Simone Lawson
Civil liberties are freedoms guaranteed by the US Constitution, primarily from the First Amendment, which protects the rights of conscience, including freedom of religion, speech, and the press, and the right to peaceful assembly and petition. The US Constitution and the Bill of Rights, which consists of the first ten amendments to the Constitution, protect Americans from government overreach. The Fourteenth Amendment also protects civil rights by prohibiting state governments from violating rights and liberties. Civil liberties are natural rights inherent to each person, and while they are commonly referred to as rights, they actually serve as restraints on how the government can treat its citizens.
| Characteristics | Values |
|---|---|
| Freedom of religion | Freedom to practice any religion |
| Freedom of speech | Freedom to speak or publish without government interference |
| Freedom of the press | Freedom of the media to publish without government interference |
| Right to peaceful assembly | Freedom to assemble peacefully |
| Right to petition the government | Freedom to petition the government |
| Right to trial by jury | Trial by jury in criminal cases |
| Protection against unreasonable search and seizure | Protection against unreasonable search and seizure |
| Protection against self-incrimination | No person shall be compelled in any criminal case to be a witness against himself |
| Protection against double jeopardy | No person shall be subject for the same offence twice |
| Protection against excessive bail | No person shall be subject to excessive bail |
| Right to a speedy and public trial | Speedy and public trial by a local, impartial jury before an impartial judge |
| Right to keep and bear arms | Right to keep and bear arms |
| Protection against cruel and unusual punishments | Prohibition of cruel and unusual punishments |
| Right to vote | Right to vote in elections |
| Right to due process | Right to due process under the law |
| Right to private property | Right to own private property |
| Right to equal protection under the law | Right to equal protection under the law |
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What You'll Learn
Freedom of religion
The First Amendment of the United States Constitution guarantees freedom of religion. This means that the government must allow for the free exercise of religion without promoting it or burdening it. The First Amendment's Free Exercise Clause limits the government's involvement in religious matters and protects the right to hold any religious beliefs, including the choice to hold none.
The Supreme Court interprets the First Amendment and has established permissible restrictions on these freedoms. The Court's approach to balancing these considerations provides insight into the limits and reach of this First Amendment freedom. The First Amendment has two religion clauses: the Establishment Clause and the Free Exercise Clause, which together protect religious freedom.
The idea that all persons have an inalienable right to worship according to their conscience was virtually universal in Revolutionary-era America. However, the question of religious establishments was more controversial, with some believing that a system of religious establishments could serve the purpose of upholding public virtue.
The precise meaning of the First Amendment's religion clauses has been a matter of dispute, with disagreement over whether there is one religion clause or two. On the one hand, the key word "religion" appears only once in a single sentence, and the two provisions may be seen as a single harmonious concept: protecting the freedom and independence of religion from government restrictions and sponsorship. On the other hand, it is possible to have free exercise rights even with an established church, as several states at the time of the founding had.
The free exercise of religion has been established in numerous court cases, including Sherbert v. Verner (1963) and Wisconsin v. Yoder (1972), where it was deemed a "preferred freedom" that could only be restricted by the government under certain circumstances.
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Freedom of speech
While the First Amendment guarantees freedom of speech, it is not absolute and does have certain limitations. For example, speech that incites violence or illegal activity is not protected. The Supreme Court has clarified that for speech to be considered incitement, there must be a substantial likelihood of imminent illegal activity, and the speech must be directed at causing such activity. Similarly, true threats, which are statements that a reasonable person would perceive as a threat to their physical safety, are not protected by the First Amendment.
The interpretation and application of freedom of speech have evolved over time. In the 20th century, the Supreme Court's interpretation of the due process clause in Gitlow v. New York (1925) broadened the applicability of the Bill of Rights' protection of speech to include both state and national governments. This interpretation held both levels of government to the same constitutional standard regarding free speech.
The United States' free speech protections are among the strongest in any democracy. The First Amendment protects even offensive, hateful, or harassing speech. This strong protection of free speech reflects the understanding that civil liberties are natural rights inherent to each person, and the government is obligated to respect and protect these rights.
While the right to free speech is well-established in the U.S. Constitution, there are ongoing debates and legal challenges regarding its specific applications and limitations. These discussions centre around defining the boundaries of free speech and ensuring that this right is balanced with other important considerations, such as public safety, national security, and the rights and reputations of others.
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Right to bear arms
The right to bear arms is a civil liberty guaranteed by the Second Amendment to the US Constitution. The Second Amendment states that the right to "keep and bear arms" shall not be infringed. This right has been a source of much constitutional controversy and political debate due to its ambiguous wording.
The interpretation of the Second Amendment and the extent to which it limits government authority have been the subject of intense debate. The Supreme Court has recognized that the Second Amendment protects an individual's right to keep and bear arms, as seen in the District of Columbia v. Heller case. This case affirmed that the amendment protects the right to possess a firearm for traditionally lawful purposes, such as self-defense within the home.
The right to bear arms is also protected by various state constitutions. For example, the Arizona constitution states that "the right of the individual citizen to bear arms in defense of himself or the State shall not be impaired." Similarly, the Florida constitution states that "the right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed." However, it also allows for the regulation of the manner in which arms are borne.
While the right to bear arms is guaranteed, it is not absolute. The Supreme Court has held that certain restrictions on this right are permissible, such as prohibiting the carrying of concealed weapons or limiting the possession of firearms by certain individuals. Additionally, the right to bear arms does not extend to authorizing individuals or corporations to organize, maintain, or employ an armed body of men, as seen in Arizona's constitution.
The right to bear arms is a complex and highly debated issue in the United States. While it is guaranteed by the Second Amendment and various state constitutions, the scope and limitations of this right continue to be interpreted and defined by courts and legislation.
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Right to vote
The right to vote in the United States has been a contested issue since the nation's founding. Surprisingly, the original text of the U.S. Constitution does not explicitly mention a right to vote for citizens. Instead, it states that those eligible to vote for the largest house of a state's legislature are also eligible to vote for members of the House of Representatives from that state.
The Constitution does, however, include the Elections Clause, which grants Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections. This power has been used to establish a single national Election Day and mandate single-member congressional districts.
Following the Civil War, the 15th Amendment was ratified in 1870, guaranteeing formerly enslaved male citizens the right to vote regardless of their race or prior slave status. The official text states:
> The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Despite this amendment, the right to vote was interpreted narrowly by the Supreme Court throughout the late 19th and mid-20th centuries. Discriminatory practices and laws, such as poll taxes, literary tests, and the activities of the Ku Klux Klan, prevented many African Americans in the Southern states from exercising their constitutional rights.
Later amendments further expanded voting rights, including the 19th Amendment, which extended voting rights to all women, and the 26th Amendment, which lowered the voting age to 18 for all elections. Federal laws, such as the Voting Rights Act of 1965, have also played a crucial role in protecting Americans' right to vote and prohibiting voter discrimination based on race, colour, or membership in a language minority group.
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Right to trial by jury
The right to a trial by jury is a civil liberty guaranteed by the United States Constitution. This right is primarily enshrined in the Sixth and Seventh Amendments.
The Sixth Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed". This means that anyone accused of a crime has the right to be tried by a jury of their peers, and that the trial must be held without unnecessary delay and must be open to the public. The accused also has the right to be informed of the nature and cause of the charges against them, to confront the witnesses against them, to present their own witnesses, and to have legal representation.
The Seventh Amendment, ratified on December 15, 1791, protects the right to a jury trial in federal courts for civil cases where the claim exceeds a certain dollar value. This amendment also prohibits judges in these trials from overruling facts revealed by the jury. The official text of the Seventh Amendment states:
> "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law."
The right to a civil jury trial has its roots in traditional English common law. During the Middle Ages, English courts often included jury members inexperienced in legal affairs. By the time of the American Revolution, many of the new states' constitutions specifically included the right to a jury in civil and criminal cases, as a defence against overreach and corruption from the federal government.
While the Sixth Amendment guarantees the right to a jury trial in criminal cases, the Seventh Amendment does not require states to guarantee civil trials. However, most states have included the right to a civil trial to some degree in their constitutions.
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Frequently asked questions
Civil liberties are freedoms guaranteed by the U.S. Constitution. They are natural rights inherent to each person.
The Constitution established several civil liberties, including freedom of speech, freedom of religion, freedom of the press, freedom of thought, expression and action, and the right to bear arms.
Civil liberties protect individuals against government actions that infringe upon certain fundamental rights. The Bill of Rights, consisting of the first ten Amendments to the U.S. Constitution, was added in 1791 to protect Americans from government overreach.
The Bill of Rights guarantees rights associated with crime and due process, such as the right to a trial by jury, protection against unreasonable search and seizure, and protection against self-incrimination. It also guarantees civil rights, such as the right to vote and freedom from discrimination.
