Principles of Civil Liberties and
Civil Rights
What is the difference between……
Civil Rights and Civil Liberties
Definition
Civil Liberties -- Rights that need
protection from the government (These
are listed in the Bill of Rights)
Civil Rights -- Rights that need
protection by the government (These
are provided through legislative acts)
What offers us protection?
The Constitution
Bill of Rights / Amendments
Legislation (Civil Rights Acts of 1964)
Court Decisions (Brown v. Board of Ed.
1954)
State Constitutions
Are there instances where we treat
people differently?
Examples??
Are there instances where we
treat people differently?
Muller v. Oregon (1908)
Oregon enacted a law that limited women to 10 hrs.
of work a day in factories and laundries (Does the
law violate a woman’s freedom to enter into a
contract?)
Ruling: NO. Identified physical and social effects on
women compared to men (accepted wisdom of the
day)
Application of Constitution
Prior to the 14th Amendment
In the 1st Amendment it states “ CONGRESS shall make
no law respecting an establishment of religion…….
There is no mention of the states.
Barron v. Baltimore (1833)
John Barron was co-owner of a wharf in the harbor of
Baltimore. The city developed placing large amts. of
Sand in the harbor affecting his business. He sued the
city to recover a portion of his losses
Court Ruling
Question: Does the 5th Amendment deny
the states the right to take public
property for public use without just
compensation
Ruling: No. (7-0) Court has no jurisdiction
in this case. Limitations of the 5th
Amendment were designed to limit
powers of national government, not the
states
Impact of Federalism
Effect of the 14th Amendment
“…..no state shall make or enforce any law
which shall abridge the privileges and
immunities of citizens of the U.S.; nor shall
any state deprive any person of life, liberty,
or property without due process of the law;
nor deny to any person the equal protection
of the laws.”
Impact of Federalism
Effect of 14th Amendment
 Due process clause is used to apply Bill of Rights to
states. Bans states from denying life, liberty, and
happiness

Two Views:
 Total Incorporation- View would apply most provisions
of Bill of Rights to states (Except 2, 3, 7, 10)
 Selective Incorporation- This view holds that only
some provisions would apply and would do so on case by
case basis
Example of Incorporation
Gitlow v. New York (1925)
 Gitlow was passing out left-wing manifesto
calling for strikes
 Arrested in N.Y. for violating “anarchy” laws
 Court ruled that Gitlow’s 14th Amend. Rights
violated
 State could prohibit speech if it posed a “clear
and present” danger to public and security was
at risk
Amendments: Nationalized
1st Religion, Speech, Press, Assembly
4th Search and Seizure
5th Due Process / Rights of Accused
6th Speedy and Public Trial
14th States shall not deprive any person of
life, liberty, or property w/o due process of
the law who is a citizen
Religion
Establishment Clause: Gov’t may not establish an official religion
Jefferson’ “wall of separation” called on gov’t to allow NO
mixing of church and state
Engle v. Vitale (1962)

Board of Ed. in N.Y. required recitation of nondenominational
prayer at beginning of the day. Showed favor for a religion.
Violated establishment clause
Lemon v. Kurtzman (1971) – “Lemon Test”

PA. And RI. Had laws that funded teachers of secular subjects,
even in religious schools. Court ruled statutes violated
establishment clause if money had secular purpose, did not
advance religion, and did not mix religion/gov’t
The “Wall of Separation”
“Religious institutions that use government power in
support of themselves and force their views on
persons of other faiths, or of no faith, undermine all
our civil rights. Moreover, state support of an
established religion tends to make the clergy
unresponsive to their own people, and leads to
corruption within religion itself. Erecting the 'wall of
separation between church and state,' therefore, is
absolutely essential in a free society.”
― Thomas Jefferson
Fundamental Rights Test
Courts subjects laws which deny fundamental rights to strict
scrutiny
Such rights include those implied in Constitution
Ex.- Travel, Political Association, Privacy, (Griswold v.
Connecticut, 1965)
Roe v. Wade (1973)



Prior to 1973, states set their own policies
Roe set one federal policy w/ trimester guidelines. Based on right
to privacy
Webster v. Reproductive Health Services (1987). Didn’t
overturn Roe, but gave states leeway in restricting abortion
De Jure Segregation
14th Amendment (1868): Equal
Protection Amendment “All persons
born in U.S. are citizens. No state shall
deprive of life, liberty, or property w/o
due process of law
Rise of Jim Crow laws (literacy test, poll
tax, etc. ),
Discrimination: Rulings/Legislation
Women
 Civil Rights Act (1964), Title IX of Education Act (1972)
prohibited gender discr. In federally funded education
programs
African-Americans
 Dred Scott Decision (1857), Plessy v. Ferguson (1896),
Brown v. Board (1954), Civil Rights Act (1964), Voting
Rights Act (1965)
Hispanics

Lau v. Nicholas (1974) schools must take action to help nonEnglish speakers
Search and Seizure
Arrests may be conducted with a warrant based on probable
cause (no warrant for “emergencies”)
Search may be conducted to save lives (protect lives, if
evidence is in “plain” view)
Exclusionary Rule: illegally obtained evidence may not be used
in court (Mapp v. Ohio, 1961)
Police Questioning


Forced questioning/coercion prohibited
Miranda warnings to silence and counsel (Miranda v. Arizona,
1966)
Habeus Corpus

Court order requiring authorities to bring accused person to court
Rights of An Accused
Counseled
 Gideon v. Wainwright (1963); states must provide legal
help for suspects who cannot afford it
Speedy and Public Trial
 Prevents delays
 Prevents secret trials
Trial by Jury
 Guaranteed in criminal cases, most cases settled through
plea bargain