civil liberties and civil rights

Civil Liberties and Civil Rights

Part I: Civil Liberties

Definition of Civil Liberties

  • Civil liberties: Individual rights and constitutional freedoms that Americans enjoy and on which the government may not encroach.

  • The Bill of Rights guarantees a variety of civil liberties.

Liberties Contained in the Bill of Rights

  • Table 4.1: Liberties and Incorporation Status

    • Amendment | Status of Liberty | Incorporation Status

    • Sixth Amendment

      • Right of defendants to have a speedy, public trial - 1967

      • Right of defendants to have a trial by jury - 1968

    • First Amendment

      • No government establishment of religion - 1947

      • Free exercise of religion - 1940

      • Freedom of speech - 1927

      • Freedom of the press - 1931

      • Freedom to peacefully assemble - 1937

      • Freedom to petition the government for redress - 1937

    • Seventh Amendment

      • Right of defendants to have a trial by jury in civil suits - Not incorporated

    • Second Amendment

      • Right to bear arms - 2010

    • Third Amendment

      • Protection against quartering of soldiers in private homes during times of peace - Not incorporated

    • Eighth Amendment

      • Protection against excessive bail or fines - 2019

      • Protection against cruel and unusual punishment - 1962

    • Fourth Amendment

      • Protection against unwarranted searches and seizures - 1949

    • Fifth Amendment

      • Protection against trial for major crimes without a grand jury indictment - Not incorporated

      • Guarantee against double jeopardy for the same offense - 1969

      • Protection against self-incrimination - 1964

      • Protection against denial of life, liberty, or property without due process - Specified in the Fourteenth Amendment

      • Protection against eminent domain without just compensation - 1896

    • Ninth Amendment

      • Guarantee of unwritten rights retained by the people - N/A

      • Note: The Ninth Amendment cannot be incorporated as it does not enumerate a specific right, but it was used in 1965 to incorporate the unwritten right to privacy.

    • Tenth Amendment

      • Grants powers to states not reserved for the national government or prohibited to the states - N/A

Evolution of Civil Liberties

  • Historically, civil liberties outlined in the Bill of Rights were not binding on state governments until the process termed selective incorporation began. Some provisions remain not incorporated (e.g., portions of Fifth and Seventh Amendments).

  • Civil liberties are not absolute; there is an ongoing struggle to balance government authority to ensure public order with individual freedoms.

  • Interpretation of civil liberties has been shaped by various Supreme Court rulings, which set precedents in constitutional jurisprudence.

The First Amendment

  • Text: "Congress shall make no law respecting an 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."

Employment Division v. Smith (1990)

  • Case: Two Native American drug counselors were terminated for using peyote as part of a religious ceremony. The state denied them unemployment benefits, stating the termination was due to illegal drug use.

  • Question: Did Oregon violate their First Amendment right to freely exercise their religion?

  • Decision: 6-3 ruling upheld the state's policy, stating the law banning peyote was a neutral law of general applicability and not discriminatory against Native American practices.

  • Implication: States are not required to accommodate illegal acts performed in religious practice.

Church of Lukumi Babalu Aye, Inc. v. City of Hialeah (1992)

  • Case: The Church practiced Santeria, including animal sacrifice. After the church's announcement, Hialeah adopted ordinances banning animal sacrifice, exempting certain activities.

  • Question: Did these ordinances violate the church's First Amendment rights?

  • Decision: Unanimous ruling that Hialeah's ordinances specifically targeted religious practices of the Santeria faith, failing the strict scrutiny standard, indicating they had to be justified by a compelling governmental interest.

Restrictions on the First Amendment: When is Free Speech Not Protected?

  • Incitement: Speech directed at inciting imminent lawless action and likely to produce such action.

  • True Threats: Serious expressions of intent to commit unlawful violence.

  • Fighting Words: Direct, face-to-face communications that provoke immediate violence.

  • Obscenity: Material that lacks serious value and is lewd or offensive.

  • Defamation: Libel and slander.

  • Fraud: Misrepresentation intended to deceive.

  • Hate Speech: Protected under First Amendment; debates arise over its social and political impacts.

The Fourth Amendment

  • Text: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…"

United States v. Jones (2012)

  • Case: The police placed a GPS tracker on a suspected drug trafficker's car without a warrant.

  • Question: Was this a violation of the Fourth Amendment?

  • Decision: The Supreme Court ruled unanimously that this action violated the Fourth Amendment, establishing a reasonable expectation of privacy in private property, such as cars.

Riley v. California (2014)

  • Case: Riley was arrested, and police searched his cell phone without a warrant, finding incriminating evidence.

  • Question: Was this a Fourth Amendment violation?

  • Decision: Unanimous ruling indicating that cell phones are considered minicomputers with vast amounts of private information, requiring warrants for searches unless in emergencies.

Recent Supreme Court Decisions Relevant to the First and Fourth Amendments

  • Tanvir v. Tanzin (2020): Individuals may sue federal law enforcement for religious rights violations.

  • Federal Bureau of Investigation v. Fazaga (2022): FBI's surveillance of a mosque raised questions of First and Fourth Amendment violations; the Court ruled on state secrets privilege, not on the constitutionality of FBI actions.

The Fifth Amendment

  • Text: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…"

Historical Context: Japanese Internment (1942-1946)

  • Exposed a grave violation of civil liberties based on discrimination and racism against Japanese Americans during WWII.

  • Executive Order 9066 led to over 100,000 Japanese Americans being forced into internment camps under poor conditions without due process.

  • Korematsu v. United States (1944): Upheld the internment, despite evidence indicating Japanese Americans were not a security threat, exemplifying how wartime sentiments can curtail civil liberties.

Righting a Wrong: Redress for Internment

  • 1982: A commission concluded that Japanese internment stemmed from racial prejudice and national failure.

  • Civil Liberties Act of 1988 issued apologies and financial redress to interned individuals.

  • Ironically, Korematsu was repudiated in Trump v. Hawaii (2017), noting it was wrong from inception.

Part II: Civil Rights

Definition of Civil Rights

  • Civil rights provide protections against unequal treatment under the law, guaranteed by the government.

  • Rooted in the 14th and 15th Amendments.

    • 14th Amendment: Guarantees equal protection and privileges or immunities of citizenship.

    • 15th Amendment: Ensures voting rights regardless of race.

Progress in Civil Rights

  • Achieved through social mobilization and legal change.

  • Aims to rectify inequality of opportunity (laws denying benefits) and inequality of outcome (social forces favoring one demographic).

The Champion of Civil Rights: "Letter from a Birmingham Jail" (1963)

  • Key Points:

    • Unjust Law vs. Just Law: Just laws align with moral law or the law of God; unjust laws must be disobeyed openly and lovingly.

    • Interconnectedness of Justice: Injustice anywhere threatens justice everywhere.

    • Purpose of Direct Action: To provoke negotiation and confront non-negotiable issues.

    • Historical Progress: Achieved through tireless activism, not inevitability.

Characteristics of Successful Social Movements

  • Social Movement: A sustained challenge to authority by groups marginalized from the political process.

  • Success factors include experienced leaders, solid organization, and clarity of goals and tactics.

Civil Rights Legislation Reminders

  • Civil Rights Act (1964): Prohibits discrimination based on race, religion, sex, etc., and targets voter registration disparities and segregation.

  • Voting Rights Act (1965): Protects against racial discrimination in voting.

  • Fair Housing Act (1968): Prevents discrimination in housing transactions.

  • Women’s Rights Legislation: 19th Amendment (1920), Equal Pay Act (1963), Title IX (1972), Roe v. Wade (1973), and others provided crucial protections against discrimination based on sex.

Evolution of Gender Equality and LGBTQ+ Rights

  • RBG's Leadership: Instrumental in using the 14th Amendment to advocate for women's rights.

  • Supreme Court cases (Frontiero v. Richardson, Weinberger v. Weisenfeld) shifted towards gender equality interpretation under the law.

  • Recent Decisions: Included rulings like Romer v. Evans, Lawrence v. Texas, Obergefell v. Hodges,
    Bostock v. Clayton County, affirming LGBTQ+ rights under civil rights laws.

Present Day Civil Rights Issues

  • Ongoing discussions about de jure (by law) vs. de facto (in practice) rights.

  • Current key issues: Voting rights, reproductive rights, LGBTQ+ rights, and the upcoming Equality Act.

Conflicts between Civil Liberties and Civil Rights

  • Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018): Estimated protected religious beliefs against anti-discrimination mandates. The court found that the case involved conflicts between civil rights protections for LGBTQ+ people and First Amendment rights of free exercise of religion.

  • Fulton v. City of Philadelphia (2021): Catholic Social Services claimed its First Amendment rights were violated when barred from fostering because of refusal to work with same-sex couples. The Supreme Court supported CSS, indicating nuanced intersections of civil liberties and rights.

Concluding Thoughts:

  • Civil liberties and civil rights remain critically intertwined and under ongoing negotiation in legal settings. Chief Justice Charles Evans Hughes emphasized the reliance on public opinion and active citizenship to uphold constitutional integrity.

(100+ pages worth of notes distilled into exhaustive bullet-point format, covering basic rights, court cases, legislative changes, historical injustices, and philosophical reflections of constitutional interpretation across civil liberties and civil rights.)