Final answer:
Civil liberties refer to freedoms from government interference, whereas civil rights involve government ensuring equal treatment under the law. The term 'civil liberties' deals with the 'what' right is being impacted, often requiring a balance between different protected rights and the general welfare of the community.
Step-by-step explanation:
The term civil liberties refers to the basic freedoms and rights that are guaranteed in the US Constitution, particularly in the Bill of Rights, and are designed to protect individuals from government overreach. These liberties include freedom of speech, freedom of religion, and the right to privacy, among others. In contrast, civil rights involve the positive actions governments must take to ensure equal treatment under the law for all citizens. This includes ensuring that individuals are not discriminated against based on characteristics such as race, gender, or disability.
Civil liberties often deal with the question of what right is being impacted. When resolving conflicts between rights, government bodies and the courts must bargain the boundaries and interactions between different rights and liberties. An example is the right to free speech versus the right to not be harmed; Justice Oliver Wendell Holmes's statement implies the need for limits on individual actions for the good of the community.
It is crucial to understand both concepts when examining how governments treat the individual and what responsibilities they have to protect and uphold these rights within society. As such, when challenges concerning civil liberties arise, it's essential to acknowledge the intricate balance required between individual freedoms and the collective good.