American Civil Liberties

The Difference Between Civil Freedoms and Civil Rights

The terms civil freedoms and civil rights have occasionally been used synonymously by laypeople. Nevertheless, despite the fact that each term has been protected by the interpretation of the constitution, political scientists and legal experts have drawn a difference between the two terms. (Michael). The boundaries of a citizen’s civil rights are what the government can and cannot do to them. These are liberties that belong to you personally and which the state cannot revoke. On the other side, the government is required to protect citizens’ civil rights. The three main pillars of American civil rights are freedom of speech and expression, freedom of religion, and freedom of the press. The 14th amendment to the original constitution of America protects the violation of civil rights and liberties by the states. The dual process clause prohibits the abuse of liberty, life and property. The American equal protection clause also guarantees civil rights (Michael). The 14th amendment was also used to incorporate the bill of rights. Gitlow v New York amendments (1925) incorporates freedom of speech while Near v Minnesota amendments (1931) incorporates the freedom of the press (Samuel).

The Freedom of Speech and Expression

The freedom of speech and expression helps the American citizens to communicate their views and air out their grievances. The citizens are free to complain about what they feel is not right. Adopted in 1791, the amendment states that “the Congress shall make no law abridging the freedom of speech or of the press or right of the people to peaceably assemble and to petition the government for redress of grievances” (Samuel).

The Freedom of the Press

Another freedom guaranteed by the American law is the freedom of the press which was protected by the first amendment. The Near v Minnesota 1931 recognizes the freedom of the press as the rejection of any prior restrictions of the press on its publications. The New York Co. v Sullivan (1964) rules that any publication that involves a public figure must be accurate and true. This means that any statement that is not true or that is reckless is a breach of law (Samuel).

Protection Against Cruel and Unusual Punishments

In the 18th amendment, it is stated that the government cannot impose ’cruel and unusual punishments’ on individuals for their criminal acts (Karin). The courts have consistently interpreted this provision making it unconstitutional for the government officials to torture the suspects in custody. The Mapp v Ohio (1969) incorporated the exclusionary rule which states that illegally obtained information (without a warrant) cannot be used in the court of law for the trial of a suspect (Michael). The inevitable discovery in 1984 allows the police to illegally obtain evidence if they can prove that they would eventually obtained it a legal manner.

Freedom of Religion

In America, one is free to create his or her religion (free exercise) and recruit his or her followers into it. The individual has freedom of doing so even if the society and the government do not consider it right (Karin). However, the manner in which their religion is conducted can be regulated by the government if it breaches the rights of others. The followers of religion are allowed to uphold what they believe in but should not be denied lifesaving medical treatments (Samuel).

American Civil Liberties

The American civil liberties, therefore, ensures that everybody conducts themselves in a manner they believe is right while at the same time the safety of every citizen is conducted.

Work Cited

Ashling, Karin J. Brief of American Civil Liberties Foundation of Oregon, Inc: Amicus Curiae. : in the Matter of the Marriage of Karin Jean Ashling, Petitioner-Appellant, and Glenn Craig Ashling, Respondent-Respondent. San Francisco, Calif.: Lesbian Rights Project, 1979. Prin

Geary, Michael. National Security and Civil Liberty: A Chronological Perspective. , 2014. Print.

Walker, Samuel. In Defense of American Liberties: A History of the Aclu. Carbondale: Southern Illinois University Press, 1999. Print