Civil Rights Practice Center

Civil Rights - An Overview

What Are Civil Rights?

"Civil rights" is a term used broadly in the news, the workplace, the government and even everyday conversation. Most United States citizens and residents probably know that they have civil rights, but knowing exactly what those rights are is not necessarily intuitive. If you suspect that your civil rights have been violated, contact an attorney from The Law Offices of Thomas J. Mallon in Freehold, New Jersey, to discuss your situation.

The Declaration of Independence, the US Constitution and the Bill of Rights (the first 10 amendments to the Constitution) are key documents in our history of civil rights. The Constitution and its amendments recognize and guarantee many of our civil rights. The most famous civil rights, perhaps, are the freedoms preserved by the First Amendment:

• Freedom of Religion
• Freedom of Speech
• Freedom of the Press

These fundamental rights provided many of the principles that guided the Founding Fathers in creating our modern federal government.

Freedom of Religion

The Establishment Clause means that the federal government (and state governments, through the operation of the 14th Amendment) may not establish a government-sponsored religion. Nor can the government write laws that intentionally favor any religion over another. In other words, the government must be religion neutral. This is not to say that people in government may not be religious; rather, the laws, policies, procedures and obligations must be. The Constitution also requires that there be no religious test or oath in order to hold a government office, either in an elected or employed position.

The Free Exercise Clause prevents the government from denying the ability of a citizen to worship. While not all practices qualify under law, most practices are strictly protected by the government.

Freedom of Expression: Speech and the Press

The Constitution guarantees that government will not legislate to restrict the freedom of the people to communicate. There are certain limitations acknowledged by the Supreme Court, but by and large, the free flow of thoughts and opinions is not limited by the government. The Founding Fathers understood that restricting the transfer of ideas and information was a means of oppressing the people.

One of the most famous limitations on speech is the right of a community to declare truly dangerous speech illegal — for example, shouting "fire" in a crowded theater when there is no threat of fire. Other speech can also be limited. Defamation and obscenity, for instance, are not protected.

Beyond the Freedoms

There are many other civil rights reserved by the people. These include the right to vote under the Constitution's 15th, 19th and 24th Amendments and the right to be free from unreasonable searches and seizures by the government under the Fourth Amendment.

Perhaps the most hotly discussed freedoms we have today fall under the category of the right to privacy. The Constitution does not explicitly guarantee a right to privacy, but the Supreme Court has determined that it is implicit in the document.

Civil rights encompass much more than racial and gender equality. The people have preserved their rights in ways that touch the daily life of everybody in the United States. Civil rights allow the citizens of the United States to think and believe and act without fear of oppression from the government. If you have questions regarding your civil rights, contact an attorney from The Law Offices of Thomas J. Mallon in Freehold, New Jersey, for legal guidance.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return to Main