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