Also known as: liberties · liberate · liberation · liberative · libertas · liberticide · liberi · liberti · libertini · freedom · personal liberty
Written by attorneys · grounded in primary & secondary sources — see below
A fundamental personal right consisting of freedom from arbitrary or undue governmental restraint on individual conduct and choice.
Lance Lee organized a public rally criticizing local officials. City police arrested him under a new ordinance banning such gatherings. The court held that the ordinance abridged Lance's liberty by imposing an undue restraint on his protected expression.
Lucia Lopez and her partner of another race sought a marriage license. State officials denied it under an anti-miscegenation statute. The court ruled that the statute violated their liberty by infringing the fundamental right to marry the person of their choice.
Lydia Lang refused a state-mandated smallpox vaccine during an outbreak. Health officials enforced the requirement with fines. The court held that the statute did not violate Lydia's liberty because the police power to protect public health justified the restraint.
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Leo Lang's parents sought his commitment to a mental institution. State officials acted on the request without neutral factfinding. The court ruled that Leo retained a liberty interest in avoiding unnecessary confinement and required due-process safeguards.
Luis Lopez requested a religious diet while incarcerated. Prison officials denied the request citing cost. The court held that the denial substantially burdened Luis's liberty and required the state to satisfy strict scrutiny under RLUIPA.
Lorenzo Lugo and his spouse disagreed over child-rearing decisions made inside their home. A neighbor sought court intervention to alter the arrangement. The court declined to intervene, recognizing the family's liberty to manage internal domestic affairs without governmental oversight.
The Fifth and Fourteenth Amendments prohibit deprivation of liberty without due process of law. These clauses safeguard individuals against arbitrary governmental restraints on personal conduct and choice.
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The decision recognizes that the freedom to marry a person of another race is a fundamental aspect of liberty that states cannot infringe. It subjects racial classifications affecting this right to strict scrutiny.
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Yes. Disabling restraints in donative transfers are invalid if they make alienation impossible for any period, but other restraints may stand when the policy favoring freedom of alienation does not reasonably apply under the circumstances.
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Courts generally refrain from regulating internal family affairs to preserve privacy and freedom from governmental interference in domestic decisions.
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…legal right. Second, if he has a right and that right has been violated do the laws afford him a remedy? The essence of civil liberty consists in the right of every individual to claim the protection of the laws whenever he receives an injury. It is a general rule that where there is a legal right there is also a legal…