constitutional rights & liberties - Faculty & Staff, Georgia Perimeter ...

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