Civil Liberties and Civil Rights notes

In terms of Freedom of Assembly and Petition, the courts have generally ruled that

- To protect public order, government may require groups waiting to parade or demonstrate to first obtain a permit - Certain public facilities (schools, airports, jails) not generally open to the public may be restricted from demonstrations - Restrictions on assembly must be worded precisely and must apply to all groups equally - The right to assemble does not allow groups to use private property for its own uses (creates buffer zones around abortion clinics) - Police may disperse demonstations in order to keep the peace or protect the public's safety (if demostrations become violent or dangeros to public safety)

After the Civil War three amendments were passed to ensure the rights of the former slaves

13th, 14th, and 15th amendments

Korematsu v. US

1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans, ruled that internment camps were lefal. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 2 each survivor

MLK's Letter From Birmingham Jail

1963, at the height of the Civil Rights Movement, Dr. MLK Jr. was arrested for leading public demonstrations in Birmingham AL, violation of court order prohibiting demonstrations. King believed this was unjust and demonstrated anyway, and was held for 24 hours without being allowed his constitutional right to contact a lawyer When Dr. King was finally allowed contact with the outside world, he saw a letter published in a newspaper criticizing the demonstrations and calling them "unwise" and "untimely." His response was the Letter from Birmingham Jail. He argues that they had a duty to fight for justice. He explains the four steps of nonviolent protest: fact finding, negotiation, self-purification, and direct action. After speaking with the officials of Birmingamd, he concluded that he needed to take action by leading the public demonstration. He concluded that he doesn't regret his decision

The Women's Movement Throughout much of American history, women have not been given the same rights as men

19th Amendment (1920)- gave women the right to vote Equal Pay Act (1963)- made it illegal to base an employee's pay on race, gender, religion, or national origin. Also affected the American Civil Rights movement. CRA of 1964 banned job discrimination on the basis of gender

Freedom of Assembly and Petition

1st Amendment guarantees "the right of the people peacefully to assemble, and to petition the Government for a redress of grievances." Freedom of assembly and petition applies to both private and public places, allowing citizens to make their views known to government officials through petitions, lettes, picketing, demonstrations, parades, and marches. The courts have protected these rights while allowing the government to set limits to protect the rights and safety of others.

Freedom of religion

2 protetions for freedom of religion exist: The establishment clause and the Free Exercise Clause. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" - Amendment 1

13th Amendment

Abolished slavery

Civil Liberties: Bill of Rights

Added in 1791 to the original Constitution to provide specific guarantees by the national government: - freedom of religion, speech, press, petition, and assembly - no unreasonable searches and seizure - protections against self-incrimination and double jeapardy - protections in criminal procedures

Remember to read

Additional notes for Civil Liberties

Affirmative Action, Supreme Court Refents of the University of California vs Bakke

Affirmative action programs used by UC in their admissions policies were unconstitutional, Bakke had been denied equal protection because the university used race as the sole criterion for admissions

Passing of sedition laws again

After McKinley was assassinated in 1901 by an anarchist, coupled with the entrance of the US into WWI, Congress again passed sedition laws forbidding verbal attacks on the government, and the states began following suit. These and subsequent laws were challenged in the courts

Gay Rights Movement

After riot following police raid of gay bar in 1969, gay power movement gained momentum. Gay Activist Alliance and Gay Liberation Front began exerting pressure/influence on state legislatures to repeal laws prohibiting homosexual conduct. Growth of Gay Rights movement- Democratic Party included protection of these rights as part of its platform, several states have passed laws prohibiting discrimination against homosexuals in employment, housing, education, and public accomodations. In Romer vs. Evans (1996), Supreme court Ruled that a Colorado Constitutional Amendment invalidating state/local laws that protected gays from discrimination was unconstitutional b/c it violated the Equal Protection Clause of the 14th Amendment.

Voting Rights Act of 1965

Allowed federal registrars to register voters and outlawed literacy tests and other discrimintary tests in voter registration

Civil Rights

Civil rights are guaranteed by the Equal Protection Clause of the 14th Amendment, which was added to the Constitution after the Civil War to precent states from discriminating against former slaves and to protect former slaves' rights. The courts recognize that some forms of discrimination may be valid. But if discrimination reflects prejudice, the courts automatically classify it is suspect to provide a compelling reason for the discrimination. For example, if a city had separate schools for different races, the city would have to prove how this serves a compelling public interest.

Right to Privacy

Contitution makes no mention of a "right to privacy." Supreme Court has interpreted several rights that might fall under the category of privacy. The Due Process Clause of the Fourteenth Amendment has been used by the Court to protect the right of privacy from state infringement.

Engel v. Vitale (1962)

Court ruled school-sanctioned prayer in PA public schools is unconstitutional

Wisconsin v. Yoder (1972)

Court ruled that WI could not require Amish parents to send their children to public school beyond the 8th grade b/c it would violate long-held religious beliefs

Tinker v. Des Moines (1969)

Court ruled that wearing black armbands in protest of the Vietnam War was symboli speech, protected by the First Amendment

Affirmative Action Hopwood v. Texas (1996)

Court struck down UT law school's admissions program, stating that race could not be used as a factor in deciding which applicants to admit to achieve student body diversity, to prevent a hostile environment at the law school, to counteract law school's representation among minorities, or to end the effects of past discrimination by institutions other than the law school

Rational Basis test

Courts recognize that some forms of discrimination may be valid (preventing those under 21 from consuming alcohol) and have therefore devised the rational basis test to determine if the discrimination has a legitimate purpose. (not reflective of historical discrimination)

14th Amendment

Defined citizenship to include the former slaves and provided for due process and equal protection, which were used by the Supreme Court to apply the Bill of Rights to the state and local governments.

Asian Americans Civil Rights

Discrimination against them began immediately after the arrived and began competing for jobs. Beginning in 1882, the Chinese Exclusion Act (and other similar acts) limited the number of Asians permitted to enter the United States. After the bombing of Pearl Harbor, people of Japanese descent were forced into relocation camps

Actions of the Supreme court in defining the establishment clause (study these- located pages 174-175 of 5 steps)

Everson v. BOE (1947) Engel v. Vitale (1962) Abington School District v. Schempp (1963) Lemon v. Kurtzman (1971) Lynch v. Donnelly (1984) Wallace v. Jaffree (1985) Edwards v. Aguillard (1987) BOE of Westside Commmunity Schools v. Mergens (1990) Lee v. Weisman (1992) Sante Fe Independent School District v. Doe (2002)

Title IX of the Education Amendments Act of 1972

Federal law that prohibits sex-based discrimination in any education program or activity that is federally funded. Due to Title IX there have been major advances for women in high school and college athletic and curricular programs

Since the 1940's the Court has supported the preferred position doctrine:

First Amendment freedoms are more fundamental than other freedoms b/c they provide a basis for other liberties; therefore, they hold a preferred position and laws regulating these freedoms must be shown to be absolutely necessary to be declared constitutional

Court decisions protect rights through the use of judicial review

Flag burning (texas v. johnson, 1989) is protected, but burning a draft card (US v. Obrien, 1968) is not protected symbolic speech

Legislative action are laws that set limits of boundaries on one person's rights over another's or bring balance between the rights of individuals and the interests of society

For example, false advertising is not protected under the 1st Amendment guarantee of freedom of speech

The Americans with Disabilities Act (1990)

Forbids employers and owners of public accomodations from discriminating against people with disabilities (must make facilities wheelchair accessible, etc.). The Act created the Telecommunications Relay Service, which allows hearing and speech-impaired people access to telephone communications

Executive Order 8802 (1941)

Franklin Roosevelt banned racial discrimination in the defense industry and government offices

Eighth Amendment: Cruel and Unusual Punishment

Furman v. Georgia (1972)- Court ruled the death penalty unconstitutional under existing state law because it was imposed arbitrarily Gregg v. Georgia (1976)- In this case, the death penalty was Constitutiona because it was imposeed based on the circumstances of the case

Cases involving Right to Privacy

Griswold v. Connecticut (1965) Roe v. Wade (1973)

The Free Exercise Clause

Guaranteed te right to practice any religion or no religion at all. Supreme Court made distrinctions between belief and practice in its interpretations of this. It has ruled that while religious belief is absolute, the practice of those beliefs may be restricted, especially if those practices conflict with criminal laws.

Executive order 9981 (1948)

Harry Truman ordered the desegregation of the armed forces

Hispanic Americans- Civil Rights

Hispanic americans: people in the US who have Spanish-speaking heritage, fastest growing minority in America. # of hispanics elected to public office has increased since the 1970s, progress hampered by unequal educational opportunities and language barriers. Civil Rights action on behalf of Hispanics has concentrated on health care for undocumented, affirmative action, admission of more hispanics to state colleges and universities, and redistricting plans that do not discriminate against hispanic Americans

In 1993 Congress passed the Religious Freedom Restoration Act, giving people the right to practice religious activities unless prohibited by laws that are narrowly tailored and the government can show a "compelling interest"

In 1997 the Supreme Court ruled this law unconstitutional in City of Boerne, TX vs Flores

Affirmative actions Grutter v. Bollinger

Universities within the jurisdiction of the fifth circuit can use race as a factor in admissions as long as quotas are not used. In recent Court decisions the Court seems to be taking a more conservative view of affirmative actions programs and many fear that affirmative action is on the decline

Second Amendment

Until recently, challeges involving the Second Amendment have been rare. In 2008, however, the Supreme Court ruled in District of Columbia v. heller that a federal law that forbidding citizens from possessing handguns in the nation's capital was unconstitutional. A 5-4 majority ruled that the 2nd Amendment protects a private right of individuals to have arms for their own defense, not a right of the states to maintain a militia.

Symbolic speech

Using actions and symbols rather than words to convey an idea (burning a draft card or flag, wearing an armband in protest); may be subject to government restrictions if it endangers public safety

Speech plus

Verbal and symbolic speech used together, such as a rally and then picketing; may also be limited

Other Minorities- Civil Rights movement

With the successes of the African American Civil Rights movement, other minorities have also pressed to end discrimination. Hispanics, American Indians, Asian Americans, women, and people with disabilites have all joined in the quest for protections from discriminatory actions

Court cases pertaining to 4th Amendment

Wolf v. Colorado (1949) Mapp v. Ohio (1961) Terry v. Ohio (1968) Nix v. Williams (1984) US v. Leon (1984)

Writ of habeas corpus

You must be brought before the court and informed of charges against you

Substantive due process

Involves the policies of government or the subject matter of the laws, determining whether the law is fair or if it violates constitutional protections.

The Elderly- Civil Rights

Job discrimination- difficult for older people to find work. 1967- Congress passed Age Discrimination in Employment Act, prohibiting employers from discrimination against indivudals over the age of 40 and on the basis of age

No ex post factor laws

Laws applied to acts committed before the laws' passage are unconstitutional

Jim crow laws

Laws designed to segregate the races in schools, public transportation, and hotels

Regulating speech

Limitations on free speech have generally existed in the area of providing for national security. In 1798 Congress passed the Alien and Sedition Acts, making it illegal to say anything "false, scandalous and malicious against the government or its officials." Although these acts were aimed at the opponents of President John Adams and his Federalist supporters, others were convicted under these laws. The Alien and Sedition Acts were never challenged in court, and they expired in 1801.

Fifth Amendment: Self-incrimination

Miranda v. Arizona (1966) The Court ruled that suspects in police custody have certain rights and that they must be informed of those rights (right to remain silent, right to an attorney)

Native Americans

More than two million Native Americans live on reservations in the US. As a result of discrimination: poverty, unemployment, alcoholism, and drug abuse are common problems. Lack of organization has hampered NA attempts to gain political power. With formation of militant organizations and protests, NAs have brought attention to their concerns. 1985 Supreme Court ruling upheld treaty rights of Native American tribes. The Indian Gaming Regulatory Act (1988) allowed Native Americans to have gaming operations (casinos) on their reservations, creating an economic boom in many tribes. In 1990 Congress passed the Native American Languages act, encouraging the continuation of native languages and culture

Civil Rights Act of 1964

Most important Civil Rights Act. Prohibited discrimination in employment and in places of public accomodation, outlawed bias in federally funded programs, and created the Equal Employment Opportunity Commission (EEOC)

Cases involving Freedom of the Press

Near v. Minnesota (1931) New York Tikes v. Sullivan (1964) NYT v. US (1971) Hazelwood School District v. Kuhlmeier (1988)

Freedom of the Press

Often protected because it is closely related to freedom of speech: the press is used as a form of expression. Today the press includes newspapers, magazines, radio, television, and the internet

24th Amendment (1964)

Outlawed poll taxes in federal elections

Civil Rights Act of 1875

Outlawed racial discrimination in public places such as hotels, theaters, and railroads but required African Americans to take their cases to federal court, a time-consuming and costly endeavor. The Act was ruled unconstitutional in 1883

Affirmative Action

Policy designed to correct effects of past discrimination, race/gender based.

Sixth Amendment: Right to an attorney, related court cases

Powell v. Alabama (1932)- The court established that the Due Process Clause of the 14th Amendment guarantees defendants in death penalty cases the righ to an attorney Betts v. Brady (1942)- The Court ruled that poor defendants in noncapital cases are not entitled to an attorney at government expense Gideon v. Wainwright (1963)- The Court ruled that in state trials, those who cannot afford an attorney will have one provided by the state, overturning Betts v Brady Escobedo v. Illinois (1964)- Supreme Court extended exclusionary rule to illegal confessions in state court cases

15th Amendment

Provided that individuals could not be denied the right to vote based on race or the fact that they were once slaves

Women's Rights Cont'd

Reed v. Reed (1971)- Supreme Court ruled against a law that discriminated against women, deciding that the Equal Protection Clause of the 14th Amendment denied unreasonable classifications based on gender Equal Employment Opportunity Act (1972)- prohibited gender discrimination in hiring, firing, promotions, pay, and working conditions Omnibus Education Act (1972)- Required schools to give all boys and girls an equal opportunity to participate in sports programs Equal Credit Opportunity Act (1974)- Prohibited geder discrimination against women seeking credit from banks, finance agencies, or the government and made it illegal to ask about a person's gender or maritial status on a credit application

People with Disabilities- Civil Rights

Rehabilitation Act (1973)- Prohibited discrimination against people with disabilities in federal programs Education for all Handicapped Children Act (1975)- guarantees that children with disabilities will receive an "appropriate" education

Women's Equity in Employment Act (1991)

Required employers to justify gender discriminations in hiring and job performance

Example of Supreme Court Rulings in the Free Exercise Clause (study in 5 Steps page 175)

Reynolds vs US (1879) Wisconsin v. Yoder (1972) Employment Division of Oregon v. Smith (1990) Church of the Lukumi Babalu Aye v. City of Hialeah (1993)

Cases pertaining to regulation of free speech (Study these in 5 steps)

Schenck v US (1919) Gitlow v. NY (1925) Cox v NH (1941) Chaplinsky v NH (1942) Tinker v Des Moines (1969) Brandenburg v Ohio (1969) Miller v California (1973) Texas v Johnson (1989) Reno v ACLU (1997)

Schenk v. United States (1919)

Schenk mailed flyers to WWI draftees urgung them to protest the draft peacefully. Was conviced of violating a federal law against ecouraging the disobedience of military orders. Oliver Wendell Holmes wrote in the opinion that souch speech was not protected during wartime because it would create a clear and present danger, establishing a standard for measuring what would and would not be protected speech

Rights of the Accused

Several amendments of the Bill of rights address the rights of those accused of crimes. The 14th Amendment extends those protections to apply to the states Fourth Amendment, Fifth Amendment, Sixth Amendment, Eighth Amendment

Black codes

State laws passed to keep former slaves in a state of political bondage. Laws included literacy tests, pill taxes, registration laws, and white primaries

Plessy v. Ferguson (1896)

Supreme Court upheld Jim Crow laws by allowing separate facilities for the different races if those facilities were equal. This created the separate but equal doctrine

Brown v. Board II (1955)

Supreme court ordered the desegregation of schools with "all deliberate speed"

The Establishment Clause

TJ: Constitution creates a "wall of separation" between church and state Because the church and gov't are separate in the US, Congress cannot establish any religion as the national religion, nor favor one religion over another, nor tax American citizens to support any one religion. Controversy concerning the exact meaning and extent of the Establishment Clause has led to actions by the Supreme Court in defining the parameters of the clause

Freedom of Assembly and Petition: Dejonge v. Oregon (1937)

The Court established that the right of association (assembly) was a simportant as other First Amendment rights and used the Due Process Clause of the Fourteenth Amendment to apply freedom of assembly to the states.

Miller v. California (1973)

The Court established the Miller test, which sets standards for measuring obscenity: 1) major theme appeals to indecent sexual desires applying contemporary community standards; 2) shows in clearly offensive way sexual behavior outlawed by state law; and 3) "lacks serious literary, artistic, political, or scientific value."

Mapp v. Ohio exclusionary rule

The Court ruled that evidence obtained without a search warrant was excluded from trial in state courts. Mapp v. Ohio involved the application of the exclusionary rule to the states. The exclusionary rule is the Court's effort to deter illegal police conduct by barring from court evidence that has been obtained in violation of the Fourth Amendment

Mapp v. Ohio (1961)

The Court ruled that evidence obtained without a search warrant was excluded from trial in state courts. The case involved the application of the exclusionary rule to the states. The exclusionary rule is the Court's effort to deter illegal police conduct by barring from court evidence that has been obtained in violation of the Fourth Amendment.

Texas v. Johnson (1989)

The Court ruled that flag burning is a protected form of symbolic speech

Miranda v. Arizona (1966)

The Court ruled that suspects in police custody have certain rights and that they must be informed of those rights (right to remain silent, right to an attorney)

Griswold v. Connecticut (1965)

The Court ruled that the 1st, 2nd, 3rd, 4th, 9th, and 14th amendments created "zones of privacy" and enhanced the concept of enumerated rights

Lemon v. Kurtzman (1971)

The Court struck down a Pennsylvania law reimbursing pariochal schools for textbooks and teacher salaries and established the Lemon test To pass the test: 1) A law must have a primarily secular purpose, 2) its principal effect must neither aid nor inhibit religion 3) it must not create excessive entanglement between government and religion

Property Rights

The Due Process Clauses of the Fifth and Fourteenth Amendments provide for the protection of private property by guaranteeing that the government cannot deprive a person of "life, liberty, or property, without due process of the law." Although the Supreme Court has not defined the term due process, it has generally accepted the concept of government acting in a fair manner according to established rules.

Eminent Doman

The Fifth Amendment states that government cannot take private property for public use without paying a fair price for it. This right of eminent domain allows government to take property for public use but also requires that government provide just compensation for that property.

The 14th Amendment provided for the expansion of individual rights

The Supreme Court in Gitlow V. New York (1925) and subsequent cases has interpretd the Due Process Clause of the 14th Amendment to apply the guarantees of the Bill of Rights to state and local governments: selective incorporation. Today, most local guarantees of the BOR have been incorporated to apply to the state and local governments

NYT v. United States (1971)

The court reaffirmed its position of prior restraint, refusing to stop the publication of the Pentagon Papers and strengthening freedom of the press

2nd Amendment: McDonald v. City of Chicago (2010)

The court struck down a handgun ban similar to DC at the state level, using judicial precedents under the 14th Amendment's Due Process Clause. These rules strengthen citizens' rights to keep and bear arms for self-defense in your own home.

Strict Scrutiny test

The courts have developed this test as a much stricter standard, in which the government must provide a compelling reason for the discrimination. (reflective of historical/traditional discrimination)

Procedural due process

The method of government action or how law is carried out, according to established rules and procedures. Although the Due Process Clause has often been applied to those accused of crimes (the guarantee of a fair trial would be due process), due process has also been used to protect property rights.

Civil Liberties: Constitution

The original Constitution mentions specific rights considered to be fundamental freedoms by the Founding Fathers: writ of habeas corpus, no bills of attainder, no ex post facto laws, trial by jury

Roe v. Wade (1973)

The outcome was a continuation of the recognition of a constitutional right of privacy for a woman to determine whether to terminate a pregnancy while recognizing that the state may have a compelling interest in maternal life and health.

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Fourth Amendment: Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Civil Rights Act of 1957

created the Civil Rights Division within the Justice Department and made it a crime to prevent a person from voting in federal elections

Civil Rights Act of 1991

made it easier for job applicants and employees to bring suit against employers with discriminatory hiring practices

Supreme Court Ruling Obergefell v. Hodges (2015)

same sex couples in the US have the right to marry

Brown v. Board of Education (1954)

the Supreme Court overturned the Plessy decision, ruling that separate but equal is unconstitutional. The court determined that "separate but equal" was a violation of the Equal Protection Clause of the 14th Amendment

Pure speech

the most common form of speech, verbal speech; given the most protective by the courts

Until the 1950s and 60s, states continued to...

use discriminator practices to prevent African Americans from participating in political processes

No bills of attainder

you cannot be punished without a trial