Civil liberties in the United States

Civil liberties in the United States are certain unalienable rights retained by (as opposed to privileges granted to) those in the United States, under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. 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, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, 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 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."We Hold These Truths to be Self-evident;" An Interdisciplinary Analysis of the Roots of Racism & slavery in America Kenneth N. Addison; Introduction P. xxii 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, obscenity, damaging the national security 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 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).

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.

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 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 laws.

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 Civil liberties in the United Kingdom Civil rights movement Constitution of the United States

References

Civil liberties in the United States

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