Civil Rights and Civil Liberties

Introduction

Through the U.S. Constitution, but primarily through the Bill of Rights and the Fourteenth Amendment, citizens and groups have attempted to restrict national and state governments from unduly infringing upon individual rights essential to ordered liberty and from denying equal protection under the law. Likewise, it has sometimes been argued that these legal protections have been used to block reforms and restrict freedoms of others in the name of social order.

Essential Questions

List the basic civil rights and liberties provided in the Bill of Rights.
Evaluate the arguments concerning the balance between freedom of speech and a need for security.
Evaluate the validity of the Patriot Act.
Discuss the rights of due process.
Explain the equal protection of the law with regard to different groups.
To what extent do the U.S. Constitution and its amendments protect against undue government infringement on essential liberties and from invidious discrimination?
How have U.S. Supreme Court rulings defined civil liberties and civil rights?

Key Terms

Civil Liberties: Rights that belong to everyone which include protections against the government and are guaranteed by the Constitution, legislation, and judicial decisions.
Civil Rights: Acts of government which are designed to prevent discrimination and provide equality before the law.
Establishment Clause: Clause in the First Amendment of the Constitution that prohibits the establishment of religion by Congress.
Prior Restraint: A government restriction on the freedom of speech or other expression before it can take place.
Doctrine of Selective Incorporation: Constitutional doctrine that states cannot enact laws that take away the Constitutional rights Americans that are supported in the Bill of Rights.
Due Process Clause: Deals with the administration of justice and acts as a safeguard against the denial of life, liberty, and property by the government. The Fifth and Fourteenth Amendments both contain a due process clause.
Miranda Rule: Requires that criminal suspects be informed of their Fifth and Sixth Amendment rights prior to being interrogated.
Cell phone data: The transmission of data via mobile device and is can be used for email, webpages, media, and app downloads.
Telecommunication metadata: The exchange of information by electronic means and refers to all types of voice, data, and video transmission.
Patriot Act: US law passed in the wake of 9/11 with goals to strengthen domestic security and broaden the powers of law-enforcement agencies with regards to identify and stop terrorism.
USA Freedom Act: An act that reforms of government surveillance of American citizens and dissolves the need to collect phone records and internet metadata.
Exclusionary rule: A law that prohibits the use of illegally obtained evidence in a criminal trial.
Affirmative Action: A policy that favors those who tend to suffer from discrimination in the workplace or educational opportunities.

Court Cases:

Engel v. Vitale (1962)
Wisconsin v. Yoder (1972)
Tinker v. Des Moines Independent Community School District (1969)
Schenck v. United States (1919)
New York Times Co. v. United States (1971)
McDonald v. Chicago (2010)
Gideon v. Wainwright (1963)
Brown v. Board of Education (1954)

Documents:

First Amendment
Bill of Rights
Fourteenth Amendment
Letter From a Birmingham Jail
Civil Rights Act of 1964
Title IX of the Education Amendments Act
The Voting Rights Act of 1965

IMAGES CREATED BY GAVS