American Government: Final Lecture on Civil Rights and Civil Liberties
End-of-Semester Logistics and Grading Requirements
Deadline Priority: All remaining course requirements must be submitted by 11:59 PM on May 12th (one week from the final class date, May 5th).
Mandatory Final Tasks: - Chapter 14 and 15 Discussion: Completion of the final digital discussion boards. - Final Paper: This assignment is submitted in lieu of a formal final exam. The portal was opened approximately two weeks prior to the deadline. - Course Evaluation: Completion of the standard university instructional evaluation.
Submission Guidelines: - The final paper must be uploaded via Blackboard. - PDF format is the preferred file type for submissions. - Students may use any standard citation style (APA, MLA, etc.) as long as it is applied consistently throughout the document.
Finality of the Term: There is no separate final exam during the exam period; the paper serves this academic purpose entirely.
Recent Supreme Court Rulings and the Voting Rights Act
The Voting Rights Act (1965): Originally passed by Congress and signed by President Johnson, this act codified the Fifteenth Amendment. It was designed to dismantle roadblocks to Black suffrage such as poll taxes and literacy tests.
Redistricting and Racial Equity: The 1965 Act mandated that states cannot draw congressional district lines in a way that harms racial minorities. States were legally required to consider the diversity and demographic makeup of their population when drawing these lines.
Gerrymandering Mechanisms: - Scenario A (Representative): In a state with five districts where non-white populations are concentrated, drawing vertical lines may result in two districts where non-white voters can elect a representative of their choice. - Scenario B (Dilution): By drawing horizontal lines that spread the non-white population thinly across all five districts, the non-white population becomes a permanent minority in every district ( out of seats), effectively eliminating their representation.
Current Legal Shift: Recent rulings by the US Supreme Court (comprising six Republican-appointed judges) have significantly altered the enforcement of the Voting Rights Act. - The Court ruled that states are no longer required to take race into account to protect certain racial classes when drawing lines. - The rationale provided is that the country has "evolved" since 1965 and the protections of the Civil Rights era are no longer necessary. - Louisiana Case: Following this ruling, Louisiana and several other Southern states moved to redraw House district lines, a move expected to reduce the number of non-white and Democratic representatives in Congress.
Department of Justice Oversight: A few years ago, the Supreme Court overruled the provision requiring Southern states (with histories of segregation) to clear their redistricting plans with the Department of Justice before implementation.
Civil Liberties: The Bill of Rights and the First Amendment
Origins of the Bill of Rights: The Constitution was initially adopted without specific rights protections to focus on the form of government. As a compromise, the first Congress and President George Washington immediately adopted ten amendments known as the Bill of Rights.
The Five Freedoms of the First Amendment: 1. Speech. 2. Religion. 3. Press. 4. Assembly: Must be "peaceful." There is no right to violent assembly or attempts to overthrow the government. 5. Petition: The right to ask the government to take or cease an action without fear of punishment.
The Establishment Clause: "Congress shall make no law respecting the establishment of religion." This prohibits the creation of a national religion (similar to the Church of England or the Catholic Church in Spain).
The Free Exercise Clause: "…or the free exercise thereof." This protects the right of individuals to practice any religion or no religion at all.
Public vs. Private Institutions: - Public Sector: State employees (like professors at Central Connecticut State University) cannot mandate religious practices in the classroom. Public institutions must provide "reasonable accommodation" for religious holidays (e.g., rescheduling exams). - Private Sector: Private colleges (e.g., Providence College) are within their rights to mandate religious practices, such as prayer before class.
Kennedy v. Bremerton School District (Coach Prayer Case): - A public high school football coach in Washington State was fired for kneeling and praying at the -yard line after games. - Lower courts sided with the school board, citing the coach's position of authority and the perceived pressure on students. - The Supreme Court overturned these decisions, ruling that the coach has the right to express himself religiously as long as he does not explicitly coerce students (e.g., threatening to bench them for non-participation).
Ambiguity in Separation of Church and State: Despite the "separation" doctrine, religious elements remain in US government functions: - Congressional sessions begin with prayer. - The phrase "So help me God" is traditionally added to the Presidential Oath of Office. - Currency features the phrase "In God We Trust." - Oaths in trials often include "so help you God."
Limits on Freedom of Speech
General Principle: Freedom of speech is not absolute; there are specific categories of unprotected speech.
Hate Speech and Fighting Words: Speech that incites violence or is associated with "fighting words" is not protected. For example, wearing a shirt with racial epithets in a way that incites conflict is not protected.
Commercial Speech: - The government can regulate speech related to commerce. For example, cigarette advertisements have been banned from television and radio since the 1970s because the public owns the airwaves. - Network vs. Cable/Subscription: Network television (NBC, CBS, ABC) is regulated because it uses public airwaves. Subscription services (HBO, SiriusXM, Internet) are less regulated because users "opt in" and pay, giving them the choice to avoid content.
Obscenity: - The government can regulate where and how obscene materials are sold. - Potter Stewart’s Definition: The famous Supreme Court standard for obscenity is "I know it when I see it." - Internet content (e.g., Pornhub) remains a "gray area" of regulation as Congress has not yet established comprehensive laws for digital obscenity or AI.
Libel: - Definitions: Intentionally lying about someone in a public way to cause harm. - Falwell v. Flint (1988): Larry Flint (publisher of Hustler) depicted preacher Jerry Falwell in a raunchy, satirical cartoon. The Supreme Court ruled 9-0 in favor of Flint, stating that public figures are subject to lampooning and satire, which is protected public discourse. - Legal Burden: To prove libel, a plaintiff must prove: (A) the statement was untrue, (B) it was maliciously intended, and (C) it caused actual harm.
Clear and Present Danger Test: Speech is not protected if it causes immediate danger, with the classic example being yelling "fire" in a crowded movie theater to cause a panic.
Rights of the Accused and Due Process
Foundational Concepts: Under the Fifth and Fourteenth Amendments, the government cannot deprive a person of "life, liberty, or property without due process."
Innocent Until Proven Guilty: The burden of proof lies entirely with the government (the plaintiff). They must prove guilt "beyond a reasonable doubt."
The Fourth Amendment: Protects against "unreasonable search and seizure." - Warrants: Generally, a police officer must obtain a search warrant from a judge by showing evidence of probable cause. - Exclusionary Rule: Evidence obtained through an illegal search is excluded from trial. - Exceptions: Warrants are not required in cases of "clear and present danger" (e.g., hearing screams for help inside a house) or certain "plain view" scenarios.
Rights during Trial (Sixth Amendment Context): - Right to Counsel: If a defendant cannot afford a lawyer, a public defender is appointed. - Speedy and Public Trial: Accused individuals must be brought before a judge within hours; trials cannot be held in secret. - Trial by Jury: Decisions of guilt or innocence are made by an impartial jury of "average folks," not professional lawyers. - Jurisdiction: Defendants are entitled to a trial in the location where the crime was allegedly committed.
Double Jeopardy: The government is prohibited from standing a person for trial for the same specific crime twice. Once a person is acquitted, the government cannot retry them for that same charge even if new evidence (or a confession) emerges.
The Historical Evolution of Civil Rights
The Reconstruction Amendments: - Thirteenth Amendment: Abolished slavery. - Fourteenth Amendment: Provided equal protection of the laws to all citizens. - Fifteenth Amendment: Granted Black men the right to vote.
Post-Civil War Backlash (Legalized Segregation): - Southern states implemented poll taxes (e.g., or dollar) and literacy tests to disenfranchise former slaves who were poor and illiterate. - Plessy v. Ferguson: The Supreme Court ruled that "separate but equal" was constitutional, allowing legal segregation to persist for decades.
The Civil Rights Revolution: - Brown v. Board of Education (1954): Overturned Plessy, ruling that "separate but equal" is inherently unequal. The lead lawyer was Thurgood Marshall, who later became the first Black Supreme Court Justice. - Civil Rights Act of 1964: Passed following President Kennedy's assassination and signed by Lyndon Johnson; it effectively made segregation illegal nationwide. - Voting Rights Act of 1965: Abolished racial restrictions on voting, including poll taxes and discriminatory gerrymandering.
Political Realignment: Following the 1964 Act, the South transitioned from being heavily Democratic to Republican. President Johnson famously remarked that he "gave away the South for the Democratic Party for generations."
Questions & Discussion
Student Question on 2024 Democratic Nominations: "Why did the Democratic caucus… I’ve seen a lot of backlash against them saying they should have just nominated… Bernie Sanders?" - Response: Bernie Sanders ran in the 2020 primary and lost the majority of Democratic votes to Joe Biden. In 2024, Biden ran unopposed in the primary. When he dropped out just a week before the convention, the party had only 107 days until the election. - Rationale for Kamala Harris: Bypassing the sitting Vice President (a Black woman) for another candidate (like a "white guy from Vermont") would have been politically disastrous for the party's base. Had Biden declined to run in 2023, an open primary would have allowed other candidates like Sanders, Pete Buttigieg, or Harris to compete for a year.
Discussion on Generational Politics: - The Professor characterized generations as follows: Greatest Generation (saved the country in WWII), Baby Boomers (focused on wealth/resources), Gen X (apathetic/flannel-wearing), Millennials, and Gen Z. - The Youth Vote: Politicians focus on seniors because seniors vote reliably in every election. If Gen Z wants their issues (student loans, housing affordability) addressed, they must increase their voting turnout in midterms and general elections.
Student Question on Discussion Boards: "Do we also have to do the peer responses for the last one?" - Response: Students should continue to engage with the discussion board as much as possible for Chapters 14 and 15, though it is noted that many students post at the last minute.