liberty

Freedom from all restraints except such as are justly imposed by law. Freedom from restraint, under conditions essential to the equal enjoyment of this same right by others; freedom regulated by law. The absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community. Brazo v. Connecticut Real Estate Commission, 177 Conn. 515, 418 A.2d 883, 890.

The "liberty" guaranteed and protected by constitutional provisions denotes not only freedom from unauthorized physical restraint, but embraces also the freedom of an individual to use and enjoy his faculties in all lawful ways, acquire useful knowledge, marry, establish a home, and bring up children, worship God according to the dictates of his own conscience, live and work where he chooses, engage in any of the common and lawful occupations of life, enter into all contracts which may be proper and essential to carrying out successfully the foregoing purposes, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free people.

See also liberty interest.

The "personal liberty" guaranteed by Thirteenth Amend., U.S.Const., consists in the power of locomotion without imprisonment or restraint unless by due course of law, except those restraints imposed to prevent commission of threatened crime or in punishment of crime committed, those in punishment of contempts of courts or legislative bodies or to render their jurisdiction effectual, and those necessary to enforce the duty citizens owe in defense of the state to protect community against acts of those who by reason of mental infirmity are incapable of self-control. Ex parte Hudgins, 86 W.Va. 526, 103 S.E. 327, 329.

Also, a franchise or personal privilege, being some part of the sovereign power, vested in an individual, either by grant or prescription. The term is used in the expression, rights, liberties, and franchises, as a word of the same general class and meaning with those words and privileges. This use of the term is said to have been strictly conformable to its sense as used in Magna Charta and in English declarations of rights, statutes, grants, etc. In a derivative sense, the place, district, or boundaries within which a special franchise is enjoyed, an immunity claimed, or a jurisdiction exercised. In this sense, the term is commonly used in the plural; as the "liberties of the city."

@ civil liberty

The liberty of a member of society, being a man's natural liberty, so far restrained by human laws (and no further) as is necessary and expedient for the general advantage of the public. 1 Bl.Comm. 125. The power of doing whatever the laws permit. 1 Bl.Comm. 6.

The greatest amount of absolute liberty which can, in the nature of things, be equally possessed by every citizen in a state. Guaranteed protection against interference with the interests and rights held dear and important by large classes of civilized men, or by all the members of a state, together with an effectual share in the making and administration of the laws, as the best apparatus to secure that protection.

See civil rights

@ liberty interest

An interest recognized as protected by the due process clauses of state and federal constitutions. U.S.C.A. Const.Amend. 5,14. Generally included are liberties guaranteed by the first eight amendments of the United States Constitution, as well as interests created when states either legislatively or administratively impose limitations on their discretion and require that a specific standard prevail in decision making. Adams v. Wainwright, D.C.Fla., 512 F.Supp. 948, 953

@ liberty of a port

In marine insurance, a license or permission incorporated in a marine policy allowing the vessel to touch and trade at a designated port other than the principal port of destination

@ liberty of conscience

Liberty for each individual to decide for himself what is to him religious. Gobitis v. Minersville School Dist., D.C.Pa., 21 F.Supp. 581, 584.

See, also, religious liberty, as defined below

@ liberty of contract

The ability at will, to make or abstain from making, a binding obligation enforced by the sanctions at the law. The right to contract about one's affairs, including the right to make contracts of employment, and to obtain the best terms one can as the result of private bargaining. Adkins v. Children's Hospital of District of Columbia, 261 U.S. 525, 43 S.Ct. 394, 396, 67 L.Ed. 785.

It includes the corresponding right to accept a contract proposed. There is, however, no absolute freedom of contract. The government may regulate or forbid any contract reasonably calculated to affect injuriously public interest. Atlantic Coast Line R. Co. v. Riverside Mills, 219 U.S. 186, 31 S.Ct. 164, 55 L.Ed. 167.

It means freedom from arbitrary or unreasonable restraint, not immunity from reasonable regulation to safeguard public interest; or the right to make contracts with competent persons on a plane of relative parity or freedom of choice and within the limits allowed or not forbidden by law. McGrew v. Industrial Commission, 96 Utah 203, 85 P.2d 608, 612.

See Art. I, No. 10, U.S. Constitution

@ liberty of speech

Freedom accorded by the Constitution (First Amendment of U.S.Const.) or laws to express opinions and facts by word of mouth, uncontrolled by any censorship or restrictions of government. As used in Constitution, "freedom of speech" means freedom cf speech as it was understood by the common law when the Constitution was adopted. State v. Boloff, 138 Or. 568, 7 P.2d 775, 781.

See however clear and present danger doctrine.

See also symbolic speech

@ liberty of the globe

In marine insurance, a license or permission incorporated in a marine policy authorizing the vessel to go to any part of the world, instead of being confined to a particular port of destination

@ liberty of the press

The right to print and publish the truth, from good motives and for justifiable ends, as guaranteed by First Amendment of U.S. Constitution. Kline v. Robert M. McBride & Co., 170 Misc. 974, 11 N.Y.S.2d 674, 679.

The right to print without any previous license, subject to the consequences of the law. The right to publish whatever one may please, Knapp v. Post Printing & Publishing Co., Ill Colo. 492, 144 P.2d 981, 985;

and to be protected against any responsibility for so doing except so far as such publications, from their blasphemy, obscenity, or scandalous character, may be a public offense, or as by their falsehood and malice they may injuriously affect the standing, reputation, or pecuniary interests of individuals. Immunity from previous restraints or [from] censorship. Grosjean v. American Press Co., 297 U.S. 233, 56 S.Ct. 444, 449, 80 L.Ed. 660; Near v. Minnesota, 283 U.S. 697, 51 S.Ct. 625, 75 L.Ed. 1357.

See censor

- censorship

- prior restraint

@ liberty to hold pleas

The liberty of having a court of one's own. Thus certain lords had the privilege of holding pleas within their own manors.

@ natural liberty

The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. The right which nature gives to all mankind of disposing of their persons and property after the manner they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere with an equal exercise of the same rights by other men. 1 Bl.Comm. 125.

@ personal liberty

The right or power of locomotion; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law. Civil Rights Cases, 109 U.S. 3, 3 S.Ct. 42, 27 L.Ed. 835.

@ political liberty

Liberty of the citizen to participate in the operations of government, and particularly in the making and administration of the laws.

@ religious liberty

Freedom, as guaranteed by First Amendment of U.S. Constitution, from constraint, or control in matters affecting the conscience, religious beliefs, and the practice of religion. Freedom to entertain and express any or no system of religious opinions, and to engage in or refrain from any form of religious observance or public or private religious worship, not inconsistent with the peace and good order of society and the general welfare.

See also freedom of religion

- religion

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