CLR - Civil Liberties and Civil Rights Lesson

 

Civil Liberties an Civil Rights Lesson

What is the difference between a liberty and a right? Both words appear in the Declaration of Independence and the Bill of Rights. The difference between the two has often been used interchangeably. However, they do refer to different kinds of guaranteed protections.

Civil liberties are protections against government actions. For example, the First Amendment of the U.S. Constitution guarantees citizens freedom of speech and the right to practice religion without government interference. The First Amendment gives the individual "liberty" from the actions of the government.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. First Amendment to the U.S. Constitution

In contrast, civil rights refer to the positive actions the government should take to create equal and fair treatment for all Americans. The term "civil rights" is often associated with the protection of minority groups, such as African Americans, Hispanics, and women.

Most Americans think of civil rights and civil liberties as principles that protect freedoms all the time. However, people do not have the immunity to do whatever they want, whenever they want. There are limitations to these rights and liberties. If someone else is trying to infringe upon these rights and freedoms, the government can intervene. For example, the government may intervene in religious demonstrations that could possibly lead to a rebellion or uprising.  

Think about it:  

  • Do you have the right to say and do whatever you want, whenever you want at school, or are these rights limited?  
  • Why do you think your actions at school are not protected under the First Amendment of the U.S. Constitution?

 

The Bill of Rights and 14th Amendment

Civil liberties protected in the Bill of Rights can be divided into two broad areas:

  1.   Freedoms and rights guaranteed in the First Amendment: (religion, speech, press, assembly, and petition).
  2.   Liberties and rights associated with crime and due process in the 14th Amendment, which protects violation of rights and liberties by the state governments.

The overwhelming majority of court decisions that define American civil liberties are based on the Bill of Rights, or the first ten amendments of the U.S. Constitution. Protection of civil liberties and civil rights is basic to American political values.  

 

Due Process

Political cartoon of lawyer in front of a juryDue process means that laws must be applied fairly and equally to all citizens, especially an individual accused of a crime. The Constitution uses the phrase in the 5th and 14th Amendments, declaring that the government shall not deprive anyone of "life, liberty, or property, without due process of law..." The 5th Amendment protects people from actions of the federal government, and the 14th protects them from actions by state and local governments.

The 5th Amendment requires that a citizen cannot be accused of a serious crime without a grand jury investigation. It also forbids double jeopardy, or the act of bringing a person to trial a second time for the same crime.  The Fifth Amendment also grants the right to a defendant to refrain from testifying against himself or herself.  

 

Miranda Warning (United States)

Miranda vs. Arizona, (1966)

You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?

This landmark decision applied the 5th Amendment right against self-incrimination by stating that any comments made before suspects were informed of their rights were inadmissible in court.

Other landmark Supreme Court cases that involve "Due Process" as outlined in the 5th and 14th Amendments include:  

Gideon v. Wainwright (1963) - The Supreme Court landmark case involving the 14th Amendment... The Supreme Court ruled that citizens, who are involved in criminal cases, are entitled to an attorney under the 14th Amendment of the U.S. Constitution. If the citizen is unable to afford an attorney, one will appointed to them.

Escobedo v. Illinois (1964) - The Supreme Court landmark case that is a continuation of Gideon v. Wainwright states that a criminal suspect has the right to an attorney during police interrogations.

 

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