Changes in CRs

Key events in CR movements and if they were impactful

• there are 4

Direct action like sit-ins, bus boycotts (famously the Montgomery bus boycott) = exposed police brutality and the violent opposition of white supremacists AND earned widespread support

• Forming CR groups - NAACP, lobbying politicians, freedom rides, sit ins, arming and self-defence training

Brown v Board of Education of Topeka (1954) that outlawed segregation in education, Civil rights acts 1957, 1964, 1968 and 24th amendment (1965)

• BUT 1955 14 year old Emmett Till was murdered by white men, who were acquitted by a WHITE jury —> failure of the criminal justice system to convict those responsible for lynching's, dangers against AA still occurred

1961 – Voting Rights Campaign = NAACP and other civil rights organisations led a drive to get black people to register to vote. Many millions more registered and had a political change

1963 March on Washington - MLK led a non-violent civil disobedience campaign, and in protest MLK gave his ‘I have a dream’ speech for equality. Was v popular - black and white ppl marched. + MLK emerged as a CR leader and won Nobel peace prize. Kennedy was forced to increase his negotiations with the civil rights movement following the success of the march = his legacy ultimately led to the election of Barack Obama in 2008

• BUT MLK was assassinated in 1968 = continued violence against AA’s, race riots erupted 1965-67 which marked an end to the CR era. E.g. laws changed BUT the treatment of blacks remained the same.

CRA 1964 - prevented discrimination in housing and employment.

what is ACLU

The American Civil Liberties Union (ACLU) - most significant defender of civil LIBERTIES in the USA (vs rights)

• Size - 1.5 million members + staff of 300 lawyers who defend civil liberties in courts - involved in more US SC cases than any NGO.

All things ACLU has done

Court cases:

• Brown v Topeka (1954): The ACLU joined the NAACP to support the case, helping to end racial segregation.

• Consistently defended abortion rights, supporting RvWade (filed amicus curiae brief in support of Roe) and following Dobbs V Jackson has launched legal challenges e.g. ACLU challenged Arizona’s 15 week abortion ban and in 2025 this was blocked and moved to 24 weeks. BUT limited success = ACLU challenged Kentucky’s complete ban on abortion and failed - still illegal

• ACLU KEY ROLE in marriage equality = made legal challenges and amicus curiae briefs in support of Obergefell V Hodges 2015

• Legal challenges to measures after 9/11 like the imprisonment without trial at Guantanamo Bay - led to landmark SC decision in Boumediene v. Bush (2008) which gave detainees the constitutional right to challenge their detention.

• ACLU filed many lawsuits against the Trump administration e.g. challenged Trump’s 2017 ban on immigration from several Muslim-majority countries = led to federal courts blocking the ban, BUT a revised ban was later upheld by the SC = LIMITATIONS OF INFLUENCE

• Defends individuals rights against PRIVATE EMPLOYERS = Harris Funeral Homes Inc. v EEOC (2020) - ACLU defended a woman fired for being transgender = resulted in a landmark SC ruling that discrimination on gender orientation is unconstitutional.

What is NAACP

(1909) NAACP - the USA’s oldest civil rights PG focused.

• Methods - conventional campaigning like legal battles vs direct action, winning important cases like Shelley v Kraemer (1948) and Brown v Topeka (1954)

• Size - over half a million members

NAACP impact on CR movement

NAACP achieved major successes in the 1950s and 1960s as part of the CRM:

• Challenged segregation in Brown V Topeka = desegregation

• Co-organised the 1963 March on Washington where MLK delivered I have a dream speech = mobilised support

• Lobbied Congress to pass the Civil Rights Acts of 1957, 1964, and 1968, and the Voting Rights Act 1965.

• Ran successful voter registration campaigns to increase the numbers of African-American voters - projects like ‘Freedom Summer’ 1964

21st C NAACP movements

In 21st C NAACP: ensuring AAs receive equality in all areas like education, health, criminal justice, voting rights + working to expand youth engagement in civil rights.

• 2020 the NAACP launched the #WeAreDoneDying campaign against institutional racism, esp in response to the disproportionate number of African-American deaths from COVID-19 and ongoing police violence.

• 2020 presidential election - NAACP ran a national voter mobilisation programme that contributed to record levels of Black voter turnout + election of the first Black VP Harris.

BLM

• Protests began when the shooter of unarmed black teenager Martin in 2013 was acquitted. Rose when the death of George Floyd in 2020 by a white policeman.

  • Black Americans are 2.5 x more likely to be killed by police than white Americans.

• Methods - protests across USA that OVER 23 MILLION ppl attended (some peaceful yet some turned violent) and toppling of statues connected to slavery.

  • During Covid-19 = against restrictions to stay home

• FAILURE - many protests turned violent with rioting, arson, violence against the police, and authorities responded with curfews and violence like tear gas. Trump even threatened to send in the military

Impact:

• The police officer, Derek Chauvin (killed GF) was convicted of murder

• Plans for police reform were outlined - to stop structural racism (bcus it exposed the violence faced by AA’s and difficulties in obtaining justice)

• BLM protests spread to other countries like the UK (Colston statute in Bristol toppled)

Anti-lockdown movement

During COVID-19 several state-based SM’s arose in protest against Covid lockdowns bcus this VIOLATED constitutional civil liberties.

• Size - around 2 million, with demonstrations in over half of US states.

• BAD - protesters breached lockdown rules for demonstrations - this escalated to armed protesters entering the Michigan Capitol in April 2020.

Native Americans

The treatment of Native Americans by European settlers is described as genocide: for centuries Native Americans were slaughtered and displaced by US govt - their population dropped by millions from 15th to 19th C

Extension of rights:

• 1924 - all Native Americans became US citizens.

• The Indian Civil Rights Act 1968 - extended BoR protections to Native Americans in tribal governments.

  • FAIL - the ICRA was resented because it gives federal courts authority over tribal governments if rights are infringed.

Native Americans today:

GOOD = over 5 million Native Americans live in US+ reservations are self-governed by tribes and occupy an area the size of Idaho

BAD:

• In reservations there is high unemployment, limited educational opportunities, and poverty rates over twice the national average.

• Native Americans still face racism and discrimination.

Reservation = land designated for Native American tribes

Affirmative action

Affirmative Action

Affirmative action - aims to reverse deep inequalities faced by African-American through POSITIVE discrimination (e.g. by employers, universities)

• Democrats (e.g., Obama, Biden) generally support affirmative action - in 1960s the Ds supported this

• Republicans (e.g., Trump, Bush) often oppose it affirmative action, viewing it as reverse discrimination

• Partisan - SC was asked to define constitutional affirmative action and was DIVIDED

Key SC rulings on Affirmative Action

• Fisher v University of Texas (2016) - affirmative action is legal

• Trump administration (2020) - filed an amicus brief arguing that Harvard’s affirmative action policies were unconstitutional

Voting rights

Voting Rights

Voting Rights Act (1965) dramatically increased AA voter turnout by making it easier to vote. E.g. Mississippi 7% turnout in 1964 to 67% 1969 —> changed dynamics of politics esp. in south

• Black voter turnout FELL 2016 election - Obama no longer a candidate AND Shelby County v Holder (2013) allowed states to impose voting restrictions, reducing Black and Hispanic voter turnout (bcus less likely to have ID as travel less). 25 states then introduced restrictions like ID requirements.

• Black voter turnout ROSE 2020 election - NAACP and Democratic efforts helped drive record AA voter turnout in 2020 = crucial to Joe Biden’s victory. E.g. 18-30 years old turnout was 88% Biden

Incarceration rates

Incarceration rates

The incarceration rate for African-Americans over 5x white people e.g. In 2018, 12% of the US population was in prison but 33% of prisoners were AA.

• Not relevant - is a higher rate of crime committed by AAs. BUT this is bcus they are more likely to be socio-economically disadvantaged - perpetuates a cycle as incarceration worsens employment prospects

BUT signals law isn’t applied equally

• The crime RATE difference doesn’t explain incarceration differences - AAs and white As use drugs at a similar rate BUT AAs are 6x more likely to be incarcerated for drug charges

• From Covid, 80% summonses for social distancing violation in NYC were against African Americans.

Felony Disenfranchisement

Voting ability is impacted by AA’s disproportionately high rate of incarceration. All but two (48) US states prohibit felons from voting, and most deny the vote to people on probation or parole. This disenfranchisement is INCREASING due to rising prison population

BEING COMBATTED - PGs campaigning for reform won a significant victory in 2018.

Right to vote for felons - 2018 Florida ballot initiative restored the right of those to vote who had completed their sentences —> and Florida is the state with the highest rate of felony disenfranchisement, so this restored the vote to 1.4 million people

• FAIL - subsequent legal challenges meant felons couldn’t vote in 2020 election

Changes to other states voting rules: reduced felony disenfranchisement by nearly 15% from 2016 to 2020

• BUT still left over 5 million Americans unable to vote, with disenfranchisement 3.7 times greater than that of other Americans.

UK key milestones in rights

Milestones:

• Rights go back to the Magna carta in 1215 - trial by jury and a court of law for certain crimes

• European convention Human Rights 1950

• HRA 1998 is v big rights act - BUT is an act of parliament so can be repealed

• Equality act 2010

Article 3 - prohibition of torture and inhumane treatment example
Article 6 - The right to a fair trial and no punishment without law

Islamist Abu Quatada, accused of having links to terrorist groups, was considered a national security threat by the UK govt which attempted to DEPORT HIM TO JORDAN (to protect UK citizen collective rights). BUT the ECHR and UK SC blocked this bcus of threat of his torture + risk of unfair trial IMPACT - only send to Jordan when a treaty 2013 guaranteed his right to fair trial.

Article 12 - respect for privacy and the right to marry example

Marriage (Same Sex Couples) Act 2013 - legalised same-sex marriage in the UK (excluding NI) = interprets article 12 in a more inclusive way, originally interpreted to include ONYL heterosexual marriages.

Freedom of thought, religion and belief

RELIGION - UK: Lee v Ashers Baking Company Ltd (2018) = SC ruled that compelling a baker to write ‘support gay marriage’ would violate freedom of religion bcus it conflicted with their BELIEFS. - Upholds individual religious Freedom - Conflicts with collective rights of LGBTQ+ community to access services without discrimination (in Equality Act 2010)

No discrimination - treated equally

YES - 2010 Equality Act protects right to non-discrimination = treated equally in employment/education

The right to FREE and FAIR elections

Hirst V UK 2005 ruled that the BLANKET ban on prisoner voting breached HR’s. Compromise in 2017 = short term prisoners can vote

BoR vs HRA

OVERLAP of BoR and 1998 HRA

• Freedom of religion, speech, press, assembly

• Right to a fair trial

• Right to a trial by jury

Differences between BoR and 1998 HRA

• UK = NO mention of the constitution because it is not a singular document and is unentrenched

• US - amendment IX rights that aren’t enumerated by constitution are held by the people and protected

The Protection of Civil Rights in the UK and the USA

constitutional

legislation

judiciaries

CONSTITUTIONAL protection

• US BoR

• UK HRA 1998 AND ECHR

• DIFFERENCE - the entrenched rights in the US Constitution can only be removed by a formal amendment (e.g. ERA hard to ratify), whereas civil liberties and rights are not entrenched in the UK’s flexible constitution.

Legislation to protect rights

• Equality Act 2010: passed to bring together various pieces of equality legislation, including the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, and Employment Equality Regulations (2003 and 2006).

• CRA 1964: banned racial discrimination in voting and prohibited literacy tests used to prevent African-Americans from exercising their right to vote.

Independent judiciaries

• Both defend rights AGAINST the govt. Rule of law applies in both - law applied equally

• US - MORE BAIS WITH LAW e.g. higher incarceration with AAs due to cultural racism - injustices in the judicial system

• US SC - more power to protect rights because of two reasons:

  • The US SC can strike down legislation that infringes on citizens’ constitutional rights

  • Can make landmark rulings on civil rights which ACT AS ‘INTERPRETATIVE AMENDMENTS’ to the constitution

• UK SC - less power = can ONLY declare an Act of Parliament incompatible with HRA referring it back to Parliament for consideration. AND has a narrower interpretative role.

• UK SC - amendments are hard to make THUS can become negative e.g. ERA

COMPARISON - civil liberties during Periods of National Emergency = SIMILAR

National emergency response

• BOTH - After 9/11, both govts increased govt power like surveillance. Both countries’ measures sparked debate over civil liberties - in US Ds favour civil liberties vs Rs

• US - The USA Patriot Act (2001) allowed the govt surveillance (phones, homes) without a court order.

• UK - The Prevention of Terrorism Act (2005) introduced control orders (house arrest, restricted internet use) on terrorist suspects without trial = but was repealed in 2011.

• Difference - US expanded surveillance powers which still exist

Response to Covid

• BOTH - during COVID-19 both govts enforced emergency measures that restricted movement and liberties for SAFETY

• UK - nationwide lockdowns with fines etc for enforcement

• US - federalism meant uneven application of restrictions across states AND mask + vaccine mandates (same as UK) met with heavy resistance from libertarian + conservative groups

Debates over civil liberties DON’T always follow ideological lines.

• UK - Tony Blair’s Labour government introduced the Prevention of Terrorism Act

• US - George W. Bush’s Republican administration introduced the Patriot Act. + although many D’s prioritise civil liberties, Republican libertarian’s do as well e.g. Rand Paul held a 13-hour filibuster in 2013 to challenge Obama’s use of drone strikes.

• BOTH - Blair + Bush argued this was necessary to protect the public.

COMPARISON - women’s rights

Women’s Rights = DIFFERENT

BOTH - long-standing debates over women’s suffrage, equality, and anti-discrimination laws. Recently the global #MeToo campaigns have focused on sexual harassment in US and UK.

Abortion v different

• UK - abortion has been legal since 1967 and no main party seeks to remove this = accepted

  • HOWEVER NI only legalised abortion in 2019, and is controversial, debate is in line with the US division.

• US - DIVISIVE issue since it was legalised by Roe v. Wade (1973). HIGHLY partisan - most Rs are pro-life vs D’s pro-choice. Divide is intensified by US’ more religious society - 56% of Americans are religious vs 30% of Britons.

Influence of WR campaigns:

• (better) UK - women’s rights activists have been more successful e.g. entitled to paid leave for 39 weeks + abortion rights

• US - many conservative women have opposed gender equality reforms like ERA AND USA is the ONLY developed country that doesn’t guarantee paid maternity leave

COMPARISON - racial CRs

Race and Civil Rights = most SIMILAR

Changes in CRs

• Both - ban discrimination on racial grounds and has been DIRECT public action to pressure legislators.

• US - CRA 1954. Affirmative action to create equity in education and professions e.g. lowering the qualifications (SAT) for AA’s in comparison to other races to increase admission.

• UK - Race Relations Act 1965 —> although were many racial laws which developed GRADUALLY in response to discrimination/protests e.g. the 1963 Bristol Bus Boycott.

  • UK - WAS inequality - In the 1970s, UK police disproportionately targeted Black men using ‘sus’ laws, leading to widespread riots in 1981.

• Differences - arguably AA brings institutional discrimination against white people in US to create equitable outcomes in professional fields

Current discrimination

• Both - BLM campaign highlighted racial discrimination by the police + the disproportionately high black incarceration rates in UK and US. (US - 13% population vs 33% in prison, and UK - 4% of population but 13% in prison)

• US BLM protests were STRONGER, with 10000 US citizens killed by police in US 2019 vs UK BLM were less strong BUT did trigger national debates about black history in education and whether statues of historical figures with racist backgrounds should be removed e.g. Colston’s statue in Bristol was toppled. Only 3 Britons killed by police 2019.

• US - the challenge of CRs is more pronounced due to the larger AA population

Effect of CR campaigns recently - have shifted public attitudes to condemn racism, homophobia, and misogyny, with more legal challenges for CRs.

COMPARISON - immigration rights

The Rights of Immigrants

BOTH: controversial deportation policies by conservative govts - later removed

• US - under Trump children of undocumented immigrants were separated from their parents at the border BUT caused public outrage and was later reversed

• UK - aimed to send asylum seekers to Rwanda BUT was never implemented

BOTH - judicial protection by SC, acts as a check on executive immigration policy. UK large public concern over immigration - factor in leaving EU.

• US - Trump’s attempt to end DACA (Deferred Action for Childhood Arrivals) was blocked by SC in 2020, protecting around 650,000 undocumented immigrants brought to the country as children.

• UK - SC often rules on whether deportation violates the HRA esp where immigrants have lived in the UK for long periods or committed crimes.

Differences - US has been more aggressive in revoking protections (DACA, ‘Muslim ban’) Vs UK controversy is often surrounded immigrant access to public services like NHS and council housing = BREXIT. NEITHER immigration policies (DACA vs Rwanda) had total party support

COMPARISON - Rights of LGBTQ+ people

BOTH - intense debate about same-sex marriage before it was legalised in 2013 (UK - not NI) and 2015 (USA).

• Both ongoing debates focusing on inclusion of LGBTQ+ issues in school curricula + whether religious ppl or businesses can refuse services to LGBTQ+ people —> both SC cases ruled YES.

US - Trump HARSH control on transgender - banned transgender people in military, issued EO to limit trans participation in women’s sports. . ‘Kamala is for they/them, Trump is for you’ 2025 campaign ad.

US - SC uphold transgender rights e.g. 2020 Harris Funeral Homes Vs EEOC (6-3) that employees can’t be fired due to discrimination like being transgender

UK - BJ govt scrapped plants to allow easier self-identification of gender by tans people, requiring a medical diagnosis. RISE OF LGBTQ+ hate e.g. Reform UK pledged to ban the ‘transgender ideology’ in schools and restrict pronoun use in schools.

Difference - US rights are more debated than in UK

COMPARISON - religious groups rights

Religious Groups = SIMILAR

• Both UK and US anti-discrimination laws protect the freedom of religious expression

• Two similar cases = Lee v. Ashers Bakery Company Ltd (2018) in UK and US Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018). The SC’s in both countries ruled that Christian bakers had the right not to make a cake promoting same-sex marriage

• Influence of religious campaigning:

  • US - 2022 Dobbs V WHO overturned R V Wade

  • UK - pro-choice campaigners pressured the legalisation of abortion in NI 2019

COMPARISON - influence of CLs campaigns

Examples

Attitude of govt

Civil Liberty Campaigns and Government Resistance

Civil liberty campaigns:

• Limited influence - US/UK activists failed to prevent the implementation of anti-terrorism or immigration policies. BUT activism has exposed the illiberal policies e.g. backlash for Rwanda by Amnesty International

• Limited influence - misogyny, homophobia, transphobia, and prejudice against religion like Islamophobia/anti-Semitism are persistent in both societies

• Influence - BLM exposed systemic racism, and the #MeToo movement highlighted widespread sexual harassment in both countries

• For influence - campaigns must ensure the law is applied EQUALLY

The attitude of govt affects success of CR campaigns

• US - Trump has taken a hostile stance toward illegal immigrants, transgender people, and the Alt-Right.

• UK - tough anti-immigration policies like Rwanda scheme by Conservative PM Sunak Vs no deportation schemes pursued by Labour PM Starmer, yet still crackdown on illegal immigration.

CR influence:

• US - NRA wields unparalleled influence in US politics due to financial resources

• UK - NRA influence is unmatched by any UK CR group

Structural theory - rights

Structural theory

Rights MORE protected in the US - CRs groups have more influence on these.

• Entrenched vs. Flexible Constitutions: Civil liberties in the US Constitution are entrenched, while UK rights are more flexible and can be changed more easily.

• Constitutional vs. Parliamentary Sovereignty: UK parliament is sovereign so can redefined CRs through legislation vs US Constitution is sovereign, meaning that CRs are FIXED unless changed by landmark Supreme Court rulings which shape civil rights.

• Campaign Finance: US looser campaign finance laws allow PGs to spend unlimited money on lobbying and campaigns vs UK spending cap.

Rational theory -

Campaigns - sparked by infringement of rights

• US - as seen in Brown v. Topeka Board of Education (1954) and Roe v. Wade (1973).

• UK - seen in the Snowdrop campaign (launched following the school shooting tragedy in Dunblane 1996) to ban private ownership of handguns which got a petition of over 750,000 signatures

Leaders affect the political agenda (to gain votes)

• US - CRM benefited from the inspirational leadership of Martin Luther King

• Vs post-war UK civil rights campaigns lacked a figure of the same political stature.

Leaders - POLITIAL LEADERS/POLITICIANS in expanding CRs

• US Democrat presidents John F. Kennedy and Lyndon B. Johnson did in the 1960s with CR legislation

• UK parliamentarians did in 1967 when they passed the Abortion Act (and in 2019 when they legalised abortion in Northern Ireland).

• Restrict civil liberties e.g. Bush and Tony Blair did for terrorist suspects, and Trump did for illegal immigrants.

Cultural theory - rights comparison

SHARED culture of respect for protection of rights

• Both - Rule of law UNDERPINS protection of rights

  • US Bill of Rights = UK HRA 1998.

• Both - a CULTURE of pluralism allows PGs to campaign for rights

Similar issues debated —> culture of pluralism leads to campaigns on major issues

Women = DISCRIMINATION

• Both - culture is problematic for women and minority groups with misogynistic or sexist attitudes in both societies = AND CAMPAIGNS for gender equality emphasise this

Race = DISRIMINAITON

• BOTH - campaigns for racial equality that emphasise the prejudice and unconscious bias experienced by minorities

Both - LGBTQ+ people face homophobia and transphobia in both cultures.

• US - homophobia etc is associated with conservative religious beliefs, which are more prevalent in the US. The ‘bathroom wars’ have seen US conservatives vehemently oppose allowing transgender students to use the public bathroom of their choice.

• UK - debate over transgender issues in the UK

  • E.g. REFORM POLICY TO BAN transgender ideology in schools

Difference

Religious influences shape civil rights debates

• Both - some religious groups feel their rights are threatened by liberal policies that condone behaviours (such as same-sex relationships or abortion) contrary to their beliefs.

• US - Religious groups more prominent in culture (66% Christian, 87% Christian in congress), so rights religious implications are more controversial esp abortion

US more suspicious of government control – more anti-lockdown protests