The Tragedy of 9/11/01
Liberty and Security

Due ________ ..................................
80 points possible according to the "Yes Test"

Directions: Answer the EQ in a paper which follows the position paper assignment outline and YES Test.

Connections to make:

Historical Primary Socurces (citation of at least one required):

The Sedition Act of 1798	Ex Parte Milligan (1866)
Espionage Act of 1916	Korematsu vs United States (1944)

Listen to this first from NPR in Real Audio

• Liberty and Security Talk of the Nation June 17, 2002
  How much are you willing to sacrifice for safety? Since September we've been engaged in a national debate over civil liberties and the war against terrorism. Neal in this hour of the next Talk of the Nation from NPR News.
• Interactive: Patriot Act from CNN.com

Articles:

• Judge strikes down part of Patriot Act
  A provision of the Patriot Act that requires people who are formally contacted by the FBI for information to keep it a secret is unconstitutional, a federal judge ruled on Thursday.
• Court Limits Lawsuits Over Government Surveillance
  A federal appeals court has ruled that civil liberties groups have no standing to challenge President Bush's domestic eavesdropping program in court.
• Harassment of Muslims Rises
  Complaints registered with national civil rights group jumped 30% in 2005 from previous year.
• Young U.S. Muslims Strive for Harmony
  9/11 Spurred Action, Helped Define Beliefs
• Watching your every move
  So the National Security Agency has been collecting details on the dialing habits of tens of millions of Americans. The spy agency says it was trying to keep us safe when it embarked on a secret mission to monitor our calling patterns after the Sept. 11, 2001, terrorist attacks.
• Arizonans split on balancing privacy, security
• 'Ordinary Americans' Face New Scrutiny
  Since its enactment in 2001, the USA Patriot Act has spurred the FBI to probe tens of thousands of U.S. residents not alleged to be terrorists or spies.
• Patriot Act proposal alters death penalty
• 2 border governors take aim at security
  Napolitano, Sonoran chief announce anti-crime moves
• NYC Officials Reveal New Glimpse of 9/11
  - In thousands of pages of oral histories released Friday, firefighters describe in vivid, intimate detail how they rushed to save fleeing civilians from churning smoke and fire before the World Trade Center collapsed in a monstrous cloud of debris and choking dust.
• Public Debates Line Between Public Safety and Civil Liberties
• Liberal-conservative alliance seeks change in USA Patriot Act
  An unusual coalition of conservative groups and the liberal American Civil Liberties Union opened a public campaign Tuesday to scale back the enhanced surveillance powers granted to law enforcement after the Sept. 11, 2001, terror attacks. 03.23.2005
• Homeland Security warning unconstitutional
• Gonzales open to Patriot Act revisions- But says none should weaken the anti-terrorism tool
• FBI kept tabs on ACLU, others
  The FBI has thousands of pages of records in its files relating to the monitoring of civil rights, environmental and similar advocacy groups, the Justice Department acknowledges. 7.18.2005
• GOP balks at retaining sections of Patriot Act
  Jul. 14, 2005 12:00 AM
• First Amendment Gains Support as Post-9/11 Fears Ease
  USA TODAY -Mark Memmott-June 28, 2005
• House Votes To Curb Patriot Act
  FBI's Power to Seize Library Records Would Be Halted
• 44% in survey would curb U.S. Muslims' civil liberties
• House votes to extend Patriot Act - Democrats voice civil liberties concerns
• Secrecy provision frightens critics
  Civil liberties groups and advocates of open government are alarmed at a provision moving rapidly in Congress that would give a new national intelligence director power to keep information secret to protect intelligence "sources and methods." 10.23.2004
• YAHOO Search on the USA Patriot Act
• Judge Rules Against Patriot Act Provision
• George F. Will: High court must curb tyranny by government
  The U.S. Constitution, properly construed by a vigilant Supreme Court, prevents untrammeled power, which is the definition of despotism.
• National ID card recommended
  WASHINGTON - Sept. 11 commissioners told Congress on Monday they want the federal government to set standards for getting driver's
  licenses to make it harder for terrorists to fake their identities.
• 2003 Patriot Act used vs. common crime
  In the two years since law enforcement agencies gained fresh powers to help them track down and punish terrorists, police and prosecutors have increasingly turned the force of the new laws not on al-Qaida cells but on people charged with common crimes.
• Suit challenges constitutionality of anti-terror law
  The American Civil Liberties Union and six Muslim groups Wednesday brought the first constitutional challenge to the sweeping anti-terrorism legislation passed after the Sept. 11 attacks, arguing that the law gives federal agents virtually unchecked authority to spy on Americans.
• Ashcroft to defend Patriot Act
  Facing criticism, administration plans traveling counteroffensive
  - The Bush administration, facing increasing criticism of its anti-terrorism policies, is beginning an unusual counteroffensive this week to shore up support for the USA Patriot Act, which grew out of the Sept. 11, 2001, attacks.
• Police getting more leeway to watch political groups
  Even as civil libertarians challenge police surveillance of citizens, including anti-war organizers, judges and lawmakers across the nation are easing long-standing restraints on police in the name of homeland security.
• Civil liberties groups lose on surveillance
  An effort by a coalition of civil liberties groups to bring a Supreme Court challenge to the government's use of expanded surveillance authority under a post-Sept. 11 statute failed Monday.
• Supreme Court urged to restrict spying powers Civil liberties groups are using a long shot approach in an effort to get the Supreme Court to limit the government's power to spy, filing an appeal Tuesday on behalf of people who don't even know they're being monitored.
• Critics Decry Detention of M. Eastern Men
  A post-Sept. 11 federal registration policy that led to the detention of hundreds of Middle Eastern immigrants hurts more than it helps the war on terrorism, critics charged.
• Among other potential or actual erosions of liberty (due to 9/11) denounced by civil rights groups have been:
• Balance civil liberties, U.S. security
  The Bush administration asserts full executive powers to ward off terrorism at home while it diminishes the reach of federal regulatory agencies whose job it is to protect the public against dangers or abuses.
• What'll happen to our freedom?
• Act lets FBI examine our reading habits
  DALLAS - To many, it's the bedrock for all other American liberties: our right to read what we please without the government peering over our shoulders. Many also believe that Congress put this right in jeopardy six weeks after Sept. 11 when it passed the USA PATRIOT Act with almost no discussion or debate.
  http://www.azstarnet.com/star/today/20824NATTACKS-BOOKSNOOPS.html
• Expanded anti-terror powers rejected
  WASHINGTON - The secretive federal court that approves spying on terrorism suspects has refused to give the Justice Department broad new powers in the war on terror, saying the government had misused the law and misled the court dozens of times, according to an extraordinary legal ruling released Thursday. http://www.arizonarepublic.com/news/articles/0823secretcourt23.html
• Poll: U.S. Security More Important- Four in five Americans would give up some freedoms to gain security and four in 10 worry terrorists will harm them or their family, a new Gallup poll shows. JUNE 11,2002 08:11 ET http://wire.ap.org/?FRONTID=NATIONAL&SLUG=TERRORISM%2dPOLL
  
• FindLaw's Sanford Levinson on the U.S. Constitution in wartime
  Does law speak in time of war? And, if so, to whom, and how loudly? No question is more important to a polity that claims to be structured by constitutional norms
  http://www.cnn.com/2001/LAW/10/columns/fl.levinson.wartime.10.21/index.html
• Graphic showing the results of a poll which asks -- how the public feels about increasing government scrutiny
• Senate sends anti-terror surveillance bill to president
  The Senate passed sweeping anti-terrorism legislation Thursday. The measure it sent President Bush would expand the governments ability to conduct electronic surveillance, detain immigrants without charges and penetrate money-laundering banks.
  http://www.azstarnet.com/star/today/11026NANTITERROR-BILL.html
• House OKs new search powers -Senate now considers bill intended to stem terrorism
  The House approved legislation Wednesday to give police new search powers in response to last months terrorist attacks, including the ability to secretly search homes, tap all of a person's telephone conversations and track people's use of the Internet. http://www.azstarnet.com/star/today/11025nAttacks-TerrorLaws.html
• Big chill on campus free speech
  Around the country, college faculty members and staffers who express opinions on the terrorist attacks and United States and British bombardment of Afghanistan are facing rebuke in public and private, suspension and investigation. http://fyi.cnn.com/2001/fyi/teachers.ednews/10/13/academic.chill.ap/index.html
• Terror probe raises concerns about civil rights
  NEW YORK (CNN) -- As the U.S. investigation into the September 11 attacks continues, many civil libertarians said they are concerned about the possible violation of fundamental U.S. civil rights for those who have been arrested and detained. http://www.cnn.com/2001/US/10/22/inv.civil.rights/index.html
• NATIONAL ID CARDS -Privacy vs. Security http://www.azstarnet.com/star/today/11018identity.card-pmb2fjmd.html
  U.S. citizens would voluntarily agree to obtain cards. Those without them would be subject to more rigorous searches at airports. The cards would be mandatory for foreign visitors, including students on visas and noncitizens living and working in the United States who now carry "green cards."
• Civil liberties: expendable or not during war? (02-Oct-01) http://www.cnn.com/2001/fyi/news/10/02/civil.liberties/index.html
  As workers sift through the rubble that was the World Trade Center in New York City just weeks ago, many Americans are asking themselves how many personal liberties they are willing to sacrifice to prevent more terrorist attacks.
• SolicitorGeneral: Proposals will not violate rights - http://www.cnn.com/2001/US/09/25/rec.olson.cnna/index.html
• Freedomand Liberty - http://www.npr.org/ramfiles/me/20010925.me.04.ram
  Commentator Patt Morrison says the aftermath of Sept. 11 willtest the strength of the American people--and of the Constitution.
• Real Audio
  InTimes of Crisis, Law Speaks, but Often With a Forked Tongue
  Legal Times September 17, 2001  
  During war, there's a cacophony of legal noise, sounding all mannerof different notes. Maybe the noisiest legal reaction comes inthe laws that limit civil liberties. Noting this, Evan P. Schultzreviews the U.S. Supreme Court's response -- if even by silence-- to legal challenges to laws made during war time, and the rationalesoffered in support of upholding seemingly unconstitutional laws.
• Anti-terrorismproposals worry civil libertarians http://www.cnn.com/2001/US/09/25/inv.civil.liberties/index.html
• New compromise "Patriot Act" is still a threat to civil liberties - Congress should reject the proposed anti-terrorist "Patriot Act" -- which would greatly expand the federal governments surveillance, wiretapping, and detention authority -- because no new police powers are needed to effectively fight terrorism, the Libertarian Party said today.
• Anti-terrorism bills may come to vote soonhttp://www.cnn.com/2001/US/10/04/inv.antiterrorism.bills/index.html WASHINGTON (CNN) -- The Bush administrations anti-terrorism proposals are making progress in Congress after being slowed because of concerns from lawmakers and civil liberties groups that the measures would threaten constitutional rights.
• Senate passes anti-terrorism legislation
  http://www.cnn.com/2001/ALLPOLITICS/10/12/ret.senate.antiterror/index.html
  October 12, 2001
• House passes anti-terrorism law with changes from Senate version
  http://www.azstarnet.com/star/today/11013NAttacks-Congress.html
  The House on Friday quickly approved anti-terrorist legislation pushed by the Senate and White House to increase the governments power to spy on, detain and punish suspected terrorists.
• No law prevents Bush from 'taking out' bin Laden
  Untold thousands of Americans have been killed by terrorists on American soil. A veiled enemy has declared war on our nation and our way of life. The American people look to one person for answers and action: The president of the United States. What can he do? What should he do?
  http://www.cnn.com/2001/LAW/09/columns/fl.dean.war.ce.0930/index.html
• Bush promotes anti-terrorism bills (25-Sep-01)
  http://cnn.com/2001/US/09/25/inv.bush.fbi/index.html
  President Bush made a pitch for a new package of anti-terrorism laws Tuesday, saying the proposed legislation is a "measured" and"constitutional" response to the September 11 attacks.