Freedom is the ability to make choices and to carry them out. The words freedom and liberty mean much the same thing. For people to have complete freedom, there must be no restrictions on how they think, speak, or act. They must be aware of what their choices are, and they must have the power to decide among those choices. They also must have the means and the opportunity to think, speak, and act without being controlled by anyone else. However, no organized society can actually provide all these conditions at all times.
From a legal point of view, people are free if society imposes no unjust, unnecessary, or unreasonable limits on them. Society must also protect their rights—that is, their basic liberties, powers, and privileges. A free society tries to distribute the conditions of freedom equally among the people.
Today, many societies put a high value on legal freedom. But people have not always considered it so desirable. Through the centuries, for example, many men and women—and even whole societies—have set goals of self-fulfillment or self-perfection. They have believed that achieving those goals would do more to make people “free” than would the legal protection of their rights in society. Many societies have thought it natural and desirable for a few people to restrict the liberty of all others. This article discusses the ways that governments and laws both protect and restrict freedom.
Kinds of freedom
Most legal freedoms can be divided into three main groups: (1) political freedom, (2) social freedom, and (3) economic freedom.
Political freedom
gives people a voice in government and an opportunity to take part in its decisions. This freedom includes the right to vote, to choose between rival candidates for public office, and to run for office oneself. Political freedom also includes the right to criticize government policies, which is part of free speech. People who are politically free can also form and join political parties and organizations. This right is part of the freedom of assembly.
In the past, many people considered political freedom the most important freedom. They believed that men and women who were politically free could vote all other freedoms for themselves. But most people now realize that political liberty means little unless economic and social freedom support it. For example, the right to vote does not have much value if people lack the information to vote in their own best interests.
Social freedom
includes freedom of speech, of the press, and of religion; freedom of assembly; academic freedom; the right to due process of law; and equal protection of the laws.
Freedom of speech
is the right to speak out publicly or privately. Political liberty depends on this right. People need to hold free discussions and to exchange ideas so they can decide wisely on political issues. Free speech also contributes to political freedom by making government officials aware of public opinion. See Freedom of speech.
Freedom of the press
is the right to publish facts, ideas, and opinions without interference from the government or private groups. This right extends to radio, television, the Internet, and motion pictures as well as to printed material. Freedom of the press may be considered a special type of freedom of speech, and it is important for the same reasons. See Freedom of the press.
Freedom of religion
means the right to believe in and to practice the faith of one’s choice. It also includes the right to have no religion at all. See Freedom of religion.
Freedom of assembly
is the right to meet together and to form groups with others of similar interests. It also means that people may associate with anyone they wish. On the other hand, no one may be forced to join an association against his or her will. See Freedom of assembly.
Academic freedom
is a group of freedoms claimed by teachers and students. It includes the right to teach, discuss, research, write, and publish without interference. It promotes the exchange of ideas and the spread of knowledge. See Academic freedom.
Due process of law
is a group of legal requirements that must be met before a person accused of a crime can be punished. By protecting an individual against unjust imprisonment, due process serves as a safeguard of personal freedom. Due process includes people’s right to know the charges against them. The law also guarantees the right to obtain a legal order called a writ of habeas corpus. This writ orders the police to free a prisoner if no legal charge can be placed against the person. It protects people from being imprisoned unjustly. See Due process of law; Habeas corpus.
Equal protection of the laws
is a legal requirement that the laws apply equally to everyone regardless of differences in race, national origin, religion, gender, age, sexual orientation, wealth, or rank. The government cannot treat people unequally unless it has a legally defensible reason for doing so. This requirement seeks to fulfill the promise that no person shall unjustifiably have more freedom than another person.
Economic freedom
enables people to make their own economic decisions. This freedom includes the right to own property, to use it, and to profit from it. Workers are free to choose and change jobs. People have the freedom to save money and invest it as they wish. Such freedoms form the basis of an economic system called capitalism (see Capitalism).
The basic principle of capitalism is the policy of laissez faire, which states that government should not interfere in most economic affairs. According to laissez faire, everyone would be best off if allowed to pursue his or her own economic interests without restriction or special treatment from government.
Since the 1930’s, economic freedom has come to mean that everyone has the right to a satisfactory standard of living. This concept of economic freedom, sometimes called “freedom from want,” often conflicts with the principle of laissez faire. For example, government has imposed minimum-wage laws that limit the smallest amount of money per hour an employer can pay. Laws also protect workers’ rights to reasonable hours, holidays with pay, and safe working conditions. And if people cannot earn a living because of disability, old age, or unemployment, they receive special aid.
Limits on freedom
The laws of every organized society form a complicated pattern of balanced freedoms and restrictions. Some people think of laws as the natural enemies of freedom. In fact, people called anarchists believe that all systems of government and laws destroy liberty (see Anarchism). Actually, the law both limits and protects the freedom of an individual. For example, it forbids people to hit others. But it also guarantees that people will be free from being hit.
Reasons for limits on freedom.
The major reason for restricting freedom is to prevent harm to others. To achieve the goal of equal freedom for everyone, a government may have to restrict the liberty of certain individuals or groups to act in certain ways. In the United States, for example, restaurant owners no longer have the freedom to refuse to serve people because of race.
Society also limits personal freedom in order to maintain order and keep things running smoothly. When two cars cannot cross an intersection at the same time without colliding, traffic regulations specify which should go first.
Also, every person must accept certain duties and responsibilities to maintain and protect society. Many of these duties limit freedom. For example, a citizen has the duty to pay taxes and to serve on a jury. The idea of personal freedom has nearly always carried with it some amount of duty to society.
Limits on political freedom.
Democracies divide political power among the branches of government, between government and the citizens, and between the majority and minority parties. These divisions of power restrict various liberties. For example, citizens have the right to vote. As a result, elected officials must respect voter opinion. They are not free to govern as they please. A system called the separation of powers divides authority among the three branches of government—executive, legislative, and judicial. Each branch is limited by the others’ power. Majority rule does not give the majority party the liberty to do whatever it wants. No matter how large the majority, it can never take away certain rights and freedoms of the minority.
Limits on social freedom
prevent people from using their liberty in ways that would harm the health, safety, or welfare of others. For example, free speech does not include the right to shout “Fire!” in a crowded theater if there is no fire, thus causing a panic. Freedom of speech and of the press do not allow a person to tell lies that damage another’s reputation. Such statements are called slander if spoken and libel if written. Freedom of speech and of the press also do not allow fighting words (words that make a person want to strike in response) or hate speech (words based on prejudice that intimidate or make a person fearful).
The law also prohibits speeches or publications that would endanger the nation’s peace or security. Under certain conditions, it forbids speeches that call on people to riot. It also outlaws sedition (calling for rebellion).
In addition, many governments limit freedom of speech and of the press to protect public morals. For example, many states of the United States have laws against pornography (indecent pictures and writings). See Obscenity and pornography.
The government limits freedom of religion by forbidding certain religious practices. For example, it prohibits human sacrifice. It also bans polygamy (marriage to more than one person at a time), though Islam and other religions permit the practice.
Most other social freedoms can be restricted or set aside to protect other people or to safeguard the nation. For example, people may not use freedom of assembly to disturb the peace or to block public streets or sidewalks. The writ of habeas corpus may be suspended during a rebellion or an invasion.
Limits on economic freedom.
In the past, most governments put few limits on economic freedom. They followed a policy of not interfering in economic affairs.
But since the 1800’s, the development of large-scale capitalism has concentrated wealth in the hands of relatively few people. This development has convinced many people that government must intervene to protect underprivileged groups and promote equality of economic opportunity. Such beliefs have led to increased restrictions on big business and other powerful economic groups. For example, the Supreme Court of the United States once ruled that minimum-wage laws violated the “freedom of contract” between employer and employee. But today, laws regulate wages, hours, and working conditions; forbid child labor; and even guarantee unemployment insurance. Most people believe these laws protect economic freedom rather than violate it.
Economic freedom is also limited when it conflicts with other people’s rights or welfare. For example, no one is free to cheat others. The right of hotelkeepers to do what they choose with their property does not allow them to refuse a room to people of a certain race or religion. The freedom of manufacturers to run their factories as they wish does not allow them to dump industrial wastes into other people’s drinking water.
History
In ancient Greece and Rome,
only the highest classes had much freedom. By about 500 B.C., Athens and several other Greek city-states had democratic governments. Citizens could vote and hold office, but they made up a minority of the population. Women, enslaved people, and foreigners did not have these rights.
For many years, the lower classes could not hold public office or marry into upper-class families. Lowest of all were the enslaved, who, as a form of property, had no legal rights.
During the Middle Ages,
most people were peasants and had little freedom. Many peasants were serfs, who were not free to leave the estate where they lived. If the estate was sold or given away, they remained tied to it. Nobles had more freedom. Lower-ranking noblemen furnished troops and paid taxes to a higher-ranking nobleman called their lord. The lower-ranking noblemen were known as the lord’s vassals. Vassals had many important rights. For example, a lord had to call his vassals together and get their permission before he could collect extra taxes. Another custom called for disputes between a vassal and his lord to be settled by a court of the vassal’s peers—men of the same rank as he.
In 1215, King John of England approved a document called Magna Carta. This document made laws of many customary liberties. For example, it confirmed the tradition that the king could raise no special tax without the consent of his nobles. This provision brought about the development of Parliament. In addition, the document stated that no freeman could be imprisoned, exiled, or deprived of property, except as provided by law. The ideas of due process of law and trial by jury developed from this concept. Most important of all, Magna Carta established the principle that even the king had to obey the law. See Magna Carta.
In the Middle Ages, the Christian church restricted freedom of thought in Europe. The church persecuted Jews, Muslims, and others who disagreed with its beliefs. It restricted writings it considered contrary to church teachings. But church teachings also acted as a check on the unreasonable use of political power.
The Renaissance and the Reformation
emphasized the importance of the individual. As a result, people began to demand greater personal freedom. Anabaptists and other Protestant groups elected their own ministers and held free and open discussions. These practices carried over into politics and contributed to the growth of democracy and political freedom. In 1620, for example, the Pilgrims who settled in Massachusetts signed a document called the Mayflower Compact, in which they agreed to obey “just and equal laws.”
During the Enlightenment,
also known as the Age of Reason, many people began to regard freedom as a natural right. Parliament passed the English Bill of Rights in 1689. This bill eliminated many powers of the king and guaranteed the basic rights and liberties of the English people.
At the same time, the English philosopher John Locke declared that every person is born with natural rights that cannot be taken away. These rights include the right to life and to own property; and freedom of opinion, religion, and speech. Locke’s book Two Treatises of Government (1690) argued that the chief purpose of government was to protect these rights. If a government did not adequately protect the citizens’ liberty, they had the right to revolt.
In 1776, the American colonists used many of Locke’s ideas in the Declaration of Independence. For example, the declaration stated that people had God-given rights to “Life, Liberty and the pursuit of Happiness.”
As the Industrial Revolution spread during the 1700’s, the free enterprise system became firmly established. The Scottish economist Adam Smith argued for the laissez faire policy in his book The Wealth of Nations (1776).
During the 1700’s, three important French philosophers—Montesquieu, Jean-Jacques Rousseau, and Voltaire—spoke out for individual rights and freedoms. Montesquieu’s book The Spirit of the Laws (1748) called for representative government with separation of powers into executive, legislative, and judicial branches. Rousseau declared in his book The Social Contract (1762) that government draws its powers from the consent of the people who are governed. Voltaire’s many writings opposed government interference with individual rights.
The writings of these three men helped cause the French Revolution, which began in 1789. The revolution was devoted to liberty and equality. It did not succeed in making France a democracy. But it did wipe out many abuses and limit the king’s powers.
The American Revolution (1775-1783) won the colonies independence from Britain. In 1788, the Constitution of the United States established a democratic government with powers divided among the president, Congress, and the federal courts. The first 10 amendments to the Constitution took effect in 1791. These amendments, now known as the Bill of Rights, guaranteed such basic liberties as freedom of speech, press, and religion; and the right to trial by jury.
The 1800’s
brought into practice many beliefs about freedom that had developed during the Enlightenment. In 1830, and again in 1848, revolutionary movements swept over much of Europe. Many European monarchs lost most of their powers. By 1848, the citizens of many nations had won basic civil liberties and at least the beginnings of democratic government. These nations included Belgium, Denmark, and the Netherlands.
Most European nations also ended slavery during the 1800’s. In 1865, the 13th Amendment to the Constitution abolished slavery in the United States. The 15th Amendment, adopted in 1870, gave formerly enslaved people the right to vote.
Workers also gained many important rights during the 1800’s. Many nations, including Britain and the United States, passed laws that regulated working conditions in factories. Workers in several countries won the right to form labor unions.
The 1900’s.
After World War I ended in 1918, many European nations established representative democracies. A number of them also gave women the right to vote. The United States did so in 1920 with the 19th Amendment. By 1932, 16 European nations had become republics governed by elected representatives.
By the 1930’s, many people no longer believed that the simple absence of restrictions could make them free. Instead, the idea of freedom expanded to include employment, health, and adequate food and housing. In 1941, President Franklin D. Roosevelt reflected this broad view in his “four freedoms” message. He called for four freedoms—freedom of speech, freedom of religion, freedom from want, and freedom from fear—to be spread throughout the world.
In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. This declaration listed rights and freedoms that the UN thought should be the goals of all nations.
In the 1960’s, the civil rights struggle by Black Americans resulted in much important legislation in the United States. The 24th Amendment to the Constitution, adopted in 1964, banned poll taxes in federal elections. The Civil Rights Act of 1964 forbade employers and unions to discriminate on the basis of color, national origin, race, religion, or sex. The act also prohibited hotels and restaurants from such discrimination in serving customers.
In 1972, Congress passed the Equal Rights Amendment to the Constitution. The amendment would have guaranteed equality of rights under the law to all persons regardless of sex. However, it never took effect because it failed to win ratification from the states. Despite this failure, equality of rights for women has been achieved by the passage of protective laws and judicial decisions. Many scholars believe that the Constitution already guarantees equal rights to women.
In the late 1990’s and early 2000’s, gays and lesbians gained greater freedom in the United States. In 1996, the U.S. Supreme Court ruled that states may not ban laws that protect gay people against discrimination. In 2000, Vermont passed a law that granted same-sex couples living in civil unions the same legal rights and responsibilities as married couples in the state. In 2003, the Supreme Court ruled that state laws banning gay sexual relations were unconstitutional. In 2004, same-sex marriage became legal in Massachusetts. By 2015, more than half of all U.S. states had legalized same-sex marriage. That same year, the Supreme Court ruled in the case of Obergefell v. Hodges that the 14th Amendment to the U.S. Constitution required all states to grant same-sex marriages and to recognize same-sex marriages granted in other states.
