1	Civil Rights The Struggle For Political Equality
2	Martin Luther King to Louis Farrakhan 1963 - March on Washington - 500,000 hear speeches by civil rights leaders Mostly African-American Most thought integrated society was near Mood reflected by King’s “I have a dream” speech
3	Million Man March (1995) 30 years later, 600,000 black men at U.S. Capitol Building with Louis Farrakhan (Nation of Islam) Farrakhan claimed his Million Man March was to encourage self-reliance among black men
4	Civil Rights Changed from mid 1960s to mid 1990s 1995 - Million Man March reflected civil rights Uncertainty V. Optimism of mid-1960s. Million Man March - harsh separatist temper / reflected racial polarization
5	Civil Rights Civil rights – equal treatment of all citizens / marathon Equality of opportunity - able to participate Equality of condition – eliminate barriers Equality of results – affirmative action / preferential treatment Carry to finish line)
6	Civil Rights Before 1900 Initial absence of civil rights “Equality” not in the constitution Late 1700s and early 1800s – people more interested in protecting states from federal government than in protecting individuals with federal government
7	Inequality of Blacks and Women Before Civil War In the south - blacks in slavery - no rights Outside the south - blacks treated as inferiors (1857 - Dred Scott V. Sandford - Dr Emerson) Women could not vote, few allowed on juries / some could not own property / enter into contracts.
8	Civil War Amendments 13th, 14th, 15^th – Civil War Amendments guaranteed essential rights to ex-slaves. Civil war amendments ineffective to some Supreme court more interested in property rights than human rights
9	Slaughterhouse Cases (1873) Courts did little to protect individual rights Citizens not protected from state governments Equal protection lost most of its meaning
10	15^th Amendment Voting guarantees of the 15^th ineffective - Blacks / Poor prevented from voting in the South Poll tax Literacy tests White primaries
11	Women and the 15^th Amendment Women worked for the vote / change the 15^th.Amendment Supreme court ruled that women’s suffrage not covered by 14^th amendment Women’s suffrage continued to grow 1920 - women got the vote with the 19^th^.
12	Status of Civil Rights Civil rights for minorities: Two issues have dominated Civil Rights since the mid-1960s: Ending legal (de-jure) discrimination separation, and exclusion Affirmative actions - to rectify past wrongs
13	1960s - Bill of Rights Supreme Court Restricts the states Boston: Fire-fighters Santa Clara, Ca Dispatch job (Diane Joyce / Paul Johnson) University of Ca Med. School (1977) Allan Bakke
14	Separate but Equal 1896 – Plessy V. Ferguson – La. Law required blacks to ride in separate rail car De-jure Segregation – by law De-Facto Segregation – self-segregation Rich neighborhoods have better schools, roads, lighting, law enforcement
15	End of Separate but Equal Internment of Japanese - Americans allowed no due process (Korematsu v. U.S.1944) Separate but equal overturned Brown v. Board of Education of Topeka (1954)
16	More Separate but Equal Massive resistance to civil rights in the South President and Congress backed up the Courts: Civil Rights Act of 1964 Voting Rights Act of 1965
17	Gender Legislation 1800s – Husband and Wife = one 1920 – 19^th Amendment Women can vote 1963 – Equal Pay for Equal Work 1964 – No Sexual / Race bias in hiring 1972 – No Sexual Discrimination in Education 1986 – No Mandatory Retirement at 70 (airlines at 60?)
18	Today’s Standards Doctrine on discrimination Use of race in law or regulation will trigger Strict Scrutiny from the courts Government can defend discrimination if there is a compelling government interest
19	Affirmative Action Government actions favor racial minorities with preferred treatment to redress past injustices Programs that narrowly redress specific violations are ok / programs that address societal racism are not
20	Civil Rights for Women Warren(1953-1969) little for women’s rights Burger (1969-1986) strict scrutiny to sex discrimination cases Strict scrutiny endangers traditional sex roles Ordinary scrutiny would allow some sex discrimination
21	Abortion Rights Roe v. Wade (1973) - abortion a constitutional issue about mothers rights Discussion of abortion increased during the 1960s Court prohibited states from interfering with abortions in the first two tri- mesters (can outlaw in 3^rd) Justice Blackmun’s opinion based on right to privacy (through 4^th, 9^th, and 14^th)
22	Pro-life groups mobilized after Roe Anti-abortion politics with two cases: Webster v. Reproductive Health Services (1989) Planned Parenthood v. Casey (1992) Court allowed states to restrict abortions, but affirmed principles of Roe Abortion a dominant issue in confirmations of judges / justices
23	Sexual Harassment 1980 - Equal Employment Opportunity Commission (EEOC) – if gender a condition of employment or promotion violates 1964 Civil Rights Act Supreme Court / sexual harassment. Workers only had to prove that the work environment was hostile or abusive
24	Broadening Civil Rights Elderly and Disabled: Federal / State laws bar some mandatory retirement / Courts strike down some hiring practices based on age without compelling reasons Disabled Americans won passage of Americans with Disabilities Act of 1990
25	More Broadening Civil Rights 1989 – Free Expression - Gregory Lee Johnson / Republican National Convention (desecration of national symbol) Arm Bands, Burning Bras, Draft Cards, Clothing
26	More Broadening Civil Rights “Actionable Words” – case by case 1964 - NY Times v. Sullivan (public figure) Sullivan (Montgomery, Ala. city commissioner, sued over full page ad claiming mistreatment of blacks. (most of ad was false) – Lost in Supreme Court “Beyond Reasonable Doubt Standard”
27	More Broadening Civil Rights 1919 – Oliver W. Holmes Clear and Present Danger Test Imminent Violence / Threat Can’t Yell Fire in Crowded Theatre / Can’t Offer to Hire Hit Man Your Rights v. Someone Else’s Liberty?
28	More Broadening Civil Rights Public’s need / right to know v. right to fair trial? Reporters w/Constitutional immunity about sources? Even if info necessary to fair trial? Change of venue? Small town press?
29	Gays and lesbians Rights for gays and lesbians (political power) The struggle for gay and lesbian rights remains on the American political agenda
30	Civil Rights and Democracy Equality today is equal to popular sovereignty and political liberty in 1800’s Equality not a high priority until 1960s American life still unequal / unrepresentative Formal political equality is real