Civil Rights And Liberties

Chapters 4 and 5By Spenser Daughdrill, Katie Thompson,

and Emily Brunner

Chapter 4

Relatively brief Consists of the first ten amendments Left up to the courts decide the exact meaning Originally only limited the national government Judicial interpretations shape civil rights and liberties.

Bill of Rights

Barrow v. Baltimore- Bill of Rights doesn’t apply to states Each State had their own Bill of Rights 1868- 14th amendment- civil liberties in the Constitution

applied to the states Gitlow v. New York- freedom of speech applied to states Incorporation Theory- most protection of the bill of rights

applies mostly to the states

Bill of Rights (con’t.)

1. Separation of Church and State2. Free exerciseEstablishment Clause

1. Jefferson2. Colonies Founded on search for religious freedoms

3. Lemon v. Kurtzman- 1971- State freedom aid can not subsidize religious institutions

4. Three part lemon test- ruled unconstitutional5. National anthem debate6. Aguilar v. Felton- disadvantaged students

Freedom of Religion

Agostini v. Felton- changed their mind and said Aguliar v. Felton was no longer good law

School vouchers- Cleveland case that stated school vouchers can be used from taxpayer money to fund religious schools cause its not a violation because they can use the voucher to attend a variety of schools

School prayer◦ Engel v. Vitale- ban on prayer in public schools◦ Abington school district v. Schempp- supreme court outlawed

officially sponsored daily readings of bible in public school.

Moments of silence- way around no prayer. Wallace v. Jaffree- denied them a one minute moment of

silence in alabama Lee v. Weisman- unconstitutional to invite rabbi to deliver

non-secretarian prayer at grad. 10 commandments- unconstitutional to post on

government grounds Stone v. graham- Kentucky law requiring posting of

amendment in schools unconstitutional

Evolution- Epperson v. Arkansas- Arkansas cant prohibit the teaching of evolution

Edward v. Agulliard- supreme court said LA law was unconstitutional to require the teaching the teaching of biblical stories as well as evolution, cause it promoted a particular religion

Free exercise clause- guaranteeing free exercise of religion

Religious speech-◦ Rosenberger v. university of Virginia- refused to fund a

Christian newsletter, but granted funds to more than 100 other org. court ruled unconstitutional because it discriminated against religious speech.

Freedom of expression Prior restrain- restraining before it happens,

unconstitutional NYT .v US- the times were about to publish pentagon

papers, secret on Vietnam war, they had been obtained illegally by pentagon worker, gov’t wanted them to not be able to be published, but court ruled in favor of the NYT to let the public know the truth

Tinker v. Des Moines School District- Landmark case. Stated that the wearing of black armbands in protest of the Vietnam War was protected by the freedom of Speech.

Texas v. Johnson- Supreme Court ruled that state laws prohibiting the burning of the American Flag in peaceful protest also violated the freedom of expression protected by the First Amendment.

Protection of Symbolic Speech

Freedom of speech in newspapers is protected in the constitution.

Nike v. Kasky- any statement by a corporation constituted commercial speech.

Protection of Commercial Speech

Clear and Present Danger Modifications to the Clear and Present

Danger Rule Last modified in 1969.

Permitted Restrictions of Expression

Protecting Children Definitional Problems Pornography on the Internet Should “Virtual” Pornography be deemed as

a crime?

Unprotected Speech

Defamation of character Slander Libel

Unprotected Speech: Slander

Student Activity Fees Campus Speech and Behavior Codes

Campus Speech

Defamation in Writing◦ Libel◦ Actual Malice◦ Public figures

A free Press v. a Fair Trial: Gag Orders◦ Gag orders

Films, Radio, and TV

Freedom of the Press

Street Gangs Online Assembly

The Right to Assemble and to Petition the Government

Privacy Rights in the Information Age Privacy Rights and Abortion Controversy Continues Privacy Rights and the “Right to Die” What if there is no living will? Physician Assisted Suicide Privacy Rights versus Security Issues

More Liberties under Scrutiny: Matters of Privacy

Rights of the Accused◦ Limits on the Conduct of Police Officers and

Prosecutors◦ Defendant’s Pretrial Rights◦ Trial Rights

Extending the Rights of the Accused Miranda v. Arizona

◦ Exceptions to the Miranda Rule◦ Video Recording of Interrogations

The Exclusionary Frule

The Great Balancing Act

Cruel and Unusual Punishment 8th Amendment Furman v. GA- Death Penalty was random

and arbitrary 1972- violated 8th and 14th amendments

◦ Court made states make more precise laws Death Penalty Today Time Limits for Death Row Appeals

The Death Penalty

Chapter 5

Dred Scott Case- Supreme Court ruled that slaves were not citizens.

13th Amendment- ended slavery in the U.S. 14th Amendment- made former slaves

citizens 15th Amendment- gave African males the

right to vote Civil Rights Act of 1866- gave African

Americans full equality before the law

African Americans & Slavery in the U.S.

Civil Rights Act of 1872- Federal Crime to use law or custom to deprive people of rights

Civil Rights Act of 1975- everyone is entitled to full and equal use of public facilities

Plessey v. Ferguson- established “separate but equal” doctrine

Southern States crated tactics to deny African Americans the right to vote◦ Grandfather clause◦ Poll tax◦ Literacy test

Brown v. BOE- established that segregation of races in public schools violates 14th Amendment

African Americans and Slavery in the U.S. (con’t.)

MLK formed Southern Christian Leadership Conference

MLK believed in nonviolent protests◦ Protests◦ Boycotts◦ Sit-ins

Malcolm X believed the African Americans should “fight back”

Civil Rights Act of 1964-◦ Outlawed discrimination in voting◦ Established right to equality in employment◦ Expanded power of civil rights

MLK and Malcolm X were both shot and killed

Civil Rights

Susan B Anthony and Elizabeth Stanton formed the National Women Suffrage Association in 1869

19th Amendment- gave women the right to vote.

Women in Civil Rights

Title VII of the Civil Rights Act of 1964 Sexual Harassment Wage Discrimination

◦ The Equal Pay Act of 1963◦ The Glass Ceiling

Civil Rights: Extending Equal Protection

Gender-Based Discrimination in the Workplace

The Bakke Case Further Limits on Affirmative Action

◦ Hopwood v. State of Texas◦ Adarand Constructors Inc. v. Pena

State Ballot Initiatives

Affirmative Action

Age Discrimination in Employment The Age Discrimination in Employment Act

of 1967◦ Kimel v. Florida Board of Regents◦ Mandatory retirement

Special Protection for Older Americans

Americans with Disabilities Act of 1990 Limiting the Scope of and Applicability of

the ADA◦ Sutton v. United Airlines Inc.

Securing Rights for Persons with Disabilities

Stonewall Inn in New York City- riots June 27 and 28, 1967

Growth in the Gay Male and Lesbian Rights Movement◦ Boy Scouts of America v. Dale

State and Local Laws Targeting Gay Men and Lesbians◦ Bowers v. Hardwick◦ Lawrence v. Texas◦ Romer v. Evans

The Gay Community and Politics

The Rights and Status of Gay Males and Lesbians

Gay Men and Lesbians in the Military◦ McVeigh v. Cohen

Same-Sex Marriages◦ Baehr v. Lewin◦ Baker v. Vermont

Child Custody and Adoption

The Rights and Status of Gay Males and Lesbians (con’t.)

Voting Rights and the Young The Rights of Children in Civil and Criminal

Proceedings◦ Civil Law◦ Criminal Law◦ Civil Rights of Juveniles

Majority Necessaries

◦ Criminal Rights of Juveniles Common Law

Civil Rights: Why are they Important Today?

The Rights and Status of Juveniles