Unit 3 - Civil Liberties and Civil Rights

U.S Constitution

Includes a Bill of Rights specifically designed to protect individual liberties and right

Civil Liberties

Are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference

Bill of Rights

Consists of the first ten amendments to the Constitution, which enumerate the liberties and rights of individuals

Interpretations and application of the First Amendment’s establishment and free exercise clause

Reflects an ongoing tension between government power to make law and an individual’s right to religious freedom

What is protected by the first amendment

Speech, including nonverbal action that communicates an idea or belief; depends on time, place, manner. There can be limitations based on if it’s a threat, Protects against defamation. Restricts on speech that create a clear and present danger

Freedom of the Press

Allows the press to publish documents that don’t create a present and clear danger

Freedom of Religion

Allows individuals to practice any religion based on their own belief

Second amendment

The right to bear arms

8th amendment

Court decisions defining cruel and unusual punishment and applies to death penalty statues

Second and fourth amendment

Involves concern about public safety and whether or not the government regulation of firearms or collection of digital metadata promotes or interferes with public safety and individual rights

Selective incorporation

Has imposed limitations on state regulation of civil liberties by extending select protections of the Bill of Rights to the states through the due process clause of the fourteenth amendment

Fifteen and fourteenth amendment

Include clauses which state that the government may not infringe on a person’s right to life, liberty, or property without due process of law

Fifth amendment

Applies to the national government

Fourteenth amendment

Applies to the states

Procedural due process

Requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights

Procedural rights of the accused and the prohibition of unreasonable searches and seizures

Right to legal counsel, speedy and public trial, and impartial jury. Protection against warrant less searches of cell phone data (4th).

Patriot and USA Freedom Acts

Limitations placed on bulk collection of telecommunication metadata

Fourth amendment

Right to be free from unreasonable searches and seizures and can’t be used against that suspect in criminal prosecution

Unenumerated rights

Implied by certain amendments that assume the existence of such rights

Ninth amendment

States that individuals have protect rights beyond those listed in the first eight amendments

Civil Rights

Protects individuals from discrimination based on characteristics such as race, national origin, religion, and sex—guaranteed to all persons under the due process and equal protection clauses

Title IX of the Education Amendments Act of 1972

Prohibits sex discrimination in any education program or activity receiving federal financial assistance

Civil rights Act of 1964

Prohibits discrimination in public places, provide for the integration of schools and other public facilities, and makes employment discrimination illegal

Voting Rights Act of 1965

Prohibits racial discrimination in voting

State laws and Supreme Court holdings based on the “separate but equal” doctrine

restricted African American access to the same restaurants, hotels, schools, etc., as the majority white population

Affirmative Action

Refers to policies intended to address workplace and educational disparities related to race, ethnic origin, gender, disability, and age