TOPIC 4Civil Rights and LibertiesGeneral Nature of Civil Rights & LibertiesA. CharacteristicsB. Distinction between Civil Liberties & Civil RightsProtection of Civil Rights & LibertiesA. Rights & Liberties are Not AbsoluteB. Exercise of Civil Rights & LibertiesIII. Discussion of Specific Civil Rights & LibertiesA. The Incorporation DoctrineB. OtherTOPIC 4Civil Rights and LibertiesI. General Nature of Civil Rights & LibertiesA. Characteristics1. Equality2. Human Dignity3. FreedomB. Distinction between Civil Liberties & Civil Rights1. Shield and Sword2. Civil Liberties = Shielda. Negative safeguard against gov’t actionb. When gov’t is prevented from acting in order to protect or not unreasonably limit freedomc. Ensure individuals are free to make choices3. Civil Rights = Sworda. Positive weapon wielded by gov’tb. Gov’t takes the initiative to protect helplessc. Ensures that freedom is not arbitrarily denied to certain categories of individualsII. Protection of Civil Rights & LibertiesA. Rights & Liberties are Not Absolute1. Limits on rights and libertiesa. Conflict between liberty and social orderb. Conflict between rights2. Requires a delicate balanceB. Exercise of Civil Rights & Liberties1. How to resolve conflicts between rightsa. “You can exercise your right only as long as it does not interfere with someone else’s rights”b. WRONG2. Exercise of civil rights is a political problema. Whatever the majority will tolerateb. Not the same as “majority rule”III. Discussion of Specific Civil Rights & LibertiesA. The Incorporation Doctrine1. Bill of Rights originally applied only to the federal governmenta. 5th Amend.: “No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”b. Barron v. Baltimore (1833): Freedoms guaranteed by the Bill of Rights did not restrict the state governments2. 14th Amendmenta. Specifically applies to states: “No State shall . . . deprive any person of life, liberty, or property, without due process of law”b. What’s included in the meaning of 14th amendment “due process” clause?i. Justice Hugo Black: Total incorporation of Amends. 1-8? orii. Justice Felix Frankfurter: Selective incorporation on base-by-case basis?iii. Supreme court adopted the selective, case-by-case approachTable 4.1Table 4.1Incorporation of the Bill of Rights to Apply to State GovernmentsYearAmend.IssueSupreme Court CaseVote1868XIVFourteenth Amendment ratified1897VJust comp. in taking of private property by govt.Chicago, Burlington & Quincy RR v. Chicago9:01925IFreedom of speech & pressGitlow v. New York7:21927IFreedom of speechFiske v. Kansas9:01931IFreedom of pressNear v. Minnesota5:41932VICounsel in capital criminal casesPowell v. Alabama7:21934IFree exercise of religionHamilton v. Regents of the U. of Calif.9:01937IFreedom of assembly & petitionDe Jonge v. Oregon8:01940IFree exercise of religionCantwell v. Connecticut9:01947ISeparation of church & stateEverson v. Board of Education5:41948VIPublic trialIn re Oliver7:21949IVUnreasonable searches & seizuresWolf v. Colorado6:31961IVExclusionary rule of evidence from unreasonable search & seizureMapp v. Ohio6:31962VIIICruel & unusual punishmentRobinson v. California6:21963VICounsel in all criminal casesGideon v. Wainwright9:01964VSelf-incriminationMalloy v. HoganMurphy v. Waterfront Comm.5:49:01965VIRight to confront adverse witnessesPointer v. Texas7:21965IXRight to privacyGriswold v. Connecticut7:21967VIImpartial juryParker v. Gladden8:11967VIObtaining & confronting favorable witnessesWashington v. Texas9:01967VISpeedy trialKlopfer v. North Carolina9:01968VIJury trial in non-petty criminal casesDuncan v. Louisiana7:21969VDouble jeopardyBenton v. Maryland7:22010IIIndividual right to keep and bear armsMcDonald v. Chicago5:4Other TOPIC 4 Civil Rights and Liberties General Nature of Civil Rights & Liberties A. Characteristics B. Distinction between Civil Liberties & Civil Rights Protection of Civil Rights & Liberties A. Rights & Liberties are Not Absolute B. Exercise of Civil Rights & Liberties III. Discussion of Specific Civil Rights & LibertiesA. The Incorporation DoctrineB. Other TOPIC 4 Civil Rights and LibertiesI. General Nature of Civil Rights & LibertiesA. Characteristics1. Equality2. Human Dignity3. FreedomB. Distinction between Civil Liberties & Civil Rights1. Shield and Sword2. Civil Liberties = Shielda. Negative safeguard against gov’t actionb. When gov’t is prevented from acting in order to protect or not unreasonably limit freedomc. Ensure individuals are free to make choices3. Civil Rights = Sworda. Positive weapon wielded by gov’tb. Gov’t takes the initiative to protect helplessc. Ensures that freedom is not arbitrarily denied to certain categories of individualsII. Protection of Civil Rights & LibertiesA. Rights & Liberties are Not Absolute1. Limits on rights and libertiesa. Conflict between liberty and social orderb. Conflict between rights2. Requires a delicate balanceB. Exercise of Civil Rights & Liberties1. How to resolve conflicts between rightsa. “You can exercise your right only as long as it does not interfere with someone else’s rights”b. WRONG2. Exercise of civil rights is a political problema. Whatever the majority will tolerateb. Not the same as “majority rule”III. Discussion of Specific Civil Rights & LibertiesA. The Incorporation Doctrine1. Bill of Rights originally applied only to the federal governmenta. 5th Amend.: “No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”b. Barron v. Baltimore (1833): Freedoms guaranteed by the Bill of Rights did not restrict the state governments2. 14th Amendmenta. Specifically applies to states: “No State shall . . . deprive any person of life, liberty, or property, without due process of law” b. What’s included in the meaning of 14th amendment “due process” clause?i. Justice Hugo Black: Total incorporation of Amends. 1-8? orii. Justice Felix Frankfurter: Selective incorporation on base-by-case basis?iii. Supreme court adopted the selective, case-by-case approach Table 4.1 Table 4.1 Incorporation of the Bill of Rights to Apply to State GovernmentsYear Amend. Issue  Supreme Court Case Vote1868