Articles Online - Civil Liberties vs. Security
Civil Liberties and National Security [back
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The links below explore the inherent tensions between civil liberties and national security.
"Anti-Terrorism Measures in the United States" A short description of measures provided for by the Patriot Act of November 2001. <http://www.hrw.org/wr2k2/us.html#Anti-Terrorism Measures in the United State>
"The Threat to Patriotism" A thorough analysis of the Patriot Act by legal scholar Ronald Dworkin. <http://www.nybooks.com/articles/15145>
"Protecting Dr. King's Legacy: Justice and Liberty in the Wake of September 11th" Nadine Strossen of the American Civil Liberties Union gave this testimony before the Congressional Forum on National Security and the Constitution. <http://www.counterpunch.org/strossen1.html>
"Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security" A forum discussing the danger to the civil liberties of Arab-Americans after the September attacks. {have .ram file on disk}
"In a Time of Terror, Protest Is Patriotism" Jim Hightower writes that it is only the people, not terrorists, who can destroy a democracy. <http://www.alternet.org/story.html?StoryID=11924>
"Crackdown" The New Yorker's legal correspondent voices his worries about the new antiterrorism legislation. <http://www.newyorker.com/fact/content/?011105fa_FACT2>
"National Security Trumps Civil Liberties" A new survey by NPR News shows that the vast majority of Americans are willing to forgo some civil liberties to fight terrorism and that they trust the government to do the right thing. <http://www.npr.org/news/specials/civillibertiespoll/011130.poll.conclusion.html>
"Tattletales for an Open Society " A professor's biting commentary on what the Patriot Act might mean for life on campus. <http://www.thenation.com/doc.mhtml?i=special&s=sherwin20020109>
"It's My Flag, Too" Bestselling novelist Barbara Kingsolver was attacked as unpatriotic when she criticized government's antiterrorism measures. Here she reflects on what that experience made her feel about the United States and the future it faces. <http://www.commondreams.org/views02/0114-03.htm>
"History of Civil Liberties" This NPR program compares the measures of the Patriot Act with measures taken during the two World Wars. <http://search1.npr.org/search97>
"I Pledge Allegiance" Mark Singer tells the story of the resurgence of patriotism and the school system of a liberal town. http://www.newyorker.com/fact/content/?011126fa_FACT1
"Political Dissent Can Bring Federal Agents to Door" An article from the Christian Science Monitor. "To FBI special agent Terrence Donahue and Steven Smith of the Secret Service, it was a routine mission to check out one of the more than 435,000 tips they have received since Sept. 11. To Ms. Huanca, whose gallery was opening 'Secret Wars,' an exhibit on US covert operations and government secrets, it was something else. 'What's anti-American about freedom of speech?' the docent blurted out." http://musiciansforpeace.org/librarydocs/politicaldissent.html
Military Tribunals [back to top]
It is not only citizens and legal or illegal aliens whose rights can be diminished in time of war. Prisoners of war and even U.S. soldiers can find themselves almost entirely at the mercy of military courts. While one commentator has said that "martial justice has always been to justice as martial music is to music," the provisions of the Patriot Act have raised concern even among those normally unbothered by the workings of military justice. The question of the military "tribunals" is debated in the links that follow.
"Let Military Panels Punish Terrorists" Two lawyers argue that granting civilian trials to prisoners of war interferes with the goal of war, which is to defeat the enemy. <www.latimes.com/news/nationworld/nation/la-092301richardson.story>
"American Civil Liberties Union press release, November 14, 2001" The ACLU notes that under the Patriot Act a defendant could be tried in secret and would have limited opportunity to confront the evidence against him and to choose his own lawyer. http://www.aclu.org/news/2001/n111401b.html
"Ashcroft On the Line" Richard Cohen writes in The Washington Post that by monitoring conversations between detainees and their lawyers, Attorney General John Ashcroft is creating "an American gulag." http://www.washingtonpost.com/wp-dyn/articles/A31711-2001Nov14.html
"Homeland Insecurity." Doug Valentine provides some historical perspective on the issue of the rights of Al Qaeda and Taliban POW's. During the Vietnam War, he reminds us, the CIA's Pheonix program considered anyone a terrorist suspect who had been accused by even one anonymous source. Suspects as young as twelve were indefinitely detained and sometimes tortured by the CIA. http://www.oz.net/~vvawai/general/homeland-insecurity.html
"The Military Tribunals on Trial" Aryeh Neier notes that the Patriot Act has undergone substantial changes as a result of constitutional challenges, and suggests that in practice terrorists will receive civilian trials. <http://www.nybooks.com/articles/15122>
The Patriot Act. The actual bill brought up before the House of Representatives otherwise known as U.S.A. Patriot Act, H.R. 3162. <http://www.politechbot.com/docs/usa.act.final.102401.html>
The Constitution of the United States of America. The document on which the government of the United States is founded and which lawyers, judges and others interpret in controversies such as that about civil liberties in wartime. <http://www.nara.gov/exhall/charters/constitution/constitution.html>
The Bill of Rights. The first ten amendments to the Constitution, which specifically concern the rights of U.S. citizens. <http://www.nara.gov/exhall/charters/billrights/billrights.html>
John Walker: The "American Taliban" [back to top]
A much-watched sideline to the controversy over the tribunals is the case of "American Taliban" John Walker. Walker was charged with conspiracy and aiding terrorists. Below are some views on the twenty-year-old "traitor.""'American Taliban' to Face Life in Prison" Time article outlines the story of John Walker and the charges he faces. <www.time.com/time/nation/article/0,8599,194191,00.html>
"Interview with John Walker Lindh's Lawyer" The American Taliban's attorney talks about his client and how he will defend him. <www.time.com/time/nation/article/0,8599,197611,00.html>
"Don't Pre-Judge John Walker" Marjorie Cohn criticizes the rhetoric of politicians who rush to judge the young U.S. citizen arrested in the company of the Taliban. <http://www.counterpunch.org/cohnwalker.html>
"Will John Walker's Statements Be Used Against Him?" Marjorie Cohn examines whether Walkers confessions were legally obtained. <http://www.counterpunch.org/walker2.html>
The Charges Against John Walker. The actual criminal complaint handed down in Federal Court. (requires .pdf reader) <news.findlaw.com/nytimes/docs/terrorism/uswlindh11502cmp.pdf>
