Topic 7: Civil Liberties and Civil Rights

In a political system in which the primary purpose of government is the protection of individual rights, students need to understand what these rights are and the relationship of these rights to each other and to other values and interests of society. Few rights, if any, are absolute. It is necessary for students to develop a framework that clarifies the relationship of individual rights and the needs of society. Such a framework provides a basis for making reasoned decisions on the scope and limits of individual rights.

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Benchmarks & Indicators:

NOTE: Red Bolded content in the indicators is considered essential and must be taught in all classrooms. Content which is not bolded goes beyond the scope and sequence of the state standards.

Benchmark 7.1: Students will define civil liberties and civil rights.

7.1 Indicators:

Students reach this benchmark when they are able to:

1. Identify civil liberties, as personal guaranteed in the Bill of Rights, e.g., freedom of speech, freedom of religion, rights of the accused, etc.
2. Identify civil rights as the right of every citizen to be treated equally under the law and to have equal opportunity.
3. Identify civil liberties and rights that apply to noncitizens.

Benchmark 7.2: Students will analyze the Bill of Rights and other constitutional protections of civil liberties.

7.2 Indicators:

Students reach this benchmark when they are able to:

1. Evaluate the extent and limitations of First Amendment freedoms of religion, speech, press, assembly and petition through Supreme Court cases such as Engel v. Vitale (1962), Lemon v. Kurtzman (1971), Lee v. Weisman (1992), Schenck v. U.S. (1919), Tinker v. Des Moines (1969), Texas v. Johnson (1989), NY Times v. U.S. (1971), etc.
   
2. Explain the importance of Fourteenth Amendment substantive due process rights that refer to the content and substance of a law through Supreme Court cases such as Roe v. Wade (1973), Loving v. Virginia (1967), Griswold v. Connecticut (1965), and Pierce v. Society of Sisters (1925).
   
3. Explain the importance of the Fourth, Fifth, and Sixth Amendment rights of individuals accused of crimes, e.g., illegal searches and seizures, right to counsel, right against self-incrimination, right to appeal, etc., through Supreme Court cases such as Miranda v. Arizona (1966), Gideon v. Wainwright (1963), and Furman v. Georgia (1972).
   

Benchmark 7.3: Students will explain the selective incorporation of the protections of the Bill of Rights through the due process clause of the Fourteenth Amendment.

7.3 Indicators:

Students reach this benchmark when they are able to:

Benchmark 7.4: Students will describe the expansion of civil rights and liberties.

7.4 Indicators:

Students reach this benchmark when they are able to:

1. Explain efforts to expand the right of equal protection, i.e., the right of every citizen to be treated equally under the law, through constitutional amendments and equal opportunity legislation such as the Fourteenth Amendment, the Civil Rights Act of 1964, the Voting Rights Act of 1965, etc.
2. Explain efforts to expand the right of equal protection through Supreme Court cases such as Brown v. Board of Education (1954), Heart of Atlanta Motel v. United States (1964), etc.
   

Benchmark 7.5: Students will evaluate, take, and defend in writing, discussion and debate a position on contemporary issues that relate to the protection of civil liberties and civil rights.

7.5 Indicators:

Students reach this benchmark when they are able to:

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