Civil liberties in the United States are certainunalienable rights retained by (as opposed to privileges granted to) those in the United States, under theConstitution of the United States, as interpreted and clarified by theSupreme Court of the United States andlower 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, orcorporations. The explicitly defined liberties make up theBill of Rights, includingfreedom of speech, theright to bear arms, and theright to privacy.[2] There are also manyliberties of people not defined in the Constitution, as stated in theNinth 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 onlywhite male adult property owners to vote (about 6% of the population).[3] The 'Three-Fifths Compromise' allowed the southern slaveholders to consolidate power and maintainslavery in America for eighty years after the ratification of the Constitution.[4] And the Bill of Rights had little impact on judgements by the courts for the first 130 years after ratification.[5]
The text ofAmendment I to the United States Constitution, ratified December 15, 1791, states that:
"Congress shall make no law... prohibiting the free exercise thereof;"[6]
— United States Constitution,Amendment I
The text ofAmendment I to the United States Constitution, ratified December 15, 1791, states that:
"Congress shall make no law... abridging the freedom of speech,"[6]
— United States Constitution,Amendment I
The text ofAmendment I to the United States Constitution, ratified December 15, 1791, states that:
"Congress shall make no law... abridging... the press,"[6]
— United States Constitution,Amendment I
The text ofAmendment I to the United States Constitution, ratified December 15, 1791, states that:
"Congress shall make no law... abridging... the right of the people peaceably to assemble,"[6]
— United States Constitution,Amendment I
The text ofAmendment I to the United States Constitution, ratified December 15, 1791, states that:
"Congress shall make no law... abridging... the right of the people... to petition the Government for a redress of grievances."[6]
— United States Constitution,Amendment I
The following types of speech are not protected constitutionally:defamation orfalse statements,child pornography,obscenity, damaging thenational security interests, verbal acts, andfighting 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 ofbodily harm or publicizing illegal activity, may also be ruled illegal.[7]
The text ofAmendment II to the United States Constitution, ratified December 15, 1791, states that:
"A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed."[6]
— United States Constitution,Amendment II
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.[8] 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).
Equal protection prevents the government from creating laws that are discriminatory in application or effect.
The text ofAmendment XIV to the United States Constitution, ratified July 9, 1868, states that:
"when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the
maleinhabitants of such State, beingtwenty-one(eighteen) years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of suchmalecitizens shall bear to the whole number ofmalecitizenstwenty-one(eighteen) years of age in such State."[6]
— United States Constitution,Article XIV
The text ofAmendment XV to the United States Constitution, ratified February 3, 1870, states that:
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."[6]
— United States Constitution,Article XV
The text ofAmendment XIX to the United States Constitution, ratified August 18, 1919, states that:
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."[6]
— United States Constitution,Amendment XIX
The text ofAmendment XXIV to the United States Constitution, ratified January 23, 1964, states that:
"The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax."[6]
— United States Constitution,Amendment XXIII
The text ofAmendment XXVI to the United States Constitution, ratified July 1, 1971, states that:
"The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age."[6]
— United States Constitution,Amendment XXVI
The right to parent one's own children also includes the right for a parent to teach their children as they see fit.
TheConstitution of the United States andUnited States Bill of Rights do not explicitly include a right to privacy.[9] Currently no federal law takes a holistic approach to privacy regulation.
In the US, privacy and expectations of privacy have been determined via court cases. Those protections have been established through court decisions provide a reasonable expectations of privacy.
TheSupreme Court inGriswold v. Connecticut, 381 U.S. 479 (1965) found that the Constitution guarantees a right to privacy against governmental intrusion viapenumbras located in the founding text.[10]
In 1890, Warren and Brandeis drafted an article published in theHarvard Law Review titled "The Right To Privacy" that is often cited as the first implicit finding of a U.S. stance on the right to privacy.[11]
Right to privacy has been the justification for decisions involving a wide range ofcivil liberties cases, includingPierce v. Society of Sisters, which invalidated a successful 1922Oregoninitiative requiring compulsorypublic education;Roe v. Wade, which struck down an abortion law fromTexas, and thus restricted state powers to enforce laws against abortion; andLawrence v. Texas, which struck down a Texassodomy law, and thus eliminated state powers to enforce laws againstsodomy.Dobbs v. Jackson Women's Health Organization later overruledRoe v. Wade, in part due to theSupreme Court finding that the right to privacy was not mentioned in the constitution,[12] leaving the future validity of these decisions uncertain.[13]
Legally, the right of privacy is a basic law[14] which includes:
However, outside of recognized private locations, American law, for the most part, grants next to no privacy for those in public areas. In other words, no verbal or written consent is needed to take photos or videos of those in public areas.[15] This laxness extends to potentially embarrassing situations such as when actressJennifer Garner bent over to retrieve something from her car and revealed herunderwear to create awhale tail. Because the photographer took the photo in a public location, in this case a pumpkin patch, circulating the photo online was a legal act.[16]
For the health care sector where medical records are part of an individual's privacy, The Privacy Rule of the Health Insurance Portability and Accountability Act was passed in 1996. This act safeguards medical data of the patient which also includes giving individuals rights over their health information, like getting a copy of their records and seeking correction.[17] Medical anthropologistKhiara Bridges has argued that theUS Medicare system requires so much personal disclosure from pregnant women that they effectively do not have privacy rights.[18]The 1967 United States Supreme Court ruling in the caseLoving v. Virginia found a fundamental right to marriage, regardless of race. The 2015 United States Supreme Court ruling in the caseObergefell v. Hodges found a fundamental right to marriage, regardless of gender.
The right to self-defense is rooted in common law and has been incorporated into statutory law in all 50 states.[19] It serves as a legal justification for the use of force, includingdeadly force 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 ofstand-your-ground laws.[20]
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.[21][22]
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