Watch the My Story Video for an introduction to the principles that protect civil rights; pausing and playing as needed to record and revise notes.
The United States was established, in part, to ensure individual rights against the power of government. However, these rights can be restricted when they come into conflict with the rights of others. The Due Process Clause of the 14th Amendment prevents the States from abridging rights guaranteed in the Constitution's Bill of Rights.
Freedom of religion is one component of the constitutional guarantee of free expression. The Establishment Clause sets up what Thomas Jefferson called "a wall of separation between church and state," but the nature of that separation is still being argued in American society and in the courts. The Free Exercise Clause protects Americans' right to believeβthough not necessarily to doβwhatever they wish.Β
The freedom to express ideas freely and to hear the ideas of others is fundamental to American democracy. However, some limitations on freedom of expression have been upheld by the Supreme Court. These include restrictions on certain kinds of speech, such as sedition and obscenity, and on speech in certain circumstances, such as when broadcast over the public airwaves.
The constitutional guarantees of assembly and petition protect Americans' rights to gather peacefully in order to express their views and to influence public policy, by such means as demonstrations and written petitions. There are place, time, and manner limitations on these freedoms, however.
In observing due process of law, the government must act fairly and in accordance with established rules. Although the States possess the power to safeguard the well-being of their people through their police power, they must also observe due process rights. These rights include the right of privacy.
Various constitutional provisions protect Americans' right to live in freedom. The 13th Amendment and subsequent civil rights laws prohibit slavery and involuntary servitude. The 2nd Amendment aims to preserve the concept of the citizen-soldier, while the 3rd and 4th amendments protect the security of home and person.
In common law, any person who is accused of a crime is presumed innocent until proven guilty. The Constitution, especially in the 5th, 6th, and 14th amendments, contains a number of provisions designed to ensure that the rights of people accused of a crime are upheld.