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. Free expression recently has been strongly supported by the Supreme Court.
- "Due process of law" refers to legal protections (primarily procedural safeguards) designed to ensure that individual rights are respected by the 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.
- Individual rights are constantly being weighed against the demands of majorities and the collective needs of society. All political institutions are involved in this process, as is public opinion, but the judiciary plays the central role in it and is the institution that is most partial to the protection of civil liberties.
After reading this chapter you should be able to:
Define and give examples of some civil liberties. |
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Explain what freedom of expression means. |
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Identify and explain Supreme Court guidelines for free speech. |
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Identify and explain Supreme Court guidelines for free press. |
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Explain the incorporation process for rights of free expression. |
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Explain the differences between establishment and free exercise of religion. |
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Identify what the right of privacy is and what it protects. |
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Explain the differences between procedural and substantive due process. |
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Explain how the process of selective incorporation has been used for procedural rights. |
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Summarize current public attitudes about crime. |