CIVIL LIBERTIES AND CIVIL RIGHTS

1
CIVIL LIBERTIES AND CIVIL RIGHTS

• The U.S. Constitution guarantees Americans a
  large constellation of rights and liberties. The
  terms civil liberties and civil rights are
  often used interchangeably in this context,
  although their meanings are somewhat different.
• Civil liberties are freedoms that are
  guaranteed to the individual they take the form
  of negative constraints on the power of
  government i.e., 1st Amendment freedoms -
  speech, press, religion. They declare what the
  government CANNOT DO.
• Civil rights are the powers or privileges
  guaranteed to the individual and are protected
  from arbitrary removal at the hands of government
  of other individuals i.e., right to vote, right
  to jury trial in criminal cases.
• Today, civil rights have also come to include
  the objectives of laws that further these and
  other values. For instance, the Civil Rights Act
  of 1964 furthered the value of equality by
  establishing prohibitions against discrimination
  in public accommodations and employment
  practices. Civil rights declare what the
  government MUST DO or PROVIDE.

2

• When we refer to both civil liberties and civil
  rights under the U.S. Constitution, we mean the
  protections enshrined in the Bill of Rights and
  the 14th Amendment. These include
• freedom of religion
• freedom of the press
• freedom of speech
• right to peaceably assemble
• right to petition government for redress of
  grievances
  
• right to privacy
• rights of the criminally accused/requirement of
  due process of law
  
• the guarantee of equal protection of the laws
• There are also several civil liberties/rights
  outlined in the main body of the Constitution
  i.e., prohibition against ex post facto laws and
  the suspension of the writ of habeas corpus among
  others. Additionally, many state constitutions
  contain bills of rights, protecting many of the
  same rights and liberties associated with the
  U.S. Constitution.

3
Civil Liberties - An Issue of Line Drawing
Perceived compelling state interest
usually arguments fall under state police power
- power to protect public safety and morals
Perceived Right of the individual
i.e., right to privacy, right of free speech,
right of free worship, etc.
The state must show why its interest is
compelling enough to justify regulation of the
individuals right.