civil liberties in the United States
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Civil liberties in the United States are certain
unalienable rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental rights ...
retained by (as opposed to privileges granted to) those in the United States, under the
Constitution of the United States The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
, as interpreted and clarified by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
and lower federal courts.
Civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties of ...
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
corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
s. The explicitly defined liberties make up the Bill of Rights, including
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, the
right to bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as ...
, and the
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the globa ...
. 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.'' The extent of civil liberties and the percentage of the population of the United States who had access to these liberties has expanded over time. For example, the Constitution did not originally define who was eligible to vote, allowing each state to determine who was eligible. In the early history of the U.S., most states allowed only
white White is the lightest color and is achromatic (having no chroma). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully (or almost fully) reflect and scatter all the visible wa ...
male adult property owners to vote (about 6% of the population). The ' Three-Fifths Compromise' allowed the southern slaveholders to consolidate power and maintain slavery in America for eighty years after the ratification of the Constitution. And the Bill of Rights had little impact on judgements by the courts for the first 130 years after ratification.


United States Constitution


Freedom of religion

The text of Amendment I to the United States Constitution, ratified December 15, 1791, states that:


Freedom of expression


Free Speech Clause

The text of Amendment I to the United States Constitution, ratified December 15, 1791, states that:


Free Press Clause

The text of Amendment I to the United States Constitution, ratified December 15, 1791, states that:


Free Assembly Clause

The text of Amendment I to the United States Constitution, ratified December 15, 1791, states that:


Petition Clause

The text of Amendment I to the United States Constitution, ratified December 15, 1791, states that:


Free speech exceptions

The following types of speech are not protected constitutionally:
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
or false statements,
child pornography Child pornography (also abbreviated as CP, also called child porn or kiddie porn, and child sexual abuse material, known by the acronym CSAM (underscoring that children can not be deemed willing participants under law)), is Eroticism, erotic ma ...
,
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin , , "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral ...
, damaging the
national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
interests, verbal acts, and
fighting words Fighting words are spoken words intended to provoke a retaliatory act of violence against the speaker. In United States constitutional law, the term describes words that inflict injury or would tend to incite an immediate breach of the peace. ...
. Because these categories fall outside of the First Amendment privileges, the courts can legally restrict or criminalize any expressive act within them. Other expressions, including threat of bodily harm or publicizing illegal activity, may also be ruled illegal.


Right to keep and bear arms

The text of Amendment II to the United States Constitution, ratified December 15, 1791, states that:


Sexual freedom

The concept of sexual freedom includes a broad range of different rights that are not mentioned in the U.S. Constitution. The idea of sexual freedom has sprung more from the popular opinion of society in more recent years, and has had very little Constitutional backing. The following liberties are included under sexual freedom: sexual expression, sexual choices, sexual education, reproductive justice, and sexual health. Sexual freedom in general is considered an implied procedure, and is not mentioned in the Constitution. Sexual freedoms include the freedom to have consensual sex with whomever a person chooses, at any time, for any reason, provided the person is of the age of majority. Marriage is not required, nor are there any requirements as to the gender or number of people you have sex with. Sexual freedom includes the freedom to have private consensual homosexual sex (''
Lawrence v. Texas ''Lawrence v. Texas'', 539 U.S. 558 (2003), is a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court in which the Court ruled that U.S. state laws Sodom ...
'').


Equal protection

Equal protection prevents the government from creating laws that are discriminatory in application or effect.


Right to vote

The text of Amendment XIV to the United States Constitution, ratified July 9, 1868, states that: The text of Amendment XV to the United States Constitution, ratified February 3, 1870, states that: The text of Amendment XIX to the United States Constitution, ratified August 18, 1919, states that: The text of Amendment XXIV to the United States Constitution, ratified January 23, 1964, states that: The text of Amendment XXVI to the United States Constitution, ratified July 1, 1971, states that:


Right to parent one's children

The right to parent one's own children also includes the right for a parent to teach their children as they see fit, and not have others govern over what their children are taught.


Right to privacy


Right to marriage

The 1967 United States Supreme Court ruling in the case '' Loving v. Virginia'' found a fundamental right to marriage, regardless of race. The 2015 United States Supreme Court ruling in the case '' Obergefell v. Hodges'' found a fundamental right to marriage, regardless of gender.


Rights of self-defense

The right to self-defense is rooted in common law and has been incorporated into statutory law in all 50 states. It serves as a legal justification for the use of force, including
deadly force Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity a ...
in some cases, when an individual reasonably believes they are in imminent danger of bodily harm or death. The use of force in self-defense is generally considered justifiable for the protection of oneself. However, there are limitations on when and how this force can be applied. The law typically requires that the force used be proportional to the threat faced, and that the person claiming self-defense had a reasonable belief that they were in danger. Historically, many jurisdictions required individuals to attempt to retreat from a dangerous situation before using force in self-defense. However, this requirement has been modified or eliminated in many states through the adoption of
stand-your-ground law A stand-your-ground law, sometimes called a "line in the sand" or "no duty to retreat" law, provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense ...
s. Self-defense laws can also vary significantly from state to state. For example, only 13 states maintain a strict duty to retreat before using deadly force in self-defense. Additionally, some states limit the application of stand your ground laws to certain locations, such as one's home or vehicle. The threshold for what constitutes a reasonable belief of imminent danger also differs between jurisdictions.


See also

*
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
* Civil liberties in the United Kingdom * Civil rights in the United States *
Constitution of the United States The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...


References


Further reading

* Abbott, Lewis F
''Defending Liberty: The Case for a New Bill of Rights''
ISR Publications 2019. * Alexander, Keith L.

''. Www.washingtonpost.com. The Washington Post, 8 Aug. 2009. Web. 29 Sept. 2009. *

''. ACLU.org. n.d. Web. 27 Sept. 2009. * FindLaw.
First Amendment - Religion and Expression
''. FindLaw for Legal Professionals. FindLaw, 2009. Web. 29 Sept. 2009. * Gordon, Jesse.

''. OnTheIssues.org. Ed. Jesse Gordon. Jesse Gordon, 3 Aug. 2000. Web. 29 Sept. 2009. * Scalia, Antonin.
District of Columbia v. Heller
''. Oyez.org. The US Supreme Court Media, June 2008. Web. 29 Sept. 2009. * {{United States topics Rights United States constitutional law