Civil Liberties Key Component of Rule of Law

U.S. Bill of Rights protects fundamental freedoms

By Alexandra Abboud
Washington File Staff Writer

This article is the third in a series of three that explore the components of the rule of law.

The first 10 amendments to the U.S. Constitution collectively are called the Bill of Rights.  The Bill of Rights outlines the individual rights guaranteed to each American citizen, including freedom of religion and freedom of speech.  These rights have been a cornerstone of the rule of law in the United States because they protect citizens’ fundamental right to freedom and liberty.

The original draft of the U.S. Constitution, which outlined the way in which the U.S. government would function, did not specifically include a section that outlined the rights of citizens. In 1791, through the work of Thomas Jefferson and James Madison and others, state delegates to the Constitutional Convention adopted the first 10 amendments to the Constitution. These amendments confirmed citizens’ freedoms of religion, speech and the press, the right to peacefully assemble or protest, the right to form “a well-regulated militia” and bear arms and the right to a fair trial.

The Bill of Rights also provides for freedom from having property taken away unlawfully, from incriminating oneself and from unreasonable search and seizure.

Today, the fundamental freedoms outlined in the Bill of Rights represent the limits on what government can and cannot do to its citizens. These rights are referred to as civil liberties.  And, although the scope of these protections still is debated in Supreme Court cases, civil liberties continue to be key components of the rule of law because they provide legal limits to government action and protect what the founders believed were Americans’ fundamental rights.

FIRST AMENDMENT RIGHTS

One of the most widely recognized civil liberties is freedom of speech.  The First Amendment to the Constitution states that “Congress shall make no law ... abridging the freedom of speech” and the freedom of the press.  This civil liberty plays an important role in the protection of the rule of law because the personal freedom to criticize one’s government openly and the freedom of the press to report on issues of public importance promote awareness of citizens’ rights and responsibilities and result in an informed and free society. 

Throughout U.S. history, the Supreme Court has interpreted the First Amendment to include the freedom to engage in various forms of expression, even those forms that may be distasteful to many, including hurtful speech, and the burning of flags and religious symbols.  The court’s underlying principle has been that the right to freedom of speech and freedom of expression, and the ability to express one’s opinions and beliefs freely are cornerstones of a democratic nation.

"The First Amendment serves not only the needs of the polity but also those of the human spirit — a spirit that demands self-expression," said Supreme Court Justice Thurgood Marshall in Procunier v. Martinez (1974).

The First Amendment also protects freedom of the press, which, through Supreme Court decisions, has come to mean that government may not force newspapers to publish articles against their will, or stop newspaper reporters from attending and writing about legal proceedings. Further, the government cannot impose criminal or civil penalties on a newspaper that publishes true information about important public issues.  These rights allow the press to play the important role of ensuring transparency in government actions.

Although the courts have ruled that there are certain limits on speech and new cases continue to define the scope of the First Amendment even today, citizens and the U.S. legal system recognize the value of freedom of speech to society, and consider the limitation of those rights carefully and deliberately.  

OTHER CIVIL LIBERTIES

The Fourth, Fifth, Sixth, Seventh and Eighth amendments collectively provide in all cases, that persons who are denied life, liberty or property are entitled to fair legal proceedings to determine if they justly were denied these rights.  The overarching theme of these amendments, enumerated in the Fifth Amendment, is a guarantee of “due process of law”.  This means that the U.S. government, cannot jail someone, or take away his or her property or liberty without a fair legal hearing.

Anyone accused of a crime is guaranteed a fair and speedy trial, a defense lawyer, the right not to be tried twice for the same crime (known as “double jeopardy”), the right to a trial by jury and the right not to be subjected to “cruel and unusual punishment” for crimes committed. All people are protected from “unreasonable searches or seizures,” meaning that that agents of the government cannot enter a person’s home unless the government obtains a warrant from the courts to do so.

The Ninth Amendment to the Constitution provides that even though several rights are listed specifically in the Bill of Rights, it is not an exclusive list – citizens may possess other rights even though those rights are not written specifically in the Constitution. 

The 10th Amendment reserves to state governments any powers not assigned to the U.S. federal government in the Constitution. (See related article.)

In summary, although there is no specific formula for attaining rule of law, guaranteed civil liberties, along with the tenets that the government is bound by the law and that all citizens are entitled to equal protection under the law, form its foundation in the United States.  In the United States, government, lawmakers, and courts, more than 200 years later, continue to be guided by the principles developed by the founding fathers in the U.S. Constitution and its amendments.

For additional information, see "Equal Protection Essential Component of Rule of Law" and “The Rule of Law Provides Foundation for Democracy.” 

(The Washington File is a product of the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)