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THE EVOLUTION OF CIVIL LIBERTIES &
CIVIL RIGHTS
THE BILL OF RIGHTS AND THE STATES
What are Civil Liberties?Where are Civil Liberties guaranteed?Who are they guaranteed by?
Barron v. Baltimore (1833) Unanimously ruled that the Bill of Rights “contains no
expression indicating an intention to apply them to the state governments.”
Established a precedent that the freedoms guaranteed by the Bill of Rights did not restrict state governments
However, what opened the door to change?
THE SCOPE OF THE BILL OF RIGHTS
“No state shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States 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.”
Contains two key clauses: The Due Process Clause The Equal Protection Clause
What is the first major case to test incorporation?
THE FOURTEENTH AMENDMENT (1868)
Gitlow v. New York (1925)Ruled freedom of speech and the press are fundamental liberties protected under the Due Process Clause
Selective Incorporation: The case by case process by which liberties listed in the Bill of Rights have been applied to the states using the Due Process Clause of the Fourteenth Amendment
THE INCORPORATION DOCTRINE
THE FIRST AMENDMENT
The Establishment Clause
“Wall of Separation”Engel v. Vitale
(1962) School Prayer
Lemon v. Kurtzman (1971) Aid to parochial schools “Lemon test”
The Free Exercise Clause
Believe what you want
Oregon v. Smith (1990) Illegal drug use in
religious ceremonies
Reynolds v. U.S. (1879) Polygamy
FREEDOM OF RELIGION
The Supreme Court has made decisions that both protect and limit freedom of speech and the press
The “Clear and Present Danger” Test Schneck v. United States (1919)
Libel and slander New York Times v. Sullivan (1964)
Obscenity Roth v. United States (1957) Miller v. California (1973)
Symbolic speech Tinker v. Des Moines (1965) Texas v. Johnson (1989)
Prior restraint Near v. Minnesota (1931)
FREEDOM OF EXPRESSION
Is symbolic speech protected?What about commercial speech?Why is government censorship
accepted for television and radio, but not for print media?
How does free press impact impartiality of trials?
FREEDOM OF EXPRESSION
What limits can be placed on freedom of assembly?
Why is the right to associate protected?
FREEDOM OF ASSEMBLY
RIGHTS OF THE ACCUSED
What is due process? Where is it guaranteed?What are the criteria for legal searches?Where is this required?
Exclusionary Rule: prohibits evidence obtained by illegal searches or seizures from being admitted in courtWeeks v. United States (1914)
Mapp v. Ohio (1961)
SEARCH AND SEIZURES
What is meant by “the right to counsel”?
Sixth Amendment gives rights of accused the assistance of counsel
Incorporated by the Due Process Clause of Fourteenth AmendmentGideon v. Wainwright (1963)
RIGHT TO COUNSEL
What is self-incrimination?How are we protected against self-
incrimination?Miranda v. Arizona (1966)
THE MIRANDA RULE
Does plea bargaining defeat the purposes of due process?
What is meant by “a jury of peers”?Is the death penalty cruel and unusual
punishment?
DEFENDANT’S RIGHTS
THE RIGHT TO PRIVACY
What is the right to privacy?Where is it guaranteed?Why is it controversial?
Griswold v. Connecticut (1965)Roe v. Wade (1973)
Since Roe, the Court has allowed “reasonable limits” by states
THE RIGHT TO PRIVACY
How do civil liberties advance democracy?Why is “freedom versus order” a central
question in the discussion of civil liberties?
UNDERSTANDING CIVIL LIBERTIES
EVOLUTION OF CIVIL RIGHTS
What are civil rights?How do they differ from civil liberties?What do civil rights do to the scope of
government?
CIVIL RIGHTS
Reasonable Classification Ruled government must have the power to make
reasonable classifications between person and groups Can you think of some reasonable classifications?
Strict Scrutiny Ruled that classification by race and ethnic
background is inherently suspect and must therefore meet a strict scrutiny test
Classification based on race and ethnic background must be justified by a “compelling public interest.”
THE SUPREME COURT
Dred Scott v. Sandford (1857): ruled that black people were not citizens of the United States and therefore could not petition the Court.
The Reconstruction Amendments (1865-1870) 13th—abolishes slavery and involuntary servitude 14th—made former slaves citizens (Citizenship Clause)
Invalidated the Dred Scott decision 15th—provided suffrage for African American males
Plessy v. Ferguson (1896): ruled segregated public facilities were constitutional so long as the accommodations were “separate but equal”
What court case overturns Plessy?
THE STRUGGLE FOR RACIAL EQUALITY
Brown v. Board of Education of Topeka (1954): ruled racially segregated schools violated the Equal Protection Clause of the Fourteenth Amendment
Second Brown Decision (1955): declared African Americans would be admitted to schools on a nondiscriminatory basis “with all deliberate speed” De jure segregation (“by law”) De facto segregation (“in reality”)
THE STRUGGLE FOR RACIAL EQUALITY
Civil Rights Act of 1964 Ended Jim Crow segregation by making racial
discrimination illegal in public accommodations Prohibited discrimination in employment on basis of
race, color, national origin, religion, or gender Created Equal Employment Opportunity Commission
to monitor and enforce protections against job discrimination
Authorized the Department of Justice to initiate lawsuits to desegregate public facilities and schools
How does Congress have the power to create such a law?
THE STRUGGLE FOR RACIAL EQUALITY
Multiple methods used to disenfranchise African American Votes What are some of these methods?
Twenty-Fourth Amendment (1964) prohibited poll taxes in federal elections Supreme Court voided poll taxes in state elections in
1966
Voting Rights Act of 1965 Outlawed literacy tests and other discriminatory
practices Provided federal oversight of voter registration in
areas with a history of discretionary voting practices
THE STRUGGLE FOR VOTING RIGHTS
What are the ongoing issues for women’s rights advocates?
Why are some issues – like comparable worth – so controversial?
Is there some disagreement about the equality women desire?
WOMEN’S RIGHTS
Ethnic Minority GroupsNative AmericansHispanic AmericansAsian Americans
Newly Active GroupsElderlyChildrenDisabledLGBT
ADDITIONAL MINORITY GROUPS
Policy requiring federal agencies, universities, and most employers to take positive steps to remedy the eff ects of past discrimination What are the Pros? What are the Cons?
Regents of the University of California v. Bakke (1978): ruled the medical school’s strict quota system denied Bakke equal protection guaranteed by the Fourteenth Amendment
Since Regents there has been a trend of challenging the legality of affi rmative action programs
Recent cases Grutter v. Bollinger (2003) Gratz v. Bollinger (2003)
AFFIRMATIVE ACTION