Civil Liberties vs Civil Rights: Difference and Examples

Civil liberties shield personal freedoms from government overreach, and civil rights guard against discrimination. This article covers legal sources, liability, and examples in schools, housing, workplaces, and public agencies.

By Brad Nakase, Attorney

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Table of Contents

1. Introduction

2. Civil Rights vs Civil Liberties

3. Overview of Civil Rights

4. Examples of Violations of Civil Rights

5. A Synopsis of Civil Liberties

6. Restrictions on Civil Rights and Liberties

7. Non-fundamental Civil Interests vs. Civil Rights

Introduction

The US legal system safeguards people’s interests in two ways. Civil liberties and civil rights. The general public uses these terms interchangeably and often blurs the differences. They have two quite distinct legal meanings, though.

This article explains the difference between civil liberties and civil rights with simple examples.

Civil Rights vs Civil Liberties

1. Primary Purpose

Civil Rights

Prevent discriminatory practices.

Civil Liberties

Defend you from a repressive government.

2. Primary sources of law

Civil Rights

The U.S. Constitution’s Civil Rights Amendments are the source of the majority of civil rights.

Civil Liberties

The U.S. Constitution’s Bill of Rights is the main source of civil liberties.

3. Who can be held liable

Civil Rights

In contrast to civil liberties, civil rights legislation has the authority to hold both individuals and governmental actors accountable for any infractions. The extent of the legislation and the specific discriminatory behavior determine liability.

Civil Liberties

According to the Bill of Rights, only a government agency can be held accountable for violating a civil liberty.

Overview of Civil Rights

Civil rights are constructive measures taken by the government to guarantee equal opportunity for everybody. Additionally, it enables everyone to take part in society and receive the same treatment and benefits from the government. Without civil rights, no one is protected from prejudice, unfair termination, incarceration, and other threats.

Civil rights guarantee that everyone is treated equally in a democratic nation. This is particularly true for members of society’s underprivileged groups. Several laws serve as the foundation for the various protected categories. This includes the FHA, the ADA, & the Civil Rights Act. Nobody may be subjected to discrimination on the basis of their protected traits.

It is unlawful to discriminate against members of the protected classes. You have the right to make a complaint if you think you have experienced discrimination because of your protected trait. Civil rights abuses frequently occur in public sectors. It could be in offices, public schools, government buildings, or commercial spaces.

Examples of Violations of Civil Rights

1. At work

Because of their national origin, gender, race, sex, age, or handicap, certain persons are not hired. Employers are also unable to demote or fire workers for the same reasons.

When a coworker, the manager, or the supervisor of another team creates a workplace that is intimidating or hostile to compel other members of the protected class to quit, it is another instance of discrimination in the workplace. Another infraction is receiving a lower salary due to a disability, even if the person is competent for the position.

2. In housing

Housing cannot be refused on the basis of a person’s ethnicity, religion, sex, or family status. Having a pet is a legitimate excuse for rejection. However, you have an infringement of civil rights complaint if you think the rejection was due to any of the aforementioned reasons. This also applies to purchasing, selling, or obtaining a loan for a house.

3. Using Too Much Force

Over 85,000 law enforcement officials have been under investigation for misbehavior in recent years, according to publications from the USA TODAY Network. Over 22,000 of these 85,000 cases resulted from the use of excessive force. The victims typically fit into one of the following categories: sexual orientation, national origin, ethnicity, or color.

A Synopsis of Civil Liberties

Civil liberties are safeguards against the actions of the government. For instance, everyone is free to select and follow their own religion. People’s freedom to practice their religion cannot be restricted by the government. You ought to know the difference between civil liberties and civil rights.

Civil liberties constitute your rights & freedoms that are protected by the Bill of Rights. The Constitution safeguards it. Among the civil liberties are the following:

Freedom to/of/against:

Speech
Religion
Vote
Press
Unauthorized inspections of your house or property
Keep quiet when being questioned by the police
Have a just legal proceeding

The various forms of assured protection are the primary distinction between the two. Therefore, civil rights are constructive measures taken by the government to ensure that everyone has equal chances. Civil liberties are safeguards against the actions of the government.

Gay marriage is a civil right, whereas the right to get married is a civil liberty. Therefore, regardless of your sexual orientation, you’ve got the right to marry. Your civil rights will be violated if the clerk rejects the marriage at all. However, there is a violation of civil rights if the clerk rejects the marriage on the grounds that it is a same-sex union.

Another instance is at school. Everyone is entitled to an education as a civil liberty. Your right to an education is therefore infringed if the institution rejects you outright. However, if the school rejects you or only admits someone else because of a protected category (race, sex, gender, etc.), your civil rights are infringed. Furthermore, your rights are infringed if you are denied the same educational resources as everyone else because of the color of your skin.

It is not possible to hold a private company accountable for breaching a civil liberty when they fire an employee for raising a public issue. On the other hand, if a government worker was fired for the exact same reason, they may file a lawsuit claiming that the First Amendment protected their speech.

Civil rights can be violated by both private individuals and governmental entities, unlike civil liberties. A private business violates the Civil Rights Act (Title VII) if it declines to hire a candidate due to their race, religion, gender, or any other protected trait.

Restrictions on Civil Rights and Liberties

Despite the lengthy histories of both civil rights & civil liberties, the clear distinction between the two concepts is a relatively recent & occasionally contentious development.

The ability to yell “fire” in a packed theater is arguably the most well-known instance of a controversial civil liberty. The government may penalize someone for putting the public in danger even if it appears to be protected according to the First Amendment’s guarantee of free speech.

Although civil rights and liberties may make it appear like they are above the government to regulate, no rights are immune from government intrusion.

A proper understanding of the difference between civil liberties and civil rights can clarify many legal concepts.

Non-fundamental Civil Interests vs. Civil Rights

A law’s purported creation of a civil right and civil liberty does not guarantee that it will be upheld in reality.

You may have certain rights specified in black and white, but there isn’t a civil right, just a non-fundamental civil interest, without a full defense of legal remedies, which range from financial damages to law enforcement.

People who have a non-fundamental civil interest are less protected by the law and have fewer options to address any infringements. The complainant can still prove that the defendant violated the law if it solely establishes a civil interest, but there may be significantly fewer options for enforcing the law. Legal scholars often analyze the difference between civil liberties and civil rights in constitutional cases.

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