Then vs. Now: Surprising Legal Changes That Shaped Our Freedoms

It’s easy to imagine that the freedoms and opportunities we enjoy today in the United States have always been the norm. But a look back at our legal history tells a different story. Many rights and everyday experiences we now take for granted were once denied or restricted by law—sometimes shockingly so. Here are just a few examples of how American life has changed, thanks to landmark legal reforms and the tireless work of advocates.

Free Speech: From Banned Books to Broad Protection

Despite First Amendment protections, there was a nearly 200% surge in school book bans during 2023-2024 school year

Today, the First Amendment is celebrated for its robust protection of free speech. But for much of our history, those protections were far narrower. Classic novels like Lady Chatterley’s Lover, Fanny Hill, and Tropic of Cancer were once banned in the U.S. as “obscene”. The Comstock Act of 1873 made it illegal to mail “obscene, lewd, or lascivious” materials—including information about birth control. Even as late as the 1950s, courts routinely upheld bans on books and films. It wasn’t until a series of Supreme Court decisions in the 1950s and 1960s—culminating in Roth v. United States (1957) and later cases—that the Court began to limit the government’s power to ban materials simply because they were deemed offensive or immoral. Today, the standard is much more protective, and most speech—however controversial—is constitutionally protected.

Women’s Financial Independence: A Recent Revolution

It may be hard to believe, but until the 1970s, many American women could not open a bank account or apply for a credit card without a husband’s or male relative’s co-signature. Even after some states began to allow women to open accounts in their own names (California led the way in 1862), banks and credit card companies routinely denied women credit unless a man signed with them. This changed with the Equal Credit Opportunity Act of 1974, which made it illegal for creditors to discriminate on the basis of sex or marital status. Only then did women gain the legal right to control their own finances and build independent economic lives.

Voting Rights: Expanding the Franchise

Voting is a cornerstone of democracy, but for much of U.S. history, it was a right reserved for a privileged few. At the nation’s founding, only white male property owners could vote. Women were excluded until the 19th Amendment was ratified in 1920. Black Americans faced systematic disenfranchisement until the Voting Rights Act of 1965 began to break down legal barriers. Native Americans, Asian Americans, and young people also had to fight for the right to vote, with many gaining full access only in the mid-20th century.

Civil Rights and Equal Opportunity: From Discrimination to Protection

Peaceful protests: as American as apple pie

Workplace discrimination on the basis of sex, race, religion, or national origin was legal until the Civil Rights Act of 1964 made it unlawful. Before then, employers could—and often did—refuse to hire or promote women and minorities, pay them less, or fire them for discriminatory reasons. The Equal Pay Act of 1963 and subsequent laws have further expanded protections, though the fight for true equality continues.

Marriage and Family: Breaking Down Barriers

Laws once criminalized interracial marriage until the Supreme Court’s decision in Loving v. Virginia (1967) struck down such bans as unconstitutional. Same-sex relationships were illegal in many states until Lawrence v. Texas (2003) and marriage equality was only recognized nationwide after Obergefell v. Hodges (2015). These decisions dramatically expanded the freedom to marry and form families without government interference.

Education and Public Life: From Segregation to Inclusion

For decades, “separate but equal” was the law in public education, with Black students relegated to underfunded schools. The Supreme Court’s Brown v. Board of Education (1954) decision declared that “separate educational facilities are inherently unequal,” paving the way for school integration and broader civil rights reforms. Women, too, were often barred from serving on juries or participating fully in civic life until the late 20th century.

Why This History Matters

These changes didn’t happen by accident—they were the result of activism, advocacy, and the courage of those who challenged unjust laws. The League of Women Voters was founded to help women exercise their new right to vote and has fought for equality and justice ever since.

Looking back reminds us that progress is possible, but not inevitable. Rights can be won—and lost. By understanding how far we’ve come, we can better protect and expand the freedoms and opportunities that define American democracy.

Empowering Voters. Defending Democracy.
League of Women Voters of Bloomington, MN