CIVIL LIBERTIES AND CIVIL RIGHTS

NEED TO KNOW: Unit 6

CIVIL LIBERTIES

Chapter 5

14th Amendment

Incorporation 14th Amendment used to apply BoR to states

Selective Incorporation Not all BoR apply Case by Case basis

Due Process Clause Civil Liberties

Equal Protection Clause Civil Rights

Cases to Know - Incorporation

Barron v. Baltimore BoR only applies to states

Gitlow v. New York 1st incorporation case - Speech

Palko v. Connecticut Begins Selective Incorporation

Near v. Minnesota Press

Everson v. BOE Establishment Clause

Mapp v. Ohio 4th Amendment

Gideon v. Wainwright 6th Amendment

Freedom of Religion

Establishment Clause No Govt-sponsored religion Wall-of-Separation

Free-Exercise Clause Religious Practices

Religion & SchoolsBasically, all religions allowed, but not all

religious practices Ex, Polygamy, Peyote

Freedom of Religion Cases

Engel v. VitaleLemon v. KurtzmanReynolds v. USOregon v. SmithLee v. WeismanJacobson v. MassachusettsWest Virginia v. BarnetteWisconsin v. YoderAbington v. SchemppWallace v. Jaffree

Freedom of Expression

Speech, Press, Petition, Assembly, Association Needed in Democratic Society

Symbolic Speech Preferred Position

Limits not OK unless absolutely necessary “Clear-and-Present Danger” Test Libel, Obscenity, Sedition Time-place-manner restrictions

Prior Restraint Stopping speech before it happens Rarely ever ok

Freedom of Expression Cases

Schenck v. USDennis v. USTexas v. JohnsonMiller v. CaliforniaRoth v. USTinker v. Des Moines Chaplinsky v. New HampshireHazelwood v. KulheimerNYT v. USNYT v. SullivanBrandenburg v. OhioNAACP v. AlabamaBoy Scouts of America v. Dale

Rights of the Accused

Due Process Substantive Due Process – Laws must be fair Procedural Due Process – Procedures must be fair

4th Amendment No Unlawful Searches and Seizures

Probable Cause, “In Plain View” Exclusionary Rule Good-Faith Exception

5th Amendment Absolute Right to remain silent

6th Amendment Attorney must be provided (public defender’s office)

8th Amendment Death Penalty not “cruel and unusual” if applied fairly

Rights of the Accused Cases

Mapp v. OhioKatz v. USCalifornia v. AcevedoUS v. LeonNew Jersey v. TLOMiranda v. ArizonaEscobedo v. IllinoisGideon v. WainwrightFurman v. Georgia; Gregg v. Georgia

CIVIL RIGHTS

Chapter 6

Civil Rights

Civil Rights vs. Civil LibertiesSuspect Classifications

Race – inherently suspect Gender – more than reasonable Age, wealth, etc – reasonableness

14th Amendment – Equal Protection Clause

Race

“Separate-but-Equal” Doctrine – Jim Crow Laws

The CRM in the Courts Brown v. BOE Implementing Brown – very slow – BUSING

CRM Demonstrations Sit-ins, Marches

The CRM in Congress Civil Rights Act of 1964 Voting Rights Act of 1965

De Jure vs. De Facto Segregation

Civil Rights (Race) Cases

Scott v. SanfordPlessy v. FergusonBrown v. Board of EdSwann v. Charlotte-Mecklenburg Board of EdKorematsu v. US

Gender & LGBT

Women 19th Amendment ERA – Failure Gender Discrimination

Not Strict Scrutiny like race

Privacy and Abortion Right to Privacy does exist Abortion legal Can be limited if limits are reasonable

LGBT DOMA Don’t Ask, Don’t Tell Fight for Marriage Rights

Civil Rights (Gender and LGBT) Cases

Reed v. ReedRostker v. GoldbergUS v. VirginiaGriswold v. ConnecticutRoe v. WadeWebster v. Reproductive Health ServicesPlanned Parenthood v. CaseyLawrence v. TexasWindsor v. US

Affirmative Action

Preferential treatment for minorities to correct past injustice Hiring & College Admissions

Equality of Result vs. Equality of OpportunityMost Americans against Affirmative Action

Though Polls often indicate that they are splitCourts have been very contradictorySome states are banning affirmative action

California Prop 209

Affirmative Action Cases

Regents of University of California v. BakkeGratz v. BollingerGrutter v. BollingerAdarand Constructors v. Pena