Presentation on theme: "CIVIL LIBERTIES Civil Liberties: the legal constitutional protections against the government The Bill of Rights: first 10 amendments, which protect basic."— Presentation transcript:
1CIVIL LIBERTIESCivil Liberties: the legal constitutional protections against the governmentThe Bill of Rights: first 10 amendments, which protect basic liberties, such as religion and speech
3The Bill of Rights and the States Written to restrict the national government only“Congress shall make no law…”Barron v. Baltimore (1833) (Bill of Rights did not apply to the states)Most have been “incorporated” through the 14th Amendment, and now restrict state and local governmentsFirst Amendment protection of speech first incorporated to states in Gitlow v. New York (1925)
4The Establishment Clause “Congress shall make no law respecting the establishment of religion…”Lemon v. Kurtzman (1971) – Government funding to religious schoolsSecular legislative purposeNeither advance nor inhibit religionNo excessive government “entanglement” with religion
5The Establishment Clause (continued) Are school vouchers constitutional?Zelman v. Simmons-Harris (2002)Prayer in public schools violates Establishment Clause.Engle v. Vitale (1962)What about displays of the Ten Commandments?Alabama Supreme Court Chief Justice display in 2003.Pledge of Allegiance, religious holidays, high school sports prayers, religious clubs on campus, nativity scenes on public property, prayers at the beginning of gov’t meetings
6The Free Exercise Clause Prohibits government from interfering with the practice of religionSome religious practices may conflict with other rights, and then be denied or punishedEmployment Division (Oregon) v. Smith (1988) (Native American peyote)Religious Freedom Restoration Act (1993)Polygamy? Rastafarians? Santeria (animal sacrifice)?
7Prior RestraintDefinition: a government preventing material from being published; censorship; unconstitutionalNear v. Minnesota (1931)May be permissible during wartimeOne may be punished after something is published.
8Free Speech and Public Order Speech is limited if it presents a “clear and present danger.”Schenck v. US (1919)Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless actionBrandenburg v. Ohio (1969)Speech is generally protected in public places, but usually not on another’s private property.Speech is limited if it presents a “clear and present danger.”
9Free Press and Fair Trials Is extensive press coverage of high profile trials (OJ Simpson; Martha Stewart) permissible?The public has a right to know what happens; trial must be open to the public.The press’ own information about a trial may not be protected.Yet, some states have passed shield laws to protect reporters.
10Obscenity No clear definition on what constitutes obscenity Justice Potter Stewart: “I know it when I see it.”Miller v. California (1973) stated that materials were obscene if the work:appeals “to a prurient interest in sex”showed “patently offensive” sexual conductlacks “serious literary, artistic, political or scientific value”Decisions on obscenity are based on local community standards.
11Libel and SlanderLibel: the publication of false or malicious statements that damage someone’s reputationSlander: the same thing, only spoken instead of printedNew York Times v. Sullivan (1964): statements about public figures are libelous only if made with reckless disregard for truth.Private individuals have lower standard to meet to win libel lawsuits.
12Symbolic Speechnonverbal communication, such as burning a flag or wearing an armbandGenerally protected along with verbal speechTexas v. Johnson (1989): Burning the American flag is symbolic speech protected by the First Amendment.
13Definition: communication in the form of advertising Generally the most restricted and regulated form of speech (Federal Trade Commission)Regulation of the Public AirwavesBroadcast stations must follow Federal Communication Commission rules.Regulation must be narrowly tailored to promote a compelling governmental interest.
14Right to AssembleGenerally permissible to gather in a public place, but must meet reasonable local standards, such as fire codes and apply for permitsBalance between freedom and orderRight to AssociateFreedom to join groups or associations without government interferenceNAACP v. Alabama (1958)
15Interpreting Defendants’ Rights Most of the Bill of Rights (Amendments 4, 5, 6, 7, and 8) apply to defendants’ rights.Interpreting Defendants’ RightsCriminal Justice personnel are limited by the Bill of Rights and failure to follow constitutional protections may invalidate a conviction.Courts continually rule on what is constitutional and what is not.
16Searches and SeizuresProbable Cause: when the police have reason to believe that a person should be arrestedUnreasonable searches and seizures: evidence is obtained in a haphazard or random manner, prohibited by the Fourth AmendmentExclusionary Rule: the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtainedMapp v. Ohio (1961)
17Self-IncriminationDefinition: when an individual accused of a crime is compelled to be a witness against himself or herself in courtPolice must inform suspects of these and other Fifth Amendment protections upon arrest.Miranda v. Arizona (1966)Protection from coerced confessions and entrapments
18The Sixth Amendment also guarantees a “speedy and public” trial. The Right to CounselThe state must provide lawyers in most criminal cases (Sixth Amendment).Gideon v. Wainwright (1963)TrialsPlea bargaining: a bargain between the prosecution and defense for a defendant to plead guilty to a lesser crime; 90 percent of cases end here and do not go to trialJuries generally consist of 12 people, but unanimity is not always needed to convict.The Sixth Amendment also guarantees a “speedy and public” trial.
19Cruel and Unusual Punishment The Eighth Amendment forbids cruel and unusual punishment.The death penalty is not cruel and unusual. It is “an extreme sanction, suitable to the most extreme crimes.”Gregg v. Georgia (1976)The use of the death penalty and application varies by state.
20Is There a Right to Privacy? Definition: the right to a private personal life free from the intrusion of governmentNot explicitly stated in the Constitution, but implied by the Fourth and Ninth AmendmentsGriswold v. Connecticut (1965)
21Controversy over Abortion - Griswold v Controversy over Abortion - Griswold v. Connecticut (1965) – right to privacy - contraceptivesRoe v. Wade (1973)Planned Parenthood v. Casey(1992)Protections of those seeking an abortion
22Civil Liberties and Democracy Rights ensured in the Bill of Rights are essential to democracy.Courts typically protect civil liberties from excesses of majority rule.Civil Liberties and the Scope of GovernmentIn deciding between liberty and order, the United States generally chooses liberty.Civil liberties limit the scope of government, even though government efforts are needs to protect rights.
23Civil liberties are expressed in the Bill of Rights. These are the individual’s protections—for religion, expression, assembly, and the accused—against the government.Legislatures and courts constantly define what the Bill of Rights protects in practice.
25Racial Discrimination Gender Discrimination Civil RightsDefinition: policies designed to protect people against arbitrary or discriminatory treatment by government, business, or individualsRacial DiscriminationGender DiscriminationDiscrimination based on age, disability, sexual orientation and other factors
26Conceptions of Equality Equal opportunity: same chancesEqual results: same rewardsEarly American Views of EqualityThe Constitution and InequalityEquality is not in the original Constitution.First mention of equality in the 14th Amendment: “…equal protection of the laws”
28Race, the Constitution, and Public Policy The Era of SlaveryDred Scott v. Sandford (1857)Slaves had no rights, they are property.Invalidated Missouri CompromiseThe Civil WarThe Thirteenth AmendmentRatified after Union won the Civil WarOutlawed slavery
29The Era of Reconstruction and Resegregation Jim Crow or segregational lawsRelegated African Americans to separate facilitiesPlessy v. Ferguson (1896)Upheld the constitutionality of “equal but separate accommodations”
30The Era of Civil Rights Brown v. Board of Education (1954) Overturned PlessySchool segregation inherently unconstitutionalIntegrate schools “with all deliberate speed”Busing of students solution for two kinds of segregation:de jure, “by law”de facto, “in reality”This ultimately fell apart as it was politically unpopular. Schools are still very segregated by race.
31The Era of Civil Rights (continued) Civil Rights Act of 1964Made racial discrimination illegal in hotels, restaurants, and other public accommodationForbade employment discrimination based on raceCreated Equal Employment Opportunity Commission (EEOC)Strengthened voting right legislation
32Getting and Using the Right to Vote Suffrage: the legal right to voteFifteenth Amendment: extended suffrage to African AmericansPoll Taxes: small taxes levied on the right to voteWhite Primary: Only whites were allowed to vote in the party primaries.
33Getting and Using the Right to Vote Smith v. Allwright (1944): ended white primariesTwenty-fourth Amendment: eliminated poll taxes for federal electionsHarper v. Virginia State Board of Elections (1966): no poll taxes at allVoting Rights Act of 1965: helped end formal and informal barriers to voting
34Other Minority Groups Native Americans Hispanic Americans Santa Clara Pueblo v. Martinez (1978)Reinforced tribal independenceHispanic AmericansMexican American Legal Defense and Education FundAsian AmericansKorematsu v. United States (1944)Supported the internment of the Japanese on national security grounds
36The Battle for the Vote The “Doldrums”: 1920-1960 Nineteenth Amendment: extended suffrage to women in 1920The “Doldrums”:Laws were designed to protect women, and protect men from competition with women.Equal Rights Amendment first introduced in Congress in 1923
37Women, the Constitution, and Public Policy The Second Feminist WaveReed v. Reed (1971)“Arbitrary” gender discrimination violated 14th Amendment’s Equal Protection ClauseCraig v. Boren (1976)“Medium scrutiny” standard established for gender discriminationEqual Rights Amendment fails ratification by states (1982)
38Women, the Constitution, and Public Policy Women in the WorkplaceThe Civil Rights Act of 1964 banned gender discrimination in employment.Wage Discrimination and Comparable WorthThe Supreme Court has not ruled on this issue.Women in the MilitaryOnly men may be drafted – women recently allowed to apply for combat positions.Sexual HarassmentProhibited by Title VII of Civil Rights Act of 1964
39Civil Rights and the Graying of America Age classifications not suspect category, but fall under rational basis test.Civil Rights and People with DisabilitiesAmericans with Disabilities Act of 1990Requiring employers and public facilities to make “reasonable accommodations” for those with disabilitiesProhibits employment discrimination against the disabled
40Gay and Lesbian RightsBowers v. Hardwick (1986) upheld laws against private sexual actsLawrence v. Texas (2003)Overturned BowersPrivate sexual acts are protected by the ConstitutionGay marriageMany state constitutions amended to prohibit practice
41Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged groupIn educationRegents of the University of California v. Bakke (1978)Racial set asides unconstitutionalRace could be considered in admissionsGrutter v. Bollinger (2003)Race could be considered a “plus” in admissions
42In employment United Steelworks v. Weber (1979) Quotas to remedy past discrimination are constitutional.Adarand Constructors v. Pena (1995)To be constitutional, affirmative action must be “narrowly tailored” to meet a “compelling governmental interest.”Did not ban affirmative action, but severely limited its reach
43Civil Rights and Democracy Equality favors majority rule.Suffrage gave many groups political power.Civil Rights and the Scope of GovernmentCivil rights laws increase the size and power of government.Civil rights protect individuals against collective discrimination.
44In SummaryRacial minorities and women have struggled for equality since the beginning of the republic.Constitutional amendments and civil rights legislation guarantee voting and freedom from discrimination.Civil rights have expanded to new groups.