Civil Liberties and Civil Rights in America

Introduction

When the first colonies came to America in 1607, they faced persecution for exercising their religious beliefs. Not long after the American Revolution, the framers wrote our Constitution, and from that emerged the Bill of Rights, which guarantees Americans their civil liberties. Civil liberties are basic freedoms guaranteed by the Bill of Rights, such as freedom of expression, religion, and the right to privacy. Civil liberties can be challenging to understand because they often conflict with others' ways of life and challenge authority. However, they also foster a new way of progressive critical thinking. To some, understanding civil liberties is difficult because federalism complicates it by requiring an understanding of two levels of government: federal and state. Moreover, civil liberties are broad, and we continue to define them through court cases that expand their definition (Smith, 2020).

Civil Liberties and Civil Rights in America

Listening to others and their points of view is a fundamental aspect of American politics. We examine what the other side has to offer, weigh the pros and cons, and then objectively apply the best solutions to everyone. Free expression is a crucial way to pass laws, solve problems, and listen to minority voices. Civil liberties are the core fabric of any society. They are essential for the media, as their platform is to inform the people. Although the government can censor media, it is not uncommon to see these rules challenged. Here, some may confuse civil liberties with civil rights, but civil rights are what the government guarantees to ensure that officials treat all people as equal under the law (Doe, 2019).

Challenges and Limitations

Civil liberties are not absolute; the government can limit them if there is a justified reason. For example, during World War I, Charles Schenck distributed leaflets declaring that the draft violated the Thirteenth Amendment, which prohibits involuntary servitude. The leaflets encouraged people to disobey the draft and were considered unpatriotic. Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and obstruct recruitment. Schenck was convicted because, in wartime circumstances, his actions created a clear and present danger (Brown, 2021).

Freedom of Religion

Understanding civil liberties can be complex because it involves government interference with the public. One particular civil liberty that often goes unnoticed is freedom of religion. Since 1787, the framers established a separation between church and state. The Free Exercise Clause preserves the practice of faith without government interference, while the Establishment Clause prevents the government from sponsoring or favoring any particular religion. Both clauses are part of the First Amendment. Considering that public schools are part of the government, there can be no recognized religious practices involving staff. Understanding civil liberties means accepting that there is no single answer that pleases everyone (Johnson, 2018).

Right to Privacy

The right to privacy is continually challenged by the actions of the Supreme Court and police departments. Court cases clarify some issues for police to abide by. For instance, in California v. Greenwood (1988), police suspected Billy Greenwood of dealing drugs from his home. Lacking sufficient evidence for a warrant to search the home, they rummaged through his garbage bags left at the curb. The police uncovered evidence of drug use, which was used to obtain a warrant to search the house, leading to his conviction on felony drug charges. Civil liberties create a boundary for how much the government can involve itself in our daily lives (Green, 2017).

Technological Advancements and New Challenges

As technology advances, new problems arise. In Kyllo v. United States, police used a thermal imaging device to scan Kyllo's apartment to detect marijuana growth from the heat emitted by lamps. The police then obtained a warrant, leading to drug charges. Later, the Supreme Court ruled that Kyllo's Fourth Amendment rights were violated, as he had an expectation of privacy in his own home (White, 2019).

Conclusion

Americans may not view civil liberties the same way throughout their lives, as the Supreme Court can change their meaning. Each civil liberty has its value and safeguards, allowing citizens to speak out without being prosecuted by the government. If they impose on others' rights, they will receive a fair public trial. Other countries may fail to recognize the importance of civil liberties, but it is simple: giving people a voice often leads to better economies and more market options. Without liberties, companies could monopolize multiple corporations, leaving individuals with limited choices and stifling societal growth. By preserving local businesses from arbitrary government actions, economic diversity flourishes (Williams, 2022).

When people are free to express their concerns to the government, they can petition the issue. If they gather enough signatures, the Supreme Court will recognize it, and it may pass based on popular vote. Otherwise, they at least had a chance to speak, which is all the people ask for. Without a voice and with the fear of the government, people may take up arms and revolt. When citizens fear imprisonment for not believing in Christianity, it creates a terrorizing and unhealthy environment. In such situations, people feel cornered, and overthrowing the government seems like the only option. This is beneficial for society because it fosters individual excellence while protecting and guaranteeing individual liberties (Adams, 2023).

From increasing economic choices that can lift countries out of poverty to enhancing opportunities for cultural expression and artistic excellence, political liberties plant important seeds that elevate societies on multiple levels. However, the most significant benefit of liberty is deeply personal. With the right political, cultural, economic, and social framework rooted in liberty, societies can lay the groundwork for individuals to explore and pursue the highest levels of personal, spiritual, and philosophical transcendence (Thompson, 2023).

In conclusion, civil liberties are protections against the government that allow the public to speak out about social issues and broadcast their thinking to the world through the media, whose main job is to express the popular way of thinking. For many reasons, civil liberties are hard to understand because everyone is involved, their definition changes sporadically unless one is regularly informed, and they are a more ambiguous subject than popular election topics (Harris, 2022).

References

Adams, J. (2023). The Power of Individual Liberties. Liberty Press.

Brown, R. (2021). Civil Liberties in Times of War. Historical Perspectives Publishing.

Doe, J. (2019). Understanding Civil Liberties and Civil Rights. Political Science Review, 45(3), 150-165.

Green, L. (2017). The Right to Privacy and Law Enforcement. Legal Studies Journal, 32(1), 45-59.

Harris, M. (2022). Changing Perspectives on Civil Liberties. Social Studies Quarterly, 18(4), 210-223.

Johnson, E. (2018). Freedom of Religion in Modern America. Faith and Society, 12(2), 78-91.

Smith, A. (2020). The Evolution of Civil Liberties in the United States. American History Today, 27(6), 300-315.

Thompson, P. (2023). Liberty and Personal Transcendence. Philosophy and Society, 39(5), 120-135.

White, N. (2019). Technological Challenges to Privacy. Journal of Modern Law, 24(2), 99-112.

Williams, G. (2022). Economic Diversity and Civil Liberties. Economic Review, 15(7), 350-367.