Jonah Patel
Civil liberties are freedoms guaranteed by the Constitution to protect individuals from tyranny. In the United States, civil liberties are certain unalienable rights retained by those in the United States, under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. The Bill of Rights, the first ten amendments added to the Constitution in 1791, explicitly defines these liberties, including freedom of speech, the right to bear arms, and the right to privacy.
| Characteristics | Values |
|---|---|
| Civil liberties | Freedoms and rights guaranteed in the First Amendment (religion, speech, press, assembly, and petition) |
| Civil liberties | Liberties and rights associated with crime and due process |
| Civil rights | Protection from discrimination |
| Civil rights | Right to be free from employment discrimination |
| Civil rights | Right to remain silent |
| Civil rights | Right to a fair court trial |
| Civil liberties | Right to bear arms |
| Civil liberties | Right to privacy |
| Civil liberties | Right to a trial by jury in criminal cases |
| Civil liberties | Right to protection against unreasonable search and seizure |
| Civil liberties | Right to protection against compulsory self-incrimination |
| Civil liberties | Right to protection against double jeopardy |
| Civil liberties | Right to protection against excessive bail |
| Civil liberties | Right to a speedy and public trial |
| Civil liberties | Right to an impartial jury |
| Civil liberties | Right to an impartial judge |
| Civil liberties | Right to representation by counsel |
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What You'll Learn
The Bill of Rights
Civil liberties in the United States are certain unalienable rights retained by (as opposed to privileges granted to) those in the United States, under the Constitution of the United States. Civil liberties are defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations.
The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. The Bill of Rights also includes liberties and rights associated with crime and due process, such as protection against unreasonable search and seizure, compulsory self-incrimination, double jeopardy, and excessive bail. The 14th Amendment's due process clause provides the basis for civil liberties.
The majority of court decisions that define American civil liberties are based on the Bill of Rights, the first ten amendments added to the Constitution in 1791. Civil liberties protected in the Bill of Rights may be divided into two broad areas: freedoms and rights guaranteed in the First Amendment (religion, speech, press, assembly, and petition) and liberties and rights associated with crime and due process.
Civil rights are also protected by the Fourteenth Amendment, which protects violation of rights and liberties by the state governments. Civil rights, in contrast, are the legal rights detailed in federal laws and statutes that protect you from discrimination.
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The First Amendment
The right to freedom of speech is a key civil liberty protected by the First Amendment. This right allows individuals to express their views and opinions without fear of government censorship or retaliation. It also includes the freedom of the press, which protects the media's right to report on news and information without government interference.
In addition to freedom of speech and the press, the First Amendment also guarantees the right to freedom of religion. This means that individuals are free to practice the religion of their choice, or no religion at all, without government interference or persecution. The right to peaceful assembly and petition is also protected by the First Amendment, allowing individuals to gather and protest peacefully and to petition the government for redress of grievances.
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The Fourteenth Amendment
Civil liberties in the United States are certain unalienable rights retained by (as opposed to privileges granted to) those in the United States, under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy.
The Bill of Rights, the first ten amendments added to the Constitution in 1791, is the basis for the overwhelming majority of court decisions that define American civil liberties. Civil liberties protected in the Bill of Rights may be divided into two broad areas: freedoms and rights guaranteed in the First Amendment (religion, speech, press, assembly, and petition) and liberties and rights associated with crime and due process.
The Constitution’s First Amendment guarantees the rights of conscience, such as freedom of religion, speech, and the press, and the right of peaceful assembly and petition. Other guarantees in the Bill of Rights require fair procedures for persons accused of a crime—such as protection against unreasonable search and seizure, compulsory self-incrimination, double jeopardy, and excessive bail—and guarantees of a speedy and public trial by a local, impartial jury before an impartial judge and representation by counsel.
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The Ninth Amendment
Civil liberties are freedoms guaranteed by the US Constitution to protect individuals from tyranny. The majority of court decisions that define American civil liberties are based on the Bill of Rights, the first ten amendments added to the Constitution in 1791. The Ninth Amendment states:
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Bill of Rights includes explicit protections for certain civil liberties, such as freedom of speech, the right to bear arms, and the right to privacy. The First Amendment, for example, guarantees the rights of conscience, such as freedom of religion, speech, and the press, as well as the right of peaceful assembly and petition. The Fourteenth Amendment also protects civil liberties by prohibiting state governments from violating the rights and liberties of citizens.
In addition to the protections provided by the Constitution and the Bill of Rights, civil liberties are also protected by the Supreme Court and lower federal courts, which interpret and clarify the extent of these protections. The Supreme Court's decisions often clarify, expand, or limit civil rights and liberties.
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The right to a fair trial
Civil liberties are freedoms guaranteed by the US Constitution to protect individuals from tyranny. The most significant limitations to the government's power over the individual were added in 1791 in the Bill of Rights, the first ten amendments to the Constitution. The right to a fair trial is one of the liberties and rights associated with crime and due process.
The US Supreme Court and lower federal courts play a significant role in interpreting and clarifying the extent of civil liberties, including the right to a fair trial. Court decisions often clarify, expand, or limit civil liberties.
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Frequently asked questions
The constitutional protections for civil liberties are found in the Bill of Rights, the first ten amendments added to the Constitution in 1791.
Civil liberties are freedoms guaranteed by the Constitution to protect individuals from tyranny.
Examples of civil liberties include freedom of speech, the right to bear arms, the right to privacy, freedom of religion, and the right of peaceful assembly.
Civil liberties are freedoms guaranteed by the Constitution, while civil rights are the legal rights detailed in federal laws and statutes that protect individuals from discrimination.
