When must an individual's liberties be limited?

These liberties, recognized as belonging to both adults and children, are commonly known as fundamental rights—that is to say, rights which the population is entitled to fully enjoy without government intrusion. Nevertheless, the proper exercise of these liberties, taken in conjunction with the need for public order, national security, the preservation of moral values, as well as respect for the rights of one’s fellowman—all of this necessarily entails that some restrictions be placed upon these liberties.

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We have considered three principles for drawing the limits to individual freedom, viz., the cost, harm and Pareto principles. But it can be seen from our set of counter-examples that they all get it wrong. Civil liberties protect us from government power. They are rooted in the Bill of Rights, which limits the powers of the federal government. The government cannot take away the freedoms outlined in the Bill of Rights, and any action that encroaches on these liberties is illegal.

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