University Lecture Notes: Civil Liberties, Civil Rights, and Constitutional Law

Class Logistics and Administrative Announcements

• Personal Day Notification: The professor will be taking a personal day on Tuesday, the $19^{th}$. There will be no class that day; a Canvas message will be sent to remind the students.
• Discussion Forums: The grading for recent discussion forums is completed. Students are encouraged to read the feedback provided if they are dissatisfied with their scores.
• Canvas Checkpoints: For the first time this quarter, automated checkpoints are being assigned to remind students to return to discussion forums on Sundays.
• Voter Registration Extra Credit:
      - Students can receive $20$ extra credit points for registering to vote (or "pinky promising" to do so when they are eligible).
      - This opportunity is available to all students, regardless of age, citizenship status, or documentation status. The professor emphasized a strict policy of non-discrimination for undocumented or international students.
      - If students are under $18$ (at least $16$ in some cases) or non-residents, they should notify the professor to receive credit.
      - Issues with driver's license numbers in the registration system can be bypassed with a promise to register eventually.

Conceptual Framework: Civil Liberties vs. Civil Rights

• Terminology and Document Origins:
      - Civil Liberties (Chapter 4): Often associated with the Bill of Rights. These are interpreted as negative rights.
      - Negative Rights: Protections from the government. They represent claims against the government to prevent overreach or the actions of a "Leviathan" government. The Anti-Federalists specifically required these for the ratification of the Constitution.
      - Civil Rights (Chapter 5): Interpreted as positive rights.
      - Positive Rights: Rights afforded and guaranteed by the government. Key amendments include the $13^{th}$, $14^{th}$, and $15^{th}$.
      - The $19^{th}$ Amendment ($1920$): Guaranteed women's right to vote, concluding a battle that lasted over $100$ years (approximately $105$ since the movement's peak).
      - The $26^{th}$ Amendment: Changed the legal voting age from $21$ to $18$.
• Philosophical Debate: Some philosophers argue that writing down a specific list of rights (like the Bill of Rights) might unintentionally limit freedoms by suggesting any right not listed is not protected.

The First Amendment: Freedoms and Societal Balance

• Core Components: Freedom of Speech, Press, Religion, and the right to Protest/Assemble.
• Freedom of the Press:
      - The press acts as the "watchdog" of the government, investigating and reporting without fear of retribution.
      - Mentioned the White House Correspondence Dinner and recent unprecedented tensions between the executive branch and the media.
• Freedom of Speech Boundaries:
      - Public Sphere: Speech is most protected in the public domain.
      - Workplace/Private Sphere: Private companies (e.g., Microsoft) can curtail speech. Employees of government agencies (e.g., DSHS) may also face restrictions on political attire.
      - Military: Members of the military take an oath to the Constitution but often have their speech regulated compared to civilians.
      - Schools: In K-$12$ systems, schools can penalize students for walkouts (e.g., detention) though they cannot technically strip constitutional rights.

The Second Amendment: Rights and Public Policy

• Interpretation: The amendment references a "well-regulated militia." Current Supreme Court interpretation defines this through the National Guard, rather than private armed groups.
• Contextual History: Cited Shays' Rebellion as a background for the need for protection against government failure.
• Socioeconomic Impacts of Regulation:
      - Washington State is implementing a new law in $2027$ requiring training and the firing of $50$ live rounds for permits.
      - Debate arises whether these costs act as a "poll tax," preventing low-income individuals or historical minorities in high-crime areas from exercising their rights.
• Private Property Rights:
      - The Starbucks Example: During a controversy where Starbucks (a private company) banned firearms, gun rights activists held "coffee-and-guns" protests.
      - The professor shared an anecdote from a campaign where a candidate (who had served $16$ years in the legislature) had a physical reaction to seeing armed patrons in a Starbucks, arguing that the right to "feel safe" should balance the right to "bear arms."
      - Tacoma Mall: While the mall posts "no gun" signs, these often have no legal standing for concealed carry unless a patron is asked to leave and refuses (becoming a trespasser).

Legal Interpretations and Judicial Tests

• The Establishment Clause (Religion): Prevents a state-sponsored religion. It focuses on the idea of accommodation rather than a total "wall of separation."
• The Lemon Test: A Supreme Court test to determine if a state action shows a preference for one religion over another. Actions failing this are unconstitutional.
      - Case Studies: Santeria animal sacrifice and the use of peyote in Native American ceremonies have been tested under religious freedom laws.
      - Hobby Lobby: A private corporation won a Supreme Court case allowing them to deny health insurance coverage for contraceptives (like the Plan B pill) based on the owners' religious beliefs.
• Speech Restriction Tests:
      - Clear and Present Danger: Language can only be regulated if it presents an immediate threat.
      - Imminent Lawless Action: Established to determine if speech (like that preceding the January 6 events) is intended to produce immediate illegal activity.
• The Miller Test (Obscenity): Used to define obscenity. Obscenity is defined locally; what is obscene in Alabama might not be in Washington.
      - Animation Exemption: Animation often has different rules than live-action depictions (e.g., The Simpsons, Family Guy, and anime like Cuties).

The Intersection of Speech and Lawless Action

• Hate Speech vs. Hate Crimes:
      - Slurs and bigoted language are generally protected under the First Amendment (e.g., Neo-Nazi protests).
      - It becomes a crime the moment it incites imminent lawless action (e.g., "Let's go kill them") or involves physical vandalism (e.g., drawing a swastika on a home).
• Symbolic Speech:
      - Flag Desecration: The Supreme Court ruled that burning the American flag is a protected form of symbolic protest.
      - Symbolic Attire: Wearing a flag as clothing is technically considered desecration according to traditional flag codes, yet it remains protected speech.
• Obscenity and Music:
      - Mentioned NWA, Eminem, and Tipper Gore (Parental Advisory stickers).
      - One man's vulgarity is another man's lyric (Cohen v. California concept).
      - Assassination threats against the President are not protected and can lead to imprisonment.

Social Conduct and Cultural Conflict

• Fighting Words: Words intended to incite violence.
• Mutual Combat: Washington is a "mutual combat" state, meaning if two parties agree to fight, it is legally distinct from assault.
• Political Correctness and Identity:
      - The professor discussed the use of pronouns and the social effects of language.
      - Distinctions were made between sexual orientation/gender identity and "meme" identities (e.g., the "Apache attack helicopter" meme), which the professor dismissed as invalid comparisons.

Questions & Discussion

• Esther's Question: Can points still be submitted if they are late?
      - Response: Yes, the professor wants students to be able to submit work throughout the course.
• Student Question (Military Context): The student noted that in the military, freedom of speech is not the same as in the public sphere.
      - Response: The professor confirmed that certain environments (military, private workplace) can legally curtail speech that the government cannot.
• Jose's Question: Recalled a teacher saying students' rights are suppressed in the school system regarding disrespecting the school.
      - Response: Confirmed that school environments have specific rules that do not necessarily infringe on constitutional rights but set behavioral boundaries.
• Student Question (Theft Policy): A student asked why they are not allowed to stop shoplifters at their job.
      - Response: This is usually a corporate policy to prevent lawsuits and protect employee safety from potentially dangerous individuals.
• Closing Topic: The Westboro Baptist Church was introduced as a case study for the intersection of religion and speech, specifically their picketing of military funerals.