Posted 08 May 2012
In the United States citizens are presumed to have unalienable rights which are supposed to be protected by laws and these civil liberties and the right to privacy are rooted in the Declaration of Independence and some are enumerated in the Bill of Rights.
Unfortunately, many Americans are not aware of their own civil liberties. You do not want to become so complacent that you let your expectation of privacy be taken from you. We need to be aware of our unalienable rights so that we can stand up for and maintain them.
The privacy laws embody many different legal concepts. For instance, it is against the law to disclose some private information, such as someone’s social security number, without his or her permission. If one party publicizes another party in a false light then the latter party has the right to sue for libel.
On the other hand, public figures and celebrities have less privacy than other people but the law surrounding the media is constantly evolving.
As ordinary citizens, here are some privacy rights for Americans:
[pullquote]Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[/pullquote]FIRST AMENDMENT
Most people around the world are familiar with the First Amendment to the Bill of Rights. It provides protection from established religion and protects our right to speak freely. It specifically protects one profession as they carry out their duty: The Press. We have every right to petition the Government with any problems we might have.
What many people do not understand is that this right is given to EVERYBODY because of their humanity so if you speak out against somebody else then they have the right to speak out against you in return.
[pullquote]No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.[/pullquote]THIRD AMENDMENT
When the United States of America was first founded soldiers would station themselves in homes without asking owners for permission first. There was also martial law going on during the Civil War. The Third Amendment is supposed to protect homeowners from the military.
Even though there is no evidence of blatant martial law going on now there are still some concerns that the Third Amendment will be compromised if we’re not careful. We need to maintain our right to be free from abusive government roommates.
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[pullquote]The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[/pullquote]FOURTH AMENDMENT
The Fourth Amendment is highly important and has its root clear back to Roman times. This hallmark amendment enumerates protection for people from unreasonable searches and seizures. There have been many cases of police officers and government officials entering into homes without warrants or probable causes.
Keep in mind that this amendment doesn’t just apply to your home but to your vehicle, articles, possessions and person as well. A lot of Americans feel that the increased airport security methods are breaking the Fourth Amendment and have taken to suing the TSA for sexual abuse.
FIFTH AMENDMENT
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
SIXTH AMENDMENT
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
[pullquote]In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.[/pullquote]SEVENTH AMENDMENT
These three amendments form the foundation of criminal procedural due process. We all have a fundamental right to be “innocent until proven guilty”, and these amendments (particularly the 5th) protect us accordingly.
It’s in the right of any American who is accused of a crime to have a speedy trial. The Fifth Amendment protects the accused from having to say anything incriminating about him or herself.
HOW TO MAINTAIN, NOT WAIVE, YOUR RIGHTS
If you ever have an encounter with a government agent or law enforcement officer then you will need to be proactive in maintaining your rights. Even talking to them can be a risky proposition. If you do interact with them always be calm and polite but assertive in protecting your rights. Here are three key phrases to raise the shield of protection offered by the Amendments:
Officer, I do not consent to any searches.
Officer, am I being detained or am I free to go.
Officer, I have nothing to say until I talk with an attorney.
OTHER CIVIL LIBERTIES
There are many anti-discrimination laws in the United States. Many of these laws, such as prohibitions on discrimination based on disability, race, religion or creed, are protected by federal law but can also vary from state to state.
Here are some of the civil liberties we need to make sure we always maintain:
CONCLUSION
The foundational legal documents in the United States of America have strong protections of unalienable rights to privacy. You may need to be proactive in asserting these rights so practice those important phrases often.
If you feel any of your civil liberties or privacy rights have been violated then you may want to contact an attorney so that you can initiate legal action.
Hopefully, you now have an idea of what privacy rights of Americans are protected by law and how the law can help you to take control of and protect your personal privacy.
And remember: ALWAYS go that extra mile to protect your personal information by implementing stealth tactics from sources in our privacy shop like How To Vanish The Book or the Free Privacy Guide.
