Civil Liberties and Civil Rights

1. Civil Liberties and Civil Rights Ch. 10: Civil Liberties Ch. 11: Civil Rights Ch. 13: S.C. Cases www.arizonacrc.org

2. Why does it matter? • Civil liberties are fundamental safeguards that protect us from govt actions • Govt may not restrict freedoms, liberties w/o good reason • Bill of Rights • Ex: freedom of speech, religion, personal security

3. The Bill of Rights First proposed by George Mason, but states already had own protected liberties Americans didn’t trust govt after British rule Supporters of Constitution agreed to add a Bill of Rights ballinyourcourt.wordpress.com

4. Civil Liberties v. Civil Rights • Civil liberties: • basic freedoms all people have that are protected against govt abuse • Ex: religious freedom, freedom from unreasonable searches and seizures • Civil rights: • Rights of fair and equal status and treatment • Right to participate in govt • Ex: right to petition govt

5. www.blackpast.org www.isocindiachennai.org

6. Limits on Civil Liberties, Rights www.carnageandculture.blogspot.com • Sometimes liberties and rights conflict • Smoking in a public place • Courts balance rights with protecting the common good

7. www.cnn.com

8. 14th Amendment • Bill of Rights intended to limit federal govt • Forbade states from passing laws that would “deprive any person of life, liberty, or property without due process of law” • Supreme Court has incorporated much of the Bill of Rights into the 14th Amendment • “selective incorporation” • Gitlowv. New York (1925)

9. Religious Freedom ourobamanation.wordpress.com • Two freedoms in U.S.: • Govt forbidden from establishing an official religion • People have right to “free exercise” of own religion

10. Establishment Clause • “Congress shall make no law respecting an establishment of religion” • Govt cannot take actions creating official religion • Govt cannot support one religion over another • Lemon v. Kurtzman(1971): law must meet all three to be found constitutional: 1. Have secular (non-religious) purpose 2. Neither advance nor inhibit religion • Not encourage “excessive” govt entanglement with religion

11. Establishment Clause www.wrensworld.com Engel v. Vitale (1962) Wallace v. Jaffree(1985)

12. Free Exercise • Religious practices can be limited • Reynolds v. U.S. (1878): polygamy • West Virginia State Board of Education v. Barnette(1943) • Employment Division of Oregon v. Smith (1990)

13. Freedom of Speech, Press nypeoplespress.blogspot.com If U.S. citizens are to fully participate in democracy, they must have access to full range of opinions and information Protecting rights often difficult, especially unpopular ideas

14. Freedom of Speech, Press • Limitations: obscenity, false advertising, defamation, etc. • Slander: spoken defamatory comments • Libel: written defamatory statements • Must be false and show “actual malice” • New York Times Co. v. Sullivan (1964): public figures have fewer legal protections

15. Freedom of Speech, Press Photo of a 1914 anarchist rally in New York's Union Square. www.pbs.org Schenckv. U.S. (1919): “clear and present danger” Brandenburg v. Ohio (1969): “imminent lawlessness”

16. Freedom of Speech, Press • Prior restraint: govt action seeks to prevent materials from being published • Near v. Minnesota (1931) • New York Times Co. v. Nixon (1971) • Symbolic speech: communication of ideas through symbols, actions • Tinker v. Des Moines (1969) • Texas v. Johnson (1989)

17. Freedom of Assembly, Petition xtimeline.com • Govt cannot deny people right to “peaceably assemble and to petition the Govt for a redress of grievances” • Edwards v. South Carolina (1963) • Govts can restrict time, manner, place • Freedom of association: NAACP v. Alabama (1958)

18. Protecting Individual Liberties • Right to keep and 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” • Which emphasis? • Individual right? • Right to form state militias? • McDonald v. Chicago (2010)

19. washingtonushistory.blogspot.com www.dailykos.com scottthong.wordpress.com

20. Protecting Individual Liberties • Fourth Amendment: forbids “unreasonable searches and seizures” • Must be probable cause (reasonable belief a crime has been committed) • Otherwise, exclusionary rule in effect (evidence seized illegally cannot be used in court) • Mappv. Ohio (1961) • Today: PATRIOT Act weakens civil liberty protections, some parts struck down (2007) • New Jersey v. TLO (1985): students

21. Protecting Individual Liberties • Right to privacy: not in Constitution, but . . . • Griswold v. Connecticut (1965) • Roe v. Wade (1973) • Planned Parenthood v. Casey (1992) • Due process of law • Procedural concerns fairness of procedures • Substantive: concerns fairness of laws

22. Crime and Punishment Fairness and the Justice System

23. Crime and Punishment • Civil law: covers private disputes b/t people over property, relationships • Ex: contracts, torts (actions that harm others), property • Plaintiff brings suit against defendant • Criminal law: covers disputes b/t person and society • Misdemeanor: penalty of imprisonment less than year • Felony: penalty of imprisonment more than year • Prosecutor brings suit against defendant

24. catalog.flatworldknowledge.com

25. Criminal Justice Process 1. Grand jury (federal crimes) determines if enough evidence to go to trial • If so: indictment issued – formal complaint of wrongdoing 2. Hearings: arraignment (enter plea) Bail: money pledged to guarantee defendant will return for trial 3. Plea bargain may occur: defendant agrees to plead guilty to lesser charge • Trial • Sentencing

26. Rights of the Accused • Innocent until proven guilty • Writ of Habeus Corpus: • Legal order requiring person be brought before court so judge can determine if imprisonment is legal • Lincoln: suspended the writ during Civil War • George W. Bush: • Hamdiv. Rumsfeld (2004) • Boumedienev. Bush (2008) • Detainees have right to challenge their detention

27. en.wikipedia.org qwmagazine.com

28. Self-Incrimination www.pbs.org • Person cannot be forced to provide evidence against self • Miranda v. Arizona (1966) • Warnings must be read before questioning • Right to remain silent • Right to an attorney

29. Guarantees of Fair Trial courses.ttu.edu • Sheppard v. Maxwell (1966) • Press coverage and jury selection • Trial by jury: may be waived by defendant • Gideon v. Wainwright (1963): right to attorney • Attorneys’ failures to meet professional standards may violate rights

30. Punishment www.biography.com • “cruel and unusual” punishment illegal • Wilkerson v. Utah (1879): banned torture • Capital punishment • Furman v. Georgia (1972): found application of death penalty to be arbitrary • Gregg v. Georgia (1976): found Georgia’s system constitutional w/ addition of high court review, separate processes of sentencing

31. Civil Rights and Discrimination En.wikipedia.org newyorkemploymentlawyerblog.com

32. Civil Rights in the U.S. Civil rights: rights involving equal status and treatment and right to participate in govt Changed over time b/c definition of fairness and equal treatment has changed Story of U.S.: participation in govt has expanded since founding

33. Equal Justice Under Law • Equal protection clause (EPC – 14th Amendment): requires states to apply law same way for one person that they would for another person in same circumstances • All people not treated same in all respects: reasonable distinction • Ex: 7 year olds cannot vote

34. Equal Protection of the Law • Rational basis test: sometimes legitimate goal of govt allows for reasonable, different treatment • Ex: driving age in different states • Intermediate scrutiny test: higher standard to determine if laws violate EPC • Sexual discrimination • Strict scrutiny test: highest standard • 1. fundamental right is restricted • 2. suspect classification: one based on race or nat’l origin

35. pittqueertheoryf11.wordpress.com

36. Laws and Segregation www.streetlaw.org • After Civil War: • 13th – 15th Amendments, federal laws to improve African Americans’ lives • Jim Crow laws revive segregation in most aspects of life • Plessyv. Ferguson (1896): enshrines segregation

37. Voting Rights for Women Wikipedia.org, americaslibrary.gov • 1848: Seneca Falls Convention called for voting rights • Suffragists marched, picketed, fought for right • 1920: finally win the right

38. Rolling Back Segregation • Plessy allowed de jure (by law) segregation • Legal challenges, lead by NAACP: • Gaines v. Canada (1938): SC declared equal protection required states to offer equal facilities • Sweattv. Painter (1950): SC declared facilities separate, but not equal; had to admit Sweatt • Brown v. Board (1954): SC declared segregation “generates a feeling of inferiority” and illegal • Ordered schools desegregated; much resistance • De facto (by fact) segregation still occurs

39. Civil Rights Laws • Civil Rights Act of 1957, 1960 • Step toward ending discrimination, but weak • Civil Rights Act of 1964 • Banned discrimination based on race, color, religion, sex, national origin in voting, employment, public accommodations • Passed under authority of commerce clause – Congress could ban discrimination by any person or business engaged in interstate commerce • 24th Amendment: prohibited poll taxes • Voting Rights Act (1965): feds could review changes to voting laws, monitor elections

40. maineleague.ilovevanjones.com Ipinionsjournal.com Wikipedia.org

41. Extending Civil Rights • Women: • Equal Pay Act of 1963 • Title IX (1972): banned discrim. in educational and athletic programs • Roe v. Wade (1973) • Latinos: • Mendez v. Westminster (1946): segregation illegal • Hernandez v. Texas (1954): Latinos included in equal protection clause • Native Americans • Self-Determination Act (1975): allowed Natives to control own tribes, funds • People w/ Disabilities • Americans w/ Disabilities Act (1990): banned discrimination, required public buildings be accessible

42. Affirmative Action • Policy that requires employers, institutions to provide opportunities for people of certain historically underrepresented groups • Pro: addressing past wrongs • Con: reverse discrimination (again majority) • Regents of Univ. of California v. Bakke(1978): • Can take race into account, but not through quota system • Gratzv. Bollinger (2003): • Can take race into account, but not through automatic points

43. theurbanpolitico.com Conservativecartoon.com

44. Citizenship and Immigration • Citizenship by birth • Being born in the U.S. • Jus soli (“law of the soil”) in 14th Amendment • Being born on foreign soil to parents who are U.S. citizens • Jus sanguinis (“law of the blood”) • Citizenship by naturalization • Legal process by which an immigrant becomes citizen

45. Naturalization: Today • Requirements: • Be a lawful permanent U.S. resident; • Be 18 years of age or older; • Be a permanent resident for not less than five years; • Have resided for at least three months in the state where the petition was filed; • Be physically present in the U.S. for at least half of the five years with no absences longer than six months; • Have resided continuously within the U.S. from the date the petition was filed to the time of admission to citizenship; • Have been a person of good moral character for the five years of residence; • Have an elementary level of reading and writing English; and • Have a basic knowledge of the fundamentals of U.S. government and history.

47. Losing Citizenship • Court: take citizenship away • Fraud during naturalization process • Committing serious crime against U.S. govt such as treason • Swearing an oath of loyalty to another country’s govt or military • Voluntarily giving it up: expatriation

50. Immigration • Not regulated until late 19th century • 1924: National Origins Quota Act • Set annual immigration limit at 165,000 based on country of origin • Based on eugenics – false “race science” – research • 1965: Immigration and Nationality Act • New annual immigration limit increased to 290,000 w/o regard to country of origin • U.S. also allows refugees (approx. 50,000 annually)