104 Chapter 4Chapter 4 || Civil LibertiesCivil Libertiessame constitutional protection as other speech because the right of free speech is
indivisible: when we grant the government the power to suppress controversial ideas,
we are all subject to censorship by the state.”^7
Defining the boundaries of our liberties and freedoms, like freedom of speech, is
messy and complicated. Can controversial speech on college campuses be limited?
When we say America is a free country, what does this really mean? Are there limits to
those freedoms? If so, how should political actors draw the lines between protected
behavior and actions that may be regulated?Defining Civil Liberties
The terms “civil rights” and “civil liberties” are often used interchangeably, but there
are important differences (see Nuts & Bolts 4.1). To oversimplify a bit, civil liberties are
about freedom and civil rights are about equality. Given that civil liberties are rooted
in the Bill of Rights, it might have been less confusing if it had been called the “Bill of
Liberties.” (This distinction is discussed further in Chapter 5.)
Civil liberties are deeply rooted in our key idea that politics is conflictual and
involves trade-offs. When the Supreme Court rules on civil liberties cases, it must
balance an individual’s freedom with government interests and the public good. In
some cases, the Court must not only balance these interests but also “draw a line”
between permissible and illegal conduct concerning a specific liberty.Balancing Interests
Civil liberties must be balanced against competing interests, because when it comes
to our freedoms there are no absolutes. The trade-off between civil liberties and
national security in the “war on terrorism” illustrates this point. Many Americans were
concerned that civil liberties were being eroded upon discovering that the government
was arresting suspected terrorists in the United States and taking them to foreign
countries that are less protective of civil liberties—Egypt, Syria, Jordan, and Morocco—toDEFINE WHAT WE MEAN BY
CIVIL LIBERTIEScivil liberties
Basic political freedoms that protect
citizens from governmental abuses
of power.NUTS (^) Distinguishing Civil Liberties from Civil Rights
& B O LT S
4 .1
Civil Liberties Civil Rights
Basic freedoms and liberties Protection from discrimination
Rooted in the Bill of Rights and the “due process” protection of the
Fourteenth Amendment
Rooted in laws and the “equal protection” clause of the Fourteenth
Amendment
Primarily restrict what the government can do to you (“Congress shall
make no law... abridging the freedom of speech”)
Protect you from discrimination both by the government and by
individuals
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