners
  • Change to majority vote of Commissioners for
    distribution of street repair monies
  • Decision
  • No violation of 1982 extension of Voting Rights
    Act of 1965 with change of distributing street
    repair monies

70
Civil Rights for Native Americans
  • Past abuses
  • Removal from tribal lands
  • Bribery and deception
  • Murder and warfare
  • Broken promises
  • Mismanagement of the Bureau of Indian Affairs
    (BIA)

71
Major government actions
  • Indian Removal Act (1830)
  • Authorization of exchange of land west of
    Mississippi River for Indian land East of river
  • Establishment of the Bureau of Indian Affairs
    1871
  • Indian Appropriations Act 1871
  • Management of all tribal affairs by US government
  • Dawes General Allotment (Severalty) Act 1887
  • Divisions of tribal lands into individual tracts
    unable to be sold for 25 years
  • Funding of education and training with residence
    separate from the tribe and the adoption of
    civilized ways

72
  • Dead Indian Allotment Act 1902
  • Allowance for faster sale of inherited Indian
    lands
  • Snyder Act 1924
  • Citizenship for all Native Americans born in the
    US
  • Indian Reorganization Act 1934
  • End to all land allotments
  • Provision for return of surplus lands to tribal
    ownership
  • Encouragement of tribal self-government
  • Congressional Termination Resolution 1953
  • Discontinuation of federal controls, restrictions
    and benefits for Native Americans under federal
    jurisdiction

73
  • American Self Determination and Education Act
    1974
  • Guaranteeing Native Americans participation in
    BIA activities and policy decisions and control
    of federal programs on reservations
  • Maine Indian Claims Settlement Act 1980
  • Payment of 84 million and return of 300,000
    acres of land

74
  • Major Native American actions
  • Formation of American Indian Movement (AIM)
  • Takeover of original Native American lands
  • Alcatraz (1969) Wounded Knee (1973)
  • Take over of the BIA office 1972
  • Results
  • Surge of Native American nationalism
  • Increase in tribal recognition
  • Increase in population in census figures
  • 2 million 1990 census
  • Increase in participation in tribal customs and
    rituals

75
Civil Rights for Hispanics
  • National origins of Hispanic population
  • Mexico 60
  • Puerto Rico 10
  • Central and South America 10
  • Cuba 5
  • Economic situation High unemployment
  • Low paying jobs

76
Response of the Hispanic Community
  • Civil Disobedience
  • Formation of the United Farm Workers of America
    1962
  • Leader Cesar Chavez
  • Actions
  • 5 year strike of CA migrant workers 1965
  • Request for a boycott of nonunion products
  • Successes
  • Improvement in working conditions
  • Higher wages
  • Failures
  • Loss of jobs and houses by 95 of involved
    workers
  • Election of over 4,000 Hispanics to public
    offices
  • Extension of Voting Rights act 1982
  • Movement toward district election system and away
    from at large
  • More than 10 of voting age population
  • CA, TX, NY, FL, AZ, NM, CO

77
  • Government Actions
  • Bilingual Education Act 1968
  • Requirement of instruction in the Native language
    in public schools
  • Simpson Mazzoli Act 1986
  • Granting of legal status to aliens arriving in
    the US prior to 1982
  • Severe punishments for employers hiring illegal
    aliens

78
Civil Rights for Disabled Americans
  • Government Action
  • Americans with Disabilities Act (ADA) 1990
  • Definition of disabled
  • Anyone with a physical or mental impairment that
    substantially limits one or more of the major
    life activities
  • Banning of discrimination in employment, public
    accommodations, transportation and
    telecommunications
  • Requirement of accessibility for the handicapped
  • Ramps and restrooms regardless of need
  • Use of interstate commerce clause as basis of
    action

79
Civil Rights for Homosexuals
  • Supreme Court actions
  • Bowers v. Hardwick, 1986
  • No protection for homosexual relations between
    consenting adults, even, in the privacy of their
    own home
  • Government Actions
  • Civil Service Reform Act (1978)
  • No discrimination against homosexuals in hiring
  • Exceptions for FBI, CIA, other sensitive
    agencies
  • Ban on Homosexuals in the Military
  • Non acceptance of Clintons proposal to ban
    discrimination because of sexual preference
  • Creation of Dont ask, dont tell

80
Civil Rights for Women
  • Background
  • Historic problems
  • Inability to own property in own name
  • Unfavorable laws
  • Inability to speak in public meetings
  • Inequities of educational system
  • Discrimination in the work place
  • Unequal compensation for equal work
  • Denial of right of vote

81
Womens Actions
  • Meeting at Seneca Falls
  • New property laws
  • New marriage laws
  • More opportunities to speak in public
  • Demand for the right to vote
  • Formation of National Woman Suffrage Association

82
  • Civil Disobedience to gain right to vote
  • Protests and demonstrations
  • Willingness to go to jail
  • Formation of Congressional Union Party by more
    militant women
  • Hunger strikes
  • Picketing of the White House
  • Disruption of public services
  • Results
  • Suffrage for some women in the West
  • Universal suffrage for women in national
    elections with 19th Amendment

83
  • Formation of new organizations for womens rights
  • League of Women voters
  • Distribution of information on candidates and
    party positions
  • Request for protective legislation
  • Muller v Oregon 1908
  • Restriction of hours and working conditions due
    to interference with biological role for women
  • Opposition to discriminatory policies
  • Initial opposition to proposed Equal Rights
    Amendment
  • Fear loss of protective legislation

84
  • National Organization of Women (NOW) 1966
  • Support proposed ERA
  • Passage by Congress
  • Failure of ratification by states
  • Assistabnce from Phyllis Schlaflys STOPERA, a
    southern and Midwestern organization
  • Support for equal pay for equal work
  • Support for equal education and job opportunities

85
  • Search for an end to discrimination in the
    workplace
  • Court Actions
  • Bradwell v. State of Illinois, 1873
  • Denial of law license to Myra Bradwell on basis
    of sex
  • Non application of 14th Amendment to women
  • Equal protection and privileges and immunities
    clauses do not apply to women

86
  • Reed v. Reed 1971
  • Overturning of Idaho Law requiring hiring of
    males over females with equal applications
  • Frontiero v. Richardson, 1973
  • Beginning of end to sex-based classifications
  • Lawsuits
  • Bell Telephone
  • 38 million in back pay to women
  • State farm Insurance
  • 157 million in back pay to women

87
  • Political actions
  • Civil Rights Act 1964
  • Addition of prohibition on sex discrimination
  • Refusal of Equal Opportunity Commission (EEOC) to
    enforce
  • Executive Order 11478 (1969)
  • Prohibition on sex discrimination in federal
    agencies and among federal contractors

88
  • Title IX of Higher Education Act 1972
  • Barring sexual discrimination by schools and
    college receiving federal funds
  • Grove City v. Bell 1984
  • Application to only specific departments not
    institutions as a whole
  • 1988 extension of antidiscrimination laws to
    entire institutions
  • Civil Rights Act 1991
  • Inclusion of right to sue for monetary damages
    for sexual harrassment

89
  • Support for end to sexual harassment
  • 20 to 40 of women workers reporting harassment
  • Court action
  • Meritor Savings Bank v. Vinson, 1986
  • Definition of sexual harassment as a form of
    employment discrimination
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