Civil liberties are the fundamental freedoms outlined by the constitution and the Bill of Rights, such as the right to practice any religion. Civil liberties are stipulated to protect individuals from the rule of tyrants, while civil rights are the primary legal rights formulated to protect individuals from any discriminatory actions because of disability, gender, race, nationality, or societal status. The right to remain silent is a civil right. Civil liberty intends to limit the powers entrusted to the government, while civil rights require that the government agencies collaborate to ensure equal treatment of all persons. Civil liberties are outlined within the first ten amendments of the Bill of Rights as constituted in the United States Constitution. Civil rights, on the other hand, are protected by the Fourteenth Amendment. Besides, civil rights are stipulated to protect and prevent the state government from violating the rights and liberties
Over the years, the Supreme Court has made rulings on cases affecting civil rights and civil liberties. According to Civil Liberties and Civil Rights. (n.d.), one of the cases presented to the Supreme Court concerning civil rights occurred in 1971 involving the New York Times and the government. The paper had published an article on the Pentagon paper coitizing the government it had taken during the Vietnam war. The government argued that the paper had violated national security. However, the publisher countered the case citing the freedom of the press and the need for the people to be informed. At the end of the case, the court upheld the rights of the press, dispute the decision being challenging to make as it involved national security and the rights of the press. The second is a civil liberty case involving the Mahanoy Area School District V. B.L., which was initially filed on September 25, 2017, involving a student expelled from the cheerleading team because of an out-of-school speech.
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Some of the cases have a historical impact on any subsequent cases as they will use the ruling as precedence for similar cases. Such rulings mostly take place either at the Supreme Court or the Court of Appeal. For example, in the 1971 case involving the New York Times versus the U.S. government, the court's decision to uphold the rights of the press is an outstanding feature as it protected the journalists. According to American Civil Liberties Union (n.d). the case involving the Mahanoy Area School District V. B.L., the court upheld the student's first amendment rights by protecting the student's right to free speech and privacy. It concluded that public schools could not censor the student's off-campus speech because it would interrupt any school activities.
The Supreme Court, at times, can have a vested interest in hearing a case. Hence, the file gets allocated to the Supreme docket. In both cases, the Supreme Court justices decided to hear the cases since they involve the authority undermining the rights of those under their jurisdiction instead of upholding the constitution. The Supreme Court protected the rights of the oppressed by upholding the First Amendment.
In the case involving the cheerleading student versus the school, the Supreme Court based its decision on similar ACLU-PA cases. The ruling states that the schools cannot punish their students for their off-campus speech due to fear of the potential impact of the sentiments as it does not materially damage the institution. On the other hand, the ruling on the 1971 case (New York Times company versus the United States) made it possible for the press to publish their articles without the fear of censorship. Based on the ruling, Justice Hugo says that the executive branch, judiciary, and congress are responsible for upholding the law. Hence, oppressing the press rights because of national security will destroy the first amendment, consequently destroying the security of the people and the liberty that the government intends to protect.
The impact of the Supreme court's decision to award free press in the New York Times ruling protected the press from any restraints that may be imposed by the government while ensuring the government is accountable for the decisions made. Also, the people are informed while stopping the government from deceiving its people. After analyzing the case, I concur with the Supreme Court as it is only through keeping the people informed, they will be able to make informed decisions on matters affecting their well-being. The ruling on both cases is crucial as it indicates the need to trust the judicial with the hope of getting justice while upholding the Bill of Rights within the court.
The New York Times case is of interest since it is related to civil rights and civil liberties. The case acting as a guide can be predetermined that the court will always protect the right of the citizens. Besides, the freedom of the press is closely related to freedom of speech as outlined in the constitution. Thus, with the oppression of the press, it would have been a matter of time before everyone needs to censor their speech for fear of incarceration.
In conclusion, as a result of the 1971 ruling, as a modern society, we get to be informed of the decisions made by the government. Thus, as a people, we can oppose some of the choices made by the executive. With the power of an informed and critical public opinion, then the values of democratic government will always be protected.
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References
Lumen: American government. What are civil liberties? Retrieved on May 1, 2021, from https://courses.lumenlearning.com/atd-monroecc-americangovernment/chapter/what-are-civil-liberties/
Civil Liberties and Civil Rights. (n.d.). UShistory.org. https://www.ushistory.org/gov/10.asp Accessed May 1, 2021.
American Civil Liberties Union (2021): ACLU Mahanoy Area School District V. B.L. Retrieved on May 1, 2021, from: https://www.aclu.org/cases/mahanoy-area-school-district-v-bl
