What are civil liberties?
- From LII:
Civil liberties are freedoms guaranteed by the U.S. Constitution (primarily from the First Amendment). They are natural rights which are inherent to each person. While they are commonly referred to as "rights," civil liberties actually operate as restraints on how the government can treat its citizens. As such, the First Amendment's language ("congress shall make no law") explicitly prohibits the government from infringing on liberties, such as the freedom of speech.
- From Britannica:
Freedom from arbitrary interference in one’s pursuits by individuals or by government. The term is usually used in the plural. Civil liberties are protected explicitly in the constitutions of most democratic countries.
- From Wikipedia:
. . . certain unalienable rights retained by (as opposed to privileges granted to) citizens of 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.[1] 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.[2] There are also many liberties of people not defined in the Constitution, as stated in the Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
How are they distinct from civil rights?
- From FindLaw:
The terms "civil rights" and "civil liberties" are often used interchangeably, but their meanings are distinct. Civil liberties are freedoms guaranteed to you by the Constitution to protect you from tyranny. One key civil liberty, for example, is the First Amendment right to freedom of speech. Civil rights, in contrast, are the legal rights detailed in federal laws and statutes that protect you from discrimination. An example of a civil right is the right to be free from employment discrimination based on a protected factor.
How do we know what they are?
Bill of Rights
- US
- Texas
Two Types:
- substantive
- procedural
Other substantive rights
Other procedural rights
From the Pew Research Center: Global Support for Principle of Free Expression, but Opposition to Some Forms of Speech.
Key Terms:
civil liberties
civil rights
14th Amendment
selective incorporation
loose interpretation
penumbras / emanations
right to privacy
consensual sex
judicial rule
judicial standard
substantive freedoms
freedom of religion
establishment clause
free exercise clause
strict separation
accommodation
freedom of speech
political speech
clear and present danger
symbolic expression
fighting words
hate speech
student speech
freedom of the press
prior restraint
obscenity
Miller test
libel
right to bear arms
procedural freedoms
rights of the accused
4th Amendment
search and seizures
warrants
exclusionary rule
5th Amendment
grand jury
double jeopardy
Miranda warnings
eminent domain
6th Amendment
right to an impartial jury
confrontation clause
witnesses
right to counsel
8th Amendment
excessive fines and bail
cruel and unusual punishment
court cases and laws
West Virginia State Board of Education v Barnette
Minersville v Gobitis
Barron v Baltimore
Roe v Wade
Planned Parenthood v Casey
Lawrence v Texas
Engel v Vitale
Lemon v Kurtzman
Luther v Comer
Sherbert - balancing test
Employment Division v Smith - neutrality
Religious Freedom Restoration Act
Holt v Hobbs
Schenck v United States
Brandenburg v Ohio
Tinker v DesMoines
