Download APGOV Chapter 16 Landmark Supreme Court

Landmark Supreme Court Cases
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Text Chapter 16
Civil Rights and Civil Liberties
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The 14th Amendment takes the Bill of
Rights, which originally bound only the
federal government, and expands those
guarantees to state and local
governments as well. Though the
amendment passed in 1867, this
protection was first described by the
Supreme Court in Gitlow v. New York,
1925.
Civil Rights and Civil Liberties
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Stare decisis has further explained and
expanded Americans’ rights and
liberties, for example in the Gitlow
decision, in Roe v. Wade, in Texas v.
Johnson, 1989 (defending a citizen’s
right to burn a flag as freedom of
expression), etc.
Freedom of Religion
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Two protections exist in the Constitution
for a citizen’s right to worship (or not to
worship) as he or she chooses.
The “establishment clause” of
Amendment I, Bill of Rights.
The “free exercise clause” of
Amendment I.
Freedom of Religion
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Amendment I states that Congress may
not establish any one religion as the
official religion of the United States.
Thomas Jefferson referred to this in
private correspondence as a “wall of
separation between Church and State,”
and that language has been adopted in
Supreme Court decisions.
Freedom of Religion
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Amendment I also forbids the
government to stop any citizen from the
“free exercise” of observing his/her
chosen religion
Because the language of the
amendment is not precise, many Court
decisions have refined the parameters
of the amendment.
Freedom of Religion
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Everson v. Board of Education, 1947,
The Court ruled that New Jersey could
legally reimburse parents of Catholic
school students for the cost of busing
students to Catholic School. The Court
did not require states to do this, and
OK’d it only if the funds went to parents
directly, not to the Catholic school.
Freedom of Religion
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Engle v. Vitale, 1962, The court ruled
that school-ordered prayer in public
school was an unconstitutional violation
of a family’s right to choose the religious
practices of their children. Later Courts
ruled that student-organized prayer was
to be permitted, as long as school
officials did not require participation.
Freedom of Religion
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Lemon v. Kurtzman, 1971, stated that
states could not be required to
subsidize text books or teacher salaries
for parochial schools. It established the
so-called “Lemon test:” state funds
spent in private schools could not teach
or promote religion, and must be for
secular subjects only.
Freedom of Religion
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Lynch v. Donnelly, 1984: The Court
ruled that government bodies could
celebrate the Christmas holiday with
Christian religious Christmas displays
only if secular displays and holiday
displays from non-Christian faiths were
equally included.
Freedom of Religion
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Wallace v. Jaffree, 1985, overturned a
state law that mandated a time for
“voluntary prayer” in public schools,
stating that such a time mandate was
tantamount to ordering a prayer.
Freedom of Religion
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Edwards v. Aguillard, 1987, ordered that
Louisiana could not force public schools
that taught evolution to also teach
creationism.
Freedom of Religion
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Board of Education of Westside
Community Schools v. Mergens (1990)
ordered public school systems that
allowed non-religious groups to use
school facilities after hours, to allow
religious groups equal access to the
facilities after-hours.
Freedom of Religion
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Lee v. Wesiman (1992) ruled that a
public school could not ask a clergyman
to lead the audience in prayer at a
public school event.
Freedom of Religion
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Santa Fe Independent School District v.
Doe (2002) overturned a Texas law that
allowed high school students to lead the
audience in prayer at organized public
athletic events.
In all of the above cases, the Court cited
the “establishment clause” as its
governing legal base.
Freedom of Religion
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The Court has also commented on
practices that would interfere with a
person’s right to exercise religion freely:
Reynolds v. United States, 1879, upheld
a federal law that banned polygamy,
even though Reynolds, a Mormon from
Utah, claimed it violated his religious
freedom.
Freedom of Religion
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Wisconsin v. Yoder, 1972, ruled that the
state of Wisconsin could not require
Amish parents to send their children to
public school past 8th grade, because it
violated their religious beliefs.
Freedom of Religion
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Employment Division of Oregon v.
Smith, 1990, stated that Oregon could
not deny unemployment benefits to a
worker who had been fired from his job
for using peyote as part of an Indian
religious ceremony.
Freedom of Religion
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In 1993, Congress passed the Religious
Freedom Restoration Act, giving people
the right to religious practices, even
those prohibited by local law, IF they
could prove the law was written only to
discriminate against one religion and
that the government had no other
compelling interest in writing the law.
Freedom of Religion
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In 1997, the Supreme Court struck
down the Religious Freedom
Restoration Act, in its decision in the
case of City of Boerne, TX, v. Flores.
Freedom of Speech
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The Supreme Court and lower courts
have defined several classifications of
speech:
Pure Speech
Symbolic Speech
“Speech Plus”
Freedom of Speech
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PURE SPEECH is verbal, common
speech. It is given the highest level of
protection in courts.
Freedom of Speech
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SYMBOLIC SPEECH is any expression
using actions or symbols (such as
wearing an armband while marching.)
Courts have upheld that symbolic
speech can be restricted if it threatens
public safety (for example, a march that
threatens to break into a riot.)
Freedom of Speech
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“SPEECH PLUS” is a combination of
pure speech and symbolic speech, such
as a rally followed by a march. It may
also be limited if it threatens public
safety.
Freedom of Speech
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Amendment I forbids Congress to make
any law abridging freedom of speech.
However, most governmental attempts
to limit free speech have purported to
do so in the name of preserving the
safety of the public, going back as early
as the Alien and Sedition Acts of 1799
(which were never challenged in court.)
Freedom of Speech
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Congress also passed laws against
sedition (spoken words against the
government) during World War I.
These, and later laws abridging free
speech, were challenged in the courts.
Freedom of Speech
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Schenck v. United States, 1919,
concerned a draft resister (Schenck)
who mailed out fliers encouraging
protest against the draft during WWI.
The Court opinion of Chief Justice
Oliver Wendell Holmes ruled that such
talk constituted a “clear and present
danger” in wartime, and should not be
allowed.
Freedom of Speech
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Holmes’ “clear and present danger”
qualification became the standard for
future limits on free speech; it became
known as the CPD doctrine.
Freedom of Speech
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Chaplinsky v. New Hampshire, 1942,
stated that free speech did not extend to
“fighting words” meant solely to incite
disorder. Such words were ruled to
have a “bad tendency” toward creating
illegal and/or violent action among
listeners, and were not protected.
Freedom of Speech
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Tinker v. Des Moines, 1969, ruled that
state employers could not prohibit
employees from wearing black
armbands to work to protest the Viet
Nam War. This was the first use of the
phrase “symbolic speech,” which was
ruled allowable and protected under the
First Amendment.
Freedom of Speech
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Miller v. California, 1973, set guidelines
for determining if printed matter is
obscene and can be outlawed (the
“Miller test:”)
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it appeals to indecent sexual desires
it shows sexual behavior that is against local
laws;
it has no literary, artistic, or scientific value
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Freedom of Speech
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Reno v. ACLU (1997) overruled the
Communications Decency Act as being
too broad and vague; the Act was set up
to regulate Internet speech. Since the
CDA was overruled in 1997 there has
been no legally satisfactory regulation
adopted for regulating Internet content.
Freedom of the Press
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Amendment I joins freedom of the press
with freedom of speech, and forbids
Congress to abridge it.
Today, “the press” includes not only
newspapers and magazines but also
radio, television, and the Internet.
Freedom of the Press
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Near v. Minnesota, 1931, used the 14th
Amendment to require states to grant a
free press, and forbade the states to
make any attempt to pre-judge or precensor any newspaper content (no
“prior restraint” or printed content.)
Freedom of the Press
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New York Times v. Sullivan, 1964 specifically protected editorial
statements about public officials.
Freedom of the Press
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New York Times v. United States (1971)
forbade the United States (specifically,
President Richard Nixon as Chief
Executive) to stop the Times from
publishing The Pentagon Papers,
transcripts of secret White House
discussions about Viet Nam war bombings
of which the Congress was not previously
informed.
Freedom of the Press
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Hazlewood School District v. Kuhlmeier
(1988) upheld the right of school
districts to censor student newspapers
as long as the censorship was related to
legitimate concerns. Stated that
newspapers run by and for legal minors
do not have the same level of protection
as newspapers run by and for adults.
Freedom of Assembly and Petition
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Are also guaranteed by Amendment I.
Apply to public and private places
Allow citizens to express opinions to
government officials by letter, petition,
pickets, demonstrations, parades,
marches, etc.
Freedom of Assembly and Petition
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Dejonge v. Oregon (1937) established
that citizens have to right to associate
with people who share their beliefs,
without interference from either state or
federal government.
Freedom of Assembly and Petition
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Courts have upheld the right of state or
local governments to demand prior
application for parade or meeting
permits, in keeping with state and local
governments’ obligation to protect the
public order (numerous decisions.)
Freedom of Assembly and Petition
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State, local, and federal government
may refuse to let some places (e.g.,
airports, jails, hospitals) be used for
community meetings, but only if all
community requests are treated equally.
Restrictions on the right to assemble
apply to public property only.
Property Rights
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Both the 5th and 14th amendments
state that a citizen cannot be deprived
of property without “due process” (fair
actions in keeping with established legal
rules.)
Property Rights
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The legal right of a government to
exercise “eminent domain” means that
the government can command the
surrender of private property for public
use. The 5th and 14th don’t forbid this,
as long as due process is followed and
the citizen is paid the fair value of the
property.
Right to Privacy
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. . . Is not specifically mentioned
anywhere in the Constitution. However,
it has come up in several important
Supreme Court Cases, and is in
keeping with the 9th Amendment
guarantee that rights not specifically
listed must not be assumed to be
nonexistent.
Right to Privacy
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Griswold v. Connecticut (1965) was the
first mention of a guaranteed right to
privacy. The Court ruled that the state
could not dictate whether a couple could
have or receive birth control information
from their doctor in their home; this was an
private matter between the three people,
and the government had no right to
intervene.
Right to Privacy
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Roe v. Wade, 1973 extended the right
to a woman’s privacy in making a
decision with her physician about
termination of pregnancy. Using
Griswold, the Court ruled that a decision
regarding abortion was a private matter
in which the state had no compelling
interest.
Rights of Accused Persons
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Several amendments address the rights
of people accused of crimes; the 14th
extends those protections and makes
states observe them as well as the
federal government.
Rights of Accused Persons
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4th Amendment: protection against
unreasonable search and seizure
5th Amendment: protection against
double jeopardy, and forced selfincrimination
6th Amendment: right to an attorney
8th Amendment: protection from cruel and
inhuman punishment
Rights of Accused Persons
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4th Amendment cases:
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Mapp v. Ohio, 1961: illegally obtained evidence
may not be used in court
Terry v. Ohio, 1968: allows police to search
suspects, as well as arrested persons
Nix v. Williams (1984) allows illegal evidence to
be used IF it would have been discovered
anyway
U.S. v. Leon (1984) allows illegal evidence IF
officers believed it to be legal at the time
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Rights of Accused Persons
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Fifth Amendment case law:
Miranda v. Arizona, 1966: suspects in
police custody must not be assumed to
know their rights, but must be informed
of those rights at the time of arrest
Rights of Accused Persons
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6th Amendment case law:
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Powell v. Alabama (1932) granted free legal
representation to a poor defendant in a capital
case (one with possible death penalty)
Betts v. Brady (1942) specified that poor
defendants in non-capital cases were NOT
entitled to free legal representation
Gideon v. Wainwright (1961) overturned Betts,
and extended government-paid representation
to non-capital cases as well
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Rights of Accused Persons
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8th Amendment case law:
Furman v. Georgia 1972, ruled the
death penalty unconstitutional because
it was not imposed fairly in the states
Gregg v. Georgia 1976, re-instituted the
death penalty IF it was imposed
according to the circumstances of the
case and not according to race or class
Items not specifically listed in the
Constitution . . .
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Rights not specifically listed must not be
assumed to be non-existent, according
to the 9th Amendment.
Powers of the federal government not
specifically listed must be presumed to
belong to the individual States, or to the
People of the United States, according
to the 10th Amendment.
The “Civil Rights” Movement
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The Congress has written several Civil
Rights Acts designed to prevent
discrimination and to provide equality of
all citizens before the law. The Equal
Protection clause of the 14th
Amendment was one of the first of
these, but individual states often
ignored it.
The “Civil Rights” Movement
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Some state actions to restrict freedoms
are not subject to 14th Amendment
guidelines, for example, state laws
forbidding minors to drive before age
16, or to drink in public before age 21.
These were held to be reasonable
restrictions on civil rights.
The “Civil Rights” Movement
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The Court has developed what it calls a
“strict scrutiny” to determine if restrictions
on civil rights are based on illegitimate
prejudice. Any state law failing this “strict
scrutiny” test is automatically judged
suspicious by the Court, which will
demand that the state justify the law or
give it up altogether.
The “Civil Rights” Movement
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The first “civil rights” amendments were
passed after the Civil War to define the
legal status of former slaves:
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13th Amendment - ended slavery
14th Amendment - defined slaves and all
others born in the US as citizens
15th Amendment - eliminated race or prior
slavery as reasons to deny voting rights.
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The “Civil Rights” Movement
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But these amendments still allowed
states to deny black citizens their due
rights.
Most states instituted “black codes”
making voter registration difficult, and
segregating the races in most public
places and for schooling purposes.
The “Civil Rights” Movement
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Congress passed a Civil Rights Act in
1874 outlawing segregation in public
places, but the Supreme Court ruled it
unconstitutional.
In 1896, the Court (Plessy v. Ferguson)
ruled all segregation legal IF equal
facilities were simultaneously provided
for minority citizens.
The “Civil Rights” Movement
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Until the 1940s, Congress and
American presidents refused to
challenge Plessy.
The need for manpower during WWII
gave two presidents an opportunity to
desegregate federal workplaces with
little complaint.
The “Civil Rights” Movement
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FDR desegregated defense industry
workplaces and government offices by
Executive Order 8802 in 1941.
President Harry Truman desegregated
the United States military (all branches)
with Executive Order 9981 in 1948.
The “Civil Rights” Movement
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After Congress repeatedly failed to
desegregate public schools and
universities, the Supreme Court ordered
it in 1954 (Brown v. Board of Education
of Topeka Kansas) It followed that
decision the next year with an additional
order for “all deliberate speed” in
accomplishing desegregation.
The “Civil Rights” Movement
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The Civil Rights Act of 1957 created a
Civil Rights Division in the Department
of Justice, and made it a federal crime
to prevent a person from voting in
federal elections because of race.
The “Civil Rights” Movement
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The Civil Rights Act of 1964 prohibited
race discrimination in employment and all
places of public accommodation
(restaurants, trains, airplanes, hotels, etc.)
It outlawed any racial bias in any program
receiving any funds from the federal
government, and created the Equal
Employment Opportunity Commission
(EEOC)
The “Civil Rights” Movement
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The 24th Amendment outlawed poll
taxes anywhere in the United States.
The Voting Rights Act of 1965 outlawed
literacy tests.
The Civil Rights Act of 1991 made it
easier for employees to file racial
discrimination suits against employers.
The “Civil Rights” Movement
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As African Americans began to realize
their civil rights more fully with
assistance from the federal government,
other minority groups in America began
to seek the same protections.
The “Civil Rights” Movement
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The National Indian Youth Council and
the American Indian Movement brought
attention to their concerns; a 1985
Supreme Court ruling upheld treaty
rights to Indian lands, and in 1988
Congress passed the Indian Gaming
Regulatory Act allowing Native
Americans to operate casinos on their
land.
The “Civil Rights” Movement
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Also in 1988, Congress appropriated
funds to compensate JapaneseAmericans for their forced relocation
into internment camps on the west
coast during WWII.
The “Civil Rights” Movement
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American women have worked to
achieve political and economic rights
equal to those traditionally accorded to
male citizens.
The “Civil Rights” Movement
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The 19th Amendment (1920) gave
women the right to vote.
The Equal Pay Act (1963) helped
women and black citizens by making it
illegal to determine salary in federal
workplaces just according to race,
gender, religion, or national origin.
The “Civil Rights” Movement
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The Civil Rights Act of 1964 banned job
discrimination on the basis of race or
gender in any company engaged in
interstate commerce.
The Equal Employment Opportunity Act
(1972) forbade any gender or race
discrimination in hiring, firing,
promotion, pay, and working conditions.
The “Civil Rights” Movement
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The Equal Credit Opportunity Act (1974)
forbade discrimination against women
who sought credit from banks, finance
companies, or the government. It
became illegal for those institutions to
ask questions about gender or marital
status on loan applications.
The “Civil Rights” Movement
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The Women’s Equity in Employment Act
(1991) required employers to justify
gender discriminations in hiring, firing,
and job performance evaluations.
The “Civil Rights” Movement
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Congress passed an Equal Rights
Amendment to the Constitution in 1972
forbidding any discrimination because of
gender. It failed to receive ratification
by the necessary 3/4 of the states by
1983, and never became part of the
Constitution.
The “Civil Rights” Movement
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Conservative opposition to the ERA was
strong, and effective in defeating state
ratification. But numerous laws such as
those described earlier seemed to show
many citizens that the states were
already enacting equal rights laws for
women, and that the ERA may well
have been unnecessary.
The “Civil Rights” Movement
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Full civil rights protection for homosexual
citizens became an issue in 1969, when
rioting followed a police raid on a gay bar
in the Stonewall section of New York City.
In Romer v. Evans,1996, the Supreme
Court struck down an amendment to the
Colorado state constitution that would
have excluded gays from nondiscrimination laws. The Court cited the
14th amendment.
The “Civil Rights” Movement
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Age discrimination has been an issue
for older Americans, particularly for
those seeking employment at or near
retirement age. In 1967 Congress
passed the Age Discrimination in
Employment Act, prohibiting any hiring
discrimination against individuals over
40.
The “Civil Rights” Movement
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AFFIRMATIVE ACTION is any policy
that attempts to correct the effects of
past discrimination by such
compensating actions as pro-actively
hiring minorities, promoting minorities,
or admitting minority students to
previously segregated colleges.
The “Civil Rights” Movement
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Affirmative action programs have
always been controversial, because by
definition they are willing to prioritize on
the basis of race, gender, or age;
opponents have called this simply a
variation of racial or gender or age
discrimination.
The “Civil Rights” Movement
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In 1978, Regents of the University of
California v. Bakke, the Court ruled that
in general, affirmative action practices in
student admission to a university were
constitutional as long as race was not
the only factor considered in
administering them.
The “Civil Rights” Movement
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In 1996, the Court ruled in Hopwood v.
Texas that race could not be used as a
factor for or against a student’s admission
to a university; state university applications
were to be completely color-blind in order
to comply fully with the Constitution.
Affirmative action seems to be on the
decline.