Definition of Civil Liberty
Civil liberties are the freedoms and rights that a person has as a member of a community, state or nation. In democratic countries, these rights are guaranteed by laws and customs, namely by a constitution. In the United States, our civil liberties are guaranteed by the Bill of Rights. Civil liberties and civil rights are very similar, but civil liberties refer to freedom from government interference and civil rights refer to equal treatment under the law.
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First Amendment Rights
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According to the American Civil Liberties Union (ACLU), our most important civil liberties are those described in the First Amendment to the Constitution. These include freedom of speech, association and assembly, freedom of the press, and freedom of religion. Congress cannot pass any law that restricts these freedoms.
Equal Protection
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Another civil liberty described by the ACLU is the right to equal protection under the law. This means that all people, regardless of race, religion, ethnicity, gender, age or sexual orientation must be regarded equally by the government and cannot be discriminated against in housing, education, employment, or any other area of the law.
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Due Process
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Another civil liberty that we have as Americans is the right to due process, or fair treatment when suspected of a crime. According to the ACLU, the government should treat all people justly whenever the loss of their liberty or property is at stake. For example, no one should be arrested or detained without good reason or be punished without a trial. Due process of law also includes many court procedures that protect individuals accused of wrongdoing, such as a speedy trial and legal representation.
Right to Privacy
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The ACLU is especially concerned with our civil liberty that guarantees us the right to privacy, or freedom from unwarranted government intrusion into our personal and private affairs. This means the government and other citizens can't tap our phones, hack into our email accounts, or watch us in our private homes without our permission, unless we are suspected of committing a crime.
Development of Civil Liberties
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In his article, "Civil Rights," Bruce Allen writes that the idea of universal rights that can't be taken away began in ancient times with the theory of natural law. According to this theory, anything that detracts from a person's human qualities or prevents his achievement, violates natural law. This idea led to the belief that governmental power has limits and that people and government are bound by natural law. In the 1600s, English philosopher John Locke wrote that governments were expected to protect their citizens' rights to life, liberty, and property, and that citizens would, in exchange for this protection, agree to be governed. These ideas eventually become part of the English Bill of Rights, the French Declaration of the Rights of Man, and the U.S. Bill of Rights.
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References
- Photo Credit statue of liberty image by Pix by Marti from Fotolia.com
