Welcome to Seminar 8: Civil Liberties and Civil Rights Reading: Learn about the American Civil Rights Movement. View the Library of Congress Site on the Civil Rights Movement.9.html The Thinkspot This week you will listen to audio chapters dealing with civil liberties and civil rights and podcasts on Establishment Clause and Constitutional Rights to Privacy. Questions for this evening... Under what circumstances can the government limit free expression? What provisions in the Constitution are designed to ensure a fair trial? What are the most important provisions in the U.S. Constitution affecting civil rights policies? Under what circumstances can universities and employers consider race in admissions and hiring decisions? Are the courts the only participants in civil rights policymaking? What other groups or individuals participate? Chapter 15: Civil Liberties Policy Making Civil Liberties include the ensuring of peoples' physical integrity and safety; protection from discrimination on grounds such as physical or mental disability, gender, religion, race, age, sexual orientation, national identity, and individual rights such as the freedoms of thought and conscience, speech and expression, religion, the press, and movement. Bill of Rights the collective name for the first ten amendments to the United States Constitution, which limit the power of the U.S. federal government. These limitations serve to protect the natural rights of liberty and property including freedoms of religion, speech, a free press, free assembly, and free association, as well as the right to keep and bear arms. 1 st Amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Fundamental Rights The Supreme Court justices have defined fundamental rights to be those without which neither liberty nor justice would exist. Personal liberties have taken on fundamental status Government and Religion 1 st Amendment prohibits the making of any law respecting an establishment of religion, or impeding the free exercise of religion. Establishment of Religion Clause prohibits the federal, state or municipal establishment of an official religion or other preference for one religion over another, non- religion over religion, or religion over non-religion. Free Exercise of Religion Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. The clause protects not just religious beliefs but actions made on behalf of those beliefs. Compelling Interest Concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections. Consider: School voucher controversy Freedom of Expression 1 st Amendment guarantees freedom of expression - Distinguishes between freedom of speech and freedom of action Hate Crimes Legislation Bills: how laws are made. They have to be written and sponsored by someone, and they then have to pass both houses after full debate and public hearing before they can be sent to the president for signature or veto). Privacy Rights The right against unsanctioned invasion of privacy by the government, corporations or individuals is part of many countries' privacy laws, and in some cases, constitutions. Due Process of Law A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious. Search and Seizure 4 th Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and Warrants shall not be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Trial by Jury Executive Authority Especially in time of war Chapter 16: Civil Rights Policy Civil liberties focuses on rights of individual Civil rights focuses on rights of groups Equality before the Law 14 th amendment deals with this Supreme Court has ruled that equality distinctions are suspect classifications if based on membership in a group Jim Crow Laws De Jure vs. De Facto Segregation Affirmative Action means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selectionselection on the basis of race, gender, or ethnicityaffirmative action generates intense controversy. Discussion Board: Respond to the two discussion questions in the discussion area. How has the Establishment of Religion Clause been interpreted by the Supreme Court? How may the government restrict the free exercise of religion? Why do many of Americas public schools remain segregated, decades following Brown v. Board of Education.