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Civil Liberties Case Study

489 Words2 Pages

"In time of war, the lot is silent " Cicero. The U.S government should have the right to violate citizens ' civil liberties in the name of national security, but only when necessary. Civil liberties are fundamental individual rights and freedoms which are protected by law against governmental interference. Some example of civil liberties are the 1st amendment and the right to privacy. National security is protecting and countries territory and people from invasion and other threats. One example is in case study three when the FBI wanted records of dive shops. Another example is in case study for when the government cup Poindexter seek really selling arms to Iran. One of example of why civil liberties violate citizens rights is one in World War II the Japanese internment. So the US government should and should not have the right to Violate …show more content…

The FBI thought that Afghan war prisoners were underwater trying to spy on American targets. Yes, the FBI was violating the rights of privacy, but if they had not done that then we could 've had another terrorist attack. The FBI wanted records of the shops but the dive shops wouldn 't let them have the records. The government position makes sense because if they didn 't once who let them see the records then they obviously have something to hide. If the dive shops had nothing to hide then they could 've easily handed over the records. In case city for the patriot act case study it was talking about Poindexter vs the government. They said that Poindexter was selling secret arms to Iran. The right of privacy is the constitutional issue in this case. The government side was that they secretly found him stealing arms. The government involved the right of privacy on poindexter side. The government side makes sense because he could 've been part of a terrorist

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I agree that certain acts are ridiculous and unconstitutional, but I also feel that some acts are implemented to keep us safe. It seems there is a very thin line when it comes to violating the constitution, and the government sometimes crosses that line. The problem is that no one knows exactly where the line is, and different people have different views on where the the line is drawn. What I think seems necessary for national security is definitely not going to be the same as what every single American citizen thinks. The key is to educate ourselves on the matter and make our own choices when it comes to constitutionality.

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Oliver Wendell Holmes once wrote, “The most stringent protection of free speech would not protect a man in falsly shouting in a theatre and causing panic.” Similarly, the Supreme Court’s ruling to arrest Schenck was wrong, and a U.S. citizen should be allowed to protest a war or draft in times of war. Specifically, the Espionage Act violated the first Amendment, Charles Schenck, whom was arrested after violating the Act, was indicting no violence, and the Act violated the 13th Amendment. First, citizens in the U.S. being allowed to protest wars or drafts specifically shines through since the Espionage Act violates the 13th Amendment.

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Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the

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People against the Patriot Act believed it violated the citizen 's right to the Fourth Amendment; while others made a highly controversial point with the allowance for the FBI to make a procedure of any tangible things, including: books, records, papers, documents, and other items for an investigation against international terrorism (EPIC - USA PATRIOT Act (H.R. 3162). (n.d.). With access to tangible objects such as books and records, libraries felt the Patriot Act targeted them. Section 215 of the USA Patriot Act allows the government to secretly obtain library records without any reason to believe a person of suspicion are involved in any illegal activity. Furthermore, the primary source of the act wasn 't targeted towards libraries, but towards the consequences the terrorists would face for their acts of

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Per this rule, the issue is a violation of the Fourth Amendment. David Riley was driving with expired tags when he was arrested. The police impounded the car when they realized that his license was suspended. Policy states that when a car is impounded, an inventory search must be conducted. He was arrested for possession of loaded firearms.

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The American Constitution gives U.S. citizens basic civil liberties that provide protection from the federal government through the Bill of Rights and the Amendments added throughout American history. However, the national government has repeatedly taken away these significant liberties during a war, and in this era the government’s war on terrorism stirs up controversy all over the globe after the attacks on the World Trade Center and the Pentagon on September 11, 2001. Supporters of the government’s detainment of non-citizens and the NSA’s surveillance of data Internet Service Providers--for example, claim that being secure and safe takes priority over established values. In the anthology Rereading America, Gary Colombo’s The Myth of Freedom;

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An illustration of this would be the passage of the Patriot Act in the wake of the terrorist attacks on September 11, 2001. The Patriot Act granted law enforcement agencies expanded authority to search and monitor anyone suspected of involvement in terrorist activities without obtaining a warrant from a judge. This was considered an infringement on civil freedoms since it allowed the government to conduct surveillance on its citizens without first providing them with a fair

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Some people may think that the 14th amendment does a poor job of protecting people’s rights. In document five it explains how on September 11, 2001,with the terrorist attacks on the World Trade Center, it has caused video surveillance in the United States to increase. For example the U.S has programs that use facial recognition that help match photographs of criminals faces to the criminal. Another program that we use helps prevent suicide bombers from attacking. Some people may think that prevention of terrible events reoccuring or occurring is a good thing, but using security systems everywhere may be a violation of their rights and privacy.

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Another recent court case that remarkably challenges the Fourth Amendment is, Riley v. California. The case covered the right of officers to obtain information from cellular devices. The case ended with the need for warrants to be issued to legally search cellphones. There are court cases that will always go on fighting these rights constantly due to error or sheer ignorance, but the natural rights of citizens

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In 1798, President John Adams, the second President of the United States, in response of the public reaction of the Quasi War with France, he enacted the Alien and Sedition Act, and the restriction of civil liberties during wartime has operated. Civil liberties are laws that grant individual rights such as Bill of Rights to American citizens. The scope of the restrictions is mainly about the freedom of actions and speeches. After the restriction was passed, a debate between whether or not U.S. government should restrict civil liberties of citizens during the wartime arose. Should we agree the government to restrict our civil liberties during the war?

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In 2008, President Bush signed into law The FISA Amendment Act, an act which allowed the government to monitor Americans’ electronic devices. Bush claimed that this Act could help save lives, as mentioned before, but what he did not mention is that this allows the government to conduct surveillance without probable cause. (“How the NSA’s Surveillance Procedures Threaten Americans’ Privacy.”) When people heard about this, they became concerned, and many began to question if the NSA would abuse this power.

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Personal Privacy There are many reasons why all counter-terrorism efforts potentially violate the 4th amendment. The government thinks that looking into other people’s privacy will be a better way to find their so called enemies but in doing so, that will also mean that they have to look into people’s information and some of those people may not have caused any crime of any sort. One targeting the wrong people for crimes they never committed, two searching a person without a valid warrant/reason, and invading in someone else's privacy without them knowing. It will be explained as to why it isn't right for the government to be spying on civilians as an excuse to save the country from potential enemies.

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Ever since the 1960 's the justice system has been under construction because of the innovative precedents. There has been a constant debate about the justification of the people and how police conduct has an impact. the framework of the fourth amendment will give a better understanding on how the fourth amendment is used. "The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but apon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized (U.S Const,. amend IV).

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Civil liberties are rights guaranteed to citizens in the Constitution that the government cannot interfere with, however, in the name of national security, they do. The government sometimes finds it necessary for Americans to give up some of their basic rights to keep the nation protected, but many people find this unnecessary. A law-abiding citizen’s extremely personal information should not be essential to finding terroristic threats within this society. Under no circumstances should an American citizen’s civil liberties be violated in a time of war or crisis, because those are assured rights that are most valuable to their freedom during national conflicts.

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