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After the 13 American colonies declared independence from Britain in 1776, they drafted the Declaration of Independence, which laid the foundations for American liberty. However, this founding document has been the subject of controversy. It famously states that "all men are created equal," yet at the time of writing, this did not include women, Native Americans, or enslaved people. Despite its contradictions, the Declaration set in motion the formation of a united America with liberty and rights at the core of its national identity.

Civil liberties in the United States refer to individual freedoms that protect citizens from government interference. These include freedoms such as speech, religion, and the right to a fair trial. Many civil liberties are protected under the Bill of Rights the first ten amendments to the Constitution which were ratified in 1791. For example, the First Amendment protects freedom of speech and religion, the Second Amendment protects the right to bear arms, and the Sixth Amendment ensures the right to a fair trial. These liberties are designed to safeguard individual autonomy and prevent government overreach.

In contrast, civil rights refer to the protection of groups from discrimination and ensure equal treatment under the law. Many civil rights protections are rooted in the Equal Protection Clause of the 14th Amendment, ratified in 1868 after the Civil War. Originally intended to guarantee former enslaved people equal protection under the law, this clause has since been used in key Supreme Court rulings to expand rights to other marginalised groups. For example, in Brown v. Board of Education (1954), the Court ruled that racial segregation in public schools was unconstitutional, marking a pivotal moment in the Civil Rights Movement. Similarly, in Roe v. Wade (1973), the Court interpreted the 14th Amendment’s right to privacy as including a woman's right to access abortion services.

These rights are protected through the structure of the US Constitution. The Founding Fathers established a codified constitution with checks and balances between the three branches of government: the executive, the legislature, and the judiciary. Citizens who believe their rights have been infringed can seek justice through the courts. Article III of the Constitution established the Supreme Court as the highest court of appeal. The Constitution also includes a deliberately complex amendment process, meaning that fundamental rights cannot be easily changed or removed by future governments. This has ensured a level of stability in the protection of rights.

While the Bill of Rights established fundamental liberties, it originally applied only to free men. Slavery still existed, and women had few political or legal rights. Over time, additional amendments extended these rights. The 15th Amendment (1870) prohibited the denial of voting rights based on race, while the 19th Amendment (1920) gave women the right to vote. However, efforts to pass the Equal Rights Amendment (ERA), which would have made it unconstitutional to discriminate on the basis of sex, failed. Although it was passed by Congress and ratified by 35 states, it fell short of the required 38 within the deadline set by Congress. The campaign for the ERA was led by pressure groups such as the National Organization for Women (NOW), and it remains a controversial and unresolved issue in US politics.

Pressure groups play a vital role in the promotion and protection of rights in the US and are seen as a legitimate extension of the right to free speech. They use a variety of methods to influence policy and public opinion. This includes fundraising to pay for campaign advertising, public campaigning both online and offline, organising marches and protests, lobbying Congress, and donating to political candidates. In addition, pressure groups often use the legal system to advance their causes, either by sponsoring legal cases or submitting amicus curiae briefs to courts. A prominent example is the group Alliance Defending Freedom, which represented the baker in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case concerning religious freedom and LGBTQ+ rights. The Supreme Court ultimately ruled in favour of the baker, citing First Amendment protections. Similarly, in the UK, the Christian Institute supported the bakery in Lee v. Ashers Baking Company, and the UK Supreme Court also ruled in favour of the baker on the basis of religious conscience.

Overall, the protection of civil liberties and civil rights in the US is deeply rooted in its constitutional framework, strengthened by judicial interpretation, and actively maintained by pressure groups. However, these protections have evolved over time and remain subject to political, legal, and social contestation.

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