civil liberties & civil rights

Chapter 4
Civil
Liberties
Christina Dicken/Chronicle-Tribune/AP Photo

Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.

Learning Objectives
• LO 4.1 What is the constitutional basis for civil liberties in Amer
• LO 4.2 What freedoms does the First Amendment guarantee?
• LO 4.3 What is the basis for a constitutional right to privacy, an
• LO 4.4 What are the constitutional rights of people accused of c
• LO 4.5 What civil liberties issues are raised by the conduct of th


LO 4-1
To Learning Objective

The Constitution and Civil Liberties
• The U.S. Constitution
– Protections for the individual against the
coercive power of the state
– Bill of Rights - first 10 amendments.
– 14th Amendment Due Process Clause:
• Selective Incorporation
• Fundamental Rights


LO 4-1

The Constitution and Civil Liberties
• State Constitutions
– State constitutions must grant their
citizens all the protections guaranteed in
the U.S. Constitution.
– States may also guarantee citizens
more rights than the federal
Constitution.


LO 4-2

First Amendment Freedoms
• Government and Religion
– While the Bill of Rights guarantees individual
rights, none of the rights are absolute.
– However, the religious beliefs of some groups
come into conflict with federal and state law.
– Establishment of Religion
• Supreme Court has attempted to strike a
balance.
• Rulings on government aid to parochial
schools

LO 4-2

– Free Exercise of Religion
• Disputes concerning freedom
of religion fall under two
general categories.
– Deliberate effort of
government to restrict
activities of controversial
religious groups
– Impact on religious
practice of general laws
and government
procedures that are
otherwise neutral with UPI/Monika Graff /Landov
respect to religion


LO 4-2

• Freedom of Expression
– Free expression is a fundamental right.
– The Supreme Court has ruled that
restrictions on freedom of speech can
exist.


LO 4-2

• Freedom of Expression
– Antigovernment Speech
– Expression that threatens
the public order
– Hate crimes legislation
– Symbolic expression


LO 4-2

• Freedom of the Press
– Obscenities
– Defamation
– Prior Restraint
• Prevent publication or broadcast of
material that the government finds
objectionable


LO 4-3

Privacy Rights
– Not specifically mentioned in the
Constitution
– Based on the Due Process Clause of the
14th Amendment
– Key cases
• Access to contraceptives
• Banning abortion
• Criminalizing private consensual sexual
contact between adults of the same sex

LO 4-3

Susan Steinkamp/CORBIS


LO 4-4

Due Process of Law and the
Rights of the Accused
– Searches and Seizures
• Protected by 4th Amendment
• Judicial warrant or probable cause needed for
most searches
• Court allows “good faith exceptions.”
• Exclusionary Rule: Mapp v. Ohio (1961)


LO 4-4

Due Process of Law and the
Rights of the Accused
– Miranda Warning
• Originated in Miranda v. Arizona (1966)
– Double Jeopardy – 5th Amendment
– Fair Trial
• 6th Amendment guarantees a speedy trial,
a public trial, a trial by an impartial jury,
and the right to legal counsel.
– Cruel and Unusual Punishments
• Capital punishment

LO 4-4
To Learning Obje


LO 4-5
To Learning
Objectives

Civil Liberties and the
War on Terror
• Hamdi v. Rumsfeld: Court held that the
president could not deprive detainees of
their right to due process.
• Boumediene v. Bush: Court declared that
terror suspects held at Guantánamo have a
constitutional right to seek their release in
federal court.


To Learning LO 4-5
Objectives

Northwestern University Library


Using the Due Process Clause of the 14th
Amendment, the Supreme Court has applied
most of the provisions of the national Bill of
Rights to the states through

a. Application of civil liberties.
b. Definition of fundamental rights.
c. Selective incorporation.
d. Due process fundamentals.

Using the Due Process Clause of the 14th
Amendment, the Supreme Court has applied most
of the provisions of the national Bill of Rights to the
states through

a. Application of civil liberties.
b. Definition of fundamental rights.
c. Selective incorporation.
d. Due process fundamentals.

Which of the following is considered to be
protected speech under the Freedom of
Expression Clause of the First Amendment?

a. Burning the American flag
b. Wearing a t-shirt that says “F**** the
Government!”
c. Saying “the President is an idiot”
d. All of the above forms of speech are protected

Which of the following is considered to be
protected speech under the Freedom of
Expression Clause of the First Amendment?

a. Burning the American flag
b. Wearing a t-shirt that says “F**** the
Government!”
c. Saying “the President is an idiot”
d.All of the above forms of speech are
protected

Which state carried out the most
executions between 1976 and
2009?
a.California
b.Florida
c.Texas
d.New York

Chapter 5
Civil Rights

Bettmann/Corbis


Learning Objectives
• LO 5.1 What is the constitutional basis for civil rights in
America?
• LO 5.2 How does the Equal Protection Clause affect civil
rights for African Americans and other groups?
• LO 5.3 What is the history of voting rights in America?
• LO 5.4 What steps has government taken to protect
women and minorities from discrimination?
• LO 5.5 How can universities and employers use affirmative
action to increase enrollment and employment of women
and minorities?


LO 5-1
To Learning
Objectives

The Constitution and Civil Rights
• 14th and 15th Amendments:
– 14th Amendment recognizes citizenship
rights.
• Equal Protection Clause
• Due Process Clause
– 15th Amendment recognizes voting rights.
• Right to vote cannot be denied on
“account of race, color, or previous
condition of servitude.”


LO 5-2
To Learning
Objectives

Equal Rights
• Civil Rights
– Protections of the individual from arbitrary or
discriminatory acts by the government or by other
individuals based on an individual’s group status
– Racial Equality
• Plessy v. Ferguson (1896), separate-but-equal
• Brown v. Board of Education of Topeka (1954)
• Swann v. Charlotte-Mecklenburg Board of
Education (1971), de jure segregation


LO 5-2
To Learning
Objectives

Andersen Ross/Blend Images/PhotoLibrary


LO 5-2
To Learning
Objectives

Equal Rights
• Other Equal Rights Issues
– Suspect Classification
• This is the doctrine used when considering
discrimination.
• Certain types of distinctions among persons violate
the Equal Protection Clause.
• Race, ethnicity, and citizenship status are suspect
classifications.
– Gender Discrimination: the Court has not added gender to
its list of suspect classifications.
– Sexual Orientation: Romer v. Evans (1996)


LO 5-3
To Learning
Objectives

Voting Rights

• Suffrage:
the legal right
to vote.

Bettman/Corbis

• Disenfranchisement: taking
away the right to vote.

North Wind Picture Archives LO 5-3
To Learning
Objectives

Hulton Archive/Getty Images

LO 5-3
To Learning
Objectives

Voting Rights
• Voting Rights and Representation
– Many states employed different tools to
disfranchise African Americans.
• White Primary
• Tests of Understanding
• Grandfather Clause
– Voting Rights Act (VRA) 1965


LO 5-4
To Learning
Objectives

Freedom from Discrimination
– Public Accommodations - Civil Rights Act of 1964
• Fought discrimination in public housing and urban
renewal
• Criminalized discrimination based on race, religion,
color, sex, or national origin in public places including
private businesses such as hotels and restaurants
• Fair Housing Act of 1968
– Racially restrictive covenants prevented home sales to
African Americans. Shelly v. Kraemer (1948)
– Congress has enacted legislation extending civil rights
protection to groups based on criteria other than race,
religion, color, gender, or national origin.


LO 5-4
To Learning
Objectives

• Housing
– Racially restrictive covenants
– Fair Housing Act of 1968 prohibited discrimination in all
transactions involving Realtors.

• Employment
– Civil Rights Act of 1991 declared that hiring practices
that have a disproportionate impact on women and
minorities must be job-related and necessary.
– Sexual Harassment - Two forms:
• Quid pro quo
• Hostile work environment

LO 5-4
To Learning
Objectives

• Expanding and Limiting Protections
– Americans with Disabilities Act: ended discrimination
against disabled persons.
– Title IX of the Education Amendments of 1972: prohibits
gender discrimination in programs at educational
institutions that receive federal funds.
– Gay Marriage: many states have legalized gay marriage
with several others legalizing a civil union for gay
couples.
– Boy Scouts of America v. Dale (2000): Court ruled in
favor of Boy Scouts in its dismissal of a gay scout
leader.


LO 5-5
To Learning
Objectives

Affirmative Action
• Refers to steps taken to ensure equal
opportunities in employment and college
admissions for racial minorities and women
• Equal Employment Opportunity Commission
(EEOC)
• Minority Business Set-Aside: a legal requirement
that firms receiving government grants or
contracts allocate a certain percentage of
purchases to minority-owned businesses.
• Regents of the University of California v. Bakke
(1978): reverse discrimination; the Court
disallowed quotas.

LO 5-5
To Learning
Objectives


If someone is not hired for a job
because of their race or gender,
it is a violation of their
a.Civil liberties.
b.Civil rights.
c.Right to Due Process.
d.Privacy rights.

Which Supreme Court case held that states could
require separate facilities for African Americans
and Anglos as long as the facilities were equal?

a. Brown v. Board of Education of Topeka
b. Plessy v. Ferguson
c. Gideon v. Wainwright
d. Sweatt v. Painter

Which Supreme Court case held that states could
require separate facilities for African Americans
and Anglos as long as the facilities were equal?

a. Brown v. Board of Education of Topeka
b.Plessy v. Ferguson
c. Gideon v. Wainwright
d. Sweatt v. Painter

Which of the following statements is true regarding
consideration of a student’s race during a college’s
admissions process?

a. Colleges can “set aside” a percentage of admission slots
for minority applicants.
b. Colleges can give extra points to minority candidates
when considering applicants for admission.
c. Colleges can consider race as a “plus factor” during an
individualized admissions process.
d. Race can never be a factor in deciding whether or not to
admit a student to a college.

Which of the following statements is true regarding
consideration of a student’s race during a college’s
admissions process?

a. Colleges can “set aside” a percentage of admission slots
for minority applicants.
b. Colleges can give extra points to minority candidates
when considering applicants for admission.
c. Colleges can consider race as a “plus factor” during
an individualized admissions process.
d. Race can never be a factor in deciding whether or not to
admit a student to a college.

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