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Civil Rights and Civil Liberties

Civil Rights and Civil Liberties, political and social concepts referring to guarantees of freedom, justice, and equality that a state may make to its citizens. Although the terms have no precise meaning in law and are sometimes used interchangeably, distinctions may be made. Civil rights is used to imply that the state has a positive role in ensuring all citizens equal protection under law and equal opportunity to exercise the privileges of citizenship and otherwise to participate fully in national life, regardless of race, religion, sex, or other characteristics unrelated to the worth of the individual. Civil liberties is used to refer to guarantees of freedom of speech, press, or religion; due process of law; and other limitations on the power of the state to restrain or dictate the actions of individuals. The two concepts of equality and liberty are overlapping and interacting; equality implies the ordering of liberty within society so that the freedom of one person does not infringe on the rights of others.

The concept that human beings have inalienable rights and liberties that cannot justly be violated by others or by the state is linked to the history of democracy. It was first expressed by the philosophers of ancient Greece. Socrates, for example, chose to die rather than renounce the right to speak his mind in the search for wisdom. Somewhat later the Stoic philosophers formulated explicitly the doctrine of the rights of the individual Traces of libertarian doctrine appear in the Bible and in the writings of the Roman statesman Marcus Cicero and the Greek essayist Plutarch. Such ideas, however, did not gain a permanent place in the political structure of the Roman Empire and all but disappeared during medieval times.

defending the individual rights and freedoms of all people in the United States. The ACLU works to protect the civil liberties granted by the Constitution of the United States and Bill of Rights through litigation, legislation, and public education. The nonpartisan organization provides lawyers and legal advice for individuals and groups involved in local, state, and federal court cases. It also spearheads numerous campaigns to extend more rights to people who have traditionally been denied them, including the rights of children, prisoners, homosexuals, and people with mental illness. The ACLU has been involved in some of the most celebrated U.S. legal cases and lobbying campaigns of the 20th century.


The ACLU is the nation’s largest nonprofit law organization. Its 60 full-time attorneys work with 2,000 volunteer attorneys on approximately 6,000 cases each year. By the late 1990s, the ACLU had 275,000 members and more than 300 chapters and affiliated offices throughout the United States. The organization is based in New York City.

Since its founding in 1920, the ACLU has initiated a variety of court cases to test whether particular laws are constitutional. These cases are often referred to as test cases. It has also participated in numerous court cases pertaining to individual rights by filing amicus curiae briefs (Latin for "friend-of-the-court" briefs). In such a brief, the ACLU advises the court on issues concerning civil liberties but does not provide legal counsel for either the defendant or plaintiff. ACLU briefs have influenced the outcome of many trials.

 

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