Civil Liberties Distinction between Civil Rights and Civil
Civil Liberties
Distinction between Civil Rights and Civil Liberties Civil Rights –revolve around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc. ) in settings such as employment, education and housing. Civil liberties- concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. They are rights and freedoms that protect an individual from the government. Civil liberties include: Freedom of speech The right to privacy The right to be free from unreasonable searches of your home The right to a fair court trial The right to marry The right to vote
FOR EXAMPLE… • As an employee, you do not have the legal right to a promotion, mainly because getting a promotion is not a guaranteed "civil liberty. " But, as a female employee you do have the legal right to be free from discrimination in being considered for that promotion -- you cannot legally be denied the promotion based on your gender (or race, or disability, etc. ). By choosing not to promote a female worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender.
Freedom of religion Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Establishment Clause = Congress shall make no law respecting an establishment of religion • a reaction to the establishment of official religions in some of the British colonies—for example, Anglicanism in Georgia.
Free Exercise Clause= Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; • guarantees that anyone may practice the religion of his or her choosing or no religion at all.
Church and State • Does the First Amendment require separation of church and state? • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ”
Wall of Separation Principle • Thomas Jefferson interpreted the Establishment Clause as implying that the 1 st Amendment set up a "wall of separation" between Church and State.
Should the 10 Commandments be displayed in public buildings? Basis for American law? Displaying them is a way of acknowledging the roots of our laws and our government. Donated by citizens (no public $) But is this argument valid? Court House, Quitman, Mississippi
10 Commandments: a set of ten basic rules of behavior that appear in the ancient Hebrew scriptures and are directed at the Hebrews as God’s chosen people. 1. 2. 3. 4. You shall have no other gods before Me. You shall not make idols. You shall not take the name of the LORD your God in vain. Remember the Sabbath day, to keep it holy. (Blue laws – No liquor sales on Sunday…) 5. Honor your father and your mother. 6. You shall not murder. 7. You shall not commit adultery. (Divorce/legal marriage contract justified to be broken if unfaithful) 8. You shall not steal. 9. You shall not bear false witness against your neighbor. (Lying under oath) 10. You shall not covet. **Basis for American law
Supreme Court rulings: ACLU v. Mc. Creary County -Kentucky (2005) SCOTUS 5 -4 decision, that the display was unconstitutional. Had other Bible verses also on it. Van Orden v. Perry - Texas (2005) – 10 Commandments in a display of many items about Texas History. SCOTUS ruled 5 to 4, that the display was constitutional These decisions did not ban all Ten Commandments displays. Integrating the Ten Commandments into a larger display about the history of law may work; promoting the Ten Commandments as part of an obvious religious message won’ t. http: //www. c-span. org/video/? c 4500701/mccreary-county-vaclu
First Amendment: • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Restrictions on the First Amendment 1. Unprotected speech includes: obscenity, defamatory speech, pornography, seditious speech. 2. Freedom of Assembly restrictions: lawful and nonviolent, no trespassing on private property. 3. What are some other restrictions on Amendments in the Bill of Rights?
First Amendment Protects Free Speech but not lies. Court judges intent. • Libel-written statement that defames the character of another person • Slander = oral statement defaming character • Public figures- more difficult to win a libel/slander lawsuit • Near vs. Minnesota - The U. S. Supreme Court held that, except in rare cases, censorship is unconstitutional • The 1 st Amendment to the United States Constitution ensures that every American citizen may be granted the freedom to express themselves so long as their actions are done in a way that does not violate local or federal laws.
Symbolic Speech –an act that conveys a political message • Not as protected. • Can’t burn a draft card – interferes with the military draft • Can burn a flag Texas vs. Johnson (1989)
“Bong Hits for Jesus” Case https: //www. youtube. com/watch? v=6 x 5 h. LOd-v. UU Morse v. Frederick (2007) Student Free Speech Court held 5 -4 that the First Amendment does not prevent educators from suppressing, at a school-supervised event, student speech that is reasonably viewed as promoting illegal drug use is not allowed. Joseph Frederick 10 days suspension from high school.
First Amendment Keith Hughes
Right to privacy- Civil Liberty • Right To Privacy - Right to be free of unsanctioned intrusion (4 th Amendment) • Not specifically stated in the Bill of Rights • first mentioned in Griswold v. Connecticut (1965). • Case challenged the constitutionality of a law that forbade the use of contraceptive devices by married couples. • Roe v. Wade (1972) abortion-1 st 3 months of pregnancy, SCOTUS rules right to privacy is implicitly protected by the Bill of Rights.
4 Types of Laws: • Statutory Law = laws passed by Congress or state and local governments • Common Law = based on common sense and general morality (murder, theft, etc) • Also comes from judges decisions (Stare Decisis or Precedent = earlier decision in a matter) • Administrative Law – made by gov’t agencies (Consumer Product Safety Commission –determine product safety) • Constitutional Law – written in the Constitution or Amendments
Rule of Law v. Rule of Man 1. Rule of Law: a. Society establishes regulations, principles and norms coordinated by unbiased individuals (legislation). b. A society is ruled by laws because justice is blind (it is the arbitrator between adversaries). ■Criminal Law: violation of specific laws result in punishment. Wrong against society as a whole ■ Civil Law: disputes between two sides (people). A violation of statutes (legislation) or common laws (judicial decisions). 2. Rule of Man: ■ Social Norms
Participants in a Trial Litigants: You must have Standing –entitled to bring a case. ■ a. Plaintiff: the individual, entity, etc. bringing charges. b. Defendant: the charged (ie. Joe Student v. Mounds View Public Schools). c. Class Action Suits: a group who have similar complaints band together to represent all similarly situated. d. Lawyers: Defend or Prosecute. Interpret laws. Cases must be “justifiable disputes”- able to be resolved. ■ SIGs can assist in cases with amicus curiae “friend of the court” briefs. ■
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