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Module 3

The document distinguishes between civil liberties, which protect individuals from government actions, and civil rights, which ensure equal treatment and protection from discrimination. It discusses key First Amendment freedoms, the concept of selective incorporation through the 14th Amendment, and the rights of the accused, highlighting landmark Supreme Court cases. Additionally, it addresses the Civil Rights Movement, significant legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965, and ongoing debates regarding affirmative action.

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8 views2 pages

Module 3

The document distinguishes between civil liberties, which protect individuals from government actions, and civil rights, which ensure equal treatment and protection from discrimination. It discusses key First Amendment freedoms, the concept of selective incorporation through the 14th Amendment, and the rights of the accused, highlighting landmark Supreme Court cases. Additionally, it addresses the Civil Rights Movement, significant legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965, and ongoing debates regarding affirmative action.

Uploaded by

celestialwander13
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

I. Civil Liberties vs.

Civil Rights

Civil liberties are protections that shield individuals from improper government action,
defining what the government cannot do to limit freedom.

Civil rights, on the other hand, are obligations placed on the government to ensure equal
treatment and protect people from discrimination.

Civil liberties are primarily rooted in the Bill of Rights, while civil rights have developed over
time through social movements, Supreme Court decisions, and legislation such as the Civil
Rights Act of 1964.

II. First Amendment Freedoms

Freedom of Religion

The Establishment Clause prevents the government from creating or favoring a religion,
often described as a “wall of separation” between church and state.

In Engel v. Vitale (1962), the Court ruled that school-sponsored prayer is unconstitutional.

The Free Exercise Clause protects individuals’ rights to practice their religion freely.

In Wisconsin v. Yoder (1972), the Court ruled that religious freedom outweighed state
education requirements, allowing Amish families to withdraw children from school after
eighth grade.

Freedom of Speech and Press

The “marketplace of ideas” suggests truth emerges through open discussion and debate.

In Schenck v. United States (1919), the Court established the “clear and present danger”
test, allowing limits on speech during wartime.

In Tinker v. Des Moines (1969), the Court protected symbolic speech, ruling students retain
rights unless their actions cause substantial disruption.

In New York Times v. United States (1971), the Court rejected prior restraint, allowing
publication of the Pentagon Papers and strengthening press freedom.

III. Selective Incorporation and the 14th Amendment

The Bill of Rights originally applied only to the federal government.

Through the Fourteenth Amendment’s Due Process Clause, the Supreme Court developed
selective incorporation, applying key rights to the states.
This prevents states from violating fundamental rights such as life, liberty, and property
without due process.

For example, McDonald v. Chicago (2010) incorporated the Second Amendment, applying
it to state governments.

IV. Rights of the Accused

The Fourth Amendment protects against unreasonable searches and seizures and requires
warrants based on probable cause.

In Mapp v. Ohio (1961), the Court applied the exclusionary rule, preventing illegally
obtained evidence from being used in court.

The Fifth Amendment protects against self-incrimination and double jeopardy.

Miranda v. Arizona (1966) established that suspects must be informed of their rights before
questioning.

The Sixth Amendment guarantees the right to counsel, reinforced in Gideon v. Wainwright
(1963), which requires states to provide attorneys for those who cannot afford one.

V. Civil Rights and the Fight for Equality

Brown v. Board of Education (1954) overturned “separate but equal”, declaring school
segregation unconstitutional.

The decision helped launch the modern Civil Rights Movement and emphasized equal
protection under the law.

The Civil Rights Act of 1964 banned discrimination in public accommodations,


employment, and education.

The Voting Rights Act of 1965 eliminated barriers like literacy tests and enforced federal
protection of voting rights.

Ongoing debates include policies like affirmative action, which aim to address past
discrimination and promote diversity.

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