Civil liberties and C ivil Rights

1. Civil liberties and Civil Rights Jesus Rottier, Brandon Lam, Brandon Medina, and Kevin Lynn Period 7

2. Civil Liberties A)Civil liberties - Individual legal and constitutional protections against the government B) Bill of rights ensures basic liberties C)Barron v. Baltimore (1833) - Bill of rights only for the national government D)Gitlow V. New York (1925) - Basic freedoms such as press and speech protected - Created the 14th amendment E)Selective incorporation: supreme court has nationalized the bill of rights by making its provision applicable through the 14th amendment

3. Freedom of Religion A)Establishment clause – no official religion (government) B)Lemon v. kurtzman (1971) - Government can fund only secular programs C) Engel v. Vitale (1962) - Case that determined that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools D) Free exercise clause- freedom to practice religion

4. Freedom of Expression A) Prior restraints - Censorship B) Free speech, Schneck V. Us (1919) - Speech could be limited during time of war C)Free Press, Zurcher V. Stanford Daily (1978) - In favor of Zurcher exclaiming that search and seizures related to journalism were legal if the writer is suspected of a crime or a life- threating situation is present D) Obscenity, Miller V. California (1973) -Declares that something that is obscene is not protected by the first amendment. Obscenity determined by locals E) Symbolic speech, Texas V. Johnson (1989) - declared that symbolic speech like burning the American Flag is protected by the first amendment

5. Defendants Rights A) Language is vague B) Searches and Seizures - 4th amendment protects against unreasonable searches and seizures, and must need a warrant to search – exclusionary rule MappV. Ohio (1961) - Evidence found obtained in violation with the 4thamendment may not be used in court Patriot act (2001) Gave more power to the government, and took away privacy C) - 5th amendment prohibited self incrimination Miranda V. Arizona (1966) - A decision exclaiming that a decedent in police custody could go to court only if in the defendant was well informed of their rights or else no charges could be made

6. Defendants Rights continued… D) Right to counsel - 6th amendment – right to speedy and public trial Gideon V. Wainwright (1963) A Case in which it was ruled that state courts are required under the sixth amendment to provide counsel in criminal cases for defendants who are unable to afford their own attorneys E) Cruel and Unusual punishment - 8th amendment prohibits cruel and unusual punishment - a court that exclaim the death penalty could be used in extreme cases since it wasn’t a cruel or unusual punishment and was not protected by the constitution

7. Right to privacy A)14th amendment prohibits state and local government from depriving persons of life, liberty, or property without steps taken in order to ensure fairness B) Abortion - Roe V. Wade (1973) - The court ruled that right to privacy under the due process clause of the 14 amendment extended to a woman’s decision to have an abortion, but that right must be balanced against protecting prenatal life and protecting woman’s health

8. Civil Rights A) Civil Rights = The right of every person to equal protection under the law and equal access to society’s opportunities and public facilities. B) Two Centauries of struggle - 1619 – 1864 slavery legal C)Dred Scott v. Sanford (1857) - A decision made by the supreme court that Slaves brought to the united states and their dependents were not protected by the constitution, also congress didn’t have the power to abolished slavery in federal territories

9. Civil war and Amendments A) Civil war effects Created the 13 amendment (1865) this amendment declared that slavery shall not exist within the U.S.. B) 14th amendment (1868) - This clause has been used to make most of the Bill of Rights applicable to the states. C) 15th amendment (1870) - The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude”.

10. The Era of Reconstruction and Desegregation A)Ambiguities in the Fourteenth Amendment B) Plessy v. Ferguson (1896) - Declaring that segregation in public facilities was not unconstitutional as long as they were “substantially equal”. C) Jim crow laws (1876 – 1965) -They mandated segregation in all public facilities in Southern states of the former Confederacy, with a supposedly "separate but equal" status for black Americans.

11. Civil rights Movement A) Brown v. Board of Education (1954) -Was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional and a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution Overturn the Plessy v. Ferguson decision of 1896

12. Civil rights movement continued C) Five bills pass, 1957-1968 - 1957, 1960, 1965: voting rights laws - 1968: housing discrimination law D) Civil Rights Act of 1964 - A landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation

13. Women and equal rights A) The right to vote - The first women’s rights activists were products of the abolitionist movement who worked for an end to slavery and the right to vote. The Nineteenth Amendment (1920) gave women the right to vote. B) Second Feminist Wave - The feminist movement was reborn during the civil rights movement Reed v. Reed (1971) - This case worked to establish equal protection for women in regards to estates.

14. Woman and Equal Rights continued… D) Women in the Workplace The Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978, and the Civil Rights and Women’s Equity in Employment Act of 1991 have all helped protect women against discrimination in the workplace E) Wage Discrimination and Comparable Worth Comparable worth is the idea that women should be paid the same as men for the same job

15. Woman and Equal Rights continued… F) Women in the Military - Rostker v. Goldberg (1981): Congress may draft men only - Women are not permitted to serve in combat Secretary of Defense in 1993 allowed women in air and sea combat G) Sexual Harassment The Supreme Court ruled in 1993 that no single factor is required to win a sexual harassment case and the law is violated when the workplace environment “would reasonably be perceived, and is perceived, as hostile or abusive H) Abortion - Roe v.Wade (1973) - The court ruled that by the due process clause of the 14th amendment, women had the right to an abortion as long as it was done in the 1st or 2nd trimester Planned parenthood V. Casey (1992) - supreme court put some more restrictions on abortion

16. Affirmative Action A)Affirmative action - involves efforts to bring about increased employment, promotion, or admission for members of groups who have suffered the effects of past discrimination. The goal is to move beyond equal opportunity toward equal results. B) Affirmative action court cases Regents of CA v. Bakke (1978) - colleges can’t separated seats for student of another race US Steel v. Weber (1979) - United States Supreme Court held that the Civil Rights Act of 1964 did not bar employers from favoring women and minorities Wards Cove v. Antonio (1989) concerned employment discrimination Adarand v. Pena (1995) case which held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny,

17. The young and old of America A) The Young of America -The young have suffered from inferior treatment under the law. An increasing number of court cases have involved the rights of young people. B) The Greying of America -The elderly is the fastest growing segment of the American population -Progress has been made to eliminate discrimination based on age, especially in the area of employment.

18. Civil rights and people with disabilities A) Abusement of disable people - Disabled people suffer from both direct and indirect discrimination. - Several laws have been passed to protect the disabled from discrimination. B) Americans with disabilities act of 1990 - Prohibits, under certain circumstances, discrimination based on disability - Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity."

19. Gay and Lesbian rights A) Discrimination - Gays and lesbians have faced discrimination in hiring, education, access to public accommodations, and housing. - State laws could ban homosexual activities - The Pentagon’s policy of “don’t ask, don’t tell” reaffirms the strict prohibition against homosexual activity.