Civil Liberties and Civil Rights

Civil Liberties

Unit 4

Civil Liberties & Civil Rights: What’s the Difference?

  • Civil Liberties:

    • Protection against the abuse of power by the government.

  • Civil Rights:

    • Protection against discrimination based upon group identity.

    • Ensures that the law is applied equally irrespective of race, ethnicity, religion, age, or sex.

  • Statue of Freedom:

    • Located at the U.S. Capitol Building.

Declaration of Independence

  • Quotation:

    • "We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its power in such form, as to them shall seem most likely to affect their safety and happiness."

The Federal Prosecutor

  • Quote by Attorney General Robert Jackson (1940):

    • "The prosecutor has more control over life, liberty, and reputation than any other person in America…. There is a most important reason why the prosecutor should have, as nearly as possible, a detached and impartial view of all groups in his community. Law enforcement is not automatic. It isn't blind… It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group."

The Bill of Rights – Civil Liberties

  • Hamilton’s Federalist 84:

    • "…I go further, and affirm, that a bill of rights, in the sense and to the extent they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous…"

    • Highlights the concern that bill of rights might imply more powers than granted.

The Doctrine of “Incorporation”

  • The framers viewed the Constitution as limiting federal power and not detailing restrictions on states or individuals.

  • Traditionally, cities and states crafted local statutes.

  • The Bill of Rights primarily prohibited Congress and the Federal Government from infringing upon rights.

  • Gitlow v. New York (1925):

    • The Supreme Court began selectively incorporating the Fourteenth Amendment, specifically its Due Process and Equal Protection Clauses, to States.

Amendment I

  • Text:

    • "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Freedom of Religion

  • Northwest Ordinance (1787), Sec 14, Art 3:

    • "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."

  • Washington’s Thanksgiving Day Proclamation (1789):

    • "…I do recommend and assign Thursday, the Twenty-Sixth Day of November next, to be devoted by the people of these States to the service of that great and glorious Being…"

Everson v. Board of Education (1947)

  • Justice Black's Opinion:

    • "In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State.’"

  • Justice Rutledge's Dissent:

    • Emphasizes the dual prohibitions of the First Amendment regarding religion, arguing for a broader interpretation of free exercise.

Establishment Clause

  • The Court has consistently upheld the “wall of separation” since 1947, striking down prayers in public schools.

  • Key Cases:

    • Engel v. Vitale (1962): School prayer is unconstitutional.

    • Abington Township v. Schempp (1963): School-sponsored Bible reading/prayer is unconstitutional.

    • Lemon v. Kurtzman (1971): Introduced a three-part test:

    1. Its purpose must be secular.

    2. Its primary effect must neither advance nor inhibit religion.

    3. It must not foster excessive government entanglement with religion.

    • Zelman v. Simmons-Harris (2000): School vouchers for religious education are constitutional.

Dangerous Speech – Wartime and Peace

  • "Clear and Present Danger":

    • Schenck v. United States (1919):

    • "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic…"

  • "Imminent Lawless Action":

    • Brandenburg v. Ohio (1969): Defines danger as being "imminent" or likely to occur at any moment.

Community Sensitivities and Free Speech

  • Kunz v. New York (1951): States cannot require permits for speaking on Constitutional issues.

  • Snyder v. Phelps (2011): Protects offensive speech in public places regarding matters of public concern, affirming First Amendment rights.

Other Limitations

  • Libel:

    • Definition: A written, false statement that defames another's character.

    • For public figures: must prove it is false, damaging, made with actual malice.

  • Obscenity:

    • Definition: Must appeal to "prurient interest" and lack serious literary, artistic, political, or scientific value.

  • Least Restrictive Means: Restrictions must employ the least-restrictive means to protect rights.

New York Times v. United States (1971)

  • Background involving the Pentagon Papers:

    • Government attempted to stop publication of classified material by the New York Times.

  • Supreme Court Ruling:

    • Emphasized the importance of a free press in exposing government deception.

    • Prior Restraint: Government cannot censor prior to publication unless there is a clear national security interest.

Symbolic Speech

  • Street v. New York (1969): Invalidated a law prohibiting flag desecration.

  • Justice Fortas’ Dissent: Acknowledged the tension between protest and lawfulness.

Wartime Limitations

  • Habeas Corpus: Article I, Section 9.

    • Suspension allowed only during rebellion/invasion for public safety.

  • Examples:

    • Lincoln’s Suspension: During draft riots, allowed imprisonment without trial.

    • FDR’s Executive Order 9066: Authorized internment during WWII.

  • Sedition: Actions inciting rebellion are not protected during wartime.

How Would You Decide? (Hypothetical Supreme Court Cases)

  • Case 1: Prohibition on showing films with nudity;

    • Your Decision?: Explore First Amendment rights related to nudity.

  • Case 2: Military exclusion of Dr. Spock from a base;

    • Your Decision?: Assess distinction of military vs. public spaces.

  • Case 3: Town ordinance forbidding signs in changing neighborhoods;

    • Your Decision?: Examine free speech in realty context.

  • Case 4: Broadcasting a rape victim’s name;

    • Your Decision?: Weigh privacy rights against public interest.

  • Case 5: Equal space for candidates in media;

    • Your Decision?: Balance editorial rights against free speech.

  • Case 6: Broadcasting a performer’s act without consent;

    • Your Decision?: Evaluate rights related to incomeagainst broadcasting free speech.

How the Court Decided (Summary of Cases)

  • Case 1: Drive-in movie won (6-3).

  • Case 2: Military won (6-2).

  • Case 3: Realty firm won (8-0).

  • Case 4: TV station won (8-1).

  • Case 5: Newspaper won (unanimous).

  • Case 6: Zacchini won (5-4).

Amendments II and III

  • Abraham Lincoln Quote:

    • Stressing people's right to amend or overthrow government.

  • Amendment II:

    • "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

  • Amendment III:

    • "No Soldier shall, in time of peace, be quartered in any house without the consent of the Owner…"

The Right to Bear Arms

  • District of Columbia v. Heller (2008):

    • Supreme Court ruled the Second Amendment protects individual rights to possess firearms, not solely in connection with militia service.

Amendment IV

  • Text:

    • "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…"

Searches & Seizures

  • Mapp v. Ohio (1961): Introduced Exclusionary Rule: Improperly gathered evidence cannot be used in trial.

  • Arizona v. Evans (1995): Established Good-Faith Exceptions: Minor errors may not invalidate the evidence.

  • Note: Constitutional protections apply against government, not employers.

U.S.A. PATRIOT ACT

  • Purpose: Enhancing government surveillance capabilities post-911.

  • Key Provisions:

    • Allows monitoring of phone calls, internet communications, and voice mails.

    • Created FISA Courts which enable secret warrant issuance with low thresholds for evidence standards.

Amendment V

  • Text:

    • "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The Miranda Rule

  • Requirement for police to inform arrested individuals of their rights.

  • The Miranda Warnings include:

  1. Right to remain silent.

  2. Any statement can be used against you.

  3. Right to an attorney.

  4. If you cannot afford one, an attorney will be provided.

  5. Right to stop giving a statement at any time.

  • Involves overturning Ernesto A. Miranda's conviction due to failure to inform him of these rights.

Amendment VI

  • Text:

    • "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…"

Gideon v. Wainwright (1963)

  • Background: Gideon charged without a lawyer, requested representation, and was denied based on Florida law.

  • Supreme Court Ruling: Established that right to counsel for indigent defendants is fundamental and essential to fair trial, violating Fourteenth Amendment when denied.

Amendment VII

  • Text:

    • "In Suits of at common law, where the value in controversy shall exceed twenty dollars… the right of the trial by jury shall be preserved…"

Amendment VIII

  • History: Drawn from Magna Carta and English Bill of Rights.

  • Text:

    • "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Amendments IX and X

  • Amendment IX:

    • "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

  • Amendment X:

    • "The powers not delegated to the United States by the Constitution, nor prohibited it to the States, are reserved to the States respectively, or to the People."