Introduction to Civil Rights and Constitutional Court Cases

The Fourteenth Amendment and the Equal Protection Clause

• Central Legal Pillar: The $14^{th}$ Amendment is the foundational element for almost every civil rights case in United States history.
• Equal Protection Under the Law: This specific clause within the $14^{th}$ Amendment entitles all citizens to equal protection.
• Legal Theory of "Separate but Equal": Historically, the legal justification for segregation was the theory that as long as facilities were "equal," being separate was constitutionally permissible under the $14^{th}$ Amendment. However, it is recognized that being separate is inherently unequal.

Understanding Segregation: Types and Legal Definitions

• De Facto Segregation: This refers to segregation that happens by choice or circumstance rather than by law.     * Example: Students choosing where to sit in a classroom based on social groups is a form of de facto segregation.     * Metaphor: A middle school dance where boys stand on one side and girls on the other is de facto segregation; they are choosing to separate themselves.
• De Jure Segregation: This is segregation mandated by law (e.g., Jim Crow laws). This becomes a constitutional issue the moment the government forces the separation of people.

Major Civil Rights and Education Cases

• Brown v. Board of Education of Topeka, Kansas:     * While often shortened to "Brown v. Board," the full name includes "Topeka, Kansas."     * This case specifically ended segregation in public schools.     * It is considered a landmark incorporation case, applying the $14^{th}$ Amendment to the state level regarding education.
• Sweatt v. Painter:     * This case addressed racial discrimination in higher education.     * Specifically, it involved UT Austin (University of Texas at Austin).

The Principle of Selective Incorporation

• Definition: Incorporation is the legal process through which the Bill of Rights is made applicable to the states via the $14^{th}$ Amendment.
• Vehicle of Application: The $14^{th}$ Amendment serves as the "vehicle" to ensure that protections provided by the Bill of Rights against the federal government are also provided against state governments.
• Necessity of Incorporation: Without incorporation, the Bill of Rights only protects citizens from actions by the federal government. Since schools and many other services operate under state jurisdiction (federalism), incorporation is necessary to protect citizens' rights at the state level.

Voting Districts, Gerrymandering, and Representation

• Gerrymandering: The practice of drawing district lines to favor a specific political party or outcome.
• Purpose of Voter Map Protections: These protections exist to ensure that constituencies are heard equally and to prevent corruption in a democratic system.
• One Person, One Vote: In a perfect system, no individual's vote should mean less than another's.
• Population Disparities:     * In reality, some rural counties may have as few as $30$ people, while metro districts like Houston may have between $3,000,000$ and $4,000,000$ people.     * If a map is not drawn fairly, a single vote among $30$ people carries significantly more weight than a single vote among millions.
• Political Control: Typically, the winning political party draws the maps, which provides them with a tool to remain in power consistently.
• Strict Scrutiny: This is a legal term indicating that a practice (like restricting based on race) is presumed illegal unless the government can prove a compelling and necessary need for it.
• The Roberts Court and Recent Changes:     * As of approximately late June/early July (relative to the lesson), the Supreme Court has made significant changes.     * The court has ruled on the legality of racial gerrymandering, with the speaker noting that portions of the Voting Rights Act (Section $2$) have seen their enforcement power ("teeth") removed.

The First Amendment: Religious Freedom and School Environments

• Engel v. Vitale: This case established that government institutions (like public schools) cannot force students to participate in public prayer (e.g., prayer over an intercom).
• The Lemon Test: For approximately $40$ years, this was the legal standard for determining if government action violated the Establishment Clause. It was recently overturned (circa $2022/2023$), but remains relevant for academic discussion. The three parts were:     * $1.$ No direct government funding of religion.     * $2.$ No government endorsement of religion.     * $3.$ No preferential treatment of one religion over another.
• Permissible Religious Activities in Schools:     * Religious clubs (e.g., FCA) are allowed if they meet before or after school, are not required, and do not interfere with school business or block entrances.     * Coaches and Sports: Voluntary prayer in a huddle is generally considered constitutional as long as students are not forced to participate or punished for opting out.     * Facility Use: Public schools must generally open their doors to any group (Synagogues, Christian churches, etc.) if they allow any public group to use the building, without discriminating against specific denominations.

Rights of the Accused and Judicial Cases

• Gideon v. Wainwright:     * Based on the $6^{th}$ or $7^{th}$ Amendment.     * Establishes that the state must provide an attorney to defendants who cannot afford one, regardless of the level of crime (misdemeanor or felony).
• Escobedo v. Illinois:     * A "cousin" case to Gideon.     * Ensures that a suspect has the right to have a lawyer present during police questioning.
• Miranda v. Arizona:     * Established the "Miranda Rights" which inform suspects of their right to remain silent and their right to an attorney.

Freedom of Expression and Speech Plus

• Tinker v. Des Moines: A First Amendment case regarding freedom of expression. Specifically, students protesting a war in the $1960s$.
• Defining Speech:     * What you say (verbal expression).     * What you wear (clothing/clothing items).     * Organizations you join.     * Actions you take (Speech Plus).
• Speech Plus: This involves expressing yourself through an action, such as protesting, boycotting, or marching.
• Limits on Speech in Schools:     * Speech is not protected if it presents a "clear and present danger" or incites violence (e.g., a shirt inciting violence against a president).     * In a school setting, speech cannot interfere with daily educational activities or violate non-censorship codes (e.g., dress codes that ban hats or advertisements for alcohol).
• New York Times Co. v. United States: This case addressed "prior restraint," ruling that the government generally cannot pre-censor information or stories before they are printed/released.

Other Notable SCOTUS Cases

• Wisconsin v. Yoder: The federal government cannot force children to attend school if it violates their religious beliefs, specifically drawing a line at the completion of the $8^{th}$ grade.
• Shaw v. Reno: Dealt with restricting regional districts and the application of "strict scrutiny" to race-based redistricting.
• Baker v. Carr: Addressed legislative apportionment; related to the enforcement of the Voting Rights Act.
• US v. Lopez: Ruled that Congress could not use the Interstate Commerce Clause to ban guns in school zones. This authority belongs to the local districts, not the federal government.
• Citizens United v. FEC: Established that corporations have First Amendment speech rights, leading to unlimited corporate spending in elections.
• McDonald v. Chicago: Incorporated the $2^{nd}$ Amendment (right to bear arms) to the state level via the $14^{th}$ Amendment.

Questions & Discussion

• Question (Student): Which amendment? 14?     * Response (Instructor): Yep. Any segregation case… the fourteenth amendment… All of us are entitled to equal protection under the law.
• Question (Instructor): What is incorporation?     * Response (Student): [Inaudible student response]     * Response (Instructor): Every incorporation case… the vehicle to make the bill of rights apply to you at the state level is the fourteenth amendment.
• Question (Instructor): What was the Lemon test?     * Response (Student): [Inaudible student response]     * Response (Instructor): Essentially, if we can prove the government is funding, endorsing, or preferential to a religion… that's a no go.
• Question (Instructor): If you wear a MAGA hat, is that allowed at school?     * Response (Student): It is, but you'd probably get a shirt [correction].     * Response (Instructor): We have a no-hat situation… regardless of what was on that hat… that is not a matter of political censorship, it just matters that we don't allow hats.
• Question (Instructor): Is a coach's prayer allowed?     * Response (Student): She's not forcing you.     * Response (Instructor): If it's a huddle you can walk out of and not be punished for, then that is constitutional.