Commercial Speech 5. Public School Children Civil Rights are Protections by the Government: • Equal Protection Clause of the Fourteenth Amendment: “No State shall make or enforce any law which shall deny to any person within its jurisdiction the equal protection of the laws.” • The Court declared the Civil Rights Act of 1875 unconstitutional on the grounds that the act sought to protect blacks against discrimination by private businesses, while the 14th Amendment was interpreted as protecting individuals only from discrimination that arose from actions by public officials of state and local governments • Plessy v Ferguson (1896) - the Court upheld a Louisiana statute that required segregation of the races on trolleys and other public carriers • Racial discrimination began to subside after World War II • NAACP - formed in 1909 to fight discrimination against African Americans • Brown v Board of Education - this decision altered the constitutional framework in two fundamental ways: A. the states no longer had the power to use race as a criterion of discrimination in law B. the national government from then on was given the power to intervene with strict regulatory policies against the discriminatory actions of state or local governments, school boards, employers, and many others in the private sector • Ten years after Brown, fewer than 1% of black school-aged children in the Deep South were attending schools with whites
of 6 7 Civil Rights Movement and Successes/Court Cases • in the 1974 Lau v Nichols , the Court ruled on the behalf of Chinese students in San Francisco that school districts have to provide education for students whose English is limited - this decision extends to Native Americans • 1967 Age Discrimination in Employment Act makes age discrimination illegal when practiced with at least 20 employees • Gross v FBL Financial Services of 2009 - ruled that a 54 year old employee who had challenged his demotion on the grounds of age discrimination would have to show that this action was a direct result of discrimination; this was a major change, as the burden of proof was no longer in the hands of the employer • The concept of rights for the disabled began to emerge in the 1970s • 1973 Rehabilitation Act - outlawed discrimination against individuals on the basis of disabilities • Disability Rights Education and Defense Fund • 1990 Americans with Disabilities Act (ADA) - guaranteed equal employment rights and access to public businesses for the disabled an bars discrimination in housing and health care • In 1998, the Supreme Court interpreted the ADA to apply to not only people with AIDS but also those with HIV Progress of LGBT movement • Until 1996, there was no precedent to explicitly protect gays and lesbians from discrimination • Bowers v Hardwick (1986): the first gay rights case by the Supreme Court; ruled against a right to privacy that would protect consensual homosexual activity • Romer v Evans
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- Spring '09
- Government, Fourteenth Amendment to the United States Constitution