Chapters 19,20,21

Civil Liberties and Citizenship

 

 

What is Freedom of Speech?

 

Historically

-Framers of the Constitution wanted protection from an all-powerful government that would prevent freedom of speech (prior restraint)

 

NY Times v United States (1971)

Court ruled against prior restraint

By allowing the Pentagon Papers to be printed

 

 

 

-landmark cases and events

 

 

 *Schneck v United States (1917)

(clear and present danger)

 

Restrictions are governed by

Time, place and manner

 

*Gitlow v NY (1925)

(bad tendency test)

 

*  can't preach or write about the violent overthrow of US

 

*  Speech, in addition is protected by the Fourteenth Amendment

 

 

*US v O'Brien (1968)

(negative action)

symbolic speech exercise rejected

 

 

*Texas v Johnson(1989)

struck down state law prohibiting flag burning

 

Whooley v Maynard (1977)

Cannot be jailed for refusing to advertise the state motto

 

High Schools - a Speech Forum

@

Tinker v Des Moines  (1969)

 

Hazelwood District v Kuhlmeier (1988)

 

 

Edwards v Aguillard (1987)

 

struck down Louisiana law forcing a teacher to devote equal time to    "creation science"

 

Freedom of the Press

Alien and Sedition Acts

 

*shield laws (protection of sources)

 

 

Libel / Slander

 

NY Times v Sullivan(1964)

Public officials cannot recover damages from newspapers

 

Libel – act of maliciously attacking

   Someone’s character or reputation

   Through the printed word

 

The People v Larry Flynt

Hustler Magazine v Falwell (1988)

 

 

Slander–speaking out for purpose of damaging someone’s character

 

 

 

Obscenity

 

"What is pornography to one man is the laughter and genius to another"

The Supreme Court on

Lady Chatterly's Lover 1947

 

@

Miller v California (1973)

attempted to define obscenity and  confirmed state control of the scope of definition.

(NY, Alabama, Nevada)

 

                 but

 

 

Jenkins v Georgia (1974)

"Carnal Knowledge Case"

 

 

Harry Reems and Deep Throat

 

 

 

Radio and TV are under FCC regulation

( George Carlin’s 7 dirty words)

     (Howard Stern)

                 and

 

 

Barnes v Glen Theater (1991)

The Indiana "G - String Law"

 

Today

 

Internet – Cyber porn / Cyber sex

Court has struck down regulatory laws

The Communications Decency Act 1995

 

                  **

 

 

 

 

Privacy

 

 

*  Griswold v Connecticut (1965)

 

*  Roe v Wade (1973)

 

 

 

Assembly

 

National Socialist Party

v Skokie (1977)

 

ACLU defended the American Nazi Party

 

 

**"I may not agree with what you say, but I'll defend your right to say it"

 

Hurley v Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995)

St. Patrick’s Day Parade

 

 

 

Freedom of Religion

 

"Free Exercise Clause"

"Congress shall make no law...prohibiting the free exercise      thereof..."

 

 

*  Reynolds v US (1890) banned      polygamy

 

 

*  W.Virginia Board of Ed

v Barnette(1943)

Jehovah Witnesses and the Pledge

 

 

*  Wisconsin v Yoder (1972)

Amish Case and School

 

 

 

 

The Establishment Clause

" Congress shall make no law    respecting an establishment of    religion..... "

 

*  Everson v Board of Ed (1947)

allowed funding for busing to religious schools, kids are helped

 

 

*  Engel v Vitale (1962)

 

 

Lemon v Kurtzman (1971)

"excessive government entanglement"

sometimes allowing religious activity

*  The problem of drugs and religious rituals.  (peyote)

The banning was upheld in

Oregon v Smith (1990)

               however

 

many states have repealed their laws

 

 

 

 

Church of the Lukumi Babalu Aye Inc v

City of Hialeah (1993)

The religious rituals of the Santeria

 

 

Loyalty and Security

 

Smith Act (1940)

unlawful for any person to advocate the overthrow of US by violence

 

* Dennis v US (1951) confirmation

 

 

 

McCarran Act (1950) - registration of members of the Communist Party

  

Communist Party  v Subversive    Activities Control Board (1961)

 

Albertson v Subversive Activities    Control Board (1965)

 

                 ***

 

 

Due Process of Law

Equal Protection under the Law

( The 14th Amendment guarantees

the Bill of Rights)

 

14^th Amendment “Nationalized”

   The Bill of Rights

 

Federal protection to prevent discrimination

 

Article I Sec  9  -  Preventions against an all-powerful government

 

Writs of Habeas Corpus

Bills of Attainder

Ex Post Facto Laws

 

Reverse-discrimination

 

 

*  substantive due process

laws must be reasonable

 

 

*  procedural due process

laws must be enforced fairly

 

 

 

 

 

The 4th Amendment

protection against unreasonable searches and seizures

 

           "probable cause"

 

exceptions

 

 

New Jersey v TLO (1985)

"only reasonable grounds to search"

 

 

Vernonia School District v       Acton(1995)

"drug testing was reasonable"

 

 

Government authorized wire-tapping and surveillance -------> illegal

 

(The Pentagon Papers, Watergate)

 

In 1978, the loosely enforced Foreign Intelligence Surveillance Act requires Federal Investigators to obtain a court order

 

 

Mapp v Ohio (1961)

the states were subject to the

 

exclusionary rule

 

 

Law enforcement (prosecutors) must issue subpoenas for review of vital material

 

                  **

 

 

 

               ***

The Warren Court looked to protect the democratic system by protecting the accused.

 

(acquittals in criminal cases were linked to economic class)

 

 

Rights of the Accused

 

Escobedo v Illinois (1964)

confirmed the right to council during a police interrogation

 

Miranda v Arizona (1966)

right to silence (5th Amendment)

freedom from self-incrimination

Miranda Rule

also

-protection against Double Jeopardy

 

 

 

Mallory v US (1957)

-  federal court case be arraigned without any delay (6th Amendment)

             Mallory Rule

 

 

7^th Amendment

Quick trial in Civil Suits

 

 

8^th Amendment – prevention against an cruel and unjust punishment

 

 

Citizenship

 

 

*  Jus Soli

- USA birthplace = citizenship

 

 

*  Jus Sanguinis

- right of blood = citizenship

 

 

Immigration

 

1990 - Congress established 675,00 ceiling

 

 

1952 - McCarran-Walter Act (quotas)

 

1924 - Immigration Act(quotas)

 

 

Citizen Action

 

Serrano v Priest (1971)

-equality in funding of schools

 

 

 

 

African Americans

 

19^th Century

 

-Abolitionists

-Women’s Rights (Equal Suffrage)

 

 

Civil War Amendments

13^th    14^th    15^th

 

 

Black Codes

Laws denying newly freed African Americans legal rights

* State way of insuring dominance

 

Jim Crow Laws

Legal discrimination based on race…”whites only”

 

Civil Rights Act of 1875

(attempt to correct problem)

 

 

 

* “grandfather clauses” emerge

  attempts to keep Black Americans from becoming a voting block

 

 

*  Plessy v Ferguson (1896) Created a separate but equal society

 

-actually created a two nation country, especially in the south.

 

-bathrooms, seating areas, restaurants even church seating

 

 

-Jesse Owens awards dinner-

 

Pres. Eisenhower appointed Earl Warren to the Supreme Court.  The Court proved to be very liberal during the 1950's and 1960's

 

Brown v Board of Education(1954)

argued by Thurgood Marshall:

 

How could a Black Law School be equal to Yale Law?

Public institutions can no longer be legally segregated

 

Public Schools were no longer segregated.

 

 

(last schools were de-segregated                     by 1972)

 

 

Not well received in the south.

 

 

Arkansas - 1957

Governor Oral Faubus sent State Militia to prevent Blacks from mixing in white schools.

 

Ike sent 1000 paratroopers to control the white mob and militia

 

Rosa Parks - tired seamstress who refused to give up her seat on a bus in Montgomery, Alabama

 

She served as an inspiration for

Dr. Martin Luther King Jr. and the    Montgomery Bus Boycott.

 

The non-violent protest

Jesus Christ

Mohandas Gandhi

Dr. King

 

Strategy - always peaceful,

well dressed 

 

protestors

trained to take beatings

 

1) Southern resistance

- electric cattle prods, angry mobs, fire hoses

 

2)   Riots and fire bombings in the Northern States

 

3) June 1963 - Alabama Governor George Wallace prevented blacks from enrolling in the University of Alabama.  JFK forced him to back down