Civil Liberties,
Civil Rights…Civil Duties
• Civil Rights…
• Protection from Discrimination…
• Assurance of Equality
• Equal Protection…Due Process
• The 14th Amendment
Civil Liberties!!!!
• Brought to you by…
• The letters C for
• Constitution…
• B and R- for Bill of Rights…
• And the numbers
• 1,4,5,6, and 8 (They’re Amendments)
First Amendment Rights…
• Gov’t can’t promote a religion or stop
you from practicing one thanks to….
• The Establishment Clause
• No church/state associations
• And…
• The Exercise Clause
• Can’t stop religious acts….except
HUMAN SACRIFICE!
BIGAMY!
• Things the Gov’t says are illegal
• And can prove Compelling Interest
• Feds can also intervene if laws violate
the Lemon Test
• Anti secular-promotes religion
• Non-secular
• Causes Church/State entanglement.
Like this…
• Aid to Parochial Schools
• School Prayer
• Not even a moment of silence?
• Religious displays on Public property
• Nativity scene at City Hall
• 10 Commandments in a Court House
Stop the Presses!
Hold your tongue!
• First Amendment also protects speech
and press…mostly, but not
• Fighting Words…
• Words that incite violence
• Bad Tendency Test…
• Advocating illegal acts
• Clear and Present Danger
• Environment in which speech is used
• Talking treason during war
What about Prior Restraint?
• Stopping something from being said or
written beforehand?
• Good Luck!-Feds rarely win..unless
• Clear and Present Danger is proven
• Printing dirty bomb directions?
• Building an A-bomb in your own home?
• Maybe…
• Pentagon Papers?...No
What About Sedition?
• Advocating dissent or rebellion against
the government…That’s Sedition
• Are those fighting words?-probably
• The violent overthrow of the
government…Clear and Present danger…
• Sedition Act of 1918
• Patriot Act?
What about Obscenity?
Protected by the 1st?
• Yes…and No...
• What is obscene?
• A violation of community standards
• Different communities, different standards
• Lacks serious value
• Is it underlining a point?
• What about home use? School use?
• In the end…pretty vague.
Dealing with Obscenity
Local Responses
• Community taste
• What plays in Las Vegas doesn’t have to
play in Peoria
• Location, Location, Location
• Zoning controls
• Distribution to minors
• Child pornography…sale/home use
Say that, and I’ll Sue!
• Defamation…false spoken or written
words causing ridicule or contempt…
• Slander-spoken
• Libel-printed
• Exposure? Voicing an opinion? No.
misrepresenting facts? Yes.
• Any Protection under the 1st?
• depends
Proving Slander or Libel
• Public Officials
• Politicians
• Celebrities
• Athletes
• Malice of forethought
• You knew it was wrong, but still…
• Hard to prove…Public officials have
‘surrendered’ their privacy
Private Citizens
• Proving Slander or Libel
• Negligence-carelessness
• Suffering
• Job loss, loss of friends
• Intention/Malice not needed.
Flag Burning?
Armband wearing?
• Yup....
• Yup….Both are symbolic speech
• Speech linked to action/behavior
• Flag saluting…or not
• Flag burning…
• Wearing armbands…
• Burning your draft card…no
• Cross burning-no
• If the intent is to intimidate or threaten violence
• Ku Klux Klan rallies
4th
Searches and Seizures
• “A man’s home is his castle”
• Except:
• You got a warrant?
• You got probable cause?
• Is the purpose of the search and the area to be
searched clearly defined?
• Then welcome to my castle!
• If not…get lost!
Warrantless Searches
and Seizures
• Voluntary consent
• During an arrest
• Things in plain view
• Stop and frisk…
• Both prior to making an arrest
• Roadblocks
• Seatbelt inspections• Plain view case.
I’m taking the 5th…
• No self-incrimination
• I can’t be forced to testify against myself.
• Not a silent admission of guilt…but
• Mobsters took the 5th
• Actors took the 5th during the Red Scare
• Do actions speak louder than words?
…with a bit of the 6th…
on the side
• Legal representation
• From arrest to trial
• Gideon-Public Defender
• Miranda-Read me my Rights!
• Speedy Trial
• Jury of peers
It’s Cruel, It’s Unusual, It’s…
UNCONSTITUTIONAL
• 8th Amendment
• Capital punishment…but what type?
• Hanging?
• Firing squad?
• Electric Chair?
• Gas Chamber?
• Lethal Injection?
IS Capital Punishment…
• Cruel and unusual?
• For tax fraud, probably
• For the mentally retarded?
• probably
• For murder? Yes and when tied to
• Drug dealing, gun use, civil rights violations,
carjacking, terrorism, acts which result in
death
• Federal offenses
Safeguards
• Only Juries can impose Death Penalty
• Judges must officiate at the trial…
• Allow jury to decide punishment.
OK, so what are my Civil Rights?
• You’ll find some of them in the Bill of Rights
• Others are here…
•
•
•
•
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13th Amendment…Abolished Slavery
15th Amendment…African American vote
19th Amendment…Women’s Suffrage
24th Amendment…no poll tax
Check the 14th Amendment
• Protection against discrimination
• Assurance of equality
• Equal protection under the law
Who’s rights need protecting?
• African Americans
• 13th, 14th, 15th and 24th Amendments
• Plessy-Separate but Equal-1896
• Brown v. Board-Separate is not equal1954
• Defacto and Dejure segregation
The Civil Rights Act of 1964
• Prevents discrimination
• In public facilities…
• Title II
• Hotels, restaurants
• In hiring
• Title VII…equal opportunity
• In education
• Title IX..federal funding for all students…sports
too!
Women’s Rights
• To vote…19th Amendment
• To work…Equal Employment
Opportunities Act
• Abortion Rights
• Roe V. Wade…upholds due process
provided in the 14th Amendment
Also…
• Americans with Disabilities Act
• Bars employment discrimination
• Transportation,
• Communication
• Public accommodations
• Physically accessible
And…
• Affirmative Action Laws
• Advance minorities/women
• Voting Rights
• 15th Amendment, 19th Amendment
• 24th Amendment
• Abolished Poll Taxes
• Voting Rights Act of 1965
• Abolished Literacy Tests
Civil Liberties and Civil Rights…
• They’re yours…
• USE THEM…
•OR LOSE THEM!