CIVIL RIGHTS & LIBERTIES

AP US Government & PoliticsUnit 6

CIVIL LIBERTIES

CIVIL LIBERTIES

Limit government power

Protect personal freedoms

“natural rights”

Include: Freedom of Religion Freedom of Expression Freedom of the Press Right to Assemble Right to Petition the Government Right to Bear Arms Right to Privacy Rights of the Accused

DEFINED BY THE BILL OF RIGHTS1. Religion, speech, press, assembly, petition

2. Bear arms

3. Quarter soldiers

4. Search & seizure

5. Grand jury, self-incrimination, double jeopardy, due process, eminent domain

6. Fair criminal trials

7. Civil trials by jury

8. High bail, cruel & unusual punishment

9. Rights retained by the people

10.Reserved powers of states

*not yet incorporated to the states

& 14TH AMENDMENT

States could not deny: Citizenship rights Due process rights Equal protection

And other provisions

Inherent right to privacy [Roe vs. Wade]

Incorporation Theory – due process clause prohibits states from abridging select civil liberties Gitlow v. New York, 1925: guarantees freedom of speech

FREEDOM OF RELIGION Establishment Clause Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof

[1st amendment] Separation of Church & State Federal Gov’t cannot create an official Church

Prayer in Schools No school-led prayer [1962, Engel v. Vitale] Moment of Silence okay Student-led prayer okay

Other establishment issues School vouchers – okay Pledge of allegiance – okay Ten commandments – NO Evolution – okay Religious speech on campus- okay

Cannot deny funds to religious groups

Free Exercise Clause – no restriction on religious beliefs or practices, unless: Practices counter with policy or public welfare Drugs, weapons, child safety, etc.

FREEDOM OF EXPRESSION Congress shall make no law abridging the freedom of speech or of the press

Censorship Restricts speech in advance Forbidden by Supreme Court

1971 New York Times vs. United States Aka Pentagon Papers

Arts – Censorship Boards & Ratings

Protected Speech Symbolic – nonverbal expression of beliefs [arm bands, burning flags or crosses[ Commercial – advertising statements; limited gov’t regulation allowed

Unprotected speech Slander – public, false statements Fighting words - will provoke the average listener to violence Heckler’s Veto – disruptive behavior that stops free speech

Restrictions on Speech Clear & Present Danger Test – speech must present danger to public peace & order Bad Tendency Rule – limits speech that will result in ‘evil’

FREEDOM OF THE PRESS

Restrictions Libel – defamation in writing

Public figures have burden of proof Actual malice – author’s knowledge of falsity or reckless disregard of truth

Gag order – bans media reporting Protects accused’s right to fair trial Used infrequently

Access to the Media FCC regulates airwaves Equal time rule – airtime must be equally available to political candidates Personal attack rule – people must have fullest opportunity to respond to personal attacks on TV or

radio

RIGHT TO ASSEMBLE & PETITION Congress shall make no law respecting the right of the people to peaceably assembly and to petition the government for a redress of grievances

Used to express ideas about public issues to the government and to others

Restrictions Permits required

Traffic issues Crowd control Cannot be used to limit speech

Other restrictions Gangs & loitering Private property [abortion clinics, etc.]

RIGHT TO BEAR ARMS

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed [2nd amendment]

Installed due to circumstance – no standing army in 1789; militias provided protection

RIGHTS OF THE ACCUSED Enumerated in the 4th, 5th, 6th, and 8th amendments

Rights must be weighed against the public good

Limits on police & prosecutors Reasonable search & seizure [IV] Probable cause for all arrests [IV] No coerced confessions [V] No entrapment Suspects are ‘read their rights’ [Miranda v. Arizona]

Pretrial Rights Writ of habeas corpus – article I, section 9 = jailers

must justify the detainment [press charges] Prompt arraignment [VI] [charged with a crime] Legal counsel [VI] [lawyer] Reasonable bail [VIII] Notification of charges [VI] Defendant can remain silent [V]

Trial Rights Speedy & public trial by jury [VI] Impartial jury of peers [VI] Fair trial atmosphere – no prejudice, fear, or outside influence No forced self-incrimination [V] Adequate counsel [VI] No cruel & unusual punishment [VIII] Right to appeal if convicted No double jeopardy [V]

Expanded by Supreme Court Gideon v. Wainwright, 1963 = public defender for all felony

cases Miranda v. Arizona, 1966 = police read your rights Mappv. Ohio, 1961 = created exclusionary rule – no illegally

seized evidence can be used at trial

Clarified by Supreme Court United States v. Leon, 1984 – Good Faith Exception – evidence

seized on the basis of a mistakenly issued search warrant CAN be admitted at trial, so as long as the parties involved believed the warrant was legitimate, evidence is used

Currently Under Debate Death Penalty Gregg v. Georgia, 1976 – Supreme Court okayed bifurcated

plan 1 jury determines guilt, 1 sentences

PROBABLE CAUSE CONTINUUM

No Information – officer doesn’t know about location of evidence linked to crime

Hunch – gut feeling without facts

Suspicion – officer knows a minor fact or has some larger fact from an unreliable or unknown source

Reasonable grounds – officer knows several minor facts or a larger fact

Probable cause – reasonable belief, known personally or through reliable sources, that a person has committed a crime Enough evidence to lead a reasonable person to believe that items searched for are connected with criminal activity and will be found in the place to be searched

Preponderance of the Evidence – amount of evidence needed to be successful when suing in civil cases

Beyond Reasonable Doubt – highest amount of proof & required to convict a person of criminal charge

No Informati

onHunch Suspicion

Reason. Grounds

Probable Cause

Prepond. Evidence

Beyond Reasonable Doubt

RIGHT TO PRIVACY

Created by the Supreme Court Griswold v. Connecticut, 1965

Privacy rights Zones of privacy in amendments 1, 3, 4, 5, and 9 Judicial activism

Roe v. Wade, 1973 Abortion falls under women's right to privacy

More controversial Abortion rights Right to Die [assisted suicide] National Security

PATRIOT Act & indefinite detainment “Terrorism Monitoring Program”

NOTABLE EXCEPTIONS Freedom of Speech Sedition Act, 1798

No publication of false, scandalous, or malicious info about the government or its officers

Enforced by Pres. John Adams Meant to stop criticism of ‘impending’ war with

France

Espionage & Sedition Acts, 1917 No false statements about military, no mail for

subversive activities, no statements resisting war effort

Passed by Pres. Woodrow Wilson Meant to end anti-war protest during WWI

Freedom of Assembly = Anti-Communism throughout 1900s Internal Security Act of 1950 – CP members must register with

government Communist Control Act of 1954 – Cp is a ‘conspiracy’ to overthrow government

McCarthyism & HUAC trials of 1950s – accusations ruined reputations & lives

Rights of the Accused Suspension of Habeas Corpus, 1861

Enacted by Pres. Abraham Lincoln Meant to rein in Confederate sympathizers in

union states Allowed prisoners to be held without trial

Japanese Internment, 1942-45 Issued by Pres. Franklin Delano Roosevelt Imprisoned over 112,000 immigrants and

Americans of Japanese heritage Meant to protect US from spies & Sabotage

during WWII

CIVIL RIGHTS

CIVIL RIGHTS

Rights of citizens to have equal treatment – what the government must do Vs. civil liberties – protection from government intrusion / what government cannot do

Not directly mentioned in Constitution No mention of equality Voting rights for white men only

THE CONSTITUTION – RECONSTRUCTION AMENDMENTS

13th – 1865 – prohibited slavery

14th – 1868 – granted citizenship and guaranteed due process & equal protection under the laws

15th – 1870 – voting rights for all races & colors

DEFINITIONS OF EQUALITY

Equality of Opportunity Same chance to get ahead Glorifies personal achievement In action – low-bid contracting & special recruitment efforts

Equality of Outcome Similar social, economic, & political power for all Americans In action – quota or goal-based policies & wealth redistribution

RACE & PUBLIC POLICY Worcester v. Georgia, 1832

Marshall ruled in favor of tribes: States cannot take Indian lands (delegated to Congress) Deviated from precedent A. Jackson refused to enforce

Dred Scott v. Sanford, 1857 Denied citizenship to blacks Affirmed legality of slavery Forbade Congress from banning slavery in territories

Early Civil Rights Acts – designed to weaken Southern Democrats 1866 – citizenship & legal equality 1870 – penalties for infringing on voting rights 1872 – Anti-KKK Act 1875 – Outlawed segregation in public places

End of Reconstruction 1879 Presidential Election = Rutherford B Hayes

Federal troops withdrawn from the South

Jim Crow Laws Passed Replaced harsh Black Codes

Legal basis for segregation

RACE & PUBLIC POLICY

Plessy v. Ferguson, 1896 Upheld Jim Crow Laws Segregation alone does not violate Constitution Validated separate-but-equal doctrine

Cummings v. County Board of Education, 1899 = expanded to include schools

Voting Barriers Literacy tests Poll taxes Grandfather clause White Primaries Lynching & Violence

ACHIEVING CIVIL RIGHTS

Boycott – refusal to do business with a person/company as means of coercion Montgomery Bus Boycott, 1956

Civil disobedience – willful, nonviolent breach of laws regarded unjust Lunch counter sit-ins, 1960 Freedom Rides, 1961

Civil Rights Act, 1964 No racial discrimination in public places No employment discrimination No government funding for discriminatory institutions Established EEOC Justice Department enforces Civil Rights laws

24th Amendment , 1964 – outlawed poll taxes

Voting Rights Act, 1965 – no discriminatory voter tests & federal agents can register voters and oversee elections

WOMEN & PUBLIC POLICY Political Activism Abolitionists in 1840s 1848 Seneca Falls Convention Temperance & morality movements

19th Amendment, 1920 – granted voting rights to women

Feminism – political, social, and economic equality for women

Equal Rights Amendment [ERA] – introduced 1923, passed Congress 1972, but never ratified “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex”

Ratified, then rescinded = ID, SD, NB, KY, TN Ratified in House – NV, OK, LA, MO, IL, NC, SC, FL Not ratified = UT, AZ, AR, MI, AL, GA, VA

WOMEN & PUBLIC POLICY

Equal Pay Act, 1963 Required equal pay for substantially equal work Make ~77cents for every man’s $1.00

Women & Civil Rights Act of 1964 Title VII – prohibits gender (and racial) discrimination in the workplace

Protests against Miss America pageants, 1968

AFFIRMATIVE ACTION

Definition – compensatory treatment to traditionally disadvantaged groups to overcome present effects of past discrimination

Began by LBJ in 1965

Does “equality” mean equality of opportunity or equality of outcome?

Programs must pass the Strict Scrutiny test: Race & gender-based classifications must – (1) serve compelling government interest and (2) be narrowly tailored to meet that interest

AGE DISCRIMINATION Age Discrimination in Employment Act, 1967 Findings

Older workers are disadvantaged in obtaining & retaining employment Setting of age limits had become common practice Older workers’ unemployment growing compared to younger workers

Prohibition of Age Discrimination Unlawful to refuse to hire someone based on age Limit or classify employees in a way depriving of opportunities based on age Reduce wages based on age Labor organizations cannot discriminate based on age

Originally only protects workers over age 40 – states have laws protecting younger workers

No employer discrimination unless reasonably necessary – hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, etc.

No harassment based on age

No mandatory retirement under age 70

Voters over 65 have largest turnout [twice rate of 18-21]

AARP – Powerful organization Lobby at state & federal levels 65+ group gets disproportionate amount of government $$$

DISABLED AMERICANS

Americans With Disabilities Act, 1990 [ADA] No discrimination in employment, public service, transportation, and telecommunications

All public buildings must be accessible Employers must reasonably accommodate employees Enforced by Department of Labor + 4 agencies:

Equal Employment Opportunity Commission enforces regulations covering employment Dept. of Transportation enforces regulations governing transit Federal Communications Commission enforces regulations concerning telecommunication services Dept. of Justice enforces regulations governing public accommodations & state/local gov’t

Architectural & Transportation Barriers Compliance Board issues guidelines ensuring buildings, facilities, & transit vehicles are accessible & usable by people with disabilities

UNFUNDED MANDATE

CIVIL RIGHTS ISSUES TODAY

Is race still a valid category in policy? How should we define race? Switch to SES measures?

Has affirmative action run its course?

Can women close the wage gap?

Should gay marriage & adoption be legalized or banned nationwide?