Civil Liberties and Civil Rights

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					Civil Liberties and
   Civil Rights
               Civil Liberties
   Those rights guaranteed to you in the Bill
    of Rights
                    Bill of Rights
   Framers had three objectives in regards to civil
    liberties
       Wanted to limit federal powers and assure the rights
        and liberties found in several state constitutions
       Wanted the Constitution to be a document
        proclaiming what the federal government could do
       Any mention of what the government could not do
        was meant to apply ONLY to federal government
    Reasons why Civil Liberties have created
     major issues in the history of the nation
   Bill of Rights contains competing rights
   Government officials have often been
    successful at taking action against the
    rights of political or religious dissidents
   Cultural differences of immigrants have
    created conflicts
            First Amendment
   Freedom of Speech, Assembly, Religion,
    Press, Petition
            Non-Protected Speech
   Libel
       Written statement defaming another with
        false information
   Slander
       Defamatory oral statement
   Burden of proof in libel and slander tends
    to be higher for public figures because
    they must show actual malice
                  Obscenity
   FCC has not created an enduring and
    comprehensive definition
   Contemporary community standards and
    based on whether the material in question
    had “serious literary, artistic, political, or
    scientific value.”
                  Symbolic Speech
   An expression through acts rather than
    words
       Is not protected when it involves an illegal act
            Burning a draft card
       Protected when no illegal act is involved
            Burning a flag, black arm bands
           Definition of a Person
   Corporations and organizations usually
    have the same First Amendment rights as
    individuals
   More restrictions are placed on
    commercial speech
   Young people have fewer rights than
    adults
       School newspapers may be censored
            Church and State
   Religious rights on the First Amendment
    are protected by two different clauses
        The Free-exercise Clause
   The government cannot interfere with an
    individual’s practice of religion
   The law may not impose special burdens on
    religion
   However there are no religious exemptions from
    a law binding all other citizens, even if that law
    oppresses one’s religious beliefs
       Ex. Refusing to work on Saturday if it is your holy day
        The Establishment Clause
   Interpreted to mean no government
    involvement in religion, even if the
    involvement is not preferential
   Some government aid to parochial schools
    and denominational colleges has been
    allowed
       Secular purpose that neither advances nor
        inhibits religion
       Does not create excessive government
        entanglement
           Rights of the Accused
   Contained in the 4th, 5th , and 6th
    Amendments
       Prohibition against unreasonable searches and
        seizures
       Rights when accused, due process
       Rights when on trial
              Exclusionary Rule
   Derived from 4th amendment, freedom
    from unreasonable searches and 5th
    amendment protection against self-
    incrimination
       Mapp v Ohio, the Supreme Court ruled that
        the exclusionary rule applies to the states as
        well as the federal government
    What is a reasonable search?
   Properly obtained search warrant
       Probable cause to believe that a crime has
        been committed and the evidence bearing on
        that crime will be found at a certain location
   Can be searched in the process of a lawful
    arrest, items in plain view, and items
    immediately under control of the individual
            Searches in Cars
   Recently the Court has allowed more
    searching of a car upon arrest
   Concern for public safety
             Miranda v Arizona
                   1966
   Set guidelines for police questioning the
    accused by forcing officers to read
    suspects their rights
   Were designed to protect the accused
    against self-incrimination and to protect
    their right to counsel
     Terrorism and Civil Liberties
   Patriot Act was designed to increase
    federal powers in investigating terrorists
   The government may tap any telephone
    used by a suspect after receiving a court
    order
   The government may tap Internet
    connections with a court order
   The government may seize voicemail with
    a court order
   Investigators can share information
    learned in grand jury proceedings
   Any non-citizen may be held as a security
    risk for seven days, or longer if certified to
    be a security risk
   The federal government may track money
    across U.S. borders and among banks
   The statute of limitations on terrorist
    crimes is eliminated, with increased
    penalties
   An executive order proclaimed that any
    non-citizen believed to be a terrorist or to
    have harbored a terrorist would be tried
    by a military court
       Military Court Operations
   Accused are tried before a commission of
    military officers
   A 2/3 vote of the commission is needed to
    find the accused guilty
   An appeal by the accused may be only to
    the secretary of defense or to the
    president
       Other Rights Guaranteed in
            The Bill of Rights
   Right to Bear Arms
   Private citizens do not have to quarter
    troops
   Right to trial in civil suits
   No excessive bail or cruel and unusual
    punishment
   Un-enumerated rights protected
   States reserved powers
                 Civil Rights
   The rights of citizens to receive equal
    treatment before the law
      Civil Rights Movement in the
                  Courts
   14th amendment was both an opportnity
    and a problem for black activists
   A guarantee of equal rights for all
   Narrowly interpreted to mean equal legal
    rights, but otherwise could be treated
    differently
   Narrow view adopted in Plessy v Ferguson
    (1896)
                        NAACP
   Established in 1909 to lobby Washington and
    publicize black grievances
   Most influential role was in the courtroom
   Three step process to attack school segregation
       Declare unconstitutional laws creating separate
        schools obviously unequal
       Declare unconstitutional laws creating separate
        schools that were no so obviously unequal
       Rule that separate schools are inherently unequal and
        unconstitutional
     Brown v Board of Education
   Landmark decision, Court ruled that
    separate schools were inherently unequal
    and overturned Plessy in a unanimous
    decision
   Class action suit that applied to all
    similarly situated African American
    students
   Integration should proceed with all
    deliberate speed
               de jure v de facto
   de jure, by law
       In the South, clearly unconstitutional as a
        result of Brown
   de facto, residential
       In the North, based on where people lived
   Integration came to be defined by the
    courts as a “unitary, nonracial system of
    education”
    Swann v Charlotte-Mecklenburg
      Board of Education (1971)
   To violate the Constitution a school system must
    have intended to discriminate
   A one race school creates the presumption of
    intent to discriminate
   Remedies for past discrimination can include
    quotas, busing, and redrawn district lines
   Not every school must reflect the racial
    composition of the entire system
        Civil Rights and Congress
   Four developments changed the civil rights
    movements’ chances in Congress
       Public opinion became more favorable toward the
        movement as the years wore on
       Violent reactions by white segregationists received
        extensive coverage by the media
       Assassination of Pres. Kennedy gave Pres. Johnson a
        period of strong relations with Congress
       1964 election was a Democratic landside that allowed
        northern Democrats to seize power in Congress
          Congressional Actions
   Five important civil rights bills were
    passed between 1957 and 1968
   Significant voting rights laws were passed
    in 1957, 1960, and 1965
   High point of civil rights legislation was
    Civil Rights Act of 1964
       Assured equality of opportunity in
        employment, public accommodations, voting,
        and schools
          Women and Equal Rights

   Feminist movement reappeared in the
    1960s
   Questioned the claim that women differed
    from men in ways that justified differences
    in legal status
   Congress responded by passing laws that
    required equal pay for equal work and
    prohibited discrimination in education and
    employment
                       Military
   Rostker v Goldberg (1981)
       The Supreme Court held that Congress can
        require men but not women to register for the
        draft without violating the due-process clause
        of the 5th Amendment
   1993 the secretary of defense allowed
    women to have air and sea combat
    positions but not ground combat positions
                Sexual Harassment
   Types
       Quid pro quo
            Sexual favors are expected in return for holding a
             job or gaining a promotion
       Hostile environment
          Creating a setting in which harassment impairs a
           person’s ability to work
          Employers are liable in this form if they are
           negligent
                    Abortion
   Issue was left up to the states until 1973 when
    Roe v Wade declared a Texas law that banned
    abortion unconstitutional
   During the 3rd trimester states can ban abortion
    because the fetus is viable
   1976 Congress barred the use of federal funds
    to pay except when mother’s life is in danger
   1989 Supreme Court upheld the right of states
    to impose some restrictions
   1992 Court permitted more restrictions such as a
    24 hour waiting period
               Affirmative Action
   Equality of opportunity vs. equality of
    results
   1978 Bakke Case
       Supreme Court ruled that numerical minority
        quotas are not permissible but that race could
        be considered in admissions policies
           Affirmative action cont.
   In a landmark 2003 case involving the University of Michigan's
    affirmative action policies-one of the most important rulings on the
    issue in twenty-five years-the Supreme Court decisively upheld the
    right of affirmative action in higher education.
   Two cases, first tried in federal courts in 2000 and 2001, were
    involved
      the University of Michigan's undergraduate program (Gratz v.
         Bollinger)
      its law school (Grutter v. Bollinger).
   The Supreme Court (5-4) upheld the University of Michigan Law
    School's policy, ruling that race can be one of many factors
    considered by colleges when selecting their students because it
    furthers "a compelling interest in obtaining the educational benefits
    that flow from a diverse student body."
.
   The Supreme Court, however, ruled (6-3) that
    the more formulaic approach of the University of
    Michigan's undergraduate admissions program,
    which uses a point system that rate students
    and awards additional points to minorities, had
    to be modified. The undergraduate program,
    unlike the law school's, did not provide the
    "individualized consideration" of applicants
    deemed necessary in previous Supreme Court
    decisions on affirmative action.
   In the Michigan cases, the Supreme Court ruled that
    although affirmative action was no longer justified as a
    way of redressing past oppression and injustice, it
    promoted a "compelling state interest" in diversity at all
    levels of society.
        A record number of "friend-of-court" briefs were filed in support
        of Michigan's affirmative action case by hundreds of
        organizations representing academia, business, labor unions,
        and the military, arguing the benefits of broad racial
        representation.
       As Sandra Day O'Connor wrote for the majority, "In order to
        cultivate a set of leaders with legitimacy in the eyes of the
        citizenry, it is necessary that the path to leadership be visibly
        open to talented and qualified individuals of every race and
        ethnicity."
       Other Areas of Civil Rights
               Conflicts
   Immigration



   Gay Rights

				
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posted:8/3/2012
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