What Are Civil Liberties?

Civil rights march
Freedom of speech is a Civil Liberty.
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Sources

  1. https://www.archives.gov/founding-docs/bill-of-rights
    The National Archives provides authoritative information on the Bill of Rights, including its history and the text of the amendments, which directly supports the discussion of Civil Liberties in the blog post.
  2. https://www.aclu.org/know-your-rights
    The ACLU's 'Know Your Rights' section offers detailed explanations of various Civil Liberties and Civil Rights, aligning well with the post's focus on understanding these concepts.
  3. https://www.law.cornell.edu/wex/civil_liberties
    Cornell Law School's Legal Information Institute provides a clear definition and examples of Civil Liberties, which helps substantiate the distinctions made in the blog post.
  4. https://www.oyez.org/cases/1966/395
    Oyez offers detailed information on landmark Supreme Court cases like Loving v. Virginia (1967), which is referenced in the blog post regarding the right to marry regardless of race.
  5. https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
    The Supreme Court's official opinion on Obergefell v. Hodges (2015) supports the blog post's mention of the right to same-sex marriage.

Key Points

  • Civil Liberties are rights granted by the U.S. Constitution, primarily from the Bill of Rights, such as freedom of speech and religion.
  • The Bill of Rights was added as the first ten amendments to the Constitution after protests by figures like Thomas Jefferson and James Madison.
  • Civil Liberties apply to anyone on U.S. soil, not just citizens, including visitors and immigrants.
  • Key Civil Liberties include freedom of speech/religion, freedom from self-incrimination, the right to a public jury, and the right to privacy.
  • The right to privacy, though not explicitly in the Bill of Rights, has been established through Supreme Court rulings.
  • The right to marry, including interracial and same-sex marriage, has been affirmed by Supreme Court decisions.
  • Civil Liberties limit government power, while Civil Rights are protections enforced by the government, such as anti-discrimination laws.
  • The Civil Rights Movement of the 1950s and '60s highlighted the transition of Civil Liberties into Civil Rights, addressing systemic discrimination.
  • Understanding your rights is crucial to prevent government or police overreach and to seek legal recourse if rights are violated.

Summary

The blog post explains that civil liberties are constitutional rights granted to anyone on U.S. soil, such as freedom of speech, religion, and privacy, originating from the Bill of Rights. It highlights the distinction between civil liberties (protections limiting government power) and civil rights (protections enforced by the government, like anti-discrimination laws). The post emphasizes the importance of understanding these rights to safeguard against government overreach and ensure fair treatment.

With all of the talk about individual rights, it can be difficult to know what is a right given to you by the United States Constitution and what isn’t.

In short, Civil Liberties are rights granted to us through the constitution. These are rights people have just because they are on United States soil. Many of them come from the Bill of Rights, such as the right to free speech, freedom of religion, etc. Though many of these rights are well known, let’s delve a little deeper into the history and the differences between a Civil Liberty and a Civil Right.

Why Do We Have Civil Liberties?

Fun fact! The United States Constitution did not originally have a Bill of Rights. These rights were added as the first ten amendments to the constitution.

Thomas Jefferson
Thomas Jefferson argued that the people were entitled to a Bill of Rights.

It wasn’t until people like Thomas Jefferson and James Madison protested the ratification of our nation’s founding document and penned the Bill of Rights that the concept of Civil Liberties was born. Madison didn’t initially believe that a government would uphold individual rights just because they were on a piece of paper. However, he thought that having the people’s rights spelled out to them would make it easier to recognize when the government was abusing its power.

And it worked! 

Most citizens are now intimately aware of at least a few of their fundamental constitutional rights. It’s widely known that the government cannot stop a peaceful protest, prevent someone from practicing the religion of their choice, or allow the police to search private property without a warrant. Do government agencies always respect these rights? Unfortunately, no, but just by virtue of these rights being on paper, a citizen (along with various news outlets) can protest any denial of rights and even contest such a government action all the way to the Supreme Court.

Who Do They Apply To?

Interestingly enough, our Civil Liberties don’t just apply to United States citizens. They apply to anyone on US soil. It doesn’t matter if you’re a visitor, an immigrant (documented or not), or someone who has lived here your whole life. You’re granted the exact same rights regardless. If you’re arrested, you cannot be tried without a lawyer, you can speak your mind (even if the government doesn’t like what you’re saying), and you can practice whatever religion you choose. 

Some Examples of Civil Liberties

The most well-known Civil Liberties are ideas such as freedom of speech and religion, but there are many more that everyone should know about:

Freedom of speech/religion

The First Amendment of the constitution protects a broad range of actions, most of them dealing with an individual’s right to express themselves. These include the right to protest, practice religion, the freedom of the press, and the ability to petition the government.

Photo of woman
Freedom of speech is one of the most widely cited rights from the constitution.

There are, of course, restrictions to this right. If someone is inciting others to commit violence or spreading falsehoods about a person, the government has the authority to punish those actions. 

Freedom from self-incrimination and the right to a public jury

Housed under the Fifth Amendment, these are rights given to people who have been arrested. An arrested person has the right to a jury trial (although this right can be waived). They cannot be compelled to testify against themselves (also referred to as ‘pleading the fifth’). A person cannot be charged for the same offense twice if they’ve already been found innocent.

Similarly, Miranda Rights give people the right to an attorney and the right to remain silent during an interrogation.

The right to privacy

While not included in the Bill of Rights. The right to privacy has been hammered out through many Supreme Court lawsuits. This means that the government cannot publicize information about an American citizen without their consent. They cannot take and use their identity, they cannot pry into their private matters, and they cannot publicize their private actions unless keeping them private poses a legitimate risk to the public or national security.

Currently, there have been concerns about internet privacy as well. As of 2022, there has been little legislation on the topic aside from barring individual states from blocking certain websites.

The right to marry

While not initially afforded to all, the right for persons to marry who they want is a right to anyone in the United States.

United States Supreme Court
United States Supreme Court building.

In 1967, the Supreme Court ruled that anyone could get married, regardless of race. In 2015, it was ruled that same-sex couples could marry irrespective of gender.

There is something important to note about Civil Liberties, though. Even though many of our liberties are called rights, you should know the difference between Civil Liberties and Civil Rights.

Civil Liberties Are Not the Same As Civil Rights

Yes, many Civil Liberties are also Civil Rights, but there is a difference. 

The typically accepted explanation is that Civil Liberties are individual protections limiting government power while Civil Rights are protections enforced through government power.

For example, religious freedom would typically be a civil liberty. The federal or state government cannot bar someone from building a place of worship just because they disagree with the religion being practiced.

A Civil Right would be things such as freedom from housing, job, or voting discrimination. Someone who is black, a woman, or another marginalized individual cannot be excluded from a job just because of their identity. 

A notable movement in the United States, the Civil Rights movement of the 1950s and ’60s, is an example of a Civil Liberty also becoming a Civil Right.

Black Americans were barred from schools, businesses, jobs, and entire neighborhoods and even excluded from voting just because of their skin color. The federal government had to pass legislation that limited its own power in this case. 

Know Your Rights

Everyone in the United States needs to understand their individual rights and liberties. Not taking the time to understand them can allow the government or the police to mistreat you. If you’re not quite sure if you’ve been denied your fundamental rights, consider contacting a lawyer, they’ll be highly knowledgeable on the subject.

What Are Civil Liberties? Quiz

When was same-sex marriage legalized nationwide in the US?
What is the difference between Civil Liberties and Civil Rights?
What does the right to privacy protect?
Which amendment includes the right to avoid self-incrimination?
Who originally argued for the inclusion of a Bill of Rights in the Constitution?
Which amendment protects freedom of speech and religion?
To whom do Civil Liberties in the United States apply?
What are Civil Liberties?
What was a major goal of the Civil Rights Movement of the 1950s and '60s?
What is an example of a restriction on freedom of speech?

Frequently Asked Questions

What are Civil Liberties and where do they come from?

Civil Liberties are rights granted to individuals through the United States Constitution, particularly from the Bill of Rights. These include freedoms such as speech, religion, and the right to a fair trial. They were added as the first ten amendments to the Constitution after protests by figures like Thomas Jefferson and James Madison.

Do Civil Liberties apply only to U.S. citizens?

No, Civil Liberties apply to anyone on U.S. soil, regardless of citizenship status. This includes visitors, immigrants (documented or undocumented), and lifelong residents. Everyone is entitled to the same rights, such as freedom of speech, religion, and the right to a fair trial.

What are some examples of Civil Liberties?

Examples of Civil Liberties include freedom of speech and religion (First Amendment), freedom from self-incrimination and the right to a public jury (Fifth Amendment), the right to privacy (established through Supreme Court rulings), and the right to marry (as affirmed by Supreme Court decisions in 1967 and 2015).

What is the difference between Civil Liberties and Civil Rights?

Civil Liberties are individual protections that limit government power, such as freedom of speech or religion. Civil Rights, on the other hand, are protections enforced through government power, such as laws against discrimination in housing, employment, or voting. While some rights overlap, Civil Rights often involve government action to ensure equality.

Why is it important to know your Civil Liberties?

Understanding your Civil Liberties helps you recognize when your rights are being violated by the government or law enforcement. Being aware of these rights allows you to challenge abuses, seek legal recourse, and ensure fair treatment under the law. If unsure about a rights violation, consulting a lawyer is advisable.

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