goldburg recalls the impact of the gideon letter. >> mr. stice, what happened when the court received the gideon letter? >> when a letter is written to us from a prisoner in a penitentiary, state or federal, and he claims, as mr. gideon did, a violation of a fundamental constitutional right, we regard that letter to be an appeal. it may not be called an appeal by the prisoner. but we deem it to be an appeal. that letter is circulated as gideon's letter was circulated to all of the justices. we do not do anything in our court by divisions. everything that is done is by the whole court. mr. gideon's letter raised a fundamental problem. a fundamental problem that the court had been dealing with for many years. not to its entire satisfaction. and that is, is a man in an american court, accused of any crime, capital or otherwise, entitled to the protection afforded by the sixth amendment to the constitution, which says that he shall have the right of counsel? the 14th amendment, which applies to the states, mean that the sixth amendment's protect

mr. gideon, his attorney, and sprome court justices. then a debate on the supreme court case masterpiece cake shop versus colorado civil rights commission. involving a same sex couple that sued a colorado bakery for refusing to create their wedding cake. >> landmark cases. produced in partnership with the national constitution center. exploring the human stories and constitutional dramas behind 12 historic supreme court decisions. >> mr. chief justice, may it please the court. >> quite often in many of our most famous decisions, are ones that the court took the fight unpopular. >> let's go through a few cases that illustrate very dramatically and visually what it means to live in a society of different people who help stick together because they believe in a rule of law. >> good evening and welcome to landmark casings. tonight's case is gideon versus wainwright. 55 years ago the supreme court ruled that the right to counsel was so fundamental to our governmental system that states must provide lawyers for defendants who cannot afford on

mr. gideon. ey reenact it had case in 1965. >> the next case on the docket is the case of the state of florida versus clarence earl gideon. what says the state? are you ready for trial? >> the state is ready, your honor. >> what says the defendant, are you ready for trial? >> i'm not ready, your honor. >> did you plead not to this charge by reason of insanity? >> no, sir. >> well, why aren't you ready? >> i have no counsel. >> why do you not have counsel? do you know that your case was set for trial today? >> yes, sir, i knowed that my case was set for trial today. >> why, then, did you not secure counsel and be prepared to go to trial? >> your honor, i request this court to appoint counsel to represent me in this trial. >> well, mr. gideon, i'm sorry, but i cannot appoint counsel to represent you in this case. under the laws of the state after florida, the only time the court can appoint counsel to represent a defendant is when that person is charged with a capital offense. i'm sorry, but i will

mr. gideon and the florida judge who sentenced to jail. they reacted the case for cbs in 1965. >> the next case on the docket is the state of florida vs. clarence gideon. are you ready for trial? >> i am not ready. >> did you plead guilty to this charge by reason of insanity? >> no sir. >> why are you ready? >> i have no counsel. >> did you know that your case was set for trial today? >> yes sir, i knew. >> why then, did you not secure counsel? >> your honor, i request the court to appoint counsel to represent me in this trial. >> mr. gideon, i cannot appoint counsel to represent new this case. under the laws of the state of florida, the only time the state can give counsel is when that person is charged with a capital offense. i'll have to deny your request to appoint counsel to defend new this case. >> the united states supreme court says i am entitled to be epresented by counsel. >> let me introduce you to two guests at our table tonight. paul clement, former u.s. solicitor general under president george w. bush 2004 to twafmente he's no

mr. gideon: my mind was already made up to what i was going to do. i knew i was going to have to fight the case in the united states supreme court at that ime. i definitely made it an issue right there and then in this court. i asked the judge to appoint me counsel. >> gideon was sentenced to the florida state prison at rayford. as something of an expert, gideon found the florida prison system among the best in the south. he improved his ability as an electrician in the electric shop. and was given special privileges . the assistant superintendent remembers gideon well. >> gideon was quiet, well behaved. looked upon by other prisoners as one of the better attorneys. >> is that what they'd call a guard house lawyer or a jail house lawyer? >> that is correct, sir. >> any prisoner in any jail in any state of the union has the right to petition any proper court to set him free.

mr. gideon had that notion because of the six amendment. he also turned to the 14th amendment which says,state should make or enforce any law theh shall abridge amenities of the citizens of the united states. nor should any state private any student -- resident of life, freedom third -- freedom. a question that the supreme court would eventually decide but i think esther gideon was quite right to focus on the due process clause. had is thatthat he the sixth amendment applies only .o the federal government rights why he was quite to point to the due process clause as ultimately being the basis for white florida -- why florida had to give up a lawyer. >> on facebook i followed criticism who says that c-span is picking a liberal case tonight aired his or something about this case that both liberals and conservatives can find to like? >> i do not think of gideon to be a less right case. as he say, there are things for everybody about this case. i think, particularly for a conservative, the idea that when the awesomeacing power of the government

mr. gideon, his attorney, and sprome court justices. then a debate on the supreme court case masterpiece cake shop versus colorado civil rights commission. involving a same sex couple that sued a colorado bakery for refusing to create their wedding cake. >> landmark cases. produced in partnership with the national constitution nt

mr. gideon, we can't hire a lawyer in this state, the state doesn't permit it. >> he lost the trial and was years in prison. he believe ed under the sixth amendment, he had the right to counsel, right to be provided an attorney even if he could not afford one. from jail he wrote a letter appealing to the supreme court. >> he appealed to the supreme court his principle argument was i have been denied my constitutional rights because i didn't have a lawyer to represent me. >> initially the sixth amendment right to counsel was not a right to a public defender. right to hire your own lawyer and that lawyer would be allowed to represent you in court. >> series of cases in the 193s decided in all federal criminal cases courts had to provide a lur lawyer to the accused if they could not afford one. >> in the state courts, there was no such requirement. >> 1942, a case decided that accused criminals did not have the right to a state appointed lawyer unless special circumstances applied. meaning if the supreme court found the defendant disabled, mentally ill, or illiterate. no man, certainly no plai

mr. gideon, we can't appoint a lawyer for you in this state. lost the trial and was sentenced to five years in wason but to gideon, this unjust. he believed that under the sixth amendment he had the right to right to be provided an attorney even if he could not afford one so from letter appealing to the supreme court. >> he appealed to the supreme his principal argument my, i have been denied constitutional rights because i didn't have a lawyer to represent me. amendmently the sixth right to counsel was not a right to a public defender. it was a right to go out and and beur own lawyer assured that lawyer would be allowed to represent you in court. courteries of supreme cases in the 1930's decided that in all federal criminal cases, lawyerhad to provide a to the accused if they could not afford one. >> but in the state courts, was no such requirement. >> in 1942, a case known as bettes v brady decided accused criminals did not have a right lawyerurt appointed unless the supreme court culture found for special circumstances. no man can conduct a t

mr. gideon, we can't appoint a lawyer for you in this state. the state doesn't permit it. >> he lost the trial and was sentenced to five years in prison. to gideon this was unjust. he believed that under the sixth amendment, he have the right to counsel, the right to be provided an attorney even if he could not afford one, so from jail he wrote a letter appealing to the supreme court. >> he appealed to the supreme court. his principal argument was i have been denied my constitutional rights because i didn't have a lawyer to represent me. >> initially, the sixth amendment right to counsel was not a right to a public defender. it was a right to go out and hire your own lawyer and be assured that that lawyer would be allowed to represent you in court. >> a series of supreme court cases in the 1930s decided that in all federal criminal cases, courts had to provide a lawyer to the accused if they could not afford one. >> but in the state courts, there was no such requirement. >> in 1942, a case known as betts v brady decided accused criminals did not

mr. gideon. we can't appoint a lawyer for you in this state. e state doesn't permit it. >> he lost the trial and scientistanced to five years in prison, but to gideon, this was unjust. he believedeneder the sixth amendment he had the right to counsel. the right to be provided an attorney even if he could not afford one. so from jail he wrote a letter appealing to the supreme court. >> he appealed to the supreme court his principle argument was, i have been denied my constitutional rights because i didn't have a lawyer to represent me. >> initially the sixth amendment right to counsel was not a right to a public defender. it was a right to go out and hire your own lawyer and be assured that that lawyer would be allowed to represent you in court. >> a series of supreme court cases in the 1930s decided that in all federal criminal cases, courts had to provide a lawyer to the accused if they could not afford one. >> but in the state courts, there was no such requirement. >> in 1942, a case known at betsy v. brady decided accused criminals did though