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'' a ...
retained by (as opposed to privileges granted to)
citizens of the United States Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
under the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ...
, 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 U.S. Federal tribunals in the United States, 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 ma ...
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 is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
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 right to freedom of expression has been recogni ...
, the right to bear arms, and the right to privacy. 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 hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White ...
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 The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Slave ...
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 or false statements,
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
,
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
, damaging the
national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military att ...
interests, verbal acts, and fighting words. 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 Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expression ...
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.http://www.glaa.org/archive/2010/woodhullreport1019.pdf 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 landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non- procreative sexual activity (commonly referred to as sod ...
'').


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 XXIII 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

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


Rights of self-defense


See also

*
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
* Civil liberties in the United Kingdom *
Civil rights in the United States The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional racial segregation, discrimination, and disenfranchisement throughout the United S ...
*
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ...


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