Civil Liberties Chapter Explains First Amendment Freedoms

Chapter 4 Civil Liberties
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accessible website, in whole or in part.
Civil Liberties
4
1
LEARNING OUTCOMES
Define the term civil liberties, explain how civil liberties differ
from civil rights, and state the constitutional basis for our civil
liberties
List the religious freedoms guaranteed by the First Amendment,
and explain how the courts have interpreted and applied these
freedoms
Describe how freedom of speech is protected by the First
Amendment, and show how the courts have implemented this
freedom
LEARNING OUTCOMES
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LEARNING OUTCOMES (continued)
Discuss why Americans are increasingly concerned about
privacy rights
Summarize how the Constitution and the Bill of Rights protect
the rights of accused persons
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America at Odds: Do U.S. Citizens Really Need Military-Style
Rifles?
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Under the Second Amendment, what limits, if any, should be
placed on the kinds of weapons that ordinary civilians can own?
Could a citizens’ militia possibly be effective against an
attempt to install a dictator?

Civil Liberties
Civil liberties: Individual rights protected by the Constitution
against the powers of the government
Often confused with civil rights
Civil liberties are limitations on government action
Civil rights specify what the government must do
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Safeguards in the Original Constitution
Writ of habeas corpus
Order that requires an official to bring a specified prisoner into
court and explain to the judge why he or she has been
imprisoned
Congress and state legislatures are prohibited from passing:
Bills of attainder: Inflict punishment without granting the right
to trial

Ex post facto laws: Punish for acts that was legal when they
were committed
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The Bill of Rights
Protects the rights of the minority against the will of the
majority
U.S. Supreme Court has the final say regarding the
interpretation of the Constitution and the Bill of Rights
Liberties/rights change over time
Extending the Bill of Rights to state governments
Founders feared tyranny of national government (not state
governments)
Fourteenth Amendment- 1868 began to be applied to the states-
Table 4-2
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Amendments in The Bill of Rights
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Bill of Rights
Amendment I - Religion, Speech, Press, Assembly, and Petition
Amendment II - Militia and the Right to Bear Arms
Amendment III - The Quartering of Soldiers
Amendment IV - Searches and Seizures
Amendment V - Grand Juries, Self-Incrimination, Double
Jeopardy, Due Process, and Eminent Domain
Bill of Rights
Amendment VI - Criminal Court Procedures

Amendment VII - Trial by Jury in Civil Cases
Amendment VIII - Bail and Cruel and Unusual Punishment
Amendment IX - The Rights Retained by the People
Amendment X - Reserved Powers of the States
Individuals with Limited Protection under the Fourteenth
Amendment
Noncitizens seeking to enter or remain in U.S. can be deported
even if their presence is lawful
1903 Supreme Court ruling
Government cannot deport without a hearing that meets
constitutional standards
Yet, courts have often accepted arguments that noncitizens
cannot make constitutional claims
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Freedom of Religion
Laws on religion in the colonies
Freedom of religion was the first freedom mentioned in the Bill
of Rights
Colonists showed little tolerance for religious freedom
1610 Jamestown- law requiring attendance at religious services
Guaranteed under the First Amendment
Establishment clause: Prohibits Congress from passing laws
respecting an establishment of religion
Free exercise clause: Government cannot pass laws prohibiting
the free exercise of religion
LO 2
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Establishment Clause
Wall of separation between church and state
Does not prohibit government from supporting religion in
general
Main church-state issues
Prayer in the schools
Teaching of evolution versus creationism
Government aid to parochial schools
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Prayer in Schools
Any religious or nondenominational prayer is unconstitutional
Lower courts have held that a school may require a moment of
silence only if it serves a clearly secular purpose
Public schools cannot sponsor religious activities
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Evolution versus Creationism
State laws forbidding the teaching of evolution in the schools
are unconstitutional
Intelligent design - Alternative to teaching evolution
Deemed to be inherently religious
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Aid to Parochial Schools
Limited to transportation, equipment, or special educational
services for disadvantaged students
Lemon test: Three-part test enunciated by the Supreme Court in
the 1971 case of Lemon v. Kurtzman
Conducted to determine if government aid to parochial schools
was constitutional
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Aid to Parochial Schools (continued 1)
To be constitutional, a state’s school aid must meet three
requirements
Purpose of the financial aid must be secular
Primary effect must neither advance nor inhibit religion
Aid must avoid an excessive government entanglement with
religion
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Aid to Parochial Schools (continued 2)
School vouchers: Educational certificates provided by a
government
Allow a student to use public funds to pay for private or a
public school chosen by the student or his/her parents
Voucher program in Cleveland, Ohio was ruled constitutional in
2002 by the Supreme Court
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Free Exercise Clause
Forbids passage of laws that prohibit the free exercise of
religion
Right to hold any belief is absolute
Right to practice one’s belief is limited
Right of parents to refuse treatment or vaccination for their

children is limited
Churches can’t endorse candidates for office or make campaign
contributions
Allowed to take positions on ballot proposals (funded Prop8)
LO 2
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Religion in the Workplace and Insurance for Birth Control
Title VII of the Civil Rights Act of 1964
Requires employers to accommodate their employees’ religious
practices
Burwell v. Hobby Lobby (2014)
For-profit corporations could be exempted from providing
certain birth control coverage if the owners objected on
religious grounds
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Freedom of Expression
Guaranteed by the First Amendment

Protects the freedom to express all ideas, including those that
may be unpopular
Also protects symbolic speech
Symbolic speech: Expressing beliefs, opinions, or ideas via
forms other than verbal speech or print
Right to free speech is not absolute
Supreme Court limits this right to protect other rights of
Americans
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Subversive or Seditious Speech
Urges resistance to lawful authority or advocates to overthrow
the government
Espionage Act of 1917
Measure taken by Congress to curb seditious speech
Bad tendency test - Restrict speech if it is likely to have
harmful consequences
Clear and present danger test - Restrict speech if it causes a
dangerous condition that Congress had the power to prevent
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Subversive or Seditious Speech (continued)
Imminent lawless action test: Current Supreme Court doctrine
for assessing the constitutionality of subversive speech
Speech can be forbidden only when it is directed to inciting
imminent lawless action
Hard standard for prosecutors to meet
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Limited Protection for Commercial Speech
Commercial speech: Advertising statements that describe
products
Receives less protection under the First Amendment than
ordinary speech
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Unprotected Speech
No person has the right to libel or slander another
Libel: Published report of a falsehood that injures a person’s
reputation or character
Slander: Public utterance that holds a person up for contempt,
ridicule, or hatred
Obscenity: Indecency in speech, expression, behavior, or
appearance
LO 3
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Remaining Restrictions on Pornography
Government has the right to impose restrictions on radio and
broadcast television
Making or possessing pornographic videos or photographs of
underage persons is a crime
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Free Speech for Students
Supreme Court
Allows elementary schools to regulate free speech
Has placed some restraints on freedom of expression in high
schools
Speech codes at public colleges and universities are ruled
unconstitutional
Political correctness: Criticizing others for speech that is
offensive to minority group members
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Freedom of the Press
Films, Radio, and TV
Few local censorship boards exist today- film industry regulates
by rating system
Federal Communications Commission FCC regulates airwaves,
grants licenses, imposes regulations on broadcasting
Eminem
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Freedom of the Press
Preferred-position doctrine - Certain freedoms are essential to a
democracy
Any law limiting them are unconstitutional, unless the
government states its necessity
Prior restraint or censorship
Removing objectionable materials from an item before it is
published
Opposed by the Supreme Court
Exception - School administrators can censor school
publications
LO 3
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Right to Privacy
Implied by other constitutional rights guaranteed in the First,
Third, Fourth, Fifth, and Ninth Amendments
Contraceptive use (Griswold v. Connecticut)- overturned a CT
law prohibiting contraceptives
Abortion (Roe v. Wade)- 1973 during the first trimester
abortion is an issue solely between a woman and her doctor
Right to Die (Cruzan v. Director, Missouri Department of
Health)- if there is clear and convincing evidence that the
patient did not want to remain on life support

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Right to Privacy: Euthanasia
Court upholds states’ rights to ban the practice
Court did not hold that state laws permitting assisted suicide
were unconstitutional
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Right to Privacy: Privacy Legislation for Personal Information
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Freedom of Information Act (1966)
Allows one to request copies of information about her or him in
government files
Privacy Act (1974)
Restricts government disclosure of data to third parties
Driver’s Privacy Protection Act (1994)
Prevents states from disclosing or selling a driver’s personal
information without the driver’s consent
Regulation protecting the privacy of medical information (2000)
Restricts health-care providers and insurance companies from
sharing a patient’s confidential information

Right to Privacy: Online Harassment
Cyberbullying
All states have laws against harassment
Not all of the laws are equally effective
Revenge porn
Outlawed by 34 states and the District of Columbia
Victims can also pursue civil lawsuits on a variety of grounds
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Personal Privacy and National Security
USA Patriot Act of 2001
Gave the government broad latitude to investigate people
vaguely associated with terrorists

FBI was permitted to use National Security Letters to gain
personal information about individuals from private companies
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National Security under President Obama
Restated the Bush policy to hold suspected terrorists
indefinitely without a trial
Charged or convicted individuals who leaked national security
information to the press under the Espionage Act of 1917
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NSA Revelations
Facilitated by Edward Snowden
Metadata
Information regarding every phone call made in the United
States
PRISM
Used to accumulate data from the servers of major corporations
Bugging foreign leaders
Created serious diplomatic problems for the U.S. government
LO 4

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USA Freedom Act (2015)
Resulted from the joint efforts of the Republican libertarians
and the left-leaning Democrats
Attempts to control the NSA’s collection of metadata on
domestic phone calls
Clarifies duties of the Foreign Intelligence Surveillance Court
(FISC)
FISC must now release justifications for key rulings
LO 4
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Rights of the Accused
Fourth Amendment
Protection from unreasonable searches and seizures
No warrant for a search or an arrest can be issued without
probable cause
Fifth Amendment

No one can be deprived of life, liberty, or property, without due
process of law
Prohibition against double jeopardy
Provision against self-incrimination
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Rights of the Accused (continued)
Sixth Amendment
Guarantee of a speedy trial, a trial by jury, a public trial, and
the right to confront witnesses
Guarantee of the right to counsel at various stages in some
criminal proceedings
Eighth Amendment
Prohibitions against excessive bail and fines and against cruel
and unusual punishments
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Rights of the Accused: Exclusionary Rule
Illegally obtained evidence is not admissible at trial
Forces law enforcement personnel to gather evidence properly

2014 Supreme Court ruling
Searching the digital contents of a cell phone during an arrest is
unconstitutional unless law enforcement has a search warrant
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The Miranda Warnings
Series of statements informing criminal suspects, upon arrest, of
their constitutional rights
Required by the Supreme Court’s 1966 decision in Miranda v.
Arizona
Exception
Suspect’s conviction is not overturned if the suspect was
coerced into making a confession
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Rights of the Accused: Recording Confessions
Law enforcement agencies digitally record interrogations and
confessions
Helps save time and money
Creates valuable evidence
Makes it difficult for defense attorneys to claim illegal coercing
of their clients

Satisfies the Fifth Amendment’s prohibition against coercion
and renders the Miranda warnings unnecessary
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Privacy Rights versus Secret Searches
Click picture to play video
Microsoft sues the U.S. Department of Justice
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INSTRUCTOR: To find the video, search “Microsoft sues U.S.
government over email searches” on YouTube. The video will
be hosted by CBSN. You can also visit the page directly at
https://www.youtube.com/watch?v=qA0CM5RSsmQ
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Questions
Should tech companies such as Microsoft do everything in their
power to aid federal investigations for terrorism?
Why or why not?
Identify some conflicts between our privacy rights and the
government’s need to conduct secret searches

Discuss these conflicts with the class
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Questions (continued)
Does the government go too far in searching for information in
digital data?
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KEY TERMS
Civil liberties
Writ of habeas
corpus
Bill of attainder
Ex post facto law
Due process clause
Due process of law
Establishment clause
Free exercise clause
Lemon test
School voucher
Symbolic speech
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KEY TERMS
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KEY TERMS (continued)
Seditious speech
Imminent lawless
action test
Commercial speech
Libel
Slander
Political correctness
Obscenity
Probable cause
Double jeopardy
Self-incrimination
Exclusionary rule
Miranda warnings
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SUMMARY
Civil liberties protect citizens from government actions
First Amendment guarantees the freedoms of religion,
expression, the press, and assembly and the right to petition
Right to privacy is implied by other constitutional rights
Accused persons are protected by the Bill of Rights
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SUMMARY
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Chapter 6 Interest Groups
Interest Group
6
1
LEARNING OUTCOMES

Explain what an interest group is, why interest groups form,
and how interest groups function in American politics
Identify the various types of interest groups
Discuss how the activities of interest groups help to shape
government policymaking
Describe how interest groups are regulated by government
LEARNING OUTCOMES
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America at Odds: Are Farmers Getting a Deal That’s Too Good?
What effect might farm programs have on rural residents who
are not farmers?
Soybeans are the nation’s second-largest crop, after corn
Half of all U.S. soybeans are exported, many of them to feed
Chinese pigs
If China made large cuts in U.S. soybean imports due to a trade
dispute, how would this affect U.S. farmers?
Tariffs
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Interest Groups
Organized group of individuals who share common objectives
Actively try to influence policymakers

Right to form interest groups is protected by the Bill of Rights
Provides citizens the right to petition the government
Lobby government officials
Sue the government
Submit requests to the government
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Reasons Why Interest Groups Are Formed
To affect government policies or practices
To expand government's scope of activities
To defend the group’s interests from a perceived threat
More than two-thirds of all Americans belong to at least one
group- not all political
Range from small local environmental groups to the National
Education Association
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Incentives to Join a Group
Purposive incentive: Satisfaction from working for a cause in
which one believes
Amnesty International
Solidary incentive: Pleasure in associating with like-minded
individuals
Material incentive: Practical benefits such as discounts,
subscriptions, or group insurance
AAA, AARP
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Free Rider Problem
Existence of people who benefit from public good without
contributing to it
People cannot be excluded from enjoying a public good- clean
air, national defense
Ways to address the issue
Social pressure can make people join or donate to a group
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Functions of Interest Groups in American Politics
Purposes served by interest groups
Bridging the gap between citizens and government and enabling
citizens to explain their views on policies
Raising public awareness and inspiring action on various issues
Providing public officials with information useful in making
policy choices
Serving as a check on public officials
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Theories of American Democracy
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Pluralist theory

Views politics as a contest among various interest groups to
gain benefits for their members
Majoritarianism
Belief that public policy is or should be set in accordance with
the opinions of a majority
Elite theory
Belief that the government is controlled by one or more elite
groups
Evaluating Theories of American Democracy
Pluralism and elite theory contain elements of truth
Majoritarianism is only an ideal
Policy
Strongly influenced by preferences of interest groups and of

economic elites
Not influenced by average citizens when they are separated
from the preferences of interest groups
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Interest Groups versus Political Parties
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Interest groups
Policy specialists
Political parties
Policy generalists

More tightly organized than political parties
Try to influence the outcome of elections but do not compete
for public office
Not well organized as interest groups
Main sphere of influence is the electoral system
Types of Interest Groups
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Business interest groups
Trade organizations
Agricultural interest groups
Labor and professional interest groups
Unions - Public sector unions
Professional interest groups
Public-interest and other types of groups
Consumer interest groups
Identity interest groups
Ideological interest groups
Single-issue interest groups
Government interest groups

Trade Organizations
Formed by members of a particular industry
Develop common industry standards and goals
Lobby government for regulations that specifically benefit its
members
Donations to political parties reflect business leaders’ political
affiliations
Often support both parties
To ensure benefits regardless of who wins
To avoid political disfavor
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Agricultural Interest Groups

Three broad-based agricultural groups that represent American
farmers are:
American Farm Bureau Federation (Farm Bureau) - Largest and
the most effective
National Grange
National Farmers Union
Have been successful in winning subsidies from the federal
government
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Unions
Press for policies to improve working conditions and ensure
better pay
Reasons for decline
Fall in the proportion of the nation’s workforce in blue-collar
activities
Political environment
Lack of acceptance as legitimate institutions
Right-to-work laws depress unionization rates in states
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Union Membership

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Public-Sector Unions and Professional Interest Groups
Public-sector unions
Do not have the right to strike over wages and working
conditions
Hold the right to vote for their own bosses
Allow workers enjoy generous pension benefits
Professional interest groups
Concerned with the standards of their professions
Also work to influence the government
Can be divided over competing interests
LO 2
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Public-Interest and Other Types of Groups
Some interest groups have aims other than benefiting economic
interests

Public-interest group: Formed for the purpose of working for
the public good
American Civil Liberties Union
Common Cause
LO 2
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Public-Interest and Other Types of Groups (continued 1)
Consumer interest groups
Organized to protect consumer rights
Identity interest groups
Organized by Americans who share the same race, ethnicity,
gender, or other characteristics
Ideological interest groups
Promote a shared political perspective
Example - The Tea Party movement and environmental and
religious groups
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Public-Interest and Other Types of Groups (continued 2)
Single-issue interest groups
Focus on a single issue
Government interest groups
State and local governments lobby the federal government for
federal funds
Federal government has lobbied individual states
LO 2
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How Interest Groups Shape Policy
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Direct techniques
Used to interact with government officials directly to further the
group’s goals
Include lobbying and providing election support

Indirect techniques
Used to influence government officials through third parties,
such as voters
Include shaping public opinion, rating systems, issue ads, 527
and 501(c)4 organizations, mobilizing constituents, going to
court, amicus curiae briefs, and demonstrations
Direct Techniques to Shape Government Policies
Lobbying: Attempts by organizations or individuals to
influence:
Passage, defeat, or contents of legislation
Administrative decisions of government
Lobbyist: Individual who handles an interest group’s lobbying
efforts
LO 3
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Slide header
Lobbying
Slide content
Attempts by organizations or individuals to influence:
Passage, defeat, or contents of legislation
Administrative decisions of government
Lobbyist: Individual who handles an interest group’s lobbying
efforts
Directed at the legislative branch of government or at
administrative agencies
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6.5 Direct Lobbying Techniques
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Table
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Providing Election Support
Direct involvement of interest groups in the election process
Provide campaign support for legislators who favor their

policies
Encourage their own members to try to win posts in party
organizations
Urge their members to vote for candidates who support the
views of the group
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Providing Election Support: Political Action Committees
(PACs)
PACs- established by an interest group to raise funds and make
campaign contributions on the establishing organization’s
behalf
Supreme Court ruling
PACs could accept unlimited contributions for the purpose of
making independent expenditures
Led to the creation of super PACs
LO 3
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Providing Election Support: Political Action Committees
(PACs)
Super PACs - Allowed to accept unlimited contributions for
making independent expenditures DailyShowSuper PacsColbert
Independent expenditure: Involves activities that are
independent from those of a political party
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Indirect Techniques of Shaping Government Policies
Shape public opinion using public relations techniques
Rating system: Groups evaluate (rate) the performance of
legislators
Rating is based on how often the legislators vote with the
group’s position on particular issues
Issue ad - Television or radio ad taking a position on a
particular issue
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527 and 501(c)4 Organizations
527s
Set up in response to the Bipartisan Campaign Reform Act of
2002
Groups engage in voter registration and make large expenditures
on issue ads
501(c)4 groups
Could spend some funds on direct campaign contributions as
long as major spending was on issue advocacy
Can conceal the identity of contributors
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Mobilizing Constituents
Grassroots organizing
Urging group members to contact government officials to show
their support for or opposition to certain policies
Astroturf lobbying
Campaigns that masquerade as grassroots mobilizations
Lobbyists make anonymous postings online that appear to be
from concerned citizens
LO 3
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Other Indirect Techniques of Shaping Government Policies
Interest group litigation
Made possible by civil rights groups
Amicus curiae briefs
State a group’s legal argument in support of its desired outcome
in a case
Interest groups cite statistics and research supporting their
position on a certain issue
Demonstrations
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Today’s Lobbying Establishment
Lobbying has become a profession
Interest groups have become a permanent feature of the
American government
Interest groups are often criticized
Questionable activities
Belief that benefits obtained by groups are not in the general
public interest
Aided by enthusiasm gap between supporters and opponents of

any given subsidy
LO 4
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Federal Regulation of Lobbying Act (1946)
Entities that receive money to influence legislation must
register with the clerk of the House and the secretary of the
Senate
Every registered lobbyist must make quarterly report on his or
her activities
Anyone violating this act can be:
Fined up to $10,000
Imprisoned for up to five years
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Federal Regulation of Lobbying Act: Drawbacks
Application was restricted to those who sought to influence
federal legislation directly
Act failed to cover:
Lobbying that was directed at agencies in the executive branch
Lobbyists who testified before congressional committees
Information in the quarterly reports filed by lobbyists was not

known to the public
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Lobbying Disclosure Act (1995)
Strict definitions determined who must register with the clerk of
the House and the secretary of the Senate as a lobbyist
Lobbyists must report their clients, the issues on which they
lobbied, and the contacted agency
Tax-exempt organizations and organizations that engaged in
grassroots lobbying were exempt from the provisions
LO 4
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Later Reform Efforts
Bundled campaign contributions and lavish expenditures have to
be reported
Honest Leadership and Open Government Act, 2007
Increased lobbying disclosure requirements
Placed restrictions on receipts of gifts and travel by Congress

members paid for by lobbyists
Required the disclosure of lawmakers’ requests for earmarks in
legislation
LO 4
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Military Defense and Private Contractor Lobbying Groups
Rand Paul discusses limits on lobbying groups
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INSTRUCTOR: To find the video, search “limit defense
contractors' lobbying” under Clips on C-SPAN’s website
(www.c-span.org). You can also visit the page directly at
http://www.c-span.org/video/?c4577525/vetsask-paul-limit-
defense-contractors-lobbying
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Questions
What are the ethical implications of private companies lobbying
the government and receiving special protections from
government?
Anybody who gets money from government in the form of a
contract should be limited in what they can do to lobby to get
more of our money
Do you agree? Why or why not?
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Questions (continued)
Do lobbying groups have too much influence over the
government?
Share your thoughts with the class and discuss
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KEY TERMS
Interest group
Purposive incentive
Solidary incentive

Material incentive
Free rider problem
Pluralist theory
Majoritarianism
Elite theory
Trade organization
Right-to-work laws
Public-interest group
Direct technique
Lobbying
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KEY TERMS
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Lobbyist
Political action committee (PAC)
Independent expenditure

Indirect technique
Rating system
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HIST4 | CH16
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GOVT10 | CH6
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40
SUMMARY
Interest groups are organized groups of people sharing common
objectives
Broad types - Business, labor, professional, and public interest

groups
Attempt to influence policymakers
Regulations:
Federal Regulation of Lobbying Act (1946)
Lobbying Disclosure Act (1995)
Honest Leadership and Open Government Act (2007)
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‹#›
SUMMARY
GOVT10 | CH6
‹#›
‹#›
GOVT10 | CH6

Chapter 5 - Civil Rights
Civil Rights
5
1
Learning Outcomes
Explain the constitutional basis for our civil rights and for laws
prohibiting discrimination
Discuss the reasons for the civil rights movement and the
changes it caused in American politics and government
Describe the political and economic achievements of women in
this country over time, and identify some obstacles to equality
that women continue to face
LEARNING OUTCOMES
‹#›
GOVT10 | CH4
Learning Outcomes (continued)
Summarize the struggles for equality that other groups in
America have experienced
Explain what affirmative action is and why it has been so
controversial

‹#›
GOVT10 | CH4
America at Odds: Do the Police Use Excessive Force against
African Americans?
Do you think that having officers wear cameras to record
interactions with the public would be a good solution? Why or
why not?
There is a disparity in drug arrests among racial groups. Will
that gap be reduced in states that have legalized recreational
marijuana? Why or why not?
‹#›
GOVT10 | CH4
Civil Rights
Rights of all Americans to equal treatment under the law
Provided by the Fourteenth Amendment to the Constitution
Equal protection clause
Section 1 of the Fourteenth Amendment
No state shall deny to any person within its jurisdiction the
equal protection of the laws
LO 1

‹#›
GOVT10 | CH4
5
Equal Protection Clause Tests
Equal Protection Clause
Over time the Court has developed various tests, or standards,
for determining whether the clause has been violated;
If a law or action is preventing a group of persons from
exercising a fundamental right
Strict scrutiny standard- Law or action must be necessary to
promote a compelling state interest and must be narrowly
tailored to meet that interest
Applied when a group is prevented from
exercising a fundamental right
Fundamental right: Basic right of all Americans, such as First
Amendment rights
LO 1
‹#›
GOVT10 | CH4
Equal Protection Clause Tests (continued 1)
Intermediate scrutiny (exacting) standard
Laws based on gender classifications are permissible if they are

related to the achievement of an important governmental
objective
Satutory rape/alimony
LO 1
‹#›
GOVT10 | CH4
7
Equal Protection Clause Tests (continued 2)
Rational basis test
Used by the Supreme Court to decide whether a discriminatory
law violates the equal protection clause
Also known as ordinary scrutiny standard
Used when there is no classification that would require a higher
level of scrutiny
Few laws tested under the rational basis test are found invalid
LO 1
‹#›
GOVT10 | CH4
8

African Americans
Dred Scott decision 1857
Supreme Court declares that blacks (free or slave) are not
citizens
Increases tensions between North and South, prelude to Civil
War
LO 2
‹#›
GOVT10 | CH4
9
African Americans
Ending servitude
Emancipation Proclamation (1863) passed 13th, 14th, and 15th
amendments ending constitutional inequality
Thirteenth Amendment
Prohibits slavery
Fourteenth Amendment
Grants citizenship to blacks (all persons born) & equal
protection
Fifteenth Amendment
Gives black men the right to vote
‹#›
GOVT10 | CH4

African Americans
The Civil Rights Acts of 1865 to 1875
Aimed at Southern states
Tried to prevent states from passing laws to circumvent
amendments
‹#›
GOVT10 | CH4
African Americans
The Ineffectiveness of the Early Civil Rights Laws
Separate-but-equal doctrine
Held that equal protection clause did not forbid racial
segregation as long as facilities for blacks were equal to those
for whites
Established by Plessy v. Ferguson (1896)
In practice, facilities were rarely equal
Court stated that segregation alone did not violate the
Constitution
Jim Crow laws (insulting term) 1890-1965
Separate was the rule but equal was never enforced
‹#›
GOVT10 | CH4

African Americans: Violence and Vote Suppression
Voting barriers
White supremacist politicians gained power and held the white
primary which restricted voting to whites only (was upheld by
Supreme Court until 1944)
Grandfather clause- restricted voting to those who could prove
that their grandfathers had voted before 1867
Poll taxes- tax to vote until 1964
Literacy tests were used to prevent African Americans from
voting
Voting
coercion was used to impose a code of conduct
LO 2
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GOVT10 | CH4
13
Brown Decisions and School Integration
The end of the separate-but-equal doctrine
Brown v. Board of Education of Topeka (1954)
Supreme Court unanimously held that segregation by race in
public education is unconstitutional and violates equal
protection clause of 14th Amendment
Desegregate “with all deliberate speed”
By 1970, de jure segregation had been abolished by school
systems
De jure segregation: Segregation

established by law
LO 2
‹#›
GOVT10 | CH4
14
Brown Decisions and School Integration (continued)
Did not end- de facto segregation
De facto segregation: Segregation produced by circumstances
Attempts to overcome de facto segregation included:
Redrawing school district lines
Reassigning pupils
Busing - Transporting students by bus to schools physically
outside their neighborhoods
LO 2
‹#›
GOVT10 | CH4

15
The Civil Rights Movement (1950s and 1960s)
Movement to end racial discrimination
Used nonviolent civil disobedience tactics, such as sit-ins
Civil disobedience: Deliberate and public refusal to obey unjust
laws
Sit-ins: Demonstrators remain seated in a public place until they
are forcibly removed or until their demands are met
LO 2
‹#›
GOVT10 | CH4
16
The Civil Rights Movement (1950s and 1960s) (continued)
Public backlash resulting from media coverage led to
nationwide demands for reform
Martin Luther King, Jr. led the March on Washington for Jobs
and Freedom in 1963
Congress began to pass civil rights laws
Civil Rights Act of 1964
Outlawed discrimination in voter registration
Discrimination in public accommodations
Desegregate public schools
Equal opportunity employment
Voting Rights Act of 1965

Outlawed voter registration tests and need federal approval to
change voting procedures and election laws
Civil Rights Act of 1968
Forbade discrimination in housing and mortgage lending
LO 2
‹#›
GOVT10 | CH4
17
The Civil Rights Movement (1950s and 1960s) (continued)
Consequences of Civil Rights Legislation
Political participation increases for African Americans, as well
as Hispanic Americans, Asian Americans, Native Americans and
Native Alaskans
Education gap
On average, African American students in high school read and
do math at the level of whites in junior high school
Lingering social and economic disparities
Black households incomes were only 59% of white
African Americans are disproportionately arrested for crimes
Fourteenth Amendment is basis for civil rights legislation, court
decisions
‹#›
GOVT10 | CH4

African Americans in Politics Today
In 2008, Barack Obama became the first African American
president of the United States
Other high-profile African Americans include Colin Powell and
Condoleezza Rice
Shelby County v. Holder, 2013
Supreme Court ruled that Section 4 of the Voting Rights Act
was unconstitutional
LO 2
‹#›
GOVT10 | CH4
19
Women: The Struggle for Voting Rights
National Woman Suffrage Association and the American
Woman Suffrage Association
Devoted to gaining suffrage, which involves the right to vote
Nineteenth Amendment was ratified in 1920
Right to vote would not be denied on account of sex
Suffragette
LO 3
‹#›
GOVT10 | CH4

20
‹#›
GOVT10 | CH4
The Feminist Movement
Goal of the movement was feminism
Feminism: Doctrine advocating full political, economic, and
social equality for women
Promoted by the National Organization for Women (NOW)
Collaborated with other organizations to win the passage of the
Equal Rights Amendment (ERA) to the Constitution
Campaign eventually failed
Stop ERA
Headed by Republican Phyllis Schlafly perceived ERA as a
threat to their way of life
Found significant support among fundamentalist religious
groups and conservative organizations
LO 3
‹#›
GOVT10 | CH4

22
Women in American Politics
Only one percent of the U.S. House of Representatives have
been women
Nancy Pelosi
First female minority leader of the House of Representatives in
2002 and Speaker of the House of Representatives in 2006
All of the last three presidents have appointed female
secretaries of state
Only four women have served on the Supreme Court
LO 3
‹#›
GOVT10 | CH4
23
Challenges Women Face in the Workplace
Wage discrimination is controlled by:
Equal Pay Act, 1963

Title VII of the Civil Rights Act, 1964
Lilly Ledbetter Fair Pay Act, 2009
Wage gap
Women earn 77 cents for every dollar that men earn
Concentrated in fields that require staff members to put in long
hours
LO 3
‹#›
GOVT10 | CH4
24
Challenges Women Face in the Workplace (continued 1)
Glass ceiling: Invisible but real discriminatory barrier
Prevents women and minorities from rising to top positions of
power or responsibility
Sexual harassment: Unwanted physical contact, verbal conduct,
or abuse of a sexual nature
Interferes with job performance
Creates a hostile work environment
LO 3
‹#›
GOVT10 | CH4

25
Effect of Sexual Harassment
Often accompanied by threat of adverse consequences
Employers are held liable by the Court unless they can show
that:
Reasonable care was exercised in preventing such problems
Employees failed to take advantage of any corrective
opportunities provided
LO 3
‹#›
GOVT10 | CH4
26
Challenges Women Face: Sexual Assault on Campus
Title IX, Education Amendments of 1972
Prohibits gender-based discrimination in schools that receive
federal money
Also prohibits sexual assault
By 2016, more than 300 colleges and universities had been
investigated for mishandling sexual assault complaints
Schools that failed to improve risked losing federal funds
Long standing problem BYUBrock
1 in 5 college women experience sexual assault
Few report, those who report receive little help
In some cases the victims have actually been penalized
2011 Obama began cracking down- 2014 55 colleges were under
investigation for mishandling and 25 for retaliating

LO 3
‹#›
GOVT10 | CH4
27
Securing Rights for Other Groups: Latinos
Largest ethnic minority in the United States
Countries of origin
Mexico, Puerto Rico, El Salvador, Cuba, and Central and South
Americas
Have low income levels owing to:
Language problems
Lack of job training
Immigration issues
LO 4
‹#›
GOVT10 | CH4
28
Securing Rights for Other Groups: Latinos (continued 1)

Party identification
Mexican Americans and Puerto Ricans identify with the
Democratic Party
Cubans identify with the Republican Party
Immigration issue
Republican Party stands against regularizing unauthorized
immigrants
Many members arrived illegally
OITNB
LO 4
‹#›
GOVT10 | CH4
29
Securing Rights for Other Groups: Latinos (continued 2)
Low level of political participation
Voting rate is rising with immigrants becoming citizens and
reaching voting age
Members hold political office in states with large Hispanic
populations
LO 4
‹#›
GOVT10 | CH4

Securing Rights for Other Groups:
Asian Americans
Suffered discrimination in the past
The Chinese Exclusion Act of 1882
Curfews and evacuation to internment camps as a result of the
Japanese bombing of Pearl Harbor
Model minority
Lead other minority groups in median income and median
education
Face discrimination during admissions to top private colleges
and universities
LO 4
‹#›
GOVT10 | CH4
31
American Indians
Native tribes were designated as foreign nations in 1789 by the
Congress
Had no civil rights under U.S. laws
Received citizenship rights under the Fourteenth Amendment in
1924
Early policies

1787 - Northwest Ordinance, under the Articles of
Confederation
Often violated by the U.S. government
LO 4
‹#›
GOVT10 | CH4
32
American Indians (continued 1)
1830 - Resettlement of tribes to the west of the Mississippi
river by the Bureau of Indian Affairs (BIA)
Late 1880s - New policy of assimilation of American Indians
into American society
Each family was given a parcel of land within the reservation to
farm
Acres in reservation status reduced from 140 million to about
47 million
LO 4
‹#›
GOVT10 | CH4

33
American Indians (continued 2)
American Indian activism
Tribes are small and scattered
People are politically fragmented because large numbers live
off the reservations
LO 4
‹#›
GOVT10 | CH4
34
American Indians: Compensation for past Injustices
Native American Languages Act, 1990
American Indian languages were declared unique
Courts now show greater willingness to recognize Native
American treaty rights
Indian Gaming Regulatory Act, 1988
Allowed American Indians to have gambling operations on their
reservations
LO 4
‹#›
GOVT10 | CH4

Securing Rights for Other Groups: Persons with Disabilities
Rehabilitation Act, 1973
Prohibited discrimination against persons with disabilities in
programs that receive federal aid
Individuals with Disabilities Education Act, 1975
Public schools have to provide free, appropriate, and
individualized education in the least restrictive environment for
disabled children
LO 4
‹#›
GOVT10 | CH4
Americans with Disabilities Act (ADA), 1990
All public buildings and public services have to be accessible to
persons with disabilities
Employers are required to reasonably accommodate needs of
workers or job applicants with disabilities
Decision should not cause the employer undue hardship
ADA Amendments Act overturned most of the limits laid by the
Supreme Court
LO 4
‹#›

GOVT10 | CH4
37
Gay Men and Lesbians
U. S. Supreme Court issued a ruling that invalidated sodomy
laws in 2003
Today, 22 states have laws prohibiting discrimination in
employment and housing based on sexual orientation
11 states ban employment discrimination only for state
employment
250 cities and counties also have anti-discrimination laws
LO 4
‹#›
GOVT10 | CH4
38
Gay Men and Lesbians (continued 1)
Conservative politicians relax their stance on gay rights
Increased public support for same-sex marriage
Obergefell v. Hodges, 2015

Supreme Court ruled that the Constitution guarantees the right
to same-sex marriage in all states
Ellen
LO 4
‹#›
GOVT10 | CH4
39
Gay Men and Lesbians (continued 2)
Don’t ask, don’t tell policy
Banned openly gay men and lesbians from the military and was
repealed in 2010
LO 4
‹#›
GOVT10 | CH4
40
Transgender Persons

Someone born with the physical characteristics of one sex
Sense of gender and identity corresponds with that of the other
sex
Faced discrimination and outright acts of violence
Example - North Carolina’s bathroom law
LO 4
‹#›
GOVT10 | CH4
41
Affirmative Action
Special consideration, in jobs and admissions, to groups that
have been discriminated against in the past
Regents of the University of California v. Bakke, 1978
Case of reverse discrimination arguing the use of a quota
system that violated the equal protection clause
Supreme Court decision - Race cannot be the sole factor in
making admissions decisions
LO 5
‹#›
GOVT10 | CH4

42
Affirmative Action: Strict Scrutiny
Court decision for Adarand Constructors, Inc. v. Peña, 1995
Any federal, state, or local affirmative action program that uses
racial classifications for making decisions is subject to strict
scrutiny
Discriminatory law or action must be narrowly tailored to
remedy actual discrimination
After an affirmative action program succeeds, it must be
changed or dropped
LO 5
‹#›
GOVT10 | CH4
Affirmative Action: State Actions
Some states have employed ballot measures to ban affirmative
action
2014 - Supreme Court held that state voters had the right to
eliminate affirmative action programs
Public universities look for race-blind ways to attract minority
students to their campuses
LO 5
‹#›
GOVT10 | CH4

44
Black Lives Matter Meets with Hillary Clinton
Hillary Clinton talks with leaders from the Black Lives Matter
movement
‹#›
GOVT10 | CH4
INSTRUCTOR: To find the video, search “#BlackLivesMatter;
Clinton; CNN; All Lives Matter A Violent Statement” on
YouTube. The video will be posted by user Robert Kraychik.
You can also visit the page directly at
https://www.youtube.com/watch?v=44XgSGjO-4o
45
Questions
Is there an issue of racial discrimination in America today?
Why or why not?
“I don’t believe you change hearts. I believe you change laws.
You change allocation of resources; you change the way
systems operate.”
Discuss the type of changes sought by members of the Black
Lives Matter movement and how feasible those changes are
‹#›
GOVT10 | CH4

KEY TERMS
Civil rights
Equal protection clause
Fundamental right
Strict scrutiny standard
Suspect classification
Rational basis test
Separate-but-equal doctrine
De jure segregation
De facto segregation
‹#›
GOVT10 | CH4
‹#›
KEY TERMS
‹#›

Civil rights movement
Civil disobedience
Sit-in
Suffrage
Feminism
Glass ceiling
Sexual harassment
LGBT person
Transgender person
Affirmative action
Reverse discrimination
Quota system
‹#›
HIST4 | CH6
‹#›
HIST4 | CH6
KEY TERMS
GOVT10 | CH9
‹#›

48
SUMMARY
Civil rights are the rights of all Americans
to equal treatment under the law
Obtaining equal treatment, equal opportunity, and equal
protection under the law is still an ongoing challenge for many
minority groups
Affirmative action programs
Give special consideration, in jobs and college admissions, to
members of groups that were discriminated against in the past
‹#›
‹#›
SUMMARY
GOVT10 | CH4
‹#›
‹#›

GOVT10 | CH4

Civil Liberties Chapter Explains First Amendment Freedoms

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