Unit 3: Civil Liberties and Civil Rights (copy)
December 15, 1791
First 10 amendments added to the Constitution within three years of its ratification
Originally written by James Madison
Civil liberties: protections from the abuse of government power
Civil rights: protections from discrimination based on race, gender, or other minorities
Barron v. Baltimore (1833): determined that Bill of Rights restricted national government but not state governments
Overturned in Gitlow v. New York, citing 14th Amendment restrictions on the states, concerned freedom of speech + press
Selective incorporation: court applies Bill of Rights on a case-by-case basis
Rights not incorporated and may be restricted by states:
Fifth Amendment, right to indictment by grand jury
Seventh Amendment, right to a jury trial in civil cases
Eight Amendment, protection against excessive bail and fines
All other parts of the Bill of Rights apply equally to state + national government
None of the rights in the Bill of Rights is absolute
Court has consistently weighed rights of individuals against society’s needs
Freedom of speech
Congress cannot pass a law preventing citizens from expressing their opinions
Supreme Court has placed limits on freedoms
Clear and present danger test: a person cannot cause panic for a false reason
No constitutional protection for slander/libel, obscenity, or speech to incite violence
Followed preferred position doctrine since 1940s in determining free speech limits
Free speech is fundamental to liberty
Any limits must be because of severe/imminent threats to the nation and limited to only constraining those threats
Court protects offensive but nonthreatening speech (ex. flag burning)
Schenck v. United States (1919): a socialist (Schenck) handing out leaflets telling men not to enlist was arrested, ruled constitutional because his speech posed a “clear and present danger” to the US
Unanimous decision, conviction was constitutional and resulting from violation of the Espionage Act of 1917
Tinker v. Des Moines (1969): John and Mary Beth Tinker wore black armbands to school to protest the Vietnam War
In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that the First Amendment protects minors at school under certain circumstances
7-2 decision, ruled that children in public schools were protected by the First Amendment if their speech did not violate constitutional, specific regulations and does not cause a “substantial disruption”
Freedom of the press
Few instances in which the government can use prior restraint (crossing out parts of an article before it is published)
Media has objected to limitations of news/media - usually go to court: ned to be informed vs. security concerns
Media’s responsibility to reveal information sources - Supreme Court ruled that reporters are not exempt from testifying and can be asked to name sources
Reporters who refuse to reveal sources can be arrested
Some state have created shield laws to protect reporters in state cases
Miller v. California (1973) established 3-part obscenity test
Would the average person judge the piece as appealing primarily to a person’s sexual instincts?
Does the work lack other value?
Does the work depict sexual behavior offensively?
New York Times v. United States (1971): Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers, the government sued
Said to have violated the Espionage Act of 1917
6-3 decision - Supreme Court ruled that the newspapers could publish the Pentagon Papers because the government had not had the proof necessary to enact prior restraint
Established a “heavy presumption against prior restraint” including in cases that involve national security
Freedom of petitioning the government
Freedom of assembly
Right to assemble peacefully
Does not extend to groups/demonstrations that would incite violence
Government can restrict crowd gatherings if applied equally to all groups
Groups must not interrupt day-to-day life
Court ruled that freedom of speech + freedom of assembly implies a freedom of association: government cannot restrict groups people belong to as long as they do not threaten national security
Letter from a Birmingham Jail (Martin Luther King Jr.)
MLK arrested in Birmingham for organizing marches and sit-ins to protest segregation
Wrote a letter to African American religious leaders, outlined key ideas about importance of nonviolent protest through peaceful assembly
Freedom of religion
Free exercise of religion
Not absolute - human sacrifice, polygamy, and denial of medical treatment to children are not allowed
Ruled that Jehovah’s Witnesses cannot be required to salute the American flag and Amish children may stop going to school after 8th grade
Court weighs individual rights to free religion against needs of society
Establishment clause: Constitution prevents government from establishing state religion
Wall between church and state is not solid
Court allowed government money to provide some parochial education
Allowed tax credits for non-public school costs
Lemon test after Lemon v. Kurtzman (1971)
Does the law have a secular purpose?
Is the law neutral towards religion?
Does the law avoid “excessive entanglement” between church and state?
Engel v. Vitale (1962): families sued their children’s school district for forcing prayer in the classroom
Violated First Amendment’s establishment cause
6-1 decision ruled that school prayer violated First Amendment
Wisconsin v. Yoder (1972): three Amish families were fined for taking their children out of school after eighth grade
8-1 decision ruled that Amish families were allowed to take their children out of school after the eighth grade (free exercise clause)
McDonald v. Chicago (2010): McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, said it violated 14th Amendment’s due process clause
5-4 decision ruled that states cannot impede their citizens’ rights to keep and bear arms
United States v. Lopez (1995): Alfonso Lopez arrested for taking a gun to school, convicted for violating Gun-Free School Zones Act of 1990
5-4 decision ruled that GFSZA was unconstitutional because it was under the commerce clause but didn’t relate to commerce
Restricts government agencies in criminal/civil procedural investigations, protects a person’s belongings from “unreasonable searches and seizures”
Police must go before a judge to justify a search of private property
Probable cause: judge believes that the search will find evidence of a crime
Search warrant: issued by a judge, limits where police search and what they can take as evidence
Exclusionary rule: all evidence illegally taken by police cannot be used as evidence
Objective good faith exception (1984): established by the Supreme Court, allows for convictions in cases where an illegal search occurred but was performed under the assumption that it was legal
Inevitable discovery rule: illegally seized evidence that eventually would have been found legally is admissible in court
Police may conduct a search without a warrant
May conduct a search of private property after a legal arrest, if the owner consents, if evidence is found in plain view, or if they have probable cause to believe they will find evidence of crime, especially when there are exigent circumstances (reason to believe evidence would disappear after a warrant was received)
Challenged by how the government can collect citizens’ data, especially digitally (wiretapping, collection of phone records, computer hacking)
Does the most to protect a citizen from the broad powers of the federal government
Guarantee of grand jury when a suspect is held for a capital/”infamous” crime
Prevents a person from being prosecuted repeatedly for the same crime by prohibiting double jeopardy
Establishes right of government to seize property for the public under auspices of eminent domain if the seizure can be compensated
Federal government cannot deprive a person of “life, liberty, or property by any level unless due process of law is applied”
Rights granted to the accused
Controversial rights
Some say they make it too hard to capture, try, and arrest criminals
Gideon v. Wainwright (1963): Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney
Unanimous decision that Florida violated 6th Amendment right to an attorney
Defendant cannot be forced to testify at a trial
Jury is not supposed to infer guilt if a defendant refuses to testify
Defendant must be informed of their right to remain silent, their right to a lawyer, and protection against self-incrimination when they arrested
“Miranda rights”
Allows the accused to be prosecuted by an impartial jury
Right to be informed of charges, confront witnesses, subpoena witnesses for defense, and have a lawyer
Forms basis for habeas corpus
Protects against illegal imprisonment, ensures a person cannot be held indefinitely without being charged in front of a judge/in court or without a legal reason to extend detention
Extended to misdemeanor cases if they could result in jail time
Right to a speedy trial
100-day limit between arrest and trial start
Prosecutors and defense attorneys can request an extension to prepare cases
Allows for trial by jury in common-law cases
Bans excessive bail/fines and cruel or unusual punishments
Not required to offer bail to all defendants
Bail Reform Act (1984): lets federal judges deny bail to dangerous defendants or those likely to flee the country
States are allowed to set bail as high as state law permits
Cruel and unusual punishment clause is the cause of debate over the death penalty
Court has placed limits on its applications
Court has upheld the constitutionality of the death penalty when used properly
The court has moved to make it easier for states to carry out the death penalty by limiting the nature and number of appeals allowed by convicted murderers on death row
Some states have enacted moratoriums on the death penalty - methodology problems, ethical objections, flawed trial processes
Limited federal government
Rights not mentioned in the Constitution are still protected
Implied right to privacy and other rights
Supreme Court ruled that Bill of Rights contained implied right to privacy in Griswold v. Connecticut
Combination of 1st, 3rd, 4th, 5th, 9th, and 14th amendments
The Fourteenth Amendment (ratified in 1868) addresses citizenship rights and equal protection under the law. Key provisions include:
Citizenship Clause: Defines citizenship, stating that all persons born or naturalized in the United States are citizens, regardless of race or previous conditions of servitude.
A fundamental component of the Fourteenth Amendment of the United States Constitution, ratified in 1868.
It ensures that states cannot deprive any person of life, liberty, or property without due process of law. This clause serves to protect individual rights by guaranteeing that government actions are fair and that individuals have a right to a fair hearing.
1. Substantive Due Process: Protects certain fundamental rights from government interference, including the right to privacy, the right to marry, and the right to raise children. Courts recognize that certain rights are so fundamental that they cannot be infringed upon without a compelling state interest.
2. Procedural Due Process: Focuses on the procedures that are followed before a person is deprived of life, liberty, or property. This includes the right to notice of the proceedings, the right to be heard, and the right to present evidence.
3. Judicial Interpretations: The Supreme Court has interpreted the Due Process Clause in numerous landmark cases, shaping its application. For instance, in Roe v. Wade (1973), the Court recognized a woman's right to choose an abortion under the right to privacy, emphasizing the importance of personal liberty in the context of due process.
4. Incorporation Doctrine: The Due Process Clause has played a critical role in the incorporation of the Bill of Rights, applying specific rights against the states through various Supreme Court rulings. For example, Gitlow v. New York (1925) applied free speech protections to the states.
5. Impact on State Laws: The Due Process Clause has caused states to reassess their laws and procedures to ensure conformity with constitutional standards, fostering fairness and justice within the legal system.
The Equal Protection Clause is a crucial component of the Fourteenth Amendment to the United States Constitution, ratified in 1868. This clause prohibits states from denying any person within their jurisdiction equal protection of the laws. The central intent of the clause is to ensure that individuals are treated equally and fairly under the law, aiming to prevent discrimination on the basis of race, gender, religion, or other characteristics.
Historical Context: The clause was introduced during the Reconstruction Era following the Civil War, in efforts to secure rights for newly freed slaves and to promote civil rights in general.
Judicial Interpretation: Over the years, the Supreme Court has interpreted the Equal Protection Clause in landmark cases, shaping its application. Notable cases include:
Brown v. Board of Education (1954): This landmark decision ruled that racial segregation in public schools was unconstitutional, marking a significant step towards desegregation and equality.
Roe v. Wade (1973): The court held that a woman's right to choose to have an abortion was protected under the right to privacy, which the court tied to the Equal Protection Clause.
Loving v. Virginia (1967): This decision struck down laws banning interracial marriage, reinforcing the idea that state laws cannot discriminate based on race.
Levels of Scrutiny: The courts employ different levels of scrutiny to evaluate laws under the Equal Protection Clause:
Strict Scrutiny: Applied to laws that discriminate based on race or fundamental rights. The government must prove that the law serves a compelling state interest and is narrowly tailored to achieve that interest.
Intermediate Scrutiny: Used for cases involving gender discrimination, requiring that the law serves an important governmental objective and is substantially related to achieving that objective.
Rational Basis Test: Applied to other classifications, requiring that the law be rationally related to a legitimate governmental interest.
Impact on Legislation: The Equal Protection Clause has influenced numerous legislative changes and civil rights advancements in the U.S., fostering greater equality in various domains including education, employment, and voting rights.
December 15, 1791
First 10 amendments added to the Constitution within three years of its ratification
Originally written by James Madison
Civil liberties: protections from the abuse of government power
Civil rights: protections from discrimination based on race, gender, or other minorities
Barron v. Baltimore (1833): determined that Bill of Rights restricted national government but not state governments
Overturned in Gitlow v. New York, citing 14th Amendment restrictions on the states, concerned freedom of speech + press
Selective incorporation: court applies Bill of Rights on a case-by-case basis
Rights not incorporated and may be restricted by states:
Fifth Amendment, right to indictment by grand jury
Seventh Amendment, right to a jury trial in civil cases
Eight Amendment, protection against excessive bail and fines
All other parts of the Bill of Rights apply equally to state + national government
None of the rights in the Bill of Rights is absolute
Court has consistently weighed rights of individuals against society’s needs
Freedom of speech
Congress cannot pass a law preventing citizens from expressing their opinions
Supreme Court has placed limits on freedoms
Clear and present danger test: a person cannot cause panic for a false reason
No constitutional protection for slander/libel, obscenity, or speech to incite violence
Followed preferred position doctrine since 1940s in determining free speech limits
Free speech is fundamental to liberty
Any limits must be because of severe/imminent threats to the nation and limited to only constraining those threats
Court protects offensive but nonthreatening speech (ex. flag burning)
Schenck v. United States (1919): a socialist (Schenck) handing out leaflets telling men not to enlist was arrested, ruled constitutional because his speech posed a “clear and present danger” to the US
Unanimous decision, conviction was constitutional and resulting from violation of the Espionage Act of 1917
Tinker v. Des Moines (1969): John and Mary Beth Tinker wore black armbands to school to protest the Vietnam War
In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that the First Amendment protects minors at school under certain circumstances
7-2 decision, ruled that children in public schools were protected by the First Amendment if their speech did not violate constitutional, specific regulations and does not cause a “substantial disruption”
Freedom of the press
Few instances in which the government can use prior restraint (crossing out parts of an article before it is published)
Media has objected to limitations of news/media - usually go to court: ned to be informed vs. security concerns
Media’s responsibility to reveal information sources - Supreme Court ruled that reporters are not exempt from testifying and can be asked to name sources
Reporters who refuse to reveal sources can be arrested
Some state have created shield laws to protect reporters in state cases
Miller v. California (1973) established 3-part obscenity test
Would the average person judge the piece as appealing primarily to a person’s sexual instincts?
Does the work lack other value?
Does the work depict sexual behavior offensively?
New York Times v. United States (1971): Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers, the government sued
Said to have violated the Espionage Act of 1917
6-3 decision - Supreme Court ruled that the newspapers could publish the Pentagon Papers because the government had not had the proof necessary to enact prior restraint
Established a “heavy presumption against prior restraint” including in cases that involve national security
Freedom of petitioning the government
Freedom of assembly
Right to assemble peacefully
Does not extend to groups/demonstrations that would incite violence
Government can restrict crowd gatherings if applied equally to all groups
Groups must not interrupt day-to-day life
Court ruled that freedom of speech + freedom of assembly implies a freedom of association: government cannot restrict groups people belong to as long as they do not threaten national security
Letter from a Birmingham Jail (Martin Luther King Jr.)
MLK arrested in Birmingham for organizing marches and sit-ins to protest segregation
Wrote a letter to African American religious leaders, outlined key ideas about importance of nonviolent protest through peaceful assembly
Freedom of religion
Free exercise of religion
Not absolute - human sacrifice, polygamy, and denial of medical treatment to children are not allowed
Ruled that Jehovah’s Witnesses cannot be required to salute the American flag and Amish children may stop going to school after 8th grade
Court weighs individual rights to free religion against needs of society
Establishment clause: Constitution prevents government from establishing state religion
Wall between church and state is not solid
Court allowed government money to provide some parochial education
Allowed tax credits for non-public school costs
Lemon test after Lemon v. Kurtzman (1971)
Does the law have a secular purpose?
Is the law neutral towards religion?
Does the law avoid “excessive entanglement” between church and state?
Engel v. Vitale (1962): families sued their children’s school district for forcing prayer in the classroom
Violated First Amendment’s establishment cause
6-1 decision ruled that school prayer violated First Amendment
Wisconsin v. Yoder (1972): three Amish families were fined for taking their children out of school after eighth grade
8-1 decision ruled that Amish families were allowed to take their children out of school after the eighth grade (free exercise clause)
McDonald v. Chicago (2010): McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, said it violated 14th Amendment’s due process clause
5-4 decision ruled that states cannot impede their citizens’ rights to keep and bear arms
United States v. Lopez (1995): Alfonso Lopez arrested for taking a gun to school, convicted for violating Gun-Free School Zones Act of 1990
5-4 decision ruled that GFSZA was unconstitutional because it was under the commerce clause but didn’t relate to commerce
Restricts government agencies in criminal/civil procedural investigations, protects a person’s belongings from “unreasonable searches and seizures”
Police must go before a judge to justify a search of private property
Probable cause: judge believes that the search will find evidence of a crime
Search warrant: issued by a judge, limits where police search and what they can take as evidence
Exclusionary rule: all evidence illegally taken by police cannot be used as evidence
Objective good faith exception (1984): established by the Supreme Court, allows for convictions in cases where an illegal search occurred but was performed under the assumption that it was legal
Inevitable discovery rule: illegally seized evidence that eventually would have been found legally is admissible in court
Police may conduct a search without a warrant
May conduct a search of private property after a legal arrest, if the owner consents, if evidence is found in plain view, or if they have probable cause to believe they will find evidence of crime, especially when there are exigent circumstances (reason to believe evidence would disappear after a warrant was received)
Challenged by how the government can collect citizens’ data, especially digitally (wiretapping, collection of phone records, computer hacking)
Does the most to protect a citizen from the broad powers of the federal government
Guarantee of grand jury when a suspect is held for a capital/”infamous” crime
Prevents a person from being prosecuted repeatedly for the same crime by prohibiting double jeopardy
Establishes right of government to seize property for the public under auspices of eminent domain if the seizure can be compensated
Federal government cannot deprive a person of “life, liberty, or property by any level unless due process of law is applied”
Rights granted to the accused
Controversial rights
Some say they make it too hard to capture, try, and arrest criminals
Gideon v. Wainwright (1963): Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney
Unanimous decision that Florida violated 6th Amendment right to an attorney
Defendant cannot be forced to testify at a trial
Jury is not supposed to infer guilt if a defendant refuses to testify
Defendant must be informed of their right to remain silent, their right to a lawyer, and protection against self-incrimination when they arrested
“Miranda rights”
Allows the accused to be prosecuted by an impartial jury
Right to be informed of charges, confront witnesses, subpoena witnesses for defense, and have a lawyer
Forms basis for habeas corpus
Protects against illegal imprisonment, ensures a person cannot be held indefinitely without being charged in front of a judge/in court or without a legal reason to extend detention
Extended to misdemeanor cases if they could result in jail time
Right to a speedy trial
100-day limit between arrest and trial start
Prosecutors and defense attorneys can request an extension to prepare cases
Allows for trial by jury in common-law cases
Bans excessive bail/fines and cruel or unusual punishments
Not required to offer bail to all defendants
Bail Reform Act (1984): lets federal judges deny bail to dangerous defendants or those likely to flee the country
States are allowed to set bail as high as state law permits
Cruel and unusual punishment clause is the cause of debate over the death penalty
Court has placed limits on its applications
Court has upheld the constitutionality of the death penalty when used properly
The court has moved to make it easier for states to carry out the death penalty by limiting the nature and number of appeals allowed by convicted murderers on death row
Some states have enacted moratoriums on the death penalty - methodology problems, ethical objections, flawed trial processes
Limited federal government
Rights not mentioned in the Constitution are still protected
Implied right to privacy and other rights
Supreme Court ruled that Bill of Rights contained implied right to privacy in Griswold v. Connecticut
Combination of 1st, 3rd, 4th, 5th, 9th, and 14th amendments
The Fourteenth Amendment (ratified in 1868) addresses citizenship rights and equal protection under the law. Key provisions include:
Citizenship Clause: Defines citizenship, stating that all persons born or naturalized in the United States are citizens, regardless of race or previous conditions of servitude.
A fundamental component of the Fourteenth Amendment of the United States Constitution, ratified in 1868.
It ensures that states cannot deprive any person of life, liberty, or property without due process of law. This clause serves to protect individual rights by guaranteeing that government actions are fair and that individuals have a right to a fair hearing.
1. Substantive Due Process: Protects certain fundamental rights from government interference, including the right to privacy, the right to marry, and the right to raise children. Courts recognize that certain rights are so fundamental that they cannot be infringed upon without a compelling state interest.
2. Procedural Due Process: Focuses on the procedures that are followed before a person is deprived of life, liberty, or property. This includes the right to notice of the proceedings, the right to be heard, and the right to present evidence.
3. Judicial Interpretations: The Supreme Court has interpreted the Due Process Clause in numerous landmark cases, shaping its application. For instance, in Roe v. Wade (1973), the Court recognized a woman's right to choose an abortion under the right to privacy, emphasizing the importance of personal liberty in the context of due process.
4. Incorporation Doctrine: The Due Process Clause has played a critical role in the incorporation of the Bill of Rights, applying specific rights against the states through various Supreme Court rulings. For example, Gitlow v. New York (1925) applied free speech protections to the states.
5. Impact on State Laws: The Due Process Clause has caused states to reassess their laws and procedures to ensure conformity with constitutional standards, fostering fairness and justice within the legal system.
The Equal Protection Clause is a crucial component of the Fourteenth Amendment to the United States Constitution, ratified in 1868. This clause prohibits states from denying any person within their jurisdiction equal protection of the laws. The central intent of the clause is to ensure that individuals are treated equally and fairly under the law, aiming to prevent discrimination on the basis of race, gender, religion, or other characteristics.
Historical Context: The clause was introduced during the Reconstruction Era following the Civil War, in efforts to secure rights for newly freed slaves and to promote civil rights in general.
Judicial Interpretation: Over the years, the Supreme Court has interpreted the Equal Protection Clause in landmark cases, shaping its application. Notable cases include:
Brown v. Board of Education (1954): This landmark decision ruled that racial segregation in public schools was unconstitutional, marking a significant step towards desegregation and equality.
Roe v. Wade (1973): The court held that a woman's right to choose to have an abortion was protected under the right to privacy, which the court tied to the Equal Protection Clause.
Loving v. Virginia (1967): This decision struck down laws banning interracial marriage, reinforcing the idea that state laws cannot discriminate based on race.
Levels of Scrutiny: The courts employ different levels of scrutiny to evaluate laws under the Equal Protection Clause:
Strict Scrutiny: Applied to laws that discriminate based on race or fundamental rights. The government must prove that the law serves a compelling state interest and is narrowly tailored to achieve that interest.
Intermediate Scrutiny: Used for cases involving gender discrimination, requiring that the law serves an important governmental objective and is substantially related to achieving that objective.
Rational Basis Test: Applied to other classifications, requiring that the law be rationally related to a legitimate governmental interest.
Impact on Legislation: The Equal Protection Clause has influenced numerous legislative changes and civil rights advancements in the U.S., fostering greater equality in various domains including education, employment, and voting rights.