POLS 206 1st Edition Lecture 9Outline of Last Lecture I. Freedom of Expression/Speech: minors, obscenity, pressII. Rights of the accusedOutline of Current Lecture lll. Civil RightslV. Civil Rights in the 19th CenturyV. African Americansi. Plessy v. Fergusonii. Brown v. Board of Education of Topeka (1954) and desegregationiii. Is there segregation today?iv. Civil Rights Movementv. Equal Protection ClauseVl. Women’s suffrage: Equal Treatment for womenVll. Different Ethnic groupsVlll. Affirmative ActionCurrent Lecturel. Civil Rights- essentially, it is full equality under the law that everyone has in American societyll. Civil Rights in the 19th Centurya. Dred Scott (1857)- a slave (Dred Scott) was given partial freedom but went tp court arguing he should have total freedom and tried to sue. There were arguments about this. However, it was a weird case because he was not considered a person.b. Missouri Compromise of 1820 happened.c. Civil War Amendments- 13th (slavery is outlawed), 14th (citizenship, equal protection, and due process), 15thlll. African Americans: a. Plessy v. Ferguson (1896)- Plessy argued against the constitutionality of segregation inpublic services. The Separate but Equal Doctrine was formed. b. Brown v. Board of Education of Topeka (1954)- challenged Plessy v. Ferguson, saying separate is NOT equal. Blacks were not getting the same education, environment, anddistance to school.c. 1957- in desegregation in Little Rock Central High school, people were upset about it, including Governor Orval Faubus, who had the Arkansas National Guard sent to try to stop the desegregation. However, the entire idea for the government is that States felt they should be able to decide this themselves, but Eisenhower said States must obey and sent troops to allow the desegregation. d. Is there segregation today?- There is no “De Jure” (legal segregation) today. De Facto- for whatever reason, there happens to be a little segregation. Should there be forced busing to schools in order to make more integrated school classrooms?i. Swann v. Charlotte Mecklenburg Board of Education (1973) said yes to forced busingii. Missouri v. Jenkins (1995) proved forced busing is really inequality partly because, like before, it takes a very long time for some students to go from home to school and back home compared to other students. e. Civil Rights Movement in 1960’s- Led primarily by Martin Luther King Jr. at “Southern Christian Conference” wanting to end segregation by “non-traditional” methods of political participation and nonviolence movements. Rosa Parks also had a big impact on the Civil Rights Movement. They had sit-ins, Civil disobedience, peaceful protests, and King headed the 1963 March on Washington. i. Civil Rights Act of 1964, Voting Rights Act of 1965, and Civil Rights of 1968 (do not study this too much) was all proved legal because Commerce Clause. Malcolm X was not as successful because his tactics were often violent, compared to successful King.f. Equal Protection Clause-14th:i. The Rational Basis Test (Ordinary Scrutiny) and Intermediate Scrutiny: essentially, you cannot base your reasons just on gender or race though there are some legit reasons.ii. Strict Scrutiny: There has to be a VERY VERY good, narrow reason you are discriminating, otherwise it is illegal. lV. Women’s suffrage: Equal Treatment for womena. U.S. was less progressive than most counties in terms of women votingb. In the early 1900’s women had a big fight for suffrage and won in the end with the 19th Amendment in 1920. c. Today...it is not completely equal, though opportunities have significantly improved. For example, there has not been many women at the top of our government, though women are beginning to influence the political process and become more dominant. There is some inequality such as women are not paid as much as men though it is much better. V. Different Ethnic groupsa. Hispanics: the biggest minority but NOT very involved at all considered their population size. This is a problem because they are not equally represented in the House of Representatives. They are not just from Mexico, but also from Central and South America (thats several groups of people with several different opinions and beliefs). b. Asians: the most accurate to percentage in House of Representatives and have average high income. c. Older people: Thats a lot of people, but businesses tend not to hire because want a younger worker, so Age Discrimination in Employment Act of 1967 attempted to help them with that. There are rules that have been implemented that require buildings toaccommodate disabled people, such as elevators and ramps. d. Gays, Lesbian, Bisexual, and Transgender: changing attitude toward that today, though there is some discrimination (such as marriage). Vl. Affirmative Action: Tested: Regents of the University of California v. Bakke (1979). Attacked: Hopwood v. State of Texas (1996) and Gratz v. Bollinger
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