Civil Liberties Issues Civil Liberties are significant issues

Civil Liberties

Issues - Civil Liberties are significant issues because there is often conflict between groups for rights guaranteed in the Constitution - First Amendment “rights”= issues - Rights of the accused are found in the Bill of Rights

Background of Civil Liberties issues - Framers intent 1. Limit Fed Power & Validate state Constitutions 2. Constitution- What Government Can do not what it cannot. 3. Government “can’t” do = Fed. government only. What problem does this create?

Civil Liberties Issues

The Bill of rights contains competing rights.

Government officials have been successful at restricting rights at wartime. (Limit a minority)

Cultural Issues - Mixing of different cultures has caused individuals to feel offended - Jews at Christmas on Government property - Monolingual schools in Spanish areas - Healthcare to illegal aliens

First Amendment

- Freedom of Expression & National Security (press & prior restraint) - Clear & Present danger - Selective Incorporation - Gitlow v. New York - Defining Speech - Libel, FCC- Obscenity, Symbolic Speech

1 st Amendment - Defining a Person. Individual vs. Corporations - Young Adults- School Newspapers - Church & State - Free-Exercise Clause - Establishment Clause

Rights of the Accused

Rights of the accused - Self-Incrimination - Exclusionary rule (Mapp v. Ohio) states - Search & seizure - Public Safety & Immediate control - Miranda v. Arizona

Civil Rights

Background - Slow Progress - Whites were politically dominant Southerners feared competition Whites dominated politics and process Fed. Action for equality, unfavorable

Equality, How’d They do it? - Publicize issues - Forget Congress go to Court

Courts 14 th Amendment- Plessy v. Ferguson - NAACP 1. Obviously unequal 2. Not-so Unequal 3. Inherently unequal

Brown v. Board of Education - Implementation - Rationale - Desegregation vs. Integration

Congress & Civil Rights Public Opinion & Majoritarian issue - Sit-ins, freedom rides, nonviolence, militant riots Good vs. Bad, on the agenda

Women & Equal Rights

Women & Equal Rights - The Draft- Rostker v. Goldberg - Sexual Harassment - Abortion

Affirmative Action