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what's up everybody this is my favorite
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unit of APG so let's get right to
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it get out your set of guide and fill it
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in as we go pause the video when you
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need to unit 3 is civil liberties and
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civil rights and it's all about trying
00:00:14
to balance Liberty and security there
00:00:16
are three big questions in this unit
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first in what ways does the Constitution
00:00:19
attempt to limit the abusive
00:00:21
governmental power second how can
00:00:23
individuals and groups help protect
00:00:25
civil liberties and civil rights and
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third why have Supreme Court decisions
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about civil liberties and civil rights
00:00:30
changed over time okay first up the Bill
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of Rights let's start by defining civil
00:00:34
liberties we're talking about individual
00:00:37
personal freedoms being protected from
00:00:39
arbitrary government interference in
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fact the purpose of the Bill of Rights
00:00:43
is to protect personal Liberty by
00:00:45
limiting governmental power I'm sure you
00:00:47
remember that the Bill of Rights is the
00:00:48
first 10 amendments to the Constitution
00:00:50
but let's just review that real fast the
00:00:52
First Amendment includes freedoms of
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religion speech press assembly and the
00:00:55
right to petition for a redress of
00:00:57
grievances the second amendment protects
00:00:59
the right to bear arms the third
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amendment prevents courting of troops in
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private homes during peace time the
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fourth amendment protects people from
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unreasonable surges and seizures the
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Fifth Amendment includes various due
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process rights the sixth amendment is
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the right to a speedy and public trial
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by jury in criminal cases the seventh is
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the right to trial by jury in civil
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cases the eighth amendment protects
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people from cruel and unusual punishment
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as well as excessive fines and bail the
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ninth amendment is UN enumer rights of
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the people basically acknowledging that
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people retain other rights besides those
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that were specifically listed and the
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10th Amendment doesn't really fit here
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but it reserves powers to the state stes
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originally the Bill of Rights only
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protected people from the federal
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government but today it restricts not
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only Federal power but also state and
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local governments as well so we're going
00:01:38
to briefly skip to topic 3.7 and talk
00:01:40
about how that's happened and what it
00:01:42
means for us today let's start with the
00:01:43
14th Amendment specifically the due
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process clause which says nor shall any
00:01:47
state deprive any person of life liberty
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or property without due process of law
00:01:52
this restricts state power unlike the
00:01:54
Bill of Rights which limited Federal
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power this is the basis for
00:01:57
incorporation incorporation is the
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application of the Bill of Rights to the
00:02:00
states reducing state power the other
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key word in the due process clause is
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Liberty which is interpreted as
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preventing States from taking away a
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person's fundamental Liberties and this
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began the process of selective
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incorporation in which the Bill of
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Rights has been applied to the States on
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a Case by case basis today nearly the
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entire Bill of Rights has been
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Incorporated Insider tip focus on how
00:02:21
incorporation has altered the balance of
00:02:23
power between federal and state
00:02:24
governments as well as individual rights
00:02:26
versus governmental power now let's dive
00:02:28
down and get into the details of key
00:02:30
parts of the Bill of Rights and how
00:02:31
they've been interpreted over time let's
00:02:33
begin with freedom of religion there are
00:02:35
actually two parts to Religious Freedom
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The Establishment Clause and the free
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exercise clause The Establishment Clause
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prevents governments from establishing
00:02:42
an official religion or giving
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preferential treatment for or against a
00:02:46
religion policies must be religiously
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neutral your required case Engle versus
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vital began with a New York policy that
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each school day would begin with a
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voluntary non-denominational prayer the
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Court held that states can't hold
00:02:57
prayers in public schools even if
00:02:59
they're voluntary and the prayer isn't
00:03:01
tied to a specific religion because
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state sponsored Public School prayer
00:03:05
violates The Establishment Clause next
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the free exercise clause protects
00:03:09
people's rights to practice the religion
00:03:11
of their choice in Wisconsin versus Yoda
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the state had a law mandating school
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attendance until the age of 16 but for
00:03:16
religious reasons Amish families refused
00:03:18
to send their kids to high school the
00:03:20
Court held that the state could not
00:03:21
compel Amish students to attend school
00:03:23
past 8th grade because people's interest
00:03:25
in free exercise of religion outweighs
00:03:27
the state's interest in compulsory
00:03:29
schooling attendance next up my favorite
00:03:31
Free Speech Insider T focus on the line
00:03:34
between speech that is or is not
00:03:36
protected the case shank versus US began
00:03:38
after Congress passed the Espionage Act
00:03:40
during World War I and a man was
00:03:41
arrested for Distributing leaflets
00:03:43
opposing the military draft perhaps
00:03:45
surprisingly the court upheld the
00:03:47
Espionage Act saying that it did not
00:03:49
violate the First Amendment basically
00:03:51
the court said that usually such a law
00:03:53
would be unconstitutional but this is
00:03:55
wartime so speech that would usually be
00:03:57
protected could be restricted this sets
00:04:00
the precedent that there can be time
00:04:01
place and manner restrictions to speech
00:04:04
meaning that speech can be limited
00:04:05
though usually not outright prevented
00:04:08
under certain circumstances similarly
00:04:10
there are a handful of types of speech
00:04:12
that are not protected including liable
00:04:14
a written lie slander a spoken lie as
00:04:17
well as obscenity additionally speech
00:04:19
that is intended to and likely to incite
00:04:21
imminent Lawless action is also not
00:04:23
protected on the other hand symbolic
00:04:25
speech and hate speech both are
00:04:27
protected as long as it's not inciting
00:04:29
imminent Lawless action don't worry we
00:04:31
also have a pro- free speech case Tinker
00:04:33
versus De Moine where a school suspended
00:04:35
students for wearing black armbands as a
00:04:37
Vietnam war protest the court said that
00:04:39
the armbands are symbolic speech which
00:04:41
is protected and that students have free
00:04:43
speech rights at school the students
00:04:45
First Amendment right of political
00:04:46
symbolic speech overrode the school's
00:04:49
concern for potential disorder next up
00:04:51
is the closely related freedom of the
00:04:52
press and your required case here is New
00:04:54
York Times versus us the Nixon
00:04:56
Administration attempted to block
00:04:58
publication of the Pentagon papers by
00:04:59
the New York Times And The Washington
00:05:01
Post the court said that the federal
00:05:03
government did not have the right to
00:05:04
block publication reasoning that because
00:05:06
of the first amendment's freedom of the
00:05:08
press there is a heavy presumption
00:05:10
against prior restraint which is a fancy
00:05:12
way to say that it's very difficult for
00:05:13
government censorship to ever be
00:05:15
justified including for national
00:05:16
security reasons turning our attention
00:05:18
to the Second Amendment the court
00:05:19
recently made two Landmark rulings on
00:05:22
gun rights and the meaning of the Second
00:05:23
Amendment in a 2008 case DC versus heler
00:05:26
which you don't need to know by name the
00:05:27
Court established that there is an
00:05:29
individual right to bear arms for the
00:05:31
purpose of self-defense this
00:05:33
interpretation reflects a commitment to
00:05:35
individual liberty limiting the ability
00:05:37
of governments to restrict citizen
00:05:39
access to Firearms at the same time
00:05:41
there is the attempt to balance those
00:05:43
rights with safety and the court has the
00:05:45
rule that governments have the right to
00:05:47
regulate gun possession Insider tip look
00:05:49
for the trade-offs between freedom with
00:05:51
order and safety and governmental
00:05:52
policies one example is the death
00:05:54
penalty states are currently allowed to
00:05:56
give the death penalty but the Supreme
00:05:58
Court has limited its use in some ways
00:06:00
it cannot be given for crimes committed
00:06:02
as a minor nor to intellectually
00:06:04
disabled people with an IQ below 70 nor
00:06:07
can it be given by States for crimes
00:06:08
besides murder another example is the
00:06:10
debate over government collection of
00:06:12
digital metadata and whether it promotes
00:06:14
Public Safety or is a violation of
00:06:16
individual rights to be clear this is
00:06:18
talking about the government's ability
00:06:20
to recover Digital Data on your
00:06:21
electronic devices regarding things like
00:06:24
your location call text and email
00:06:26
history and whether they need a warrant
00:06:28
to do those things or not those who
00:06:31
argue that it promotes Public Safety say
00:06:33
that this helps law enforcement catch
00:06:34
bad guys and that it might help prevent
00:06:36
potential threats from being carried out
00:06:38
on the other hand opponents say that
00:06:40
this violates a person's Fourth
00:06:41
Amendment rights protecting us from
00:06:43
unreasonable searches and seizures
00:06:45
additionally we have a reasonable
00:06:47
expectation of privacy and law
00:06:48
enforcement needs to respect the Fourth
00:06:50
Amendment when they're engaged in an
00:06:52
investigation Okay so we've already done
00:06:54
most of the section already one thing to
00:06:55
add is the required case McDonald vers
00:06:57
Chicago in this case Chicago effectively
00:06:59
banned handguns by requiring residents
00:07:01
to obtain a license but then invariably
00:07:04
denying applications the court
00:07:06
Incorporated the right to bear arms
00:07:08
reasoning that the Second Amendment
00:07:09
establishes an individual right to bear
00:07:11
arms and through the 14th amendment's
00:07:13
due process clause it applies to States
00:07:15
as well as the federal government this
00:07:17
is an excellent example of selective
00:07:19
incorporation showing how it decreases
00:07:21
state power since states can no longer
00:07:23
violate the Second Amendment whereas
00:07:25
previously they weren't constrained by
00:07:27
it now let's talk a little bit more
00:07:28
about due process and the the rights of
00:07:29
the accused focusing on the fourth
00:07:31
through the sixth amendments due process
00:07:33
is mentioned twice in both the fifth and
00:07:35
14th amendments the gist of which is
00:07:37
that neither the federal nor states can
00:07:39
deprive a person of life liberty or
00:07:41
property without due process of law more
00:07:43
specifically this topic deals with
00:07:45
procedural due process meaning that the
00:07:47
law must be applied fairly and legal
00:07:49
processes can't be arbitrary the fourth
00:07:51
amendment protects people against
00:07:53
unreasonable searches and seizures a
00:07:54
search is only considered reasonable if
00:07:56
the officer has probable cause consent
00:07:58
or a search warrant but it wasn't until
00:08:00
the exclusionary rule that the Fourth
00:08:02
Amendment really had any teeth according
00:08:04
to the exclusionary rule illegally
00:08:06
obtained evidence cannot be used in a
00:08:08
trial thus protecting individual rights
00:08:11
though some critics argue that it
00:08:12
impedes law enforcement and the
00:08:14
exclusionary role has been Incorporated
00:08:16
so this is true in state trials as well
00:08:18
speaking of the rights of the accused
00:08:19
let's talk about Gideon versus way wri a
00:08:21
Florida man I know insert joke here was
00:08:23
charged with a felony and the judge
00:08:25
refused to provide him an attorney the
00:08:27
court held that states must provide an
00:08:28
attorney to defendants who can't afford
00:08:30
one and this Incorporated the sixth
00:08:32
amendments guaranteed to the right of
00:08:33
legal councel there's also the Miranda
00:08:35
rule which requires police to inform
00:08:37
suspects in custody of their fifth and
00:08:39
sixth amendment rights you know the rule
00:08:41
you have the right to remain silent yada
00:08:43
yada yada there is an exception however
00:08:45
known as the public safety exception if
00:08:47
police ask a suspect a question to
00:08:49
neutralize a dangerous situation a
00:08:51
statement made by a suspect can be used
00:08:54
as evidence even if she hasn't been
00:08:56
given her Miranda warning and finally we
00:08:58
have to step outside the the Bill of
00:08:59
Rights for a last civil liberty the
00:09:01
right of privacy which is unique because
00:09:03
it isn't enumerated in the Bill of
00:09:05
Rights there are two arguments for how
00:09:06
it's possible to establish rights that
00:09:08
aren't specifically named one way is to
00:09:10
claim that some rights are implied by
00:09:12
other amendments that assume that such
00:09:14
rights exist for privacy this means you
00:09:16
could use the Fourth Amendment for
00:09:18
example to say that it implies an
00:09:20
expectation of privacy the other way is
00:09:22
to use the Ninth Amendment which says
00:09:24
that there are unenumerated rights that
00:09:26
aren't listed in the first eight
00:09:28
amendments when it comes to privacy the
00:09:30
court had to decide whether a right to
00:09:31
privacy is part of our substantive due
00:09:34
process rights this refers to rights of
00:09:36
individuals that governments can't
00:09:38
intrude on like speech and assembly in a
00:09:40
1965 case grisal versus Connecticut the
00:09:42
court both established and Incorporated
00:09:45
a right to privacy as a submissive due
00:09:47
process right then in Rovers we in 1973
00:09:50
the court determined that the right to
00:09:51
privacy also protected the right of a
00:09:53
woman to terminate her pregnancy thereby
00:09:55
establishing a substantive due process
00:09:57
right to obtain an abortion and 2022 a
00:10:00
more conservative Supreme Court over
00:10:01
turnedo in a case called dos versus
00:10:03
Jackson Women's Health Organization
00:10:06
holding that the constitution does not
00:10:07
confer a right to abortion as a result
00:10:10
of this decision state legislatur may
00:10:12
once again regulate restrict and even
00:10:14
ban abortion none of these cases are
00:10:16
required cases but you do need to know
00:10:18
all three of them by name and how they
00:10:20
affected privacy rights all right so we
00:10:23
did civil liberties now it's time to
00:10:24
turn our attention to civil rights Civil
00:10:26
Rights refer to protection of groups of
00:10:28
people from discrimination this is
00:10:30
different from civil liberties which are
00:10:31
protections of individual freedoms and
00:10:33
limit Federal power civil rights empower
00:10:36
the federal government because it takes
00:10:37
on the role of Defending groups from
00:10:39
discrimination much of civil rights
00:10:41
legislation is based on the 14th
00:10:42
Amendment specifically the equal
00:10:44
protection clause which says that states
00:10:46
cannot deny to any person the equal
00:10:48
protection of the law in fact the equal
00:10:50
protection Clause has inspired many
00:10:52
social movements broad-based citizen-led
00:10:55
movements attempting to change social
00:10:57
policy social movements like the civil
00:10:59
Rights Movement women's rights movement
00:11:01
lgbtq rights even pro-life movements are
00:11:04
all examples and often call for the
00:11:05
Fulfillment of the equal protection
00:11:07
clause which Outlaws discrimination by
00:11:09
state and local governments in fact
00:11:12
that's one of the ways we can view
00:11:13
letter from Birmingham Jail the last of
00:11:15
our required documents we view the
00:11:17
letter as MLK demanding the Fulfillment
00:11:19
of the lofty ideals contained in the
00:11:21
Declaration and Constitution for all
00:11:23
Americans including black Americans and
00:11:25
again we come back to the 14th Amendment
00:11:27
as inspiration for the civil rights
00:11:30
movement in 1964 we begin to see the
00:11:32
legislative success of the Civil Rights
00:11:34
Movement with the passage of the Civil
00:11:36
Rights Act of 1964 a landmark piece of
00:11:38
legislation that ban discrimination
00:11:40
based on race color sex religion or
00:11:43
national origin in public accommodations
00:11:45
or employment basically businesses can't
00:11:47
discriminate against a person based on
00:11:49
any of those characteristics when it
00:11:51
comes to your hiring and firing
00:11:52
practices or when serving the public
00:11:54
Congress was able to pass this
00:11:56
legislation through their Commerce
00:11:57
Clause Powers recall that there's a
00:11:59
broad interpretation of Interstate
00:12:00
Commerce and Congress used that to ban
00:12:03
businesses that affect interstate
00:12:05
commerce which is all businesses from
00:12:07
discriminating next Congress passed the
00:12:09
Voting Rights Act of 1965 a law that
00:12:11
banned literacy tests and other
00:12:13
obstacles to vote the Voting Rights Act
00:12:14
and 24th Amendment combined to result in
00:12:16
a dramatic increase in black voter
00:12:19
turnout especially in southern states
00:12:21
the Equal Pay Act of 1963 required
00:12:23
employers to provide equal pay for equal
00:12:25
work and banned wage discrimination on
00:12:28
the basis of sex race religion or
00:12:30
national origin and in 1972 Congress
00:12:32
passed title line of the educational
00:12:34
amendments which prohibited
00:12:36
discrimination on the basis of sex in
00:12:38
federally funded education programs but
00:12:41
it's important to point out that
00:12:41
legislation and court rulings haven't
00:12:43
always increased minority rights in fact
00:12:45
there is a long history of just the
00:12:47
opposite thing happening one of the most
00:12:49
infamous rulings in Supreme Court
00:12:51
history was Pie versus Ferguson it's not
00:12:53
a required case for you but this is the
00:12:56
case that upheld segregation laws based
00:12:58
on the separate School principal and
00:13:00
this case threw the door wide open to
00:13:01
allowing Jim Crow laws over the next
00:13:03
couple of generations these were state
00:13:05
laws that legalized racial
00:13:06
discrimination and segregation they
00:13:09
clearly defied the equal protection
00:13:10
Clause but the Supreme Court repeatedly
00:13:12
looked the other way fast forward in
00:13:14
1954 in the landmark Supreme Court case
00:13:16
Brown versus Board of Education and this
00:13:18
is a required case black students in
00:13:21
several states were denied admitt to
00:13:22
certain Public Schools based on their
00:13:24
race a unanimous Supreme Court held that
00:13:27
racially segregated Public Schools
00:13:29
violate the 14th Amendment and required
00:13:32
the desegregation of public schools and
00:13:34
finally we have the Contemporary debate
00:13:36
over the right way to interpret the
00:13:38
equal protection Clause is the
00:13:39
Constitution colorblind or is it race
00:13:41
conscious the colorblind interpretation
00:13:44
is that the equal protection Clause bans
00:13:46
any policy that makes racial
00:13:48
distinctions even if the policy intended
00:13:50
to increase minority opportunities this
00:13:52
view argues against affirmative action
00:13:54
policies that give preferential hiring
00:13:56
and admissions policies for minorities
00:13:59
stating that such preferential treatment
00:14:01
violates the equal protection clause on
00:14:03
the other hand the race conscious
00:14:05
interpretation is that the equal
00:14:06
protection Clause only bans policies
00:14:08
intended to harm not help minorities so
00:14:11
according to this view something like
00:14:13
affirmative action would be permissible
00:14:15
because the purpose is to increase
00:14:17
opportunities for groups that have been
00:14:19
historically disadvantaged in Shaw
00:14:21
versus Reno from unit 2 a majority of
00:14:23
the justices endorsed a colorblind
00:14:25
interpretation striking down a
00:14:27
congressional map that was drawn with
00:14:28
the district specifically designed to
00:14:30
increase minority voter representation
00:14:33
similarly in a pair of 2023 cases a
00:14:35
majority of justices did the same thing
00:14:37
regarding affirmative action policies
00:14:39
all right everybody that's it for this
00:14:40
one make sure to finish the study guide
00:14:42
and answer the multiple choice questions
00:14:43
to test yourself I'll see you in unit
00:14:44
four until next time this has been a l
00:14:48
money production
