Civil Liberties Program
FAQs
What are civil liberties?
Civil liberties are fundamental rights and freedoms protected by the Constitution of the United States. They protect individuals against undue government interference. Civil liberties are commonly thought of as the individual rights and freedoms provided in the first ten amendments to the U.S. Constitution, the Bill of Rights. To view the Bill of Rights, please click here.
What is an example of a civil liberty?
The U.S. Constitution provides multiple civil liberties including First Amendment freedoms of speech, assembly, press, and religion. To view civil liberties protected under the Bill of Rights, please click here.
What is DoD’s Civil Liberties Program?
In response to the terrorist attacks of September 11, 2001, Congress passed Public Law 110-53, “Implementing Recommendations of the 9/11 Commission Act of 2007.” This law codifies many recommendations of the 9/11 Commission including those that require DoD and other Federal agencies with anti-terrorism and law enforcement functions to safeguard civil liberties when sharing information.
In December 2009, DoD’s Civil Liberties Officer (Michael L. Rhodes, Director, DA&M) combined the Department’s civil liberties function with its longstanding Privacy Program to create the Defense Privacy and Civil Liberties Office (DPCLO). The DoD Civil Liberties Program assures Department-wide compliance with Section 803 of Public Law 110-53 by ensuring DoD appropriately considers privacy and civil liberties in its actions. It does this through advice, monitoring, official reporting, and training. The formal policy for the DoD Civil Liberties Program was signed by the Department’s Civil Liberties Officer on May 17, 2012, and is available here.
How do civil liberties differ from civil rights?
Civil liberties protect individuals against undue government interference. Civil rights, on the other hand, place an affirmative obligation on the government to protect individuals from discrimination based on race, ethnicity, age, sex, disability, genetic information, or religion.
The DoD Civil Liberties Program does not address civil rights given that its controlling law, Section 803 of Public Law 110-53, does not use the term “civil rights.” However, civil liberties and civil rights often overlap. For example, a civil rights complaint involving religious discrimination in the workplace might also implicate civil liberties if the complainant was disciplined by her employer for expressing religious beliefs that are protected by the First Amendment (i.e., freedom of religion).
Do civil liberties extend to Service members?
Yes. DoD military and civilian personnel are entitled to civil liberties, but they are not without limits. This is especially true for the military. DoD’s mission to protect the security of our country may necessitate the sacrifice by its Service members of some of the very rights it defends. For example, restrictions that limit Service members’ free speech are often justified given the military's interest to preserve order and discipline. The Supreme Court has identified the military as a specialized society that separates it from civilian society, and in many instances, entitles Service members to fewer speech rights than civilians.
Does DoD’s civil liberties report include personal or sensitive information?
No. Quarterly reports do not include Personally Identifiable Information (PII) such as an individual’s name, social security number, or address. Classified information is also excluded from reports. The controlling law for the DoD Civil Liberties Program only requires DoD to report the number, nature, and disposition of all complaints received. Therefore, no sensitive or classified information is included. To view copies of civil liberties reports submitted to Congress, please click here.