Kara E. Stooksbury - Encyclopedia of American Civil Rights and Liberties

Copyright 2017 by ABC-CLIO, LLC

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher.

Every reasonable effort has been made to trace the owners of copyrighted materials in this book, but in some instances this has proven impossible. The editors and publisher will be glad to receive information leading to more complete acknowledgments in subsequent printings of the book and in the meantime extend their apologies for any omissions.

Library of Congress Cataloging-in-Publication Data

Names: Stooksbury, Kara Elizabeth, 1969 editor. | Scheb, John M., II, 1955 editor. | Stephens, Otis H., Jr., 1936 editor.

Title: Encyclopedia of American civil rights and liberties / Kara E. Stooksbury, John M. Scheb II, and Otis H. Stephens, Jr., editors.

Description: Revised and expanded edition. | Santa Barbara, California: ABC-CLIO, 2017. | Includes bibliographical references and index.

Identifiers: LCCN 2017003344 (print) | LCCN 2017027542 (ebook) | ISBN 9781440841095 (set : alk. paper) | ISBN 9781440841101 (ebook) | ISBN 9781440848247 (volume 1 : alk. paper) | ISBN 9781440848254 (volume 2 : alk. paper) | ISBN 9781440848261 (volume 3 : alk. paper) | ISBN 9781440848278 (volume 4 : alk. paper)

Subjects: LCSH: Civil rightsUnited StatesCases. | Civil rightsUnited StatesEncyclopedias.

Classification: LCC KF4748 (ebook) | LCC KF4748 .E53 2017 (print) | DDC 342.7308/503dc23

LC record available at https://lccn.loc.gov/2017003344

ISBN:978-1-4408-4109-5 (set)

978-1-4408-4824-7 (vol. 1)

978-1-4408-4825-4 (vol. 2)

978-1-4408-4826-1 (vol. 3)

978-1-4408-4827-8 (vol. 4)

978-1-4408-4110-1 (ebook)

212019181712345

This book is also available as an eBook.

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This book is printed on acid-free paper

Manufactured in the United States of America

To Kylie Flynt Stooksbury and William Pierce Stooksbury with love

Contents

Volume 1

Volume 2

Volume 3

Volume 4

The Encyclopedia of American Civil Rights and Liberties, Revised and Expanded Edition, is designed as a reference tool for students, teachers, scholars, and citizens interested in the broad subject of civil rights and liberties. Covering topics that range from abortion to zoning, the encyclopedia provides current, comprehensive, and sophisticated coverage of both civil rights and liberties in the United States. No other volume currently available covers both topics in such a detailed yet readable manner.

The term civil rights refers to the issues that arise from the democratic commitment to equality. In the United States, civil rights protections stem both from constitutional guarantees of equal protection of the laws and antidiscrimination legislation enacted by Congress, state legislatures, and local governments. Civil liberties, on the other hand, denotes the numerous disputes pitting claims of individual freedom against assertions of governmental power. In large part, these claims are based on provisions of the United States Constitution and the state constitutions. Most noteworthy among these provisions are the Bill of Rights of the United States Constitution and similar enumerations of rights found in state constitutions. This encyclopedia encompasses both the civil rights and civil liberties dimensions. Although these are distinctive fields of law and policy, they are closely interrelated and equally important in reflecting the core values of a democratic society.

Much has changed since the first edition of this compendium was published just over a decade ago. Those changes are reflected in over 75 new entries covering recent developments in civil rights and liberties, including major changes in the areas of voting rights, gay rights, and in government surveillance stemming from the continuing threat of terrorism. These entries both supplement and expand the core of the previous work. Moreover, entries from the previous edition were updated to reflect the impact of new court rulings, legislation, and societal shifts.

The encyclopedias 688 alphabetically arranged entries include articles on major historical developments and social movements, such as the feminist and civil rights movements, and important legislation, such as the USA PATRIOT Act of 2001; the Espionage Act of 1917; and the seven Civil Rights Acts, ranging from the first such statute passed in 1866 to the last enacted in 1988. Other entries cover landmark U.S. Supreme Court decisions, such as Plessy v. Ferguson (1896), Wisconsin v. Yoder (1972), and Hustler Magazine v. Falwell (1988); influential individuals, such as Rosa Parks and Harvey Milk; groundbreaking justices of the U.S. Supreme Court, such as Oliver Wendell Holmes and Louis D. Brandeis; key constitutional provisions, such as the Cruel and Unusual Punishments Clause and the Establishment Clause; relevant groups and organizations, such as the National Right to Life Committee and the Nation of Islam; important government departments and agencies, such as the Department of Homeland Security (DHS) and the National Security Agency (NSA); controversial issues, such as school prayer, smoking bans, and flag burning; and crucial legal and philosophical concepts and doctrines, such as judicial immunity and the fruit of the poisonous tree doctrine.

In addition, the encyclopedia contains the text of a set of original documents that have figured prominently in the development of civil rights and liberties in the Anglo-American legal and political traditions. These documents include the Mayflower Compact, Abraham Lincolns first inaugural address, Martin Luther Kings Letter from Birmingham Jail, the English Petition of Right of 1628, and the Universal Declaration of Human Rights of 1948.

As in the previous edition contributors to the encyclopedia include scholars from diverse fields of study, including law, history, philosophy, political science, sociology, and related disciplines in the social sciences and humanities as well as judges and practitioners of the law. Although the entries reflect the diversity of our contributors, as editors, we have endeavored to make each article accessible to an educated lay audience by minimizing legal and academic jargon. And because issues of rights and liberties are matters over which reasonable and conscientious people can and will disagree, we have insisted that contributors avoid polemics and provide fair and balanced coverage of their respective topics.

Each entry concludes with a further reading list of books, articles, and websites that were used in the preparation of the entry or where additional useful information can be found. Each entry also contains a see also line that lists cross-references to related entries elsewhere in the encyclopedia. To assist readers in navigating through the entries, we have included a guide to related topics, which breaks the entries down into broad categories that will allow readers to quickly and easily trace all relevant entries related to Supreme Court justices, civil rights, or religious issues. Finally, the encyclopedia contains a general bibliography that includes numerous works that have contributed significantly to scholarship in the civil rights and liberties fields and a comprehensive table of cases that lists all the judicial decisions cited throughout the encyclopedia.