Civil Liberties and Civil Rights: In-Depth Notes

Civil Liberties and Civil Rights

• Enduring Understanding: The U.S. Constitution’s Bill of Rights is perpetually interpreted to find a balance between governmental power and individual civil liberties.

Bill of Rights

• Objective: Explain how the U.S. Constitution protects individual liberties and rights through the Bill of Rights, which consists of the first ten Amendments to the Constitution.
• Civil Liberties: Constitutional guarantees and freedoms protecting citizens, their opinions, and property from arbitrary government interference.
• Interpretation: The application of the Bill of Rights is subject to continuous reinterpretation by the courts.

First Amendment: Freedom of Religion

• Establishment and Free Exercise Clauses: Reflect ongoing debates to balance majority religious practices with individual freedoms.
  • Key Cases:
  • Engel v. Vitale (1962): Ruled that school-sponsored religious activities violate the establishment clause.
  • Wisconsin v. Yoder (1972): Held that compelling Amish students to attend school beyond eighth grade violates the free exercise clause.

First Amendment: Freedom of Speech

• Symbolic Speech: Protected under the First Amendment.
  • Case Example: Tinker v. Des Moines Independent Community School District (1969) ruled that students wearing black armbands in protest of the Vietnam War were protected under free speech.
• Limitations: Balancing social order and individual freedom includes:
  • Regulations based on time, place, and manner.
  • Restrictions against defamatory, offensive, and obscene statements.
  • Speech causing a “clear and present danger” as seen in Schenck v. United States (1919).

First Amendment: Freedom of the Press

• Protection of Press: The Supreme Court upheld the freedom of the press, emphasizing a strong presumption against prior restraints, even concerning national security.
  • Case Example: New York Times Co. v. United States (1971).

Second Amendment: Right to Bear Arms

• Supreme Court interpretations emphasize constitutional commitment to individual liberty regarding firearm possession.

Balancing Individual Freedom with Public Order and Safety

• Court decisions on issues such as cruel and unusual punishment relate to the Eighth Amendment and its impact on state death penalty laws.
• Controversies regarding the Second and Fourth Amendments reflect concerns over public safety in regulating firearms and digital metadata collection.

Selective Incorporation

• Doctrine of Selective Incorporation: Limits state regulation of civil rights and liberties, as exemplified by McDonald v. Chicago (2010) which applied the Second Amendment's right to bear arms via the Fourteenth Amendment.

Due Process and the Rights of the Accused

• The due process clause restricts states from infringing individual rights, but courts occasionally allow restrictions when the speech threatens public safety.
• Miranda Rule: Requires law enforcement to inform accused persons of their rights, though there is a “public safety” exception.
• Pretrial Rights: Includes rights to legal counsel, a speedy trial, and protection against unreasonable searches and seizures:
  • Gideon v. Wainwright (1963) ensures the right to an attorney for the indigent.
  • Exclusionary Rule: Evidence obtained by violating the Fourth Amendment cannot be used in prosecution.

Due Process and the Right to Privacy

• The right to privacy is implied within the due process clause despite lacking explicit mention in the Constitution, leading to contentious interpretations.

Social Movements and Equal Protection

• Civil rights protect against discrimination based on race, national origin, religion, and sex.
• Equal Protection Clause: Supports and motivates social movements, illustrated by historical leaders and events:
  • Dr. Martin Luther King’s civil rights movement and the “Letter from a Birmingham Jail.”
  • The National Organization for Women and the women’s rights movement.
  • Pro-life (anti-abortion) movement.

Government Responses to Social Movements

• The government can respond through court rulings or legislation. Examples include:
  • Brown v. Board of Education (1954): Declared race-based school segregation unconstitutional.
  • Legislative measures such as the Civil Rights Act of 1964 and Title IX.

Balancing Minority and Majority Rights

• Court Restrictions: At times the rights of minorities have been restricted; in other cases, they were protected:
  • Historical instances of laws restricting African-American rights.
  • Brown v. Board of Education (1954) shifting towards protection of minority rights.
• Some Supreme Court decisions have upheld majority rights at the expense of minority protection.

Affirmative Action

• Debate: Tensions between arguments for a colorblind Constitution versus those advocating for limited racial classifications to assist minorities.