🦂Texas Government Unit 9 – Civil liberties and civil rights

Key Concepts and Definitions

• Civil liberties are individual rights and freedoms protected by the Constitution and laws (freedom of speech, religion, due process)
• Civil rights ensure equal treatment and protection from discrimination based on characteristics (race, gender, disability)
  • Derived from the 14th Amendment's Equal Protection Clause
• Incorporation doctrine applies the Bill of Rights to state governments through the 14th Amendment's Due Process Clause
• Strict scrutiny is the highest level of judicial review for cases involving fundamental rights or suspect classifications
  • Government must prove a compelling interest and narrowly tailored means
• Rational basis review is the lowest level of scrutiny for most laws not involving fundamental rights or suspect classifications
  • Laws must be rationally related to a legitimate government purpose

Historical Context

• The Bill of Rights, ratified in 1791, initially only applied to the federal government
• The 13th, 14th, and 15th Amendments, known as the Reconstruction Amendments, expanded civil rights after the Civil War
  • 13th Amendment abolished slavery
  • 14th Amendment granted citizenship and equal protection under the law
  • 15th Amendment prohibited racial discrimination in voting
• The Civil Rights Movement of the 1950s and 1960s led to landmark legislation (Civil Rights Act of 1964, Voting Rights Act of 1965)
• Texas has a history of racial discrimination and segregation, including Jim Crow laws and the exclusion of African Americans from juries

Constitutional Foundations

• The Bill of Rights, the first ten amendments to the U.S. Constitution, protects individual liberties from government infringement
  • Includes freedoms of speech, religion, press, assembly, and petition (First Amendment)
  • Protects against unreasonable searches and seizures (Fourth Amendment)
  • Guarantees due process and equal protection under the law (Fifth and Fourteenth Amendments)
• The Fourteenth Amendment, ratified in 1868, extended civil rights protections to state governments
  • Citizenship Clause grants birthright citizenship
  • Due Process Clause prohibits states from depriving individuals of life, liberty, or property without due process
  • Equal Protection Clause requires states to provide equal protection under the law
• The Texas Constitution also includes a Bill of Rights (Article I) protecting individual liberties

Major Civil Liberties

• Freedom of speech protects the right to express opinions without government censorship
  • Includes symbolic speech (flag burning) and political speech
  • Limited exceptions for obscenity, defamation, and incitement to violence
• Freedom of religion prevents the government from establishing an official religion or prohibiting the free exercise of religion
  • Establishment Clause prohibits government endorsement or funding of religion
  • Free Exercise Clause protects the right to practice one's faith
• Right to privacy, though not explicitly mentioned in the Constitution, has been recognized by the Supreme Court
  • Griswold v. Connecticut (1965) established a right to privacy in the context of contraception
  • Roe v. Wade (1973) extended the right to privacy to include a woman's decision to have an abortion
• Second Amendment protects an individual's right to keep and bear arms
  • District of Columbia v. Heller (2008) struck down a handgun ban as unconstitutional

Important Civil Rights

• Racial equality and non-discrimination are protected by the Fourteenth Amendment's Equal Protection Clause and civil rights legislation
  • Brown v. Board of Education (1954) declared racial segregation in public schools unconstitutional
  • Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin
• Voting rights are protected by the Fifteenth Amendment and the Voting Rights Act of 1965
  • Shelby County v. Holder (2013) struck down the preclearance formula of the Voting Rights Act
• Women's rights, including the right to vote (Nineteenth Amendment) and protection from discrimination (Title VII of the Civil Rights Act)
• LGBTQ+ rights, such as the right to same-sex marriage recognized in Obergefell v. Hodges (2015)
• Disability rights, including reasonable accommodations and protection from discrimination (Americans with Disabilities Act of 1990)

Landmark Court Cases

• Marbury v. Madison (1803) established the principle of judicial review, allowing courts to declare laws unconstitutional
• Gitlow v. New York (1925) began the process of incorporating the Bill of Rights to apply to state governments
• Engel v. Vitale (1962) ruled that school-sponsored prayer violates the Establishment Clause of the First Amendment
• Gideon v. Wainwright (1963) guaranteed the right to legal counsel for criminal defendants, even if they cannot afford an attorney
• Loving v. Virginia (1967) struck down state laws banning interracial marriage as unconstitutional
• Tinker v. Des Moines (1969) protected students' right to free speech in public schools
• Roe v. Wade (1973) recognized a constitutional right to abortion based on the right to privacy
• Texas v. Johnson (1989) upheld flag burning as protected symbolic speech under the First Amendment

Texas-Specific Laws and Policies

• Texas has a voter ID law requiring voters to present an approved form of photo identification at the polls
  • The law has been challenged in court for potentially discriminating against minority voters
• Texas has enacted several abortion restrictions, including a 20-week ban and requirements for admitting privileges and ambulatory surgical centers
  • Whole Woman's Health v. Hellerstedt (2016) struck down some of these restrictions as unconstitutional
• Texas has a "campus carry" law allowing licensed individuals to carry concealed handguns on public university campuses
• The Texas Religious Freedom Restoration Act (RFRA) provides additional protections for religious liberty beyond the federal RFRA
• Texas does not have a statewide non-discrimination law protecting LGBTQ+ individuals from discrimination in employment, housing, or public accommodations

Current Issues and Debates

• Voting rights and access, including controversies over voter ID laws, gerrymandering, and restrictions on mail-in voting
  • Debates over the impact of these measures on minority voters and voter turnout
• Religious liberty and the balance between free exercise of religion and non-discrimination
  • Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) addressed the conflict between religious beliefs and same-sex marriage
• Police brutality and racial profiling, particularly in the wake of high-profile cases (George Floyd, Breonna Taylor)
  • Calls for police reform, increased accountability, and addressing systemic racism
• Hate speech and the limits of free speech, especially in the context of social media and online platforms
  • Discussions about the role of private companies in moderating content and the potential for government regulation
• Transgender rights, including access to bathrooms, participation in sports, and protection from discrimination
  • Debates over balancing inclusivity, privacy, and fairness in various settings