Overview Chapter

This chapter addresses the topic of civil liberties which are specific individual rights that are constitutionally protected against infringement by government. These liberties include freedom of speech, press, religion and privacy. An important challenge for civil society is to establish a proper balance between the need for public safety and the practice of individual freedom. Current developments in civil liberties include expansion of individual rights at the same time when society is demanding enhanced protection of collective interests. The main points covered in this chapter are the following:

• Freedom of expression is the most basic of democratic rights, but, like all rights, it is not unlimited. Individual rights are constantly being weighed against the demands of majorities and the collective needs of society.
• "Due process of law" refers to legal protections (primarily procedural safeguards) designed to ensure that individual rights are respected by government.
• During the last half century, the civil liberties of individual Americans have been substantially broadened in law and given greater judicial protection from action by all levels of government. Of special significance has been the Supreme Court's use of the Fourteenth Amendment to protect these individual rights from action by state and local governments.