Everyone is buzzing over civil rights.
Your rights, my rights, their rights.
What exactly are civil rights?
Well the dictionary at http://www.answers.com/topic/civil-rights defines civil rights as follows.
"pl.n.
The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the U.S. Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination."
adj. or civ·il-rights (sĭv'əl-rīts')
- Of or relating to such rights or privileges: civil rights legislation.
- Of or relating to a political movement, especially during the 1950s and 1960s, devoted to securing equal opportunity and treatment for members of minority groups.
1. Civil rights are something that is guaranteed by CITIZENSHIP.
2. The U.S. Constitution & CONGRESS determines what is or is not a civil right.
Particularly when in the United States we are referring to certain rights guaranteed by the U.S. Constitutions particularly Amendments 13 and 14 and other subsequent acts of CONGRESS (includes the bill of rights).
The president does not determine what civil rights consist of or to whom they are guaranteed. The Department Of Justice (DOJ) also is not the branch of government which determines what is or is not a civil right, or to whom it is guaranteed. So to declare a legal right to 'civil right's' one MUST believe in the legal validity of our constitution as a legal document which dictates what the government and it's agencies can or can not do, require or perform in regard to it's CITIZENS.
So what are our civil rights as guaranteed by the U.S. Constitution?
Amendment 13 - No Slavery.
The Thirteenth Amendment to the United States Constitution outlaws slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, by the House on January 31, 1865, and adopted on December 6, 1865.Read more on the 13th Amendment at http://en.wikipedia.org/wiki/Thirteenth_Amendment_to_the_United_States_Constitution
Amendment 14 - No discrimination of citizenship status based on race.
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Its Citizenship Clause provides a broad definition of citizenship, overruling the Supreme Court's decision in Dred Scott v. Sandford (1857), which had held that people of African descent could not be citizens of the United States.[1] Read more on the 14th Amendment at http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
3. To be a citizen you can not be subject to any foreign power.
The 14th amendment consists of a citizenship clause http://en.wikipedia.org/wiki/Citizenship_Clause“not subject to any foreign power”
Note: The Civil Rights Act of 1866 had already granted U.S. citizenship to all persons born in the United States "not subject to any foreign power."
4. Citizens are guaranteed 'due process' as a civil right.
It also consists of a due process clause http://en.wikipedia.org/wiki/Due_Process_ClauseThe Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. Take note certain government agencies like the IRS, DHS, DOJ have been under scrutiny lately for overstepping their authority and depriving citizens of 'due process' which is a violation of civil rights. Some have also been accused of targeting persons or groups based on their political belief's affiliation and or religion.
The recent scandals in the news about the IRS targeting individuals based on their religious and or political beliefs or associations is most certainly a violation of the 14th amendment due process clause. http://bigstory.ap.org/article/irs-apologizes-targeting-conservative-groups Recently articles have been published on the Internet and through various media that the Department of Justice (DOJ) has stated that making any statement on social media could be a violation of Civil Rights of those persons. http://nation.foxnews.com/2013/05/31/holder-trashing-muslims-may-violate-civil-rights
5. Citizenship once attained may be lost by only two methods.
1. Voluntary renouncing of one's citizenship.2. If it is proven that applicant committed fraud in the application for citizenship.
Loss of 14th-Amendment-based U.S. citizenship is possible only under the following circumstances:[23]
- Fraud in the naturalization process. Technically this is not loss of citizenship, but rather a voiding of the purported naturalization and a declaration that the immigrant never was a U.S. citizen.
- Voluntary relinquishment of citizenship. This may be accomplished either through renunciation procedures specially established by the State Department or through other actions (e.g., treason) which demonstrate an intention to give up U.S. citizenship.[24] Such an act of expatriation must be accompanied by an intent to terminate United States citizenship.[25]
Is it legal for the government or any of it's agencies to selectively promote or protect a religion above others while not giving all other religions the same equitable due process or protections? No.
Why ?
Because Amendment 1 states:
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.
The government can not make any law controlling the establishment of any religion.
The government can not make any law prohibiting free exercise of religion.
The government can not make any law prohibiting free speech
The government can not make any law prohibiting the press (to publish) news and or information.
The government can not make any law or to prohibit peaceful assembly of the people
The government can not make any law to stop the people from petitioning the government (complaining and seeking) a 'redress of grievances'.
So the department of justice (DOJ) is completely out of line when they state that it violates the civil rights of some persons for other persons to post items on the internet objecting, complaining or ridiculing that person's beliefs.
Those offended can 1. ignore the other person's opinions. or 2 Post their own opinions defending, explaining or accusing the other person or party. So long as their is not a physical attack on the persons actual body, or their real property to damage that then there is no criminal activity but instead it is the exercise of one's civil rights.
Read more about the bill of rights and U.S. Constitution at the following sites.
BILL OF RIGHTS - transcript
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
BILL OF RIGHTS
http://www.archives.gov/exhibits/charters/bill_of_rights.html
US Constitution
http://www.archives.gov/exhibits/charters/constitution.html
Cornell University of Law School
http://www.law.cornell.edu/lii/get_the_law
Some may say that recent articles published about possible prosecution of persons posting about the Muslim religion ( or Islam) could possibly be prosecuted as a violation of their civil rights. I disagree.
http://americanjihaddefense.com/2013/05/31/doj-says-speaking-out-against-islam-could-violate-civil-rights/
The only law that I believe might even come close to that would be the federal hate crime laws.
ABOUT Hate crime laws in the United States protect against hate crimes (also known as bias crimes) motivated by enmity or animus against a protected class. Although state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's protected characteristics of race, religion, ethnicity, nationality, gender, sexual orientation, gender identity, and disability. The U.S. Department of Justice (DOJ)/FBI, as well as campus security authorities, are required to collect and publish hate crime statistics.
Before that would apply a CRIME has to be committed.
SPEECH or Publication of thoughts (press) online or otherwise is not a crime and is guaranteed by the U.S. Constitution.
IF a actual crime is committed though such as a beheading, bombing or some other crime perpetrated upon a person or persons because of the victims religious views, race, gender, sexual orientation or political affiliation it would then be a HATE CRIME.
However, if this is so then in order not to violate the civil rights of other citizens this would have to be applied fairly and across the board to all persons regardless of race, gender, or religion. You can not selectively protect or persecute persons who criticize Islam or Muslims if you do not protect Christians or Jews or any group from criticism or slander in a equal manner.
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