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SOURCES OF OUR

RIGHTS & FREEDOMS

• JEWISH & ROMAN LAW

• GERMAN CUSTOMS

• THE ENGLISH BILL OF RIGHTS OF

1689.

• THE U.S. BILL OF RIGHTS

(Amendments 1-10).

• COURT DECISIONS


WHAT IS THE DIFFERENCE

BETWEEN A RIGHT AND A

PRIVILEGE

• A RIGHT IS A FREEDOM PROTECTED BY

LAW.

– SUBJECT TO VERY FEW LIMITS BY GOVT. OR AN

EMPLOYER.

– EXAMPLE: FREE SPEECH.

• A PRIVILEGE IS NOT PROTECTED AND CAN

BE LIMITED OR DENIED BY THE GOVT. OR

AN EMPLOYER.

– EXAMPLE: DRIVING A CAR.

• MOST ACTS ARE PRIVILEGES NOT RIGHTS.


THE BILL OF RIGHTS

• The Bill of Rights were ratified in

1791.

• The amendments assure Americans

traditional civil liberties.

• Civil Liberties are constitutional

protections from government.

• Included are individual political

freedoms and the rights of persons

accused of crimes.


BARRON v. BALTIMORE,

7 PET. 243 (1833)

DID THE BILL OF RIGHTS

APPLY TO THE STATES

• Barron’s wharf was ruined

by the state’s actions.

• The 5th Amendment prohibits depriving a

person of life, liberty, or property without

due process.

• BUT... The Supreme Court ruled the Bill

of Rights did not apply to the states.


THE 14th AMENDMENT

• Ratified in 1868.

• Intended to protect the rights

of former slaves -- it failed to do this.

• Most of it no longer applies, but it does:

– Prohibit a state from depriving a person of

life, liberty, or property without due

process.

• This gives a way to apply the other Rights to

the state governments.


INCORPORATION OF

THE BILL OF RIGHTS

• Starting in 1925, in separate cases the

Supreme Court began to rule that parts of

the Bill of Rights applied to the states.

• This was through the 14th Amendment.

• This has not been total.

• The 3rd, 7th, and part of the 5th have

never been recognized as applying to

the states.


The First Amendment

• Protects the most

fundamental of our

liberties.

• THE FREEDOMS OF EXPRESSION:

• SPEECH

• PRESS

• RELIGION

• ASSEMBLY & PETITION


THE FREEDOMS OF EXPRESSION

FREEDOM of RELIGION

ARE AMERICANS RELIGIOUS

Compared to most other nations…Yes

– Believe in existence of God-- 80%

– Christians-- 73%

• Protestants 48%

• Catholic 22%

• Mormon 2%

– Unaffiliated-- 20%

• Atheist 2.4%

• Agnostic 3.3%

• Don’t care, don’t know 14%

Source: Pew Research Center Forum on Religion & Public Life (2012)


Freedom of Religion

and the Constitution

THE 1st AMENDMENT SAYS TWO THINGS

ABOUT RELIGION:

• CONGRESS CAN NOT ESTABLISH A STATE

RELIGION (ESTABLISHMENT CLAUSE)

• CONGRESS CAN NOT PROHIBIT THE FREE

EXERCISE OF RELIGION (FREE EXERCISE

CLAUSE)


The Separation of

Church and State

• Prior to 1947, separation of church

and state was not considered part

of the constitution.

• It has come from Court decisions.

• Example: Engel v. Vitale, 370 U.S. 421 (1962)

– New York had an official prayer for public schools

– Court ruled it unconstitutional

– Government has no business telling students how to

pray.

– Students are not prohibited from praying themselves.


Religious Freedom and the State

THE FREE EXERCISE OF RELIGION

INVOLVES 2 SEPARATE FREEDOMS:

THE FREEDOM TO BELIEVE

• THIS IS ABSOLUTE.

• INCLUDES THE FREEDOM TO

NOT BELIEVE IN RELIGION.

THE FREEDOM TO ACT

• THIS IS LIMITED.

• ESTABLISHED IN THE CASE OF...


REYNOLDS v. U.S.,

98 U.S. 145 (1878)

CAN CONGRESS

PROHIBIT POLYGAMY

• In 1862, Congress made Bigamy (being married to

more than one spouse) a crime in U.S. territory.

• 1,300 Mormon men were imprisoned under the law.

• They argued the law violated religious freedom.

– But the Supreme Court ruled Congress could

prohibit an action if…

– it was against the Peace, Good Order, and

Morals of Society.


CANTWELL v. CONNECTICUT,

310 U.S. 296 (1940)

• FIRST INCORPORATION OF

1 st AMENDMENT RELIGIOUS

PROTECTIONS TO STATE LAWS.

• THE CANTWELLS, JEHOVAH’S WITNESSES,

WERE ARRESTED FOR NOT HAVING A

CERTIFICATE OF APPROVAL TO SOLICIT

DOOR TO DOOR FOR RELIGION.

• THE COURT DECLARED THE LAW VOID.

• THE LAW VIOLATED THE CONSTITUTION

BECAUSE A STATE CAN NOT DECIDE WHAT

IS A TRUE RELIGION.


WHAT THINGS ARE NOT PROTECTED

BY FREEDOM OF RELIGION

• LIFE THREATENING RITUALS

– Snake handling

– Drinking poison

• HEALTH MEASURES

– Vaccinations

– Autopsies

– Blood transfusions (children only)

• PUBLIC REGULATIONS

– Sunday closing laws

– Congress can ban drugs like peyote

– Military uniform regulations


WHAT THINGS ARE

PROTECTED BY

FREEDOM OF

RELIGION

Amish Children going to school

• CONSCIENTIOUS OBJECTION TO MILITARY

SERVICE.

• REFUSING TO DECLARE A BELIEF IN GOD WHEN

APPLYING FOR A JOB. (1961)

• UNEMPLOYMENT BENEFITS FOR PEOPLE WHO

KEEP SATURDAY AS THE SABBATH. (1963)

• REMOVING AMISH CHILDREN FROM PUBLIC

SCHOOL AFTER THE 8th GRADE. (1972)

• RITUAL ANIMAL SACRIFICE. (1993)


THE FREEDOMS OF EXPRESSION

FREEDOM of SPEECH

• Free speech includes both

the right to speak and right

to hear what we want to.

• People should not be punished for what they

say, only what they do.

• Some types of speech do not have legal

protection (examples: libel, obscenity).

• Speech may not incite someone to break

the law.

• A person may be penalized for what they

say or print when it does harm.


THE FREEDOMS OF EXPRESSION

FREEDOM of SPEECH

LIBEL & SLANDER

• LIBEL IS A WRITTEN LIE.

• SLANDER IS A SPOKEN LIE.

• To prove Libel requires that

– A PRIVATE PERSON MUST SHOW THEY WERE

INJURED BY A DEFAMATION THAT WAS FALSE

– A PUBLIC FIGURE MUST ALSO PROVE THAT IT

WAS MADE WITH ACTUAL MALICE- MUCH

HARDER.


Jerry Falwell v. Larry Flynt

The fact that society may

find speech offensive is not

a sufficient reason for

suppressing it.


THE FREEDOMS OF EXPRESSION

FREEDOM of SPEECH

TYPES OF SPEECH:

COMMERCIAL SPEECH

• Advertising has little protection.

• It may mislead or deceive the public.

• Radio and TV stations are limited by their

licenses.

POLITICAL SPEECH

• Communication for a political purpose is

almost completely protected from

censorship.


Policing Television

• The FCC (Federal Communications

Commission) regulates broadcast

TV but not cable or satellite.

• The FCC prohibits the broadcast

of indecent material between 6 am and

10 pm.

• The FCC found Janet Jackson’s exposure

was indecent, it fined Viacom Inc. (which

owns CBS and MTV) and all 200 of its

affiliate TV stations.

• The fine was $27,500 for each incident.

SuperBowl 2004


PRIOR RESTRAINT

• In English law, the press was

not told in advance what it

could or could not publish.

• Only after publication, might

they be punished for libel or obscenity.

• Prior Restraint is censorship

– the government preventing the public

from ever hearing, seeing, or reading

something.


OBSCENITY

• A THING IS OBSCENE

WHEN IT CORRUPTS, Britney

DEPRAVES, OR DEBAUCHES AN

INDIVIDUAL’S MORALS OR LOWERS THE

STANDARD OF RIGHT AND WRONG.

• FREE SPEECH DOES NOT PROTECT IT.

EXAMPLES:

• NUDITY OR SEX,

• LANGUAGE— LIKE THE “DAMN” IN “GONE WITH THE

WIND”,

• RACIAL REFERENCES AS IN TOM SAWYER,

• VIOLENCE

• DISRESPECT OF A RELIGION

Madonna

I am

offended


Venus

De Milo

Red Hot

Chili

Peppers

When is Something

Obscene

Snow White

Barney

Gumble

Cartman


What’s Wrong with Snow White

Major elements in the

Snow White story:

– Prejudice against the

mentally ill, handicapped,

and elderly.

– Murder

– Witchcraft

– Drugs

– Sexual promiscuity

– Racism


MOVIES AND CENSORSHIP

• Are motion pictures a serious

art form

• In the beginning, the courts

said no.

• Films had no free speech protections.

• In 1926, the movie industry created the

Hays Code to self-regulate movies.

– films had to show “correct standards of life”

– forbade “excessive and lustful kissing”

• Code was replaced in 1966 by the

MPAA ratings system.

Mae West


BURSTYN v. WILSON

343 U.S. 495 (1952)

“THE MIRACLE CASE”

SHOULD A FILM BE BANNED

FOR BEING SACRILEGIOUS

.

• A SERIOUS, FOREIGN FILM

• BANNED IN NEW YORK FOR BEING

CRITICAL OF THE CHURCH.

• THE COURT RULED THAT SINCE THERE IS

NO STATE RELIGION IN AMERICA…

• THE STATE HAS NO INTEREST IN

PROTECTING RELIGION FROM CRITICISM.


MILLER v. CALIFORNIA,

413 U.S. 15 (1973)

WHO SHOULD DECIDE WHEN

A MOVIE IS OBSCENE

• COURT RULED A FILM IS OBSCENE WHEN TAKEN

AS A WHOLE, IT APPEALS TO THE PRURIENT

INTEREST, IS PATENTLY OFFENSIVE, LACKS

ARTISTIC OR SCIENTIFIC MERIT.

• BUT, THE LOCAL COMMUNITY SHOULD DECIDE.

• THIS DIDN’T WORK -- “CARNAL KNOWLEDGE” WAS

BANNED IN ALBANY, GEORGIA.

• THE COURT DIDN’T WANT SERIOUS FILMS BANNED.


Osborne v. Ohio

495 U.S. 103 (1990)

● A distinction between

adults and minors for obscenity was

recognized.

• Child Pornography- sexual materials

about minors or aimed at them.

• The government can outlaw even the

possession of child pornography.

• Court said no First Amendment rights

because of the harm to children.


THE NINTH AMENDMENT

• Madison feared a bill of rights would

actually limit American freedoms.

• The 9th states that the Bill of Rights

is not a list of all the rights retained

by the people.

• The Courts can find other

freedoms such as privacy

that are not listed in the

Constitution.

MADISON


THE THIRD AMENDMENT

• Prohibits quartering of soldiers

in houses without the owners’

consent, except in wartime.

• Never an issue in our history.

• With the 4th Amendment, the 3rd

suggests a right to privacy from

government trespass.


The Right to Privacy

• NO SPECIFIC RIGHT TO

PRIVACY IS MENTIONED IN THE

CONSTITUTION.

• PRIVACY IS THE RIGHT TO ENGAGE IN

PERSONAL ACTIVITIES WITHOUT THE

STATE MAKING THEM PUBLIC OR

INTRUDING INTO SOMEONE’S PRIVATE

LIFE.

• THE COURT “DISCOVERED” PRIVACY IN

THE CASE OF...


GRISWOLD v. CONNECTICUT,

381 U.S. 479 (1965)

THE LAW PROHIBITED THE USE OF

BIRTH CONTROL EVEN BY MARRIED

COUPLES.

THE COURT OVERTURNED THE

LAW BECAUSE:

• The state had no legitimate reason, and…

• It gave the state the power to inquire into

private marital relations

– it might force husbands and wives to testify in

court about intimate details of their relationships.

Estelle Griswold


The Right to Privacy Expands...

After Griswold, the Supreme Court extended

the Privacy right to include

• the right of unmarried couples to

use contraceptives (1967)

• the right of minors to purchase

contraceptives (1977)

Also privacy rights were extended

to areas other than birth control.


LOVING v. VIRGINIA

388 U.S. 1 (1967)

• In 1958, Mildred &

Richard Loving violated Mildred and Richard

Virginia’s ban on miscegenation -- the

marriage of a white person to someone of

another race.

• The Court found Virginia had no legitimate

purpose in this law.

• Marriage is one of the “basic civil rights of

man.” Race can not be used to deny this

freedom.


STANLEY v. GEORGIA,

394 U.S. 557 (1969)

DOES PRIVACY INCLUDE A RIGHT

TO HAVE OBSCENE MATERIAL

.

STANLEY WAS AN ATLANTA MAN

CONVICTED OF POSSESSION OF OBSCENE

MATERIALS IN HIS HOME.

THE COURT RULED THAT:

• MERE POSSESSION OF OBSCENE MATERIAL

WAS NOT A CRIME ,WHEN...

• IT WAS IN THE PRIVACY OF THE HOME.

• BUT, NOT CHILD PORNOGRAPHY


BOWERS v. HARDWICK,

478 U.S. 186 (1986)

DOES PRIVACY PROTECT

CONSENSUAL SEXUAL ACTS

• IN 1982, ATLANTA POLICE ARRESTED BUT NEVER

PROSECUTED MICHAEL HARDWICK FOR VIOLATING

GEORGIA’S SODOMY LAW.

• SODOMY IS A “CRIME AGAINST NATURE”.

• THE COURT UPHELD THE GA. LAW, 5 TO 4.

• IT RULED A STATE COULD REGULATE HOMOSEXUAL

BEHAVIOR EVEN WHEN IT IS CONSENSUAL.


Powell v. The State

270 Ga. 327 (1998)

• Anthony Powell was found guilty of

sodomy with his wife’s 17-year old niece.

Georgia Supreme Court decided the case

based on the Georgia Constitution.

• The Court said privacy protects an

unforced, non-commercial, sexual act

between adults in a private home.

• The Court changed a rule of law that was

182 years old.


LAWRENCE ET AL. v. TEXAS

539 U.S. 558 (2003)

• Texas law made gay sex a crime.

• The 6-3 decision by the court

reversed the Bowers decision and

overturned sodomy laws in 13

states.

Lawrence and

his lawyer

• The court found that law violated the due

process clause of the 14th Amendment.

• "The petitioners are entitled to respect for

their private lives," Justice Anthony

Kennedy wrote for the court's majority.


THE ABORTION ISSUE

ABORTION LAWS ARE RELATIVELY RECENT

IN OUR HISTORY.

BEFORE 1973, NO STATE PROHIBITED

ABORTION IN ALL CASES.

COMMON EXCEPTIONS WERE:

• WHEN MOTHER’S LIFE WAS IN DANGER.

• IF CHILD WOULD BE DEFECTIVE.

• RAPE OR INCEST.

• WHEN MOTHER WAS A MINOR.


ROE v. WADE,

410 U.S. 113 (1973)

IS ABORTION A PRIVATE CHOICE

It depends on how far along the pregnancy is.

The Court created the trimester system.

• 1st TRIMESTER: It is the woman’s decision.

• 2nd TRIMESTER: The State can regulate the

medical aspects of abortion.

• 3rd TRIMESTER: The state has an interest in

protecting the life of viable fetuses.

The state can ban abortions except where the

mother’s life is in danger.


PLANNED PARENTHOOD v. CASEY,

112 S. Ct. 931 (1992)

WHEN CAN A STATE

RESTRICT ABORTION

The Court now rejected the

strict trimester system. States can impose

restrictions such as:

• Mandatory waiting periods,

• Parental Consent,

• Fetal Viability Tests,

• No abortions in State Hospitals.

But, the State can not impose an “undue

burden” that would prevent a woman’s

choice to have an abortion.


Is There a

“Right to Die”

• Adults have a right to

refuse medical treatment.

• People can make “living wills” about whether or

not to be kept alive by extreme medical means.

• If there is no will, a spouse can make this

decision for a married person.

• The Supreme Court has ruled that privacy does

not include a right to commit suicide unless

state law allows it.


The Patriot Act

• There is always a conflict

between freedom and the

need for security.

• When the nation seems

imperiled, liberties tend to be reduced.

• The USA Patriot Act has broadened the

powers of the federal government.

• It has curtailed some civil liberties.


Provisions of the

Patriot Act

• Creates new federal

crimes for terrorist acts.

• Authorizes “sneak and peak” search

warrants – without any notification.

• Allows warrantless wiretaps by the NSA.

• Allows FBI access to records of bookstores

and libraries.

• Allows monitoring of religious and political

groups without evidence of wrongdoing.


THE TWO TYPES OF DUE PROCESS

SUBSTANTIVE DUE PROCESS

• THE CONTENT OF A LAW MUST BE NOT

BE UNREASONABLE OR ARBITRARY.

PROCEDURAL DUE PROCESS

• A LAW CAN NOT BE ADMINISTERED WITH

ARBITRARY OR UNLAWFUL ACTIONS BY

GOVERNMENT AGENCIES.


Substantive Due Process

BUCK v. BELL,

274 U.S. 200 (1927)

CAN A STATE TO FORCE THE

FEEBLE-MINDED TO BE STERILIZED

Carrie & her mother, Emma

BASED ON THE EVIDENCE IN THE CASE, JUSTICE

OLIVER WENDELL HOLMES BELIEVED:

• CARRIE, HER MOTHER, AND CARRIE’S CHILD

WERE SAID TO BE FEEBLE-MINDED,

• HOLMES WROTE, “THREE GENERATIONS OF

IMBECILES WAS ENOUGH.”

• HE SAID VIRGINIA’S LAW WAS A REASONABLE

SACRIFICE FOR SOCIETY’S GOOD.

• FROM 1924 TO 1979, 60,000 PEOPLE WERE

STERILIZED IN 30 STATES.


Substantive Due Process

O’CONNOR v. DONALDSON

422 U.S. 563 (1975)

.

WHO CAN BE HELD AGAINST THEIR WILL

IN MENTAL HOSPITALS

• KENNETH DONALDSON HAD BEEN HELD FOR

15 YEARS.

• HE WAS NOT DANGEROUS TO HIMSELF OR

OTHERS AND COULD LIVE ON HIS OWN.

• IF THE STATE CAN LOCK UP A HARMLESS BUT

SICK MAN THEN WHO ELSE

• THE COURT STRUCK DOWN THE FLORIDA LAW.


Procedural Due Process

ROCHIN v. CALIFORNIA

342 U.S. 165 (1952)

CAN THE POLICE PUMP A SUSPECT’S

STOMACH TO GET EVIDENCE

• ROCHIN WAS FORCED TO VOMIT.

• THE EVIDENCE OBTAINED WAS USED TO

CONVICT ROCHIN.

• WAS ROCHIN’S HEALTH IN DANGER

• THE COURT SAID YES AND THAT IT

VIOLATED PROCEDURAL DUE PROCESS.


Procedural Due Process

BREITHAUPT v. ABRAM,

352 U.S. 432 (1957)

IS A BLOOD TEST A LEGAL WAY TO

OBTAIN EVIDENCE

• BREITHAUPT’S BLOOD WAS TAKEN WITHOUT

HIS CONSENT WHILE HE WAS UNCONSCIOUS.

• IT TESTED .17 ALCOHOL.

• DID THIS VIOLATE DUE PROCESS

– NO.

• THE COURT SAID DRAWING BLOOD IS A SAFE

PROCEDURE AND MIGHT HAVE PROVEN

BREITHAUPT’S INNOCENCE .


Implied Consent

• You may have to give

permission for a breath test or search.

• Most states make it a condition of a

having drivers license that you consent.

• If you refuse, you lose your license.

• Consenting to a search can also be a

condition of registering a car on campus

or using a concert ticket.


CRIME IN AMERICA

• CRIME & VIOLENCE ARE

NOTHING NEW IN AMERICA.

• THE LEVEL OF CRIME IN

AMERICA HAS ALWAYS BEEN

HIGH.

• AMERICANS LIKE TO MAKE HEROES OF

CRIMINALS.

• MOST CRIMES ARE COMMITTED BY

YOUNG PEOPLE BETWEEN THE AGES OF

14 AND 24 YEARS OLD.


TYPES OF CRIMES

MISDEMEANOR - LESS SERIOUS, USUALLY

PUNISHED BY A FINE OR LESS THAN A

YEAR IN JAIL. EXAMPLE: SHOPLIFTING.

FELONY - SERIOUS, PUNISHABLE BY MORE

THAN A YEAR IN JAIL OR EVEN DEATH.

EXAMPLE: MURDER.

• ALL AMERICANS COMMIT MINOR CRIMES.

• A SMALL NUMBER OF PEOPLE COMMIT THE

MOST SERIOUS CRIMES.

• FEW CRIMINALS ARE PROFESSIONALS.

• MOST CRIMINALS GET CAUGHT.


THE FOURTH

AMENDMENT

• The 4th prohibits

unreasonable searches.

• For most searches a

search warrant is required.

• To get a warrant, police must show

probable cause (a good reason).

• Illegally obtained evidence can not

be used in court (the exclusionary

rule).


EXCEPTIONS TO THE

4th AMENDMENT

POLICE DO NOT NEED A WARRANT

FOR A SEARCH IN CASES OF...

• CONSENT - A PERSON GIVES PERMISSION FOR

THE POLICE TO SEARCH.

• PLAIN VIEW - IF THE POLICE CAN SEE THE

EVIDENCE FROM A PLACE THEY HAVE A RIGHT

TO BE. EXAMPLE: LOOKING IN A CAR WINDOW.

• LAWFUL ARREST - FOR THE OFFICER’S

SAFETY OR WHEN A CAR IS IMPOUNDED.

• EMERGENCIES - WHEN A LIFE MIGHT BE IN

DANGER.


CRIMES OF POSSESSION

THERE ARE TWO TYPES OF

POSSESSION UNDER LAW...

• ACTUAL POSSESSION: WHERE A PERSON

HAS DIRECT CONTROL OF SOMETHING.

– EXAMPLE: IN CLOTHING, PURSE, CAR, OR HOME.

• CONSTRUCTIVE POSSESSION: WHERE A

PERSON HAS INDIRECT CONTROL OVER

SOMETHING.

– EXAMPLE: SOMETHING BEING KEPT IN ANOTHER

PERSON’S HOUSE.


BREWER et al. v. THE STATE,

129 GA. App. 118 (1973)

DID THE POLICE HAVE

PROBABLE CAUSE

• THE SHERIFF AND THE DEPUTY

SMELLED MARIJUANA AT THE DOOR.

• THE DEFENDANT ACTED SUSPICIOUS

THROWING A PACKAGE UNDER A COUCH.

• WAS THIS A PLAIN VIEW SITUATION

• THE GEORGIA COURT OF APPEALS SAID NO!

• THERE WAS PROBABLE CAUSE, POLICE

SHOULD HAVE GOTTEN A SEARCH WARRANT.

• THE CONVICTION WAS OVERTURNED.


MIRANDA v. ARIZONA,

384 U.S. 436 (1966)

MUST POLICE INFORM

SUSPECTS OF THEIR RIGHTS

• MIRANDA WAS A 23 YEAR OLD, 9TH GRADE DROP

OUT WITH MENTAL PROBLEMS.

• HE SIGNED A CONFESSION AFTER TWO HOURS

OF QUESTIONING.

• THE COURT DECIDED THE POLICE MUST INFORM

SUSPECTS OF SUCH RIGHTS AS TO:

• REMAIN SILENT, AND

• HAVE AN ATTORNEY PRESENT.

Miranda


The Formal Criminal Process

A person accused of a crime

has a number of rights:

• to Grand Jury indictment

• to be freed on Bail

• to a lawyer

• to a jury trial

However, most cases never go to

trial. Many persons will pled guilty

in a...


The Plea Bargain

• A plea bargain is

a situation where the defendant

agrees to pled guilty to a less

serious crime.

• It saves the government the cost

of a trial and speeds up the courts.

• A guilty plea is final, no appeal.


EQUALITY

WHEN THE CONSTITUTION WAS WRITTEN

EQUALITY DID NOT MEAN EQUAL

TREATMENT FOR:

• SLAVES OR NONWHITES

• WOMEN

• POOR PEOPLE

TODAY, THE USE OF CATEGORIES LIKE

THESE TO LIMIT A PERSON’S RIGHTS IS

INHERENTLY SUSPECT UNLESS THERE

IS A “COMPELLING PUBLIC INTEREST”.


RACIAL DISCRIMINATION

AFTER THE CIVIL WAR, THE WHITE ELITE

IN THE SOUTH LOOKED FOR WAYS TO

MAINTAIN:

• POLITICAL CONTROL

BY LIMITING THE VOTING RIGHTS OF

BLACKS AND POOR WHITES.

• SOURCES OF CHEAP LABOR

FOR AGRICULTURE AND LATER

THE TEXTILE MILLS.

THEY ACHIEVED THIS BY...


SLAVERY WAS

REPLACED BY

SHARE CROPPING

• PLANTATIONS WERE DIVIDED INTO

SMALL FARMS WORKED BY TENANT

FARMERS IN DEBT TO THE OWNER.

FORCED LABOR

• THE CONVICT LEASE SYSTEM.

REPRESSIVE VIOLENCE

• TO INTIMIDATE BLACKS AND OTHERS

• LYNCHING AND RACE RIOTS


Lynching

Oxford, Georgia

1908

Between 1890 and

1900 Georgia

averaged more than

one mob killing per

month. Georgia's

lynch violence almost

always consisted of

white mobs killing

black men.


THE CREATION OF

SEGREGATION

VOTING BARRIERS

• POLL TAXES

• LITERACY TESTS

THE JIM CROW LAWS

• SEPARATE CARS ON TRAINS

• SEPARATE SCHOOLS

• SEPARATE NEIGHBORHOODS

• SEPARATE SECTIONS ON STREETCARS

• SEPARATE SECTIONS IN THEATERS

WHITE

ONLY!


PLESSY v. FERGUSON,

163 U.S. 537 (1896)

• IN 1890, LOUISIANA PASSED

“AN ACT TO PROMOTE THE

COMFORT OF PASSENGERS”.

• IT REQUIRED SEPARATE BLACK AND

WHITE RAILCARS ON TRAINS.

• HOMER PLESSY’S CASE TESTED THE LAW.

• THE COURT HELD THE SEPARATION WAS

NOT DISCRIMINATION IF IT WAS

SEPARATE BUT EQUAL.

• FOR 58 YEARS THIS WAS THE LAW.


WHAT ENDED

SEGREGATION

• WORLD WAR I LABOR SHORTAGES

STARTED A BLACK MIGRATION TO

THE NORTH.

Black Soldiers

World War I

• BLACKS IN THE NORTH BECAME AN IMPORTANT

VOTING BLOCK.

• THE DEMOCRATIC PARTY WANTED BLACK VOTES

AND BEGAN TO SUPPORT CIVIL RIGHTS (but not in

the South).

• TRUMAN INTEGRATED THE ARMED FORCES.

• THE NAACP BEGAN BRINGING LAWSUITS THAT

CHIPPED AWAY AT SEGREGATION UNTIL...


BROWN v. BOARD OF

EDUCATION ,

347 U.S. 483 (1954)

• THIS CASE INVOLVED

ONLY PUBLIC EDUCATION.

• THE COURT RULED THAT SEGREGATION

WAS HARMFUL.

• THEY OVERTURNED PLESSY.

• BUT, IT TOOK YEARS TO BRING ABOUT REAL

CHANGES.

• IN SOME CASES FEDERAL TROOPS WERE

NEEDED TO INTEGRATE SCHOOLS.


ATTEMPTS TO END

SEGREGATION

• The Brown case ended de jure

(legal) school segregation.

• There was still de facto (in fact)

segregation created by black and white

school districts.

• Some courts ordered busing of students

to different schools –very unpopular.

• Today, most urban areas are de facto

segregated due to where people live.


Civil Disobedience

• Martin Luther King believed

– violent protests would encourage

resistance to Civil Rights.

• King advocated nonviolent,

public refusal to obey unjust laws.

• This involved sit-ins, freedom rides and

marches.

• Washington March in 1963 drew a

quarter of a million people.


THE CIVIL RIGHTS

ACT OF 1964

• THE RESULT OF

RACIAL VIOLENCE IN THE SOUTH AND

IMPACT OF PRESIDENT KENNEDY’S

ASSASSINATION IN 1963.

• THE ACT PROHIBITS DISCRIMINATION IN

PUBLIC ACCOMMODATIONS, HOUSING,

AND DISCRIMINATION IN EMPLOYMENT.

• IT IS ENFORCED BY THE FULL POWER OF

THE FEDERAL GOVERNMENT.


Equality Today

• African American family

Oprah Winfrey,

income is about $30,000, it

worth $2.7 billion.

is $49,000 for whites.

• More African American incomes are

below the poverty level than whites.

• African Americans’ net wealth (value of

everything they own) is only 1/10 that

of whites.

• Only about 15% of African Americans

graduate from college, about 25% of

whites graduate.


Where do Black Americans

live in the United States


Equality:

Women’s Rights

• Women have usually been

considered inferior to men.

• The 19th Amendment in 1920 gave

women the right to vote (suffrage).

• The Civil Rights Act of 1964 prohibited

discrimination based on sex.

• As women gain rights, they sometimes

lose preferences in things like alimony.


SEXUAL HARASSMENT

IT MUST BE UNWANTED

CONTACT AND BE EITHER:

• PART OF THE CONDITIONS OF

WORK, OR

• USED AS A BASIS FOR EMPLOYMENT

DECISIONS, OR CREATE

• AN OFFENSIVE ENVIRONMENT THAT

INTERFERS WITH THE WORK OF AN

INDIVIDUAL.


Civil Rights

Hispanic/Latino

Americans

• Latinos can be any race.

• They come from any of 20

Spanish speaking countries.

• They are the

fastest growing

group in the

U.S.

• Also the largest

minority group

now.


Immigration Issues

• Even people illegally in the

U.S. have some rights.

• Number of illegals has declined

due to the economy.

• Penalties for employers who hire illegal

immigrants range from $2,000-$10,000 and

up to six months' imprisonment.

Georgia has banned illegals from the top 5

state colleges.


Where Persons of Hispanic

Origin live in the United States


Civil Rights

Asian Americans

• Japanese Americans have been

discriminated against as much as

any other group.

• During World War II, 110,000 were imprisoned.

• The Supreme Court ruled this legal in 1944.

• No Japanese American ever committed a

disloyal act.

• Today, Asian Americans are above average in

income and education

George Takei


Native

Americans

Apache

Native Americans were

not American citizens until 1924.

Most Native Americans live on or near

reservations where they suffer:

• unemployment and poverty

• high rates of disease and suicide

• unsanitary housing and malnutrition

Since 1980, some tribes have won

compensation for their lost lands.


Where Native Americans live in

The United States


The Rights of

Disabled Persons

• Americans with disabilities

were ignored until the 1970s.

• In 1975, children with disabilities were

guaranteed “appropriate education”.

• The 1990 Americans With Disabilities

Act outlawed discrimination in physical

access and employment.

• Problem has been in defining what is a

disability: HIV infection- Yes

Diabetes - No


Gay Rights…

A New Issue

Bert

Bert

4% of Americans

are homosexual.

The Gay Rights movement

began with the Stonewall

Riot in 1969.

Gays organized politically and have

had limited success:

– Some states allow lesbians and gay men

to adopt children.

– Military is now allowing gays to serve

openly.

– Cities like San Francisco and Atlanta

have passed local anti-discrimination

laws.


Affirmative Action

• Equal Opportunity

requires only that an

employer give everyone

the same chance.

• Affirmative Action

refers to giving preference in

employment to members of groups that

have been discriminated against.

• Reverse Discrimination

is the claim that affirmative action

programs discriminate against white

males.


REGENTS v. BAKKE,

438 U.S. 265 (1978)

CAN RACIAL QUOTAS BE

Dr. Alan Bakke

USED IN SCHOOL ADMISSIONS

• DAVIS MEDICAL SCHOOL USED A QUOTA

SYSTEM FOR DISADVANTAGED STUDENTS.

• BAKKE HAD BETTER GRADES & SCORES

THAN THE MINORITY STUDENTS ADMITTED.

• THE COURT RULED QUOTAS WERE

UNCONSTITUTIONAL. BUT...

• THIS DIDN’T MEAN THAT RACE COULD NOT

BE CONSIDERED IN ADMISSIONS.


Gratz v. Bollinger

No. 02—516. Argued April 1, 2003–Decided June 23, 2003

• The University of Michigan gave

20 out of the 100 points needed

for undergraduate admission to some

applicants solely because of race.

• Jennifer Gratz, a top student was rejected

by Michigan. She claimed discrimination.

• The Court ruled against the University.

• Race can be a factor in admissions but

not in a rigid point system.

Jennifer Gratz

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