9780131174351

Designed to engage readers in an exploration of U.S. Supreme Court Justices' interpretations of the Constitution, this book provokes thought about freedom of expression and religion, and equal protection and privacy, examining issues of broad public interest.Topical and up-to-date, Civil Rights and Liberties: Provocative Questions and Evolving Answersexplores current issues through a question-and-answer format, and covers such hot topics as: judicial defense of civil liberties and civil rights, the First Amendment and freedom of expression, freedom of religion, equality, privacy and reproductive freedom, and other contemporary issues.An exciting reader for anyone interested in the influence that U.S. Supreme Court decisions have on current issues, this book is an excellent resource for anyone involved in the legal profession.

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Preface

ix

Acknowledgments to the Second Edition

x

Introduction: Judicial Defense of Civil Liberties and Civil Rights

1

(20)

What Courts Do

4

(3)

How Do We Know What the Constitution Means?

7

(2)

The Fourteenth Amendment and the ``Incorporation'' of the Bill of Rights

9

(6)

A Hierarchy of Rights and Liberties

15

(1)

The Checkered History of Judicial Defense of Rights and Liberties

16

(2)

Legislative Protections for Rights and Liberties

18

(1)

Continuing Controversy: Why So Many Questions?

19

(1)

References

20

(1)

The First Amendment and Freedom of Expression

21

(44)

Introduction

21

(42)

What is ``freedom of speech''?

23

(4)

How has the Court justified limits on the expression of ideas?

27

(5)

Shouldn't we ban dangerous ideas?

32

(2)

May the government punish those who engage in ``hate speech''?

34

(5)

Why must society tolerate obscenity?

39

(4)

Why does the government permit sexually explicit material to invade our homes over the Internet?

43

(6)

Why not require that people in public debate tell the truth?

49

(5)

How is burning the American flag a form of free speech?

54

(3)

If flag burning is protected by the first Amendment, why is cross burning sometimes not protected?

57

(3)

Why should a democratic society tolerate the expression of views that are offensive to the majority?

60

(3)

References

63

(2)

Freedom of Religion

65

(32)

Introduction

65

(31)

Why can't government help advance the religious values that the majority of Americans share?

67

(5)

Are there limits on a person's right to practice his or her religion?

72

(5)

Doesn't banning ``voluntary prayer'' in public schools interfere with children's freedom of religion?

77

(4)

If secular groups are allowed access to the schools, shouldn't religious groups have the same rights?

81

(4)

Doesn't teaching evolution in the schools amount to the establishment of secular religion?

85

(3)

Isn't government funding for social services provided by religious organizations endangering the constitutional separation of church and state?

88

(8)

References

96

(1)

Equality Under the Constitution

97

(37)

Introduction

97

(35)

How does the Constitution make us equal?

99

(5)

If the Constitution commands ``equal protection of the laws,'' why was racial segregation permitted for so long?

104

(3)

Why did the courts order ``forced busing''?

107

(4)

Isn't ``affirmative action'' just another form of racial or sexual discrimination?

111

(6)

May government ``discriminate'' on the basis of race in order to advance the cause of racial diversity?

117

(6)

Do we still need a new Equal Rights Amendment (ERA) to secure gender equality?

123

(5)

How do you know if you are a victim of unconstitutional discrimination?

128

(4)

References

132

(2)

Privacy and Individual Autonomy

134

(22)

How much privacy do we have a right to expect?

135

(3)

How did the ``right to privacy'' lead to a woman's right to have an abortion?

138

(2)

Does a fetus's ``right to life'' ever count more than a woman's right to privacy?

140

(4)

May the state regulate private sexual relationships between consenting adults?

144

(6)

Why doesn't the ``right to privacy'' include the right to decide to end our lives?

150

(4)

References

154

(2)

Contemporary Issue of Equality and Freedom

156

(19)

Introduction

156

(17)

What use are rights and liberties if you lack the resources to take advantage of them?

158

(2)

What use is freedom of speech if no one can hear you?

160

(4)

Is it possible for the wealthy few to dominate public debate and stifle the ``free marketplace of ideas''?

164

(3)

Does the Constitution protect us from private institutions which interfere with our liberties and rights?

167

(6)

References

173

(2)

Conclusion: What Is the Future of Civil Rights and Civil Liberties in America?

175

(4)

References

178

(1)

Appendix The Constitution of the United States

179

(22)

Index

201

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Since the first edition of this book appeared in the Fall of 2000, there have been significant developments in constitutional law concerning civil rights and liberties. In this second edition I continue to hope to stimulate readers into thinking critically about both new and continuing issues in the civil rights/civil liberties field.In order to stimulate such thinking; each section of this book is introduced with a question. The questions are followed by responses which present the variety of "answers" justices of the United States Supreme Court have given to such questions in actual cases which have come before the Court. The questions are phrased simply and directly, and each answer is an essay designed to make constitutional interpretation accessible to readers even if they have no background in constitutional law: I expect that when such readers see many of the questions, they will think to themselves: "I've always wondered about that." When they read the "answers," they will be exposed to various constitutional tests and doctrines. I hope as well that when they read the questions and the variety of answers to them, they will be stimulated to explore in greater detail the U.S. Supreme Court decisions from which these answers were derived.The subtitle of this book refers to "provocative questions/evolving answers." The answers provided by the United States Supreme Court justices have in fact been constantly evolving as the justices have sought to apply the principles of the Constitution to changing circumstances and new questions, some of which could not have been anticipated by the authors of the Constitution. Indeed some of the answers concerning questions relating to cross burning and racial intimidation, diversity and affirmative action, sexual privacy, pornography over the Internet, and government support for religious institutions, to name a few, have "evolved" significantly since the publication of the first edition of this book. This second edition, then, preserves what is still relevant from the first edition while incorporating more recent developments in constitutional law.Having discussed both traditional and new issues throughout, in the end I hope to provoke readers into thinking about some questions that may become increasingly important in the future. These are issues with which the U.S. Supreme Court has only begun to grapple. I hope my discussion of them will stimulate readers to help evolve some new solutions on their own.

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Civil Rights and Liberties: Provocative Questions and Evolving Answers

Civil Rights and Liberties: Provocative Questions and Evolving Answers

0131174355

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