Know your rights · The basics
Who the Constitution covers, and who it doesn't
The Constitution limits the government. It does not limit your boss, an app, a store, or a landlord. Other laws sometimes do.
The one-line version
Your constitutional rights protect you from the government, not from private companies or people. Other laws can fill some of the gap.
The main idea
- The Constitution sets rules for the government: federal, state, and local.
- Courts call government action "state action." Constitutional rights apply to state action.
- A private company, a private school, or a person is usually not the government. The Constitution does not limit what they do.
- Other laws, passed by Congress or your state, often add protections in those places.
Where your constitutional rights apply
- Police and sheriffs
- Public schools and public colleges
- Government offices and courts
- The government as your employer, like a city, a state, or the post office
- Immigration agents and other federal agents
Where they usually don't
| Who | Does the Constitution apply? | Laws that may still protect you |
|---|---|---|
| A private employer | No | Federal law bans firing for race, color, religion, sex, national origin, or disability, and for age if you are 40 or older. It covers most employers with 15 or more workers. Labor law protects talking with coworkers about pay. |
| A social media app | No | The app's own rules. A few state laws. |
| A store or restaurant | No | Federal and state laws ban turning you away for race, color, religion, or national origin. The ADA bans turning you away for a disability. |
| A landlord | No | Fair housing laws ban discrimination in renting. |
| A private school or college | No | Civil rights laws, and the school's own rules. |
One exception
- The 13th Amendment bans slavery and forced labor by anyone, not only the government.
- It has one exception: work required as punishment for a crime.
- Federal law makes forced labor, including forcing someone to work off a debt, a crime.
Why this matters
- Knowing who you are dealing with tells you which rules apply.
- If a police officer stops you, your constitutional rights apply. See the situation cards.
- If your boss or an app treats you unfairly, the answer is usually in a law, not the Constitution. See At work and Posting online.
Common questions
Can a social media app remove my post? Isn't that free speech?
Yes, it can remove your post. The First Amendment stops the government from punishing your speech. A private app sets its own rules for what it allows.
Does the First Amendment protect me at work?
Only if you work for the government. A private employer can usually act on what you say. Some laws still protect you, like the right to talk with coworkers about pay.
Does the Fourth Amendment apply to a private school?
No. The Fourth Amendment limits public schools and police. A private school sets its own search rules, though police at a private school must still follow the Fourth Amendment.
Is there any part of the Constitution that applies to private people?
Yes. The 13th Amendment bans slavery and forced labor by anyone, not only the government. Its one exception is work required as punishment for a crime. Federal law makes forced labor a crime.