Written by attorneys · grounded in primary & secondary sources — see below
Freedom from undue governmental interference or restraint. This protection most commonly encompasses rights to speech and religion.
Sources & Authorities
How it applies
Common Examples
6
Attorney Aids Rights Group
Cassandra Cooper contacted an attorney after state funding rules threatened to limit her nonprofit's workshops on voting access. The attorney agreed to handle the challenge at no fee because standard rates would force the group to cancel community programs. The representation allowed the organization to contest the restrictions without depleting its resources.
Couple Seeks Marriage Recognition
Christian Coleman and his partner sought a license to marry in their home state. State officials refused on the ground that only opposite-sex couples qualified. The couple sued, claiming the refusal violated their protected freedom from governmental limits on personal relationships.
Select any source to read its text and confirm it supports the definition.
Model Codes
Dictionaries
Obergefell v. Hodges576 U.S. 644 (2015)
Official Withholds Commission
Connor Clark received a signed presidential commission for a federal office but the Secretary of State refused to deliver it. Clark sued to obtain the document, asserting that the refusal violated his vested legal right to hold the position free from arbitrary executive interference.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Witness Invokes Privilege
Carmen Choi was called before a state commission and asked questions that could incriminate her. She refused to answer, claiming protection against compelled self-incrimination. The state sought to hold her in contempt for asserting this safeguard against governmental overreach.
Malloy v. Hogan378 U.S. 1 (1964)
Agents Conduct Warrantless Search
Claire Campbell's apartment was searched by federal agents without a warrant or consent. She sued the agents for damages, alleging the intrusion violated her right to be free from unreasonable governmental seizures of her home and papers.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Statute Restricts Online Speech
Corinne Cho operated a website that hosted discussions among adults on political topics. A federal statute required blocking access to material deemed indecent, with no reliable way for adults to bypass the filter. She challenged the law as an overbroad restriction on protected expression.
Reno v. American Civil Liberties Union521 U.S. 844 (1997)
Common questions
Frequently Asked
5
What is the essence of civil liberty according to foundational cases?+
The essence of civil liberty consists in the right of every individual to claim the protection of the laws whenever an injury is received. This principle ensures that government remains one of laws rather than of unchecked power.
Supporting sources
How does civil liberty differ from natural liberty?+
Natural liberty is the power to act without any restraint. Civil liberty arises when individuals enter society and trade a portion of natural liberty for security under laws enacted by consent.
Supporting sources
Does the Model Rule on pro bono services treat protection of civil liberties as qualifying work?+
Yes. The rule expressly permits lawyers to provide services at no fee or a substantially reduced fee to groups seeking to secure or protect civil liberties when standard fees would deplete the organization's resources.
Supporting sources
Can civil liberty claims support federal remedies against government agents?+
Yes. When federal agents violate constitutional protections that safeguard civil liberty, an injured party may seek redress through a damages action even without a specific statute authorizing the suit.
Supporting sources
How do courts balance civil liberty interests against public safety in injunction cases?+
Courts weigh the claimed invasion of privacy or property rights against evidence that the challenged practice reduces crime and protects third parties and the public at large.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…vested legal right. Second, if he has a right and that right has been violated do the laws afford him a remedy? The essence of civil liberty consists in the right of every individual to claim the protection of the laws whenever he receives an injury. It is a general rule that where there is a legal right there is also a legal…