# Chapter 5 & 6 - Civil Liberties

# Opening Remarks

Civil Liberties and Civil rights are characteristics of every democracy.

Civil Liberties are about the freedoms and rights that individuals have. The government may not infringe upon these rights. These rights are discussed primarily in the US Constitution's Bill of Rights. The 14th Amendment, ratified in 1868, protects citizens against state infringements of the rights and liberties guaranteed in the Constitution. Civil liberties are - individual rights protected by law from unjust governmental or other interference.

Civil Rights are laws and policies passed by the government to ensure that everyone has the ability to enjoy the rights of citizens of political and social freedom and equality without discrimination.

The whole history of civil rights is about minorities fighting for rights that are Constitutionally granted to them but are denied to them by society.

# Civil Liberties

# Civil Liberties

Rights given by the government that cannot be infringed upon. Rights to be free of government interference. The rights discussed in the US Bill of Rights' rights are all civil liberties. They each discuss the right of the individual.

The Federal Courts or national government decide to what extent people have civil liberties when they hear court cases about civil liberties.

# Sedition Act

Passed by Congress in 1798 making it illegal to "write, say or publish any false, scandalous, and malicious writing with the intention of defaming the president, Congress or government."

# Espionage and Sedition Acts

Passed by congress in 1917-1918 - it is a crime to utter false statements that would interfere with the military.

# Libel or slander

A person does not have the right to write or speak in a way that defames the character of another person. But in order for the victim to successful sue the person who committed libel or slander, the victim must prove that they were damaged by the written or spoken words (they lost their job for example). If the person is famous or a celebrity, it is harder for them to win the case, they must prove that the article or spoken words were the result of "actual malice" - meaning the author intended to do harm.

# Establishment Clause

Congress cannot make a law establishing a religion. Court further elaborated and stated there "must be a wall of separation" between the government and religion. This court ruling came from Everson vs. Board of Education (1947).

# Free-Exercise Clause

Congress cannot make a law prohibiting the free exercise of a religion.

# Engel v Vitale (1962)

There may not be any kind of prayer, even nondenominational ones in a public school.

# Crime and Due Process

# Mapp v. Ohio (1961)

Evidence illegally gathered by the police may not be used ina criminal trial.

# Miranda v. Arizona (1966)

Police must give a warning to arrested person that they have the right to remain silent and the right to a lawyer.

# Civil Rights

# Civil Rights

Civil rights are policies enforced by the government to ensure that there is equality among the people in realizing their civil rights. The purpose of civil rights legislation is to try to prevent or at least limit discrimination against people based on sex, race, or beliefs.

# Black Civil Rights Movement

Movement that gained not only blacks, but all minorities more rights.

# Characteristics

1. Had to first change laws that were purposefully racist against them.
2. Had to then make sure that laws protecting blacks were enforced.
3. Used courts to secure rights.
4. Non-violent protest - Martin Luther King.
5. Violent protest - Malcolm X.
6. Pushed first for political equality, now economic equality.
7. Most successful when rallying around a leader - MLK and Jesse Jackson, and definitely Barack Obama - even though he rarely talked about race and only gave one speech about race during his entire campaign.
8. All blacks supported the movement regardless of age, education, sex (not many blacks who didn't think that they should be given equal rights).
9. Not all blacks supported the tactics used during the Civil Rights movement. Example: MLK Jr. objected to Malcolm X's use of violence. Malcolm X objected to MLK Jr.'s "passivity".

# Slavery Period

Modern slave trade to the US flourished in the late 18th through the early 19th century. In 1776, there was an estimated 500,000 slaves in the US. This is quite a few slaves since the total population in the US was only about 2,500,000 at the time.

Many of our founding fathers were uncomfortable with slavery since it directly violated the principles of freedom and liberty outlined in the Constitution. Northern states began to free slaves in the late 18th century. They could afford to free their slaves because slaves were not a key element in their economies. In the north, slaves were often house servants.

In the 1808, the slave trade was officially ended in the US but slavery in the South was still permitted.

Slaves were needed as cheap labor for the southern plantations. Plantation owners in the South found that the native Indians didn't make very good slaves, they kept on dying. So Americans got their slaves from Africa. African slaves seemed to be able to endure long hard work better than native indians.

The southern plantation owners like Thomas Jefferson believed that without slaves, there was no way that they could make a profit. They may have been in their hearts opposed to slavery but they were also opposed to losing their plantation profits so they kept slavery legal even when the northern states had outlawed it.

In 1864 Lincoln signed and Congress passed the Emancipation Proclamation - which abolished slavery but it didn't really take affect until the North defeated the South in 1865.

# Amendments

• 13th amendment which officially ended slavery.
• 14th amendment granted blacks citizenship - equal protection clause.
• 15th amendment grants blacks the right to vote.

# Segregation Period

During this period, blacks were effectively kept segregated and denied the vote.

Immediately after it became illegal for people to keep slaves and blacks were given the vote and citizenship, the Southern states tried to get around these laws and they did with the passage of laws called Jim Crow laws which prevented blacks from achieving their voting rights. They were able to get away with these laws because the Supreme Court upheld them.

# Jim Crow

The laws set up in place to "lawfully" prevent blacks and minorities from voting in an indirect way.

# Grandfather Clause

It allowed a voter automatic registration if his grandfather had voted prior to 1865 (before the civil war) made difficult for blacks to register to vote because before 1864 the majority of blacks in the US were slaves.

# Literacy test

Blacks had to read a difficult test while whites were given "Dick and Jane" type of reading.

# Poll Tax

Had to pay to vote. Former slaves were poor - choice was "feed the family" or vote - most choose to feed the family. Poll tax keep poor whites from voting too.

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Private intimidation and threats by whites and the Klu Klux Klan prevented blacks from registering to vote. Some Southern towns would publish the names of blacks who tried to register, so that the white community could punish them.

# Plessy v Ferguson (1896)

Court ruled it legal to segregate blacks from whites as long as facilities were equal.

Hotels, train cars, restaurants, movie theaters, schools, drinking fountains, parks were now all legally segregated the problem was that the white facilities were far superior to black facilities. It may have been separate but it was not equal.

In the early 20th century the modern civil rights movement began to organize.

NAACP organized in 1909 in an effort to get rights for blacks through use of the legal system. Take discrimination cases to the court. Supreme Court began to slowly rule Jim Crow laws as unconstitutional.

Urban League organized in 1911 organized by whites to improve the living conditions of blacks.

Armed forces desegregated in 1948 by

# Redlining

Real estate were segregated by race indirectly, forcing colored people to be segregated into their own communities despite being able to afford housing in primarily-white neighborhoods.

# Integration Period

# Brown v The Board of Education

May 1954 Supreme Court states that racial segregation in public schools is unconstitutional under the 14th amendment. Later that year courts ruled that racial segregation was unconstitutional in public-housing developments and in public park and entertainment facilities. In Brown v. the Board of Education - the Supreme Court said that segregation was invalid because blacks were not provided equal facilities and these laws demeaned them and denied them their equal rights as American citizens.

# Rosa Parks

Rosa Parks and the Public Transportation Boycott of 1958. Rosa Parks refused to sit in the black section at the back of a bus. She was arrested. MLK Jr. organized a bus transportation boycott. A year later, Supreme Court outlawed public transportation segregation.

# Little Rock, Ark. - 1957

President Eisenhower sent federal troops to Little Rock to compel compliance with a court order requiring the admittance of black pupils into an all-white high schools.

# Greensboro, NC 1960

Black and white college student stage a series of lunch counter sit-ins. By August, over 70,000 people had participated in sit-ins and over 3500 arrested. Courts ruled that restaurants couldn't discriminate.

# John Kennedy

John Kennedy campaigns for Civil Rights in 1960, but does little once elected right before he was assassinated in 1963 he sent a major civil rights bill to Congress.

# Civil Rights Act

Passed by Johnson administration. This assured access to public accommodations. No business could discriminate against blacks or any minority.

# Voting Rights Act of 1965

Took major steps to assure easy registration for blacks.

# Major Black Organizations

Basically 2 types of groups, those who wanted to get their rights peacefully and those who advocated using violence.

# Martin Luther King

MLK, Jesse Jackson, Medgar Evers, advocated peaceful sit-ins and protest to make whites feel guilty for their unequal treatment - in 1963 led a huge march to Washington where he gave his "I have a dream" speech - in 1964 he won the Nobel Peace Prize - effective because it raised the consciousness of white Americans.

Assassinated in Memphis, Tennessee by white assassin James Early Ray in 1968.

# Black Muslims

Black Panthers led by Malcolm X and Louis Farakan advocated black nationalism and separatism. These organizations felt that the best strategy was through violence. Malcolm X later rescinded his separatist beliefs and formed Organization for Afro-American Unity which advocated racial brotherhood. He was assassinated in 1965 by enemies in the Black Muslims.

Still in the 60's a lot of whites felt that blacks should hav equal rights but they didn't view them as equal to whites.

# Affirmative Action Period

Affirmative action programs were aimed at righting past wrongs against minorities by giving them preferential treatment. Affirmative actions states that when all other factors are equal, preference will be given to the target group.

One justification for affirmative action that first well within the American belief of equality of opportunity is that the compensatory action. Thus if blacks have been discriminated against, government action may legitimately be used to give them things that they would have had in the absence of discrimination.

Some people feel that this is reverse discrimination.

# Backward Trend?

Middle 80's end of the George W. Bush administration.

Leadership Conference on Civil Rights in 1982 reporter that Reagan administration was trying to reverse the civil rights laws.

In 1982, Reagan moved to allow private schools that practice racial discrimination receive tax exempt status.

Administration opposed amendments that would strengthen some of the original provisions of the Voting Rights Act of 1965.

# Supreme Court Overturn

Supreme Court overturning affirmative action policies and declaring them unconstitutional.

UCs are no longer using affirmative action criteria when accepting a student.

Various state propositions that deny welfare, education, and other social services to illegal aliens - viewed to target minorities.

The last Bush administration has continued to undo the movement to racial equality, claiming that "there is no need for Affirmative Action. Americans are equal".

Hurricane Katrina and the fact that the Bush Administration was very slow to respond to help poor blacks shows that discrimination is still alive and well.

# Obama Period

Great progress made towards the direction of civil rights.

• Gay marriage legalized
• Transgender rights upheld
• Emphasis under Obama wasn't so much pushing for equal rights for every group that faced discrimination - homosexual, transgender, Muslims, women, etc.

# Trump Period

Backward slide in all areas - worse backward anti-civil rights trend in US. history

• Racial slurs by the president against women and Mexicans.
• President has a business history of practicing discrimination in terms of hiring, rending out property.
• Got rid of transgender rights making it so that you must be the gender of your birth to serve in the military.
• Trump seemingly seems to not be willing to criticize neo-Nazi or alt-right groups.

# Closing Remarks

Race relations on the decline. In the past whenever economy is in a downturn, racist movements start springing up and racism becomes more blatant. But now unemployment is very low, the economy is booming and racism is much more open now than ever before? Why? Due to Trump. The president sets the moral tone of the country.

I love how we spend every class shitting on this guy lmao

Rise in racism especially among poor, uneducated whites and the very wealthy

Rodney King beating, police shootings of unarmed black men - if you are a black man, the police and society view you as ten times more suspicious then a white and still more likely to be convicted and given much harsher prison sentences than members of any other race.

The majority of crimes committed in America are committed by whites. Yet, if you look at the prison population, you'd think that the majority of crimes are committed by blacks.

There bas been a considerable progress in race relations over the past four decades. However, there is a gap between white and black race relation progress. ith the election of president Obama, many whites in particular feel that there has ben enough progress, equality has been achieved. Blacks on the other hand, still feel that there is a long way to go towards equalizing society.

Many prominent blacks in political spotlight now more than ever in history - Barack Obama is one of the most widely popular presidents domestically and internationally of the 20th and 21st century. Other African Americans either now in political office or were in political office Colin Powell, Condolezza Rice, much of the Obama Administration. Many blacks elected into mayorships or governorships - Tom Bradley (LA), Harold Green (Philadelphia).

# Feminist Movement

Feminist movement has generally been much more successful than the black movement.

Main goal was for political equality, then economic equality.

Women didn't have to fight against laws that were intentionally biased against them but against laws that were passed for "their own protection".

Not all females support feminist movement - There isn't a group consciousness like there was in the black moment.

Generally the least support came from lower educated white women and men. The more education a woman got the more supportive of the movement she was. Professionals supported the movement more than non-professionals. Typical supporter of the feminist movement is a white, college educated middle class professional woman.

Issues divide support: abortion and daycare are the biggest issues dividing the movement.

# History

# Political Equality

The women's movement grew out of the anti-slavery movement of the 19th century. First Women's Rights Convention called by Elizabeth Cady Stanton at Senaca Falls, New York in 1848. There they issued a Woman's Declaration of independence demanding the same rights granted to men. Everyone ignored them

Women's movement began to gain steam in the late 19th century and pressured Congress to pass legislation to protect women workers and to prevent child labor. Finally in 1920, the 19th Amendment was passed giving women the right to vote.

# Modern Women's Movement

Betty Friedman publishes The Feminine Mystique a book which points out that women are capable of a lot more than having babies and cooking dinner.

Encourages women to get out into the work force.

National Organization for Women and National Women's Political Caucus formed in the 60's to fight for women's rights.

These two organizations fought to get the ratification of the Equal Rights Amendment added to the Constitution.

This amendment would guarantee women for the following things that they were fighting for:

• Protection from job discrimination (men's work, forced maternity leave, etc).
• Equal pay for equal work.
• Still through the 60's and 70's and early 80's, women came far in getting economic equality. Most of their gains through court cases and changing society values.

Amendment looked like it would pass in 1972, it sailed through Congress in 1972 and was approved by 22 state legislatures within a year. Then it ran int trouble as opposition mobilized. It failed and stalled finally in 1982, three states short of ratification (it got 35 and it needed 38).

# Reed v. Reed

Supreme Court ruled that a company could not refuse to hire women with pre-school age children if they hired men with young children.

# Roe v. Wade

Federally sponsored abortion is legal.

# Lafleur V. Cleveland Board of Education

Court rule it was arbitrary and unreasonable to require a woman who was pregnant to take maternity leave three months before she was due.

# Women & Politics

Geraldine Ferraro - Vice President running candidate of Mondale, Condoleeza Rice Secretary of State, Hillary Clinton next presidential candidate.

# Turning back the clock

Reagan and George W. Bush came out strong against abortion - pushed for legislation making abortion a crime unless the woman was raped or it was incest.

Both campaigned to take federal money away for abortions.

Both Administrations relied on the "Old Boy's Network" rather than promote women's rights.

Yet it was Reagan who appointed first female Supreme Court Justice (Sandra Day O'Connor) and it was Bush Jr. who appointed first female head of the National Security Council and Secretary of State (both Condileeza Rice).

New Decade of Women's power under Obama.

Two Supreme Court members are female: Ruth Bader Ginsberg, Elanor Gaken and Sonya Sotomayor.

More females in key govt. positions - cabinet posts (Hillary Clinton Secretary of State and then President Candidate, Janet Napolitano Secretary of Homeland Security in the past, Nancy Pelosi Speaker of the House).

Courts have ruled favorably on sexual harassment.

# Trump

• Disparages women.
• Appointed a judge accused of sexual harassment.

# Women's Movement Agenda (now)

1. Uphold abortion rights
2. Company funded daycare
3. Equal retirement benefits
4. Paid maternity leave
5. Continue the #metoo movement despite the Kavanaugh huge setback and lack of support of the movement.
6. Comparable worth - jobs that require equal levels of skill and knowledge should be paid the same. Secretary does the same amount of work and has the same knowledge as an accountant - should get the same.

# Quiz Questions

• The 14th amendment guarantees rights for the blacks.
• All of the following are associated with MLK Jr. except for the riots in chicago.
• Malcom X advocated violance.
• Name given to the series of laws that prevented blacks from voting: Jim Crow Laws.
• Emancipation Proclamation freed slaves.
• Not all women support the feminist movement.
• Women had to deal with laws that were seen to be protecting them.
• 19th amendment made sure that states cannot deny the right to vote based on sex.
• Status of women changed when they were being hired in world war 2.
• Congress responded to the feminist movement by passing laws that prohibited discrimination in the basis of gender for employment and education that receives federal funds.
• The espionage and sedition acts were examples of the effect of war on civil liberties.
• Written defamation is libel.
• It is much harder to win a libel suit if you are a famous person.
• The two clauses of the first amendment is that deal with religion are concerned with free exercise and establishment.
• If you have been arrested the police can't search your parked car in the driveway without a warrant.
• Civil liberties are individual rights protected by law from unjust governmental or other interference.
• Angel vs. Vittal: Prayer in public schools are not allowed.
• Mapp vs. Ohio: Evidence illegally gathered by the police may not be used in a criminal trial.
• Citizens United vs. Federal Elections Commission set the tone for government intervention in political fundraising.
• USA Patriot act was designed to increase federal power to investigate terrorists.

# Final Review

Define civil liberties and civil rights and explain the difference between the two. Explain the role that government can play in the enforcement and/or protection of civil liberties and civil rights. What is the basis for civil liverties and civil rights in the Constitution? Support your response by giving at least one example of a civil liverty and a civil right.

1. Define Civil Liberty - human rights that people are born with and cannot be taken away by the government. The U.S. Bill of Rights on the Constitution discuss civil liberties. The Supreme Court can further define these rights by how they rule on cases.

2. Define Civil Rights - Government action to ensure that everyone has the right to their civil liberties regardless of race, religion or creed. The 14th amendment of the Constitution - Equal Protection Clause establishes the fact that everyone should be guaranteed equal rights under the law. Talk about Civil Rights Acts and the various Supreme Court cases.

3. Make sure that you talk about at least one civil liberty and one civil right to illustrate your point.