Individual liberty has undergone several changes since their enactment. Thus, this has made it hard to determine whether it is protected by the constitution effectively. This emanates from the fact that the constitution has progressively assented to some liberties while limiting others and these creates discrepancies and contradictions regarding its control of individual liberty. A case such as Chaplinsky v. New Hampshire, which took place in 1942, reveals some individual liberties that do not raise any constitutional quandary. Some of the liberties mentioned in that case include profanity, libel, insulting words, and lewd and obscene. Thus, it can be argued that the constitution to some extent protects individual liberty.
This paper explicates how the constitution protects individual liberty.
Some scholars argue that, in as much as the constitution is focused on protecting individual liberty efficiently, it cannot be attained since it is not easy to come up with a constitution that legislates moral standards. However, recently the scholars have accepted the possibility of a constitution that legislates moral standards because of successive cases that continue to validate computer simulated child pornography, shouting obscenities in unrestricted places, and nude dancing.
The constitution’s evident protection of individual liberty is also depicted in a case involving Cohen v. California in 1971. From this case, we notice how Cohen was granted First Amendment Protection as he attended a court session wearing a jacket with vulgar printings on it. Since then, the constitution bargained on moral relativism as the basis of individual liberty.
In conclusion, the constitution has tried immensely to ensure effective protection of human liberty. This is depicted through the constitution’s focus, to base individual liberty on moral relativism. In addition, successive cases have ensured effective protection of human liberty through assenting to nude dancing, shouting of obscenities in public places, and validation of computer-simulated child pornography.