Unit7. F.G.

H: Civil Rights and Civil

Liberties
Unit 7.F
Analyze the civil rights and liberties within the Amendments in
our Constitution.
 Let’s put the Bill of Rights into our own
words.

- Line up from tallest to shortest in the back of

the room.
- Don’t sit on any of tables
- I will put you into groups and assign
you an Amendment. You will
summarize the amendment on board
and share with the class.
 Civil Rights v. Civil Liberties
Civil Rights: basic right to be free from unequal
treatment based on certain protected
characteristics (race, gender, disability, etc.) in
settings such as employment, education, housing,
and access to public facilities; positive (presented)
acts of government

Civil Liberties: basic rights and freedoms that are

guaranteed; protections against the government
 Employees do not have the right to
be promoted because it is not
considered to be a civil liberty.
However, female workers have the
right to be free from discrimination
Civil Rights vs. when being considered for
promotions. Employers are not able
Liberties to deny promotions based on the
protected characteristic of gender.
Discriminating against an employee
on the basis of gender is a civil
rights violation.

6
 Take 2: Civil Liberties and Civil Rights
Civil Liberties
Civil liberties are protections against
government actions. For example, the
First Amendment of the Bill of Rights
guarantees citizens the right to practice
whatever religion they please.
Government, then, cannot interfere in an
individual's freedom of worship.
Amendment I gives the individual
"liberty" from the actions of the
government.
Civil Rights
Civil rights, in contrast, refer to positive
actions of government should take to
create equal conditions for all
Americans. The term "civil rights" is
often associated with the protection of
minority groups, such as African
Americans, Hispanics, and women. The
government counterbalances the
"majority rule" tendency in a democracy
that often finds minorities outvoted.
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U.S. Constitution
1. Preamble
2. 7 Articles
3. 27 Amendments
*The first 10
Amendments are called
the Bill of Rights.
Unit 7.G
Interpret and apply each clause in the First Amendment
 Bill of Rights - First Amendment
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.

Adopted 1791
 Establishment Clause
● How would you feel if all your classmates, no matter what
religion, had to start every day with a reading from the
Koran?
● Once you graduate, can you imagine having to sign a
statement that you believe in God in order to vote?

Today Americans think of “freedom of religion” as essential to

daily life. The notion of the “separation of church and state” is
the basis of many Americans’ beliefs about religious freedom.
What does freedom of religion mean?
 Establishment Clause:
How Separate Are Church and State?
What did the Founders believe the Establishment Clause
would prevent?
● a national church
● keep the government from creating state churches

The Establishment Clause keeps the government from

establishing an official religion or supporting a specific
religion.
 What Is the Significance of
the Free Exercise Clause?

SCOTUS Case
❏ Cantwell v.
Connecticut (1940)
 Freedom of Speech/Expression
Are words and ideas, and the variety of ways we express them, really
that important to self-government? For Americans of all walks of life,
the answer is simple: yes.

Do you ever disagree with those in authority: your teacher, the

governor, or the president? If you voice your opinions peacefully, will
you be silenced and punished by the government? No, because the First
Amendment protects freedom of speech. Individuals must also be
responsible when using speech. For instance, it is unlawful to yell “fire”
in a crowded theater if there is no fire.
 Why is Free Speech
Essential to Self-Government?
1. Resolves conflicts
2. Creates an energetic & creative society that may act
as a “check” on the power of government
3. Creates a more stable society
4. Self-government is not possible when speech is
censored
16
 Speech that is
NOT Protected
1. Intentionally spreading lies about someone’s
character
a. Defamation
b. Libel (written) v. Slander (spoken)
2. Intentionally puts others in danger
3. Certain types of obscenity
4. Threatening national security
 History of Freedom of the Press
Founders believed:
a. No prior restraint - censoring before
publication
b. Would limit governmental power
c. Kept citizens informed
 How’s Libel Come Into Play?
Libel - written or printed speech that is false
and harms someone’s reputation

Sullivan v. New York Times (1963)

● In order to prove libel, a “public official” must
know that the newspaper acted with “‘actual
malice’ - that is, with knowledge that it was false
or with reckless disregard” for the truth
The Press Today
 Freedom to Assemble and Petition
What are “assemble and petition” referring to?

● To assemble - people organize together with

the idea of “strength in numbers” (march,
protest)
● To petition - write letters, send emails, sign
petitions
Unit 7.H
Evaluate the intent and practice of our due process amendments (4, 5,
6, 7, 8, 14)
 Recent Activities
1. 2017 - Women’s March (largest single-day protest in U.S.
history)
a. History Channel
b. NPR
2. 2017 - White Supremacist Rally in
Charlottesville, VA
3. 2018 - National School Walkout
(protesting gun violence)
4. 2020 - Stay at Home Orders for Covid-19
 Bill of Rights - 4th Amendment
Adopted 1791
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
no Warrants shall issue, 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.
 Scenario: Should You
Expect Privacy?
Imagine you are being charged with a crime. The
police have evidence against you which they
found in several different ways.

For each example, decide whether you believe the

government should be able to use that evidence if
they didn’t have a warrant when they seized it.
 Should Police Be Able To Use This
Evidence Against You?
1. Evidence from your public school locker.
2. Websites that you visited on your home computer.
3. An email that you sent to a friend from your
school account.
4. Information from your Instagram page, including
status updates and pictures with locations and
other people tagged.
5. Your movements by car on public streets.
 Should Police Be Able To Use This
Evidence Against You?
6. The contents of your cell phone.
7. Things you said on a landline phone conversation
you had at home.
8. Trash from your home that your family had
placed in a garbage can by the curb.
9. Something in your fenced backyard, not visible
from the street.
 Due Process
Definition: when the government enforces laws, it
must follow rules and procedures that respect all
citizens’ rights

Clarification: it is not enough for the laws to be

followed; it requires that laws themselves are
constitutional

Amendments: 4, 5, 6, 7, 8, 14
 Warrant Requirement

● An individual protection that prevents

unreasonable search and seizures

● Police must get a warrant to

search someone by convincing
a court that there is probable
cause to believe that person
has committed a crime
 To Warrant or Not To Warrant?
● Warrant must state person and place to be searched and
items to be located
● Reasonable Searches (without a warrant) include:
○ In plain sight in public
○ Immediate danger to police officer’s life or life and
property of others
○ If vehicle was legally stopped and has reasonable
suspicion, it may be searched
○ An individual volunteers
 Bill of Rights - Fifth Amendment
Adopted 1791
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same
offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for
public use, without just compensation.
 Double Jeopardy Clause
Definition: prohibits anyone from being
prosecuted twice for the same crime

Double Jeopardy Exception

○ Gamble v. United States
○ PBS
○ Fox Business
○ “Separate Sovereigns” = separate
offenses
 Pleading the Fifth

an individual cannot be
compelled by the government to
provide incriminating
information about theirself – the
so-called “right to remain silent”
 Eminent Domain

the right of a
government to take
away private
property for public
use, with payment of
compensation
Eminent Domain
 Bill of Rights - Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence. Adopted 1791
 Miranda v.
Arizona (1966)
 Miranda Rights
You have the right to remain silent. Anything you say can
be used against you in court. You have the right to talk to
a lawyer for advice before we ask you any questions. You
have the right to have a lawyer with you during
questioning. If you cannot afford a lawyer, one will be
appointed for you before any questioning if you wish. If
you decide to answer questions now without a lawyer
present, you have the right to stop answering at any
time.
 Miranda Rights FAQs
1. Do the police have to read you your Miranda
rights?

a. Miranda rights are only required when the police

are questioning you in the context of a criminal
investigation and hope to or desire to use your
statements as evidence against you. Otherwise,
Miranda doesn't apply and they're not required to
be read.
 Miranda Rights FAQs
2. What happens if Miranda rights are not given?

a. Many people believe that if they are arrested and

not "read their rights," they can escape
punishment. Not true. But if the police fail to read a
suspect their Miranda rights, the prosecutor can't
use for most purposes anything the suspect says as
evidence against the suspect at trial.
 Bill of Rights - Seventh Amendment
In Suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall
be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any Court of the United States,
than according to the rules of the common law.

Adopted 1791
 Bill of Rights - Eighth Amendment
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.

Adopted 1791
 Defining Cruel
1. How do you know if a punishment is cruel?
2. Is a cruel punishment one that…
a. causes lots of pain and suffering?
b. is too lengthy to carry out?
c. involves other circumstances that are not mentioned here?
d. is too lengthy?
3. Does the type of crime committed, the circumstances of
the accused, or the type of punishment matter in how
you interpret this word?
 Defining Unusual
1. How do you know if a punishment is unusual?
2. What is the difference between “usual” and “unusual”? How
uncommon does a punishment have to be in order to be
called unusual? Or was “unusual” meant by the Founders to
outlaw arbitrary punishments rather than merely
infrequent ones?
3. How should we determine what is unusual? Must it be
unusual compared to state and federal laws and practices?
Must it be unusual compared to international laws and
practices?
14th Amendment

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Adopted 1868 Fourteenth
Amendment
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.

Section 2
Representatives shall be apportioned among the several States according to their respective numbers,
counting the whole number of persons in each State, excluding Indians not taxed. But when the right to
vote at any election for the choice of electors for President and Vice-President of the United States,
Representatives in Congress, the Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of
age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or
other crime, the basis of representation therein shall be reduced in the proportion which the number of
such male citizens shall bear to the whole number of male citizens twenty-one years of age in such
State.
 Fourteenth Amendment
Adopted 1868
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President,
or hold any office, civil or military, under the United States, or under any State, who, having previously
taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any State, to support the Constitution of the
United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort
to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or pay any debt or obligation
incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
 Fourteenth Amendment
Citizenship Clause
● All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside.

Privileges and Immunities Clause

● No State shall make or enforce any law which shall
abridge [shorten] the privileges or immunities
[exemptions] of citizens of the United States
 Fourteenth Amendment
Due Process Clause
● nor shall any State deprive any person of life, liberty,
or property, without due process of law

Equal Protection Clause

● nor deny to any person within its jurisdiction the
equal protection of the laws.
 Rights of the Accused
Imagine you were talking to someone who said that
they didn’t worry about protecting the rights of the
accused because they never planned to commit a
crime. How would you respond?