Civil Liberties
       &
 Civil Rights
   Dr. Christopher S. Rice
Civil Liberties
 Individuals’ freedoms
  and legal protections
 that cannot be denied
   or hindered by the
actions of gov...
Embodied in
Bill of Rights as
 prohibitions
     against
 government
  actions that
    threaten
    freedom.
Liberties in the Constitution
  Writ of Habeas Corpus

  Prohibition on Bills of Attainder

  Prohibition on ex post facto...
Dred Scott
v. Sandford
   (1857)
Rights of Property in
   Human Beings
Argued
  Founders
   believed
blacks had no
rights whites
    were
compelled to
   respect.
Civil War Amendments
13th Amendment – outlawed slavery

14th Amendment – reversed Dred Scott;
Due Process and Equal Protec...
On paper vs. reality…
Civil Rights Cases of 1883 – Equal
Protection clause did not include
racial discrimination by privat...
Incorporation
The process used by the Supreme
 Court to protect individuals from
    actions by state and local
 governmen...
Freedom of Speech
Gitlow v. New York (1925)
Schenck v.
  United
  States
  (1919)
“Clear and
 Present
 Danger”
   Test
Limitations on Speech
Speech mixed with conduct may be
restricted under certain conditions.

Symbolic Expression

Use of p...
Limitations on Speech
Imminent-lawless action test –
Brandenburg v. Ohio (1969): can’t incite
harmful actions

Libel – pub...
Limitations on free speech
 Certain types of obscenity

 “Fire!”

 Where you may protest

 Any others?
Right to Privacy?
Right to Privacy
3rd Amendment – prohibition against
quartering of soldiers in our homes.

4th Amendment – prohibition aga...
Right to Privacy
Griswold v. Connecticut (1965) – ruled a right to
privacy exists as basis for striking down laws
making b...
“Strict Constructionism”
Civil Rights
Legal protections concerning
    equality and citizens’
participation in the country’s
   democratic governin...
Civil Rights vs. Civil Liberties
    Civil Rights are government
    guarantees of political equality.

    Civil Libertie...
Equality for African-Americans
   Plessy v. Ferguson (1896) - “Separate but
   Equal”

   Circumventing voting guarantees ...
Equality for African-Americans
  Brown v. Board of Education of Topeka,
  KS (1954)
   Reversed Plessy: “Separate educatio...
Civil Rights Act of 1964
Barred unequal application of voter registration requirements,
but did not abolish literacy tests...
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PS 101 Civil Liberties & Civil Rights

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PS 101 Civil Liberties & Civil Rights

  1. 1. Civil Liberties & Civil Rights Dr. Christopher S. Rice
  2. 2. Civil Liberties Individuals’ freedoms and legal protections that cannot be denied or hindered by the actions of government.
  3. 3. Embodied in Bill of Rights as prohibitions against government actions that threaten freedom.
  4. 4. Liberties in the Constitution Writ of Habeas Corpus Prohibition on Bills of Attainder Prohibition on ex post facto laws Prohibition on states from impairing the obligation of contracts.
  5. 5. Dred Scott v. Sandford (1857)
  6. 6. Rights of Property in Human Beings
  7. 7. Argued Founders believed blacks had no rights whites were compelled to respect.
  8. 8. Civil War Amendments 13th Amendment – outlawed slavery 14th Amendment – reversed Dred Scott; Due Process and Equal Protection Clauses 15th Amendment – States couldn’t deny right to vote based on “race, color or previous condition of servitude.”
  9. 9. On paper vs. reality… Civil Rights Cases of 1883 – Equal Protection clause did not include racial discrimination by private parties. Plessy v. Ferguson (1896) – States could require separation of the races on intrastate railways if “equal” facilities for the races were provided.
  10. 10. Incorporation The process used by the Supreme Court to protect individuals from actions by state and local government by interpreting the due process clause of the 14th Amendment as containing selected provisions of the Bill of Rights.
  11. 11. Freedom of Speech
  12. 12. Gitlow v. New York (1925)
  13. 13. Schenck v. United States (1919) “Clear and Present Danger” Test
  14. 14. Limitations on Speech Speech mixed with conduct may be restricted under certain conditions. Symbolic Expression Use of profanity or “fighting words” Hate Speech has generally not been as restricted.
  15. 15. Limitations on Speech Imminent-lawless action test – Brandenburg v. Ohio (1969): can’t incite harmful actions Libel – published false and harmful information Slander – spoken false and harmful information Classified information – national security documents
  16. 16. Limitations on free speech Certain types of obscenity “Fire!” Where you may protest Any others?
  17. 17. Right to Privacy?
  18. 18. Right to Privacy 3rd Amendment – prohibition against quartering of soldiers in our homes. 4th Amendment – prohibition against unreasonable search and seizure. 1st Amendment Rights 9th Amendment – Protection of non- enumerated rights.
  19. 19. Right to Privacy Griswold v. Connecticut (1965) – ruled a right to privacy exists as basis for striking down laws making birth control illegal. Roe v. Wade (1973) – also decided on the basis of this right to privacy. Lawrence and Garner v. Texas (2003) – Court decided 6-3 that Texas sodomy laws violated due process clause of 14th Amendment. (“State cannot demean their existence or control their destiny by making their private sexual conduct a crime.”
  20. 20. “Strict Constructionism”
  21. 21. Civil Rights Legal protections concerning equality and citizens’ participation in the country’s democratic governing process.
  22. 22. Civil Rights vs. Civil Liberties Civil Rights are government guarantees of political equality. Civil Liberties protect individuals from governmental interference. Civil rights tend to apply to groups, civil liberties are individual protections.
  23. 23. Equality for African-Americans Plessy v. Ferguson (1896) - “Separate but Equal” Circumventing voting guarantees of the 15th Amendment: Poll Tax Literacy Test (+ Grandfather Clause) White Primaries Terror and Intimidation (has this really ended?)
  24. 24. Equality for African-Americans Brown v. Board of Education of Topeka, KS (1954) Reversed Plessy: “Separate educational facilities inherently unequal” 1954 Gallup poll - substantial majority of Southern whites opposed decision. 1954 Gallup poll - only a slim majority of whites outside the South agreed with the decision The struggle for civil rights was on…
  25. 25. Civil Rights Act of 1964 Barred unequal application of voter registration requirements, but did not abolish literacy tests. Outlawed discrimination in: Hotels Motels Restaurants Theaters all other public accommodations engaged in interstate commerce exempted private clubs without defining quot;private,quot; thereby allowing a loophole.

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