Civil Liberties and Civil Rights

1. Define Civil Liberties - Personal guarantees and freedoms that the government cannot abridge by
law, constitution, or judicial interpretation - natural rights of citizens that cannot be taken away.

2. Civil liberties are protected FROM the government and outline in the Bill of Rights.

3. Define Civil Rights - government protected rights of individuals against arbitrary or discriminatory
treatment by governments or officials

4. The 2 major differences between civil liberties and civil rights are
a. Civil liberties are protections FROM the government - Civil rights are protections BY the
government
b. Civil liberties are freedom of or freedom to - Civil right are freedom from

5. The Bill of Rights is intended to individual freedoms of the people from the
government, not the federal or state governments.

6. For what 3 reasons did the Federalists argue against the Bill of Rights?
a. no need to protect individuals from powers that the government doesn't have
b. Constitution limited the powers of the government - not the people
c. powers not listed for the federal government were automatically retained by the states and
the people

7. First Amendment Protections

A. Speech
Pure Speech - verbal/spoken speech - given the most protections by SCOTUS
Speech Plus - verbal & symbolic speech used together - occasionally limited by
SCOTUS
Symbolic Speech - actions/symbols to convey expression - burning draft cards or
flags are examples - can be limited for public safety reasons
Unprotected Speech includes - slander (oral defamation of ones character), fighting
words, obscenity, terroristic threats

B. Religion
Free Exercise Clause - govt cannot keep a person from practicing religion of their
choice (or refusal to practice a religion at all)
Establishment Clause - govt cannot support or inhibit the practice of one religion over
another
Conscientious Objectors - person who refuses military enlistment/draft on grounds of
religious objections - Muhammad Ali was an example
Practice in Prisons - practice of religion can be restricted if it can put safety of others
in facility - certain ceremonies can be restricted based on requirements of prison
Limits include - polygamy, use of drugs in religious ceremony, organized prayer in
public schools

C. Press
Limits include - libel, intended malice, gag orders in court proceedings, censorship
allowed in schools

D. Petition
Limits include - may require a permit, cannot use public facilities that are not
typically open to general public (airports, schools, jails), private property without
permission, may be dispersed by police - if needed to keep peace
 E. Assembly
Limits include - may require a permit, cannot use public facilities that are not
typically open to general public (airports, schools, jails), private property without
permission, may be dispersed by police - if needed to keep peace

8. Define writs of habeas corpus - court orders that require police prove they are holding someone
lawfully and with cause - right of accused to know charges against them

9. Rights of Criminal Defendants

A. 4th Amendment - protection against illegal search & seizure - must have warrant or probable cause
to search
know Mapp v. Ohio - Exclusionary rule
pat downs by police are allowed as safety precautions

B. 5th Amendment protection against self incrimination - cannot be forced to testify against
yourself, must be made aware of your rights
know Miranda v. Arizona

C. 6th Amendment right to an attorney in ALL cases and as soon as investigation begins
know Gideon v. Wainwright
Escobedo v. Illinois - Escobedo Rule

D. 8th Amendment Cruel & unusual punishment

Death penalty can be decided at state level based on facts of the case

Civil Rights Amendments

A. 13th Amendment abolition of slavery

B. 14th Amendment - definition of citizenship

Due Process Clause all citizens are guaranteed liberties and rights, cannot be abridged
without due process of law -
guaranteed equal protection under the law in ALL states - not just at federal level

C. 15th Amendment right to vote cannot be denied on basis of race, color, or previous condition
of servitude

D. 19th Amendment universal suffrage (womens right to vote)

E. 24th Amendment abolition of the poll tax

Actions of Civil Rights Activists & Interest Groups

A. demonstration/protests
B. lobbying
C. petitioning of government officials
D. litigation

Affirmative Action - an action or policy favoring those who tend to suffer from discrimination,
especially in relation to employment or education; positive discrimination.
A. Education - used to ensure women/minorities are given equal access to historically white,
male educational institutions - medical school, law school, etc

B. Business - used to ensure that minorities/women are given equal opportunity to

promotion and advancement within organizations
ISSUES REGARDING WOMEN
A. Equal Pay Act aimed at abolishing wage disparity based on sex

B. Title VII 1964 Civil Rights Act a federal law that prohibits employers from
discriminating against employees on the basis of sex, race, color, national origin, and
religion.

C. Equal Employment Opportunity Act 1972 gives the Equal Employment Opportunity
Commission (EEOC) authority to sue in federal courts when it finds reasonable cause to
believe that there has been employment discrimination based on race, color, religion, sex, or
national origin, age, disability, political beliefs, marital status, familial status.

D. Title IX of Educational Amendments Act prohibits discrimination on the basis of sex in

any federally funded education program or activity - used to ensure both male and female
students have the same access to educational opportunities, classes, sports, etc. Has recently
been used by survivors of sexual assault to sue the universities that failed to properly
investigate or handle accusations of sexual assault on campus

E. Equal Rights Amendment a proposed amendment to the US Constitution stating that

civil rights may not be denied on the basis of one's sex.

ISSUES REGARDING ELDERLY AMERICANS

A. Age Discrimination Act 1967 - a US labor law that forbids employment discrimination
against anyone at least 40 years of age in the United States

B. Age Discrimination in Employment Act 1978 - prohibits discrimination based on age in

programs or activities that receive federal financial assistance. The U.S. Department of
Education gives financial assistance to schools and colleges.

C. American Association of Retired Persons (AARP) - is the nation's leading

organization for people age fifty and older - provides information, education, research,
advocacy and community services through a nationwide network of local chapters and
experienced volunteers

ISSUES REGARDING DISABLED AMERICANS

A. Education of All Handicapped Children Act 1975 - four-part (A-D) piece of American
legislation that ensures students with a disability are provided with Free Appropriate Public
Education (FAPE) that is tailored to their individual needs.- now known as IDEA -
Individuals with Disabilities Education Act

B. Americans with Disabilities Act 1992 - prohibits discrimination against people with
disabilities. Under this Act, discrimination against a disabled person is illegal in
employment, transportation, public accommodations, communications and government
activities.

ISSUES REGARDING SAME SEX COUPLES

A. Defense of Marriage Act 1996 - federal law that, prior to being ruled unconstitutional,
defined marriage for federal purposes as the union of one man and one woman, and allowed
states to refuse to recognize same-sex marriages granted under the laws of other states.

B. Sexual Harassment Laws - laws prohibiting unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when either: The
conduct is made as a term or condition of an individual's employment, education, living
environment or participation in a University community.

C. Hate Crimes Matthew Shepard - a crime motivated by racial, sexual, or other prejudice,
typically one involving violence - laws regarding hate crimes gained national support
following the death of Matthew Shepard - a gay teenager tortured and killed by a group of
teenage boys for his sexual orientation