CIVIL RIGHTS AND CIVIL LIBERTIES ASSIGNMENT 2
Introduction
The United States’ core values are liberty, justice, equality, and freedom; these values
rest on the foundational principles of civil rights and civil liberties. Civil rights are defined as the
legal provisions that protect people from discrimination based on a variety of personal
characteristics like race, gender, disability, etc. These legal protections are aimed to ensure
access to equal treatment in employment, banking, education, housing, etc. (Masur, 2021). Civil
liberties, on the other hand, are the essential freedoms guaranteed to individuals which include,
but are not limited to, the right to free speech, privacy, and a fair trial (Chemerinsky &
Goodwint, 2020). Although these concepts are different in definition, they are intertwined
because of their necessity to the pursuit of justice and equality, but like with many aspects of life,
there is potential for conflict. This paper seeks to understand the relationship between civil rights
and civil liberties by examining the history, current policies, and areas for change. Only by
understanding this information, can one properly determine, can and when do civil rights
infringe on civil liberties.
Summary
The current policies and practices related to civil rights and civil liberties in the United
States reflect the country’s complex history of progress and its continued challenges. The
introduction of civil rights protections dates to the Reconstruction era following the Civil War.
These efforts to introduce and protect civil rights were met with resistance and setbacks like the
rise of Jim Crow laws in the late 19th and early 20th centuries which enforced racial segregation
and discrimination of African Americans (Goodwin, 2020). This changed when there were
significant milestones in the advancement of civil rights in the mid-20th century with the
landmark case Brown v. Board of Education decision in 1954 which struck down segregation in
CIVIL RIGHTS AND CIVIL LIBERTIES ASSIGNMENT 3
public schools. Another landmark case was the Civil Rights Act of 1964 which outlawed
discrimination based on race, color, religion, sex, or national origin (Masur, 2021).
Although there have been legislative victories, challenges continue to arise when trying
to ensure the protection of civil rights and civil liberties for all individuals in the United States.
The struggle for racial equity continues, as the conversation of voter suppression increases, and
gender inequality, LGBTQ+ rights, and the eraser of privacy rights in this modern digital society
remain pressing concerns (Lee, 2020). The tension between advancing civil rights while also
safeguarding civil liberties has become such a pressing issue, and the difficulty to uphold both
principles simultaneously has only increased tension and introduced more conflict.
Critique
Despite there being significant progress in the advancement of civil rights and civil
liberties in the United States, the system is still not perfect, and there are many issues with
current policies that prompt the need for change; however, there are seven imperative changes
that need to be made for the betterment of the country.
The first domestic policy change that needs to be made is related to education. The
country must work to ensure equal access to higher education, whether college or trade school.
When there are disparities in education, it perpetuates socioeconomic inequalities and hinders an
individual’s social mobility. Students from low-income families face increased challenges when
it comes to educational attainment like unequal funding and resources (Neuwirth & Mukherji,
2021). Addressing these disparities can help ensure equal access to quality education for all
students which will ultimately aid the country by producing a higher educated and a higher
earning population.
CIVIL RIGHTS AND CIVIL LIBERTIES ASSIGNMENT 4
Affordable housing access policies are the second kind of domestic policy needing
change. Currently, there is no comprehensive federal legislation to regulate the issue.
Historically, any legislation involving the issue was to reduce housing discrimination, primarily
on the aspect of race, however, there needs to be legislation to protect based on socioeconomics.
As prices are continuing to skyrocket, people are being priced out of houses and apartments
(Massimo, 2021). There needs to be protections to ensure the rights to shelter while also
respecting the rights of property owners.
The third change that needs to be made is an increase in privacy protection. Technology
continues to have a large role in today’s society; however, technology advances at a much faster
rate than legislation aimed at regulation and protection (Rusakova et al., 2020). Companies are
tracking individuals’ online activity and are selling their personal information (Ichihashi, 2020).
AI is increasingly more prevalent, and society as a whole does not understand it and how people
take advantage of others using it. There needs to be regulations to protect citizens from data
collection and surveillance to ensure their privacy rights. Now this does not include the NSA, as
domestic security, takes precedent.
Another domestic policy change should be to establish clear standards for the Civil
Rights Act of 1964 to address discrimination in employment. Discrimination in the workplace
continues to be an issue. According to the Equal Employment Opportunity Commission, race
discrimination remains the most common type of workplace discrimination which accounts for
over 33% of all charges filed with the agency (2022). There needs to be standardized
enforcement practices to promote diversity and inclusion initiatives that combat systemic
discrimination.
CIVIL RIGHTS AND CIVIL LIBERTIES ASSIGNMENT 5
The fifth change needed is the protection of voting rights. Voter suppression tactics like
voter ID laws and purging voter rolls disproportionately impact minority and low-income
communities which is contrary to the principle of civil rights (Pitzer et al, 2021). They also
contradict a fundamental, constitutional civil liberty of American citizens which is the right to
vote. Protecting voting rights and expanding access to the ballot box is crucial to upholding the
principle of democracy which is the founding principle of this nation.
Disability rights are the sixth policy type needing change. Accessibility and
accommodating individuals with disabilities is an imperative civil right that allows them to
integrate and participate in society. This can create a conflict for business owners who have the
ability and right to operate their business without excessive regulatory burdens (Karin &
Bollinger, 2020). People with disabilities have the right to fully participate in society; however, a
balance needs to be created to ensure that the task of inclusion is not fully dependent upon
business owners and institutions.
LGBT rights are the seventh policy issue in the United States needing change. Current
policies are aimed at creating inclusivity and equality; however, they fail to consider a
substantial part of society who have conflicting religious convictions and liberty (Flores et al.,
2020). There needs to be a system put into place that balances protections against discrimination
on either side of the issue.
Personal Response
Can and when do civil rights infringe on civil liberties is a question that is imperative to
ask in the current political climate of the country. As the priorities and values of large and small
segments of the country have diverged, it has created an underlying conflict that has pervaded
many aspects of life, including legislation that impacts us all. With that as the reality, it is
CIVIL RIGHTS AND CIVIL LIBERTIES ASSIGNMENT 6
inevitable to avoid the fact that civil rights can and often do infringe on civil liberties. Many
examples of this can be tied to the LGBT topic. One example is teaching LGBT topics in school.
Some may say that this type of curriculum should be taught in schools and push it as their right,
and there are some school districts that have agreed and have introduced it as mandatory
curriculum; however, that is something that infringes on the right of religious freedom for
families. There are families that do not want this type of material discussed with their children,
and that right should be upheld. Another example is a LGBT couple who wants their wedding
cakes made by a bakery who upholds Christian principles; the couple is denied by the bakery and
then sues based on discrimination. This goes against the rights of the Christian bakery who are
trying to uphold their religious beliefs; however, in this case which happened in 2012, the courts
upheld the decision to infringe on the bakeries rights by fining them (Flores et al., 2020).
Beyond looking at the implementation of civil rights and civil liberties through a policy
viewpoint, it is imperative to analyze them through a Christian, biblical understanding. There are
numerous stories and scriptures in the Bible that detail the plights of people and call for the
protection of their humanity and rights. One such scripture is Psalm 82:3-4 which states “Defend
the poor and fatherless: do justice to the afflicted and needy. Deliver the poor and needy: rid
them out of the hand of the wicked” (King James Bible, 2022). This scripture illustrates the call
to action for all to help those who are affiliated; this speaks to the value of justice held by this
country. Another scripture that emphasizes the value of justice is Proverbs 31:8-9 which states
“Open thy mouth for the dumb in the cause of all such as are appointed to destruction. Open thy
mouth, judge righteously, and plead the cause of the poor and needy" (King James Bible, 2022).
This scripture calls for all individuals to advocate for the rights of those who are unable to
CIVIL RIGHTS AND CIVIL LIBERTIES ASSIGNMENT 7
defend themselves. It highlights the responsibility to stand up for justice and ensure that all
individuals are treated fairly and equitably.
Conclusion
Ultimately, it is difficult to fully understand and implement the principles of civil rights
and civil liberties in the United States. These principles are complex and comprise the foundation
in which this country was constructed; however, as society has gone through the natural process
of evolution, identities, priorities, and values have changed. These changes have led to division
and conflict. Throughout the history of this country, the pursuit of equality and justice often
required the protection and expansion of both civil rights and civil liberties. However, the
country is no longer able to stand solely on historical precedents, as it is now facing an ever-
growing number of contemporary challenges. Civil rights and civil liberties have become more
complex as the intricacies and nuances of modern-day life have increased. Policymakers need to
ensure that the efforts taken to address systematic inequalities do not infringe on individual
freedoms. It is possible to create an equitable society, but it must include the protection of both:
civil rights and civil liberties.
CIVIL RIGHTS AND CIVIL LIBERTIES ASSIGNMENT 8
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