The Fair Restriction Of Civil Liberties

1967 words - 8 pages

With the advent of a new age of Terrorism sweeping the world since the 9/11 attacks on America, much debate has followed as to whether the prevention of terrorist attacks should take prevalence over basic civil liberties enjoyed by any civilian of a liberal democracy. If we take the definition of civil liberties to be “Fundamental individual rights, such as freedom of speech and religion, protected by law against unwarranted governmental or other interference” , it is very hard to envisage a society in which both can exist.

The main argument for placing greater emphasis on the prevention of terrorism rather than on the protection of civil liberties is of course the protection of many lives which the prevention of a major attack would bring. After the 9/11 attacks on New York and Washington, President Bush allowed for the first time for the NSA to hack into the phones of any US resident in the process of collecting foreign intelligence on terrorism. This was a major step, as it infringes on residents fourth amendment rights to privacy, so is a clear case of putting the prevention of terrorism before civil liberties. Professor J. C. Eastman concluded in his analysis of the Congress and Department Of Justice reports, that under the Constitution and indeed approved by both historical and Supreme Court precedent, "the President clearly has the authority to conduct surveillance of enemy communications in times of war and of the communications to and from those he reasonably believes are affiliated with our enemies. Moreover, it should go without saying that such activities are a fundamental incident of war.” Eastman is a prominent law professor and politician, and so his knowledge and access to information on this subject is clearly relevant. However I know him to be a Republican supporter and so he was naturally lenient to the Bush administration. Nonetheless his expertise make his assessment of this valid, and we can see from this that in America at least, the presidential clemency Bush granted legally and with wide acceptance infringed upon the Bill of Rights in order to protect America from what Eastman claims to be “an act of war”, thus backing the proposed argument. However, it must be argued that although befitting, Eastman’s conclusions have been uploaded by an anonymous organizations press release primarily. It has then been uploaded by yet another anonymous member of society to the easily editable website, Wikipedia. The reliability of the information is therefore questionable at best, and the views of Professor Eastman may either have been tampered with in the most questionable of scenarios, or at the very least misquoted through the regurgitation of information.

Despite the trampling of civil liberties seeming plausible in even the most erroneous of circumstances, there remains the argument of creating unnecessary collateral damage combined with the progressive evolution of moderates into extremists as a result of misjudged...

Find Another Essay On The Fair Restriction of Civil Liberties

Bush's War On Terror and the Erosion of Civil Liberties

634 words - 3 pages Bush's War On Terror and the Erosion of Civil Liberties Nearly all the amendments in the Bill of Rights have been reduced since the beginning of the war. The fourth through eighth amendments have been especially hit hard by this “war.” Search & seizure, due process, a speedy and public trial with a jury, and cruel & unusual punishment have all been disregarded as part of the current administration’s policy. The “War On Terror” has

Impact of Terrorism on our Civil Liberties

2247 words - 9 pages the increase in the network infrastructure, some control was put on the internet and the phones of many people, wiretapping by the United States has caused much criticism toward the nation. Wiretapping and the filtering and monitoring the internet help the FBI and the government keep suspects in check without them knowing. The question arises, is wiretapping a form of a violation of civil liberties? The Patriot Act was put into effect after the 9

The American Civil Liberties Union (ACLU)

713 words - 3 pages Where do you go if someone is threatening your personal rights? Do yougo to the police, or maybe to the government? What if the police andgovernment are the parties threatening your rights? All you have to do is justcall the ACLU (American Civil Liberties Union). Sounds like a commercialdoesn't it. The ACLU blankets the United States with its legal protection. It isinvolved in so many aspects of the fight for civil liberties that it is difficult

The Patriot Act vs Civil Liberties

1191 words - 5 pages terrorists groups were innocent.” (Belanger, Newton 2). The patriot act weakens the right from protection of unreasonable searches the searches may be racist based on the person’s image. The people who were suspects of terrorism were accused of wrong doing. They had their civil rights taken away and they turned out to be innocent. It is not fair for people getting accused because they look a certain way. “The NSA’s inspector general reported

Civil Liberties versus the USA PATRIOT Act

1882 words - 8 pages and food for an indefinite period of time. The colonists were not given their civil liberties and felt that they could create a better government and it was just a matter of time before they would rebel against the British and form their own government. The colonists fought the American Revolution to gain the freedoms they rightfully deserved. Once America became a country, the founding fathers created the Constitution of the United States and the

Legality of the Patriot Act - A Theft of Civil Liberties or The Protection Of American Life

4600 words - 18 pages threat of terrorism which had taken root on Sept. 11th (ACLU: The USA PATRIOT Act). The passing of the Patriot Act has generated intense and heated debate among advocates for individual rights as well as those who believe in strict interpretation of the Constitution. Several prominent and prevalent groups, formed to protect the individual right of the American public, such as the American Civil Liberties Union (ACLU) and People For the American Way

The U.S. Patriot Act and the Risk of Losing Our Civil Liberties

1841 words - 8 pages The U. S. Patriot Act and the Risk of Losing Our Civil Liberties Ronterious K. Williams Keiser University The U. S. Patriot Act and the Risk of Losing Our Civil Liberties Terrorism has drastically affected our recent way of life. It has disrupted our way of life by just the thought of at any moment we could be hit again. We as a people to counter act this threat we turned to laws and policies that would change our

The USA PATRIOT Act of 2001: Need for National Security vs. Protection of Civil Liberties

1436 words - 6 pages responsibility first and foremost to protect its citizens from enemies foreign and domestic. However, for every proponent there is an equally passionate opponent who partially believe not only does the Act impede on civil liberties and individual rights but was an opportunistic ploy to grant excess power to the government in the wake of September 11th empathy. USA PATRIOT is what is referred to as a “backronym”, or a title from which is construed

Supreme Court Briefs - Civil Liberties, Cases and the First Amendment of the USA

1672 words - 7 pages Supreme Court Briefs - Civil Liberties The First Amendment gives United States citizens five distinct rights. One of which gives citizens the freedom of assembly. This right gives the individual right to come together and collectively express, promote, pursue and defend the common interest. There has been many Supreme Court cases that have defined this freedom for every citizen and the United States government. Edwards v. State of South

The Restriction of Literature in School Libraries

664 words - 3 pages that his grades had dropped, and that it was all because he was in a gang. The court ruled against Olesen, stating that the school district had a fair validation. The restriction of literature in school libraries is considered acceptable to many, but in fact it is not. Books should not be taken away from libraries or students just because they contained material thought to be inappropriate. In 1976, a censorship case took place in Long Island, New

Arguement for the Restriction of Advertisment

1950 words - 8 pages also “an evil”. No doubt that certain restrictions benefit the society in the long run more than letting loose the limits of advertisements. A restriction in advertising industry equally balances the weight of importance of society, economy and ethics. people have a clean insight on the things that are beneficial for them as they would not be mislead towards buying an inferior product. Moreover keeping the society and ethics hand in hand, ethics

Similar Essays

How British Military Measures And The Restriction Of Civil Liberties Prompted The Americans To Rebel

1296 words - 5 pages colonists to rebel the most. Parliamentary taxation was the foundation upon which the military measures and restriction of civil liberties were built. The Parliamentary tax angered the colonists, which caused them to rebel, thus causing the British to tighten their control over the colonists, which, as a result, caused them to rebel even more and eventually seek independence. The taxation factors, military factors, and liberty factors went hand-in-hand and ultimately led to the creation of a new, developing country which would very soon flourish after going through its fair share of problems.Bibliography:American History a Survey by Alan Brinkley

Tolerance Of Civil Liberties Essay

774 words - 4 pages The two articles I read both have to do with measuring political tolerance in civil liberties. The first was entitled “Trends in Political Tolerance” by James Gibson and the second entitled, “Does Knowledge of Constitutional Principles Increase Support for Civil Liberties? Results from a Randomized Field Experiment”, by Donald Green. While the first article looks into the trends over the last half century the second one focuses on randomized

Limiting Of Civil Liberties Essay

1005 words - 4 pages Should the Government Limit Individual Liberties During Wartime?Since the construction of the constitution, there have been discrepancies about it's boundaries. Specifically, when it comes to limitations of our civil liberties. Many cases have gone through the supreme courts pertaining to just this subject, from very large cases i.e. Korematsu vs. United States (arguing the constitutionality of FDR's executive order 9066) to the free speech

The Bill Of Rights And Protection Of Civil Liberties

822 words - 3 pages The Bill of Rights and Protection of Civil Liberties When the English came to America to escape religious persecution, things commenced at a shaky start. For example, Puritans fled from England because of religious persecution. They were being physically beaten because of their religious beliefs therefore they attempted to create a Utopia or "City upon a hill" in the New World. There "City upon a hill" began with a government