Both this and the freedom of speech issue you mention above are due to the complicating factors of active passive and first second order rights in addition to the positive negative distinction The rights to freedom of speech and religion are second order passive rights or immunities and they are negative forms thereof they say not merely that you are permitted to speak and practice your religion freely but that you may not be prohibited from doing so it is forbidden for anyone to make it forbidden for you to speak or practice your religion freely Such negative immunities protect your positive first order active rights liberties but are not identical to them This may need better explanation in the article but unfortunately I haven t the time to do it I think what we have now or had before someone apparently deleted it to day which I ve just reverted explains it accurately but could probably be put more clearly to avoid random readers like this from being thus confused