unconstitutional : the war on our civil liberties
learn more about the american civil liberties union and its affiliated organization, the american civil liberties union foundation .
john ashcroft george w. bush donald rumsfeld paul wolfowitz unconstitutional: the war on our civil liberties nonny de la pe & # 241; a nonny de la pe # 241; a
regardless of how the current debate over the patriot act plays out, a variety of dangerous threats to our liberties will almost certainly continue in place. for a proper understanding of the underlying issues, we recommend the 2004 documentary, unconstitutional: the war on our civil liberties from executive producer robert greenwald .
must see documentary! unconstitutional, the war on our civil liberties 2004, is a film in stark criticism to the u. s. patriot act. citing and encouraging civil disobedience throughout the u. s. it attacks the unconstitutionality of the patriot act and its intentions .
director / producer robert greenwald has produced and / or directed 53 television movies, miniseries and features. he is the director of uncovered: the war on iraq and the executive producer of the un series - unprecedented: the 2000 presidential election, and the soon to be released unconstitutional: the war on our civil liberties .
maybe it' s a little paranoid, but maybe it' s not. either way, unconstitutional – the war on our civil liberties is a fascinating and sometimes frightening expose on what the patriot act can and has been used for since the events of september 11, 2001. recommended .
civil war amendments: the 13th, 14th, and 15th amendments to the united states constitution .
one of the enduring falsehoods regarding the war arising from the dominance of the lost cause school of civil war historiography is that while lincoln ran roughshod over civil liberties in the north, the confederacy adhered to a strict constitutionalism in defense of civil liberties. but in his indispensible southern rights: political prisoners and the myth of confederate constitutionalism, mark neely argues that jefferson davis was not the staunch defender of civil liberties and constitutionalism that he claimed to be in his history of the confederacy .
unconstitutional - the war on our civil liberties hour - long documentary from robert greenwald – one of the most prolific and progressive producers in hollywood – in conjunction with the aclu. this new film, written, directed and produced by nonny de la peņa, details the shocking way that the civil liberties of american citizens and immigrants alike have been infringed upon, curtailed and rolled back since 9 / 11 and the usa patriot act .
the naacp, which was founded in 1909, advocates for full civil liberties and an end to racial discrimination and violence .
the civil war amendments protected equality for emancipated slaves by banning slavery, defining citizenship, and ensuring voting rights .
the naacp was founded in 1909, and organized around full civil liberties and and end to racial discrimination and violence including lynching .
the united states has refused to abide by the geneva conventions. they are the rules of war that were developed after world war ii. basically what they say is when you capture people during a war, you have to treat them humanely. you have to give them medical assistance. you have to, first of all, decide who they are. they get this left to this tribunal that decides: are you a prisoner of war? are you a civilian? do you have nothing to do with this war whatsoever? unconstitutional: the war on our civil liberties, is the third in a series of public interest pictures films that follows unprecedented: the 2000 presidential election and uncovered: the war on iraq. true to their legacy, unconstitutional provides the facts and stories that illuminate administration lies, wrongheaded policies, and the real victims of these actions – the american people .
a documentary that investigates the ways in which the civil liberties of american citizens and immigrants have been rolled back since the september 11 and the patriot act .
rehnquist, w. h. (1998). all the laws but one: civil liberties in wartime. new york: knopf .
you should consult an attorney or contact the aclu foundation of northern california' s advice line. although the aclu foundation of northern california cannot provide legal services to all callers, our civil liberties counselors, in consultation with our attorneys, can provide you with helpful information and referrals .
on october 26, president george w. bush signed the patriot act into law. he praised the
new tools to fight the present danger... a threat like no other our nation has ever faced .
he also asserted that the patriot act
upholds and respects the civil liberties guaranteed by our constitution .
the albany democrats invoked the safeguards and guarantees for the liberties of citizens under the constitution, observing that they “were secured substantially to the english people after years of protracted civil war, and were adopted into our constitution at the end of the revolution. lincoln relied that their point would have been stronger had they said that these safeguard been adopted and applied during the civil wars and during our revolution, rather than after the one and at the end of the other. “i, too, ” said lincoln, “am devotedly for them after civil war, and before civil war, and at all times, except when, in cases of rebellion or invasion, the public safety may require their suspension. ”
there were many progressive movements active in the pre - civil war era. the abolition and women’s rights movement were two of the most important .
good evening, ladies and gentleman. my name is david theroux, and i am the president of the independent institute. im delighted to welcome you this evening to our special event here at our conference center in oakland, california. our program today, as you may remember, is entitled civil liberties and security in an age of terrorism,  and were holding this in conjunction with our challenge of liberty summer seminars for students, and we have a contingent of the students here this evening. incidentally, those of you who are interested in our student programs should go to our website at urltoken and youll get more information. were also delighted to welcome our viewers on c - span2s book tv, as well as those online who are joining with us on our live webcast .
a documentary that investigates the ways in which the civil liberties of american citizens and immigrants have been rolled back since september 11 and the passing of the patriot act .
civil war amendments. provided by: wikipedia. located at: urltoken. license: cc by - sa: attribution - sharealike
the 13th, 14th, and 15th amendments, known collectively as the civil war amendments, were designed to ensure equality for recently emancipated slaves .
the period after world war ii saw a great expansion in civil rights. this was achieved through a diversity of tactics including ongoing litigation .
the period after world war ii saw a great expansion in civil rights. this was achieved through a diversity of tactics including ongoing litigation .
neely rejects the characterization of davis as a staunch defender of civil liberties, arguing that davis, like lincoln, was committed to the survival of his country. early on, davis spoke of “sacred civil liberties” in an attempt to persuade the border states to secede. but as the north invaded, davis sacrificed individual rights to the preservation of what remained of the confederacy .
should the government take all steps necessary to prevent additional acts of terrorism in the u. s. even if it means your basic civil liberties would be violated ?
we have certainly observed it on steroids, as you cited. anthony, your hot off the press new book from cambridge university press, the power of habeas corpus in america: from the kings prerogative to the war on terror, you spent the past couple of years becoming expert in habeas corpus and your book reflects that. it has been endorsed by scholars and civil liberties leaders across the board and is earning very, very high praise, and rightfully so. but what about habeas corpus made you think that it was an important thing for you to spend the last few years of your life on and what about it can help us in our fight for our liberties in the midst of war on terror ?
emancipation proclamation: an executive order issued by abraham lincoln on january 1, 1863, during the american civil war. it proclaimed the freedom of slaves in 10 states that were still in rebellion .
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on our website, artists curate and maintain their own studio and gallery room spaces. some artists on our site work with the nude figure in such mediums as photography, painting and sculpture. some of these art images may be considered by some people to be inappropriate for minors. we also have poets on our site who write about issues that may be considered inappropriate for minors .
arkansas bans second - trimester abortion procedure; aclu calls ban unconstitutional arkansas' governor on thursday approved a ban on a commonly used second - trimester abortion procedure — restrictions that are expected to face a legal challenge. check out this story on urltoken urltoken
by far the most controversial element of lincolns war presidency was his treatment of civil liberties. even many defenders of lincoln argue that he overstepped constitutional bounds by declaring martial laws, arbitrarily arresting civilians and trying them by military tribunal, and shutting down opposition newspapers. after the war, the supreme court criticized many of these measures in ex parte milligan .
in the same way that the attack on pearl harbor shocked america during world war ii, the unpredictable september 11th attacks on the country terrified and shocked the nation seven decades later. two planes hit the world trade center in new york city, making both towers collapse onto the city below. another plane hit the pentagon. due to the fact that there was no declared war at the time of the attacks, and the way that civilians were targeted, the attacks of 9 / 11 are considered terroristic attacks on america. the legal ramifications of the attack do not adhere to the civil rights as outlined by the foundational documents, and do not resemble the shared american identity created through the revolutionary war and world war i, but rather it seems to mirror the oppressive rewriting of the social contract during world war ii, which divided american citizens and unequally distributed the burdens of war on select citizen groups purely based on identity .
while the second world war raged on in europe, the american public expressed a strong preference to remaining neutral. a 1942 report of the presidential commission on pearl harbor describes the surprise attack :
while the amendment provided legal protection for voting rights based on race, there were other means that could be used to block black citizens from voting. these included poll taxes and literacy tests. these methods were employed around the country to undermine the civil war amendments and set the stage for jim crow conditions and for the civil rights movement .
the courts are just beginning to review the constitutionality of the patriot act. in the first major legalchallenge to the patriot act, the american civil liberties union (aclu) filed a lawsuit in july 2003 against section 215 searches. the suit argues
america’s founding documents describe a very specific blueprint for the country, but when war breaks out, many declared liberties are retracted. when a country is at war it is expected that things change temporarily for the sake of survival. during historic engagements, whenever needed, the role of the citizens changes to best suit the country. terrorism completely changes the entire dynamic between war time and peace .
lincoln addressed the issue of civil liberties during a time of war and rebellion in the aforementioned letter to erasmus corning, who had sent him the resolutions of the albany democratic convention. the albany democrats had expressed loyalty to the union but had censured the lincoln administration for what it called unconstitutional acts, such as military arrests of civilians in the north. to the albany democrats claim that they supported the use of “every constitutional and lawful measure to suppress the rebellion, ” lincoln replied that he had “not knowingly employed…any other” in the past nor did he intend to in the future .
similarly to the first world war, during world war ii the average citizen was greatly affected by the war effort. cutting down everyday consumption became a big duty of all citizens during world war ii. “the war changed everything except human needs and desires. many once ordinary tasks became fiendishly difficult to perform” (o’neill, 1995, p. 247). there was an enormous need for raw material and prepackaged goods, and the only avenue these could be relocated from was the civilian marketplace .
we should not be surprised that the confederacys commitment to civil liberties in wartime was no greater than that of the north. the fact is that the lost cause narratives portrayal of the south as united against yankee tyranny notwithstanding, dissent was widespread within the seceded states .
indeed, the confederacy, like the union, acted “as modern democratic nations [ do ] in war, ” placing restrictions on individual liberties out of perceived military necessity. the fact is that both the union and the confederacy faced the enduring dilemma of republican government: how to balance vigilance and responsibility .
fyi: one of the leaders of the movement, a. philip randolph, remained active in civil rights for decades. it was randolph who initiated the 1963 march on washington where dr. king gave his famous speech ,
i have a dream
continuing the fight for civil rights .
o’neill, w. l. (1995). a democracy at war: america’s fight at home and abroad in world war ii. cambridge, ma: harvard university press .
horror, hope, humanity and inhumanity, man' s inhumanity to man—these are the themes on display throughout this two hour odyssey into the reality that was rwanda during the civil war in 1994. beyond this, the film examines what happens when people in any part of the world (world war ii and the war in the sudan are two examples) stop seeing each other as human beings and, instead, see each other as
cockroaches
—
things
to be exterminated .
terrorism in the united states destroys the social contract between citizens and the state by dividing the population. a dual citizenship is created, in which some citizens may retain their original liberties, while others are stripped of rights. i believe that this selective citizenship is unconstitutional and must never occur within the confines of the united states. the second section of this paper examined citizenship as an overarching identity binding individuals on the basis of the social contract. throughout the development of this concept, the traditional notion was that of a shared prosperity and struggle between citizens. our understanding of citizenship dictates that the government provides many rights and liberties which individuals can enjoy through the safety created by the government’s presence .
this paper is based on historical research on citizenship, liberties, and responsibilities during wars in america. i have also undertaken extensive analysis of statutes, court cases, peer - reviewed articles, as well as law review articles. this paper is divided into three major sections. first section discusses civil rights and liberties and examines the historical roots of american liberties. second, reviews the concept of citizenship before and after the american revolution. third, analyzes how war influences notions of citizenship, especially comparing how world war ii and the attacks on 9 / 11 shaped the concept of citizenship. here, i will review the case of korematsu v. united states (323 u. s. 214, 1944) and japanese interment, with a strong emphasis on the different players involved in the issue. throughout this paper, i will highlight the concepts connecting world war ii and the attacks of september 11th, and in particular emerging similarities between korematsu and the usa patriot act, the legislative reaction to the september 11th attacks that significantly increased governmental power .
for almost 100 years, the aclu has worked to defend and preserve the individual rights and liberties guaranteed by the constitution and laws of the united states .
well, during the bush years, the first years of the war on terror, i was, like many other americans, horrified by a number of practices that the administration, in guantanamo and otherwise with detention policy, and i had long taken the traditional civil libertarian view that the most fundamental of our liberties in the anglo - american tradition is the right of habeas corpus, because if the government can jail somebody without even saying why, then all of these other freedoms seem moot. like many other civil libertarians, i believed that the legal history of habeas corpus was very simply on our side, that what the bush administration was doing was clearly outside the bounds of the tradition, and that if i just looked into it a bit i could come up with that air tight, silver bullet argument for what they were doing and why it was so wrong .
support for slavery remained the strongest in the southern states where slavery was an important economic institution for cotton and other agricultural industries strongest in the south. the conflict over slavery became a key catalyst for the civil war that divided northern and southern states .
the concept of citizenship has changed drastically due to terrorism. there are less rights and liberties during wartime, but it is a shared struggle between citizens, which is explicit in enforcement and reenactment, through declarations of war and peace treaties. terrorism, on the other hand can never truly be stopped, and rights may never be reclaimed. wars have had strong public support in our past, and whenever the united states is attacked, the ease with which we give away rights is incredible. in both cases of korematsu and the patriot act, the supreme court upheld the extreme withdrawal of rights, and they have not been declared unconstitutional - although they both clearly infringe on many aspects of our founding documents. our world is a globalized one, in which interaction between nations is nonstop. the future seems bleak, as a single terrorist attack has the ability to change the american government in relation to citizens and rights forever .
lincolns actions as president during the civil war reflected his agreement with this principle. due to the unprecedented nature of the emergency created by a serious domestic rebellion, lincoln believed that he had no choice but to exercise broad executive power .
while the pre - civil war women’s rights movement had few major victories it set the ground work for the suffrage campaigns that would occur in the early 20th century, along with women’s rights, feminist and women of color movements that continue today .
a wide variety of progressive movements grew up during the decades leading up to the us civil war. the activists involved hoped to make significant changes in society, including expanding rights and freedoms to a larger group of people living in the us .
the aclu works tirelessly in courts, legislatures, and communities to defend and preserve the constitution’s promise of liberty for everyone in our country .
making its television debut on one of the darkest days of american history - - election day, 2004 - - unconstitutional takes a look at the passage and implementation of the usa patriot act, a piece of legislation that none of our duly elected legislators were allowed to read before they voted on it. to their undying shame, the vast majority of those legislators, cowed by the bullying of the bush administration, voted for it anyway. the result? we have all been stripped of many of the civil liberties we have long taken for granted. concentration camps in guantanamo (and, undiscussed in this film, elsewhere), american citizens held uncharged and incommunicado in south carolina naval brigs at the behest of the american imperator, sneak and peek searches... and now we have four more years for karl rove and company to add even more onerous restrictions on our freedoms. watch this and weep .
unconstitutional doesn' t hide its political bias; though conservative former congressman bob barr (republican, georgia) is a prominent interview subject and aclu executive director anthony romero refers to the film as a
bipartisan view of the problems with the patriot act ,
it comes from the left harder than a randy johnson fastball. yet, unconstitutional succeeds on the strength and, yes, balance, of its storytelling. it moves agilely from discussion of the patriot act' s constitutional transgressions and commentary of dissenting legal and political experts to specific personal stories of those whose lives have been affected by the elongated arm of ashcroft' s law. time and again, the film personalizes the theoretical trampling of civil liberties, snapping its argument into sharp focus .
san francisco, california (april 22, 1998) - - oasis magazine today signed on as a plaintiff in the american civil liberties union1s lawsuit against the state of new mexico, which is about to begin enforcing a bill which makes it a crime to disseminate material over the internet that is
harmful to a minor .
the supreme court majority opinion explains: “compulsory exclusion of large groups of citizens from their homes, except under circumstances of direst emergency and peril, is inconsistent with our basic governmental institutions. but when, under conditions of modern warfare, our shores are threatened by hostile forces, the power to protect must be commensurate with the threatened danger”. the possibility of war on american soil was a realistic risk, which scared the government into temporarily eliminating certain rights .
i believe that a separate review process should be created to evaluate war time laws and policies and ensure that our foundational documents are followed. unfortunately, the supreme court does not seem to realistically review governmental war time acts. citizens may lose some rights to privacy during actual war time, especially when it is on our land - but this should not include times of instability or slight risk. this raises another question: what actual permanent inalienable rights do the citizens of the united states retain, in a constantly fluctuating world? as a society, we must understand how far the citizens’ liberties can be stretched. can and should we allow the government to redefine the powers of a citizen, on an ongoing basis? is the concept of citizenship changing so rapidly that it is losing all of its significance, and should we care? or can we stop it ?
yet despite this extraordinary violation of our privacy, as the recent boston bombings showed, its not securing us any safety. bob, as your book, neither liberty nor safety: fear, ideology and the growth of government, also illustrates this is a false tradeoff between freedom and security, and you show how the u. s. governments increasing economic and military interventions reduce our civil and economic liberties, as well as you mentioned our prosperity and our genuine security. one of our friends and directors tonight, dieter tede, who grew up in germany during world war ii was remarking that today is the 69th anniversary of the attempt to kill hitler in his bunker; and despite the near total police state that occurred in germany at the time, they did not know of the plot in advance, so it was pointless. yet polls unfortunately, still show that a majority of americans, i think its still a majority of americans, think its okay for the u. s. government to be spying on americans. the general attitude seems to be, well, i dont have anything to hide, so its okay .
on both sides of the spectrum, during the second world war everyone lost liberties. non - japanese americans buckled down and endured a period of great stress and reduced freedom, which was welcomed and internally driven. the american strength seemed to be a uniting factor, people gladly lost rights in order to help the war effort, especially after the bombing of pearl harbor. japanese american citizens and japanese of other statuses, on the other hand, fell victim to extremely oppressive legislation and judicial action. although a review of the american foundational documents proved the unconstitutional and un - american nature of the legislation, the champion of the constitution, the supreme court had decided that the acts were necessary and proper due to the fact that it was war time. the argument was that during war there is a greater need for protection from increased threats, therefore citizens must put up with a loss of rights. one must note that the distinct dip in standard of living and rights displayed during the world war ii for some citizens and the unparalleled violation of rights for other citizens had formed a type of selective citizenship, rewriting the social contract for different groups based on distinct understandings of their rights and responsibilities .
the 13th (1865), 14th (1868), and 15th amendments (1870) were the first amendments made to the u. s. constitution in 60 years. known collectively as the civil war amendments, they were designed to ensure the equality for recently emancipated slaves .
on the most fundamental level, citizenship is a social contract between the state and the individual. rights are awarded to and responsibilities outlined for every citizen. the american understanding of citizenship has developed primarily through our different military engagements .
i guarantee that this movie (whose cast and director deserve our respect and e - mails) will affect and haunt you, as well it should. for those of you who would like to read about the rwandan war, i highly recommend the book ,
the commitment of the average citizen was necessary to win the first world war. the citizens’ belief system during the war was greatly influenced by propaganda. it was an incredible tool used to manipulate the public into supporting world war i efforts, and in turn it helped define citizenship. the most famous image is still that of uncle sam demanding recruitments, and the poster captioned ‘i want you’ has been the most enduring symbol of world war i propaganda. capozzola (2008) believes that the poster is one of the most iconic images in american politics, a visual metaphor for america itself because it describes america: uncle sam was not a war general, but rather a commoner who may have been a farmer, but was needed to step up in order to help his country during the war. he rolled up his sleeves and called out to the american people to do their part in the war effort .
the lost cause narrative has portrayed southerners as ardent supporters of individual rights above all else. but in the south, as in the north, most civilians accepted restrictions on their liberties because they believed the restrictions constituted temporary, necessary measures that ensured stability and would help win the war. southern society was not nearly as “obsessive about liberty” as previously thought .
unconstitutional touches on other infringements as well: the government' s ability to investigate the library records and e - mail correspondence of any person without suspicion of or connection to a crime, the fbi' s power to conduct
sneak and peek
searches and seizures of private property without timely notification by the justice department. but the most disturbing encroachment is that civil rights violations can also be perpetrated against naturalized u. s. citizens .
the electronic frontier foundation (eff) believes that sb 127, new mexico' s recently passed law banning the dissemination of material deemed
harmful to minors
on the internet, is patently unconstitutional. this law represents a threat to freedom of expression, not only in new mexico, but across the country. the eff, as a content provider, and its members, would be compelled to either refrain from communicating constitutionally protected speech or face potential criminal prosecution. because of this threat, we join today as a plaintiff in the challenge filed today by the american civil liberties union (aclu) .
the supreme court was presented with the question of whether or not the president and congress had reached beyond their war powers by stripping the rights of the japanese americans. the court explained, “hardships are part of war, and war is an aggregation of hardships. all citizens alike, both in and out of uniform, feel the impact of war in greater or lesser measure. citizenship has its responsibilities, as well as its privileges, and, in time of war, the burden is always heavier. ” the court decided in favor of the government, claiming that even when the court examined the facts of the case with strict scrutiny, the responsibility of the government to provide for the safety of its citizens outweighed korematsu’s rights .
brown v. board of education paved the way for integration in schools and other spheres of life, but not everyone supported this decision. many white people in southern states protested integration, and legislators thought up creative ways to get around the ruling. this case was just one step on the road to providing full civil liberties for all people living in the united states .
in 1905 du bois along with william monroe trotter convened the first meeting of the niagara movement in niagara falls in ontario. this group of black activists and scholars called for full civil liberties and an end to racial discrimination. their approach contrasted with other groups at the time calling for more gradual reform .
having your students watch the movie and compare with articles on the actual history of this case is a great exercise in critical thinking and a great entree into learning about a groundbreaking human rights and civil rights case .
crowd sourced content that is contributed to world heritage encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles .
the citizens of america during world war ii had to be resilient. hard work had become a trait ingrained within the concept of american citizenship. there was an understanding that america as a whole was at war, and help came from the population. citizenship came to mean a new type of strength, finding pleasure in lowering one’s standard of living for the country. americans became tougher, worked harder, and the mobilization greatly helped the world war ii effort. this translated into a complete acceptance of political action for the war. on the governmental level, extremely oppressive legislation was put in place to attempt to eliminate the perceived threat on american soil against any and all japanese .
mulan (1998) - elementary school in this disney movie based on a chinese legend, a girl impersonates a male soldier and goes to war, breaking gender stereotypes along the way .
the time for that discussion was september, october, november 2001, that was twelve years ago. the state blew its chance. it unleashed great horrors. it has destroyed more american life than the terrorists ever had, and if its true that terrorists do hate us for our freedom, the state is conspiring with the terrorists, however inadvertently. there is no way that terrorists can take away our freedom. they can destroy life, they can kill people, they can destroy property, but nearly on the scale of the state. and when it comes to our liberties, they are no match for government. this is osama bin ladens wildest dream that the american people would do this to themselves .
go behind the scenes of the mission: impossible movies, check out the latest videos and trailers, and see which spy movies topped the box office in our mission: impossible guide .
neely examined the records of the arrest and detention of over 4, 000 civilians and concluded that the confederate restrictions on the rights of civilians were at least equal to those of the union. and the restriction began early. indeed, confederate authorities arrested a florida newspaper correspondent on the same day fort sumter was fired upon and held him without trial. “there would never be a day during the civil war when confederate military prisons did not contain political prisoners. ”
both lincolns critics and supporters have argued that lincoln essentially assumed dictatorial powers during the civil warthat he took extra - constitutional steps to save the union. indeed, don fehrenbacher once observed that lincoln has been described by historians as a dictator far more than any other president .
rights and civil liberties in america have been evolving for centuries before the creation of the state. the magna carta established the ‘rule of law’ concept at the core of the modern understanding of the relationship between the individual and the government. the american foundational documents directly dictate citizens’ complex relationship to the government. the declaration of independence captured the metamorphosis of the north american colony of the british empire through the desires of the settlers to the new state. the constitution further expanded the framework of the government, specifically the structure that would justly produce and maintain the liberties of citizens. the bill of rights further expanded and outlined the specific rights to be enjoyed by the citizens. these documents built the defining attributes of american citizenship. although these foundational documents hold tremendous authority within the american governmental system, during critical times their core meanings are unfortunately in flux. the most notable situation, with the most devastating effect on rights and liberties is war time. citizenship, ironically, seems to become a completely new entity for a select group, when the threat of maintaining the standard of liberty for all citizens comes into question .
fourth amendment rights analysis starts with defining the zone of privacy or the expectation of privacy. it seems that our digital communications all start with checking the box that says read and accept; and that read and accept check of that box indicates that we have an agreement with the conduit or entity who is providing the conduit of our digital communication. inevitably, that agreement contains a very porous privacy policy. and my question is given that we have checked the box, read and agreed, are our digital communications protected by the fourth amendment? if the answer is yes, whats the argument indicating that those digital communications are in fact protected by our fourth amendment rights ?
chief justice william rehnquist suggested in his book, “all the laws but one: civil liberties in wartime” (1998), that during times of war, the balance of freedom and order shifts toward order, so the government can deal with conditions that threaten the national wellbeing. the assumption is that when people feel that their life is on the line, they are willing to give up rights which they hold dear during times of safety. citizens attempt to make a rational cost benefits analysis when it comes to safety and liberties, but as soon as it becomes personal, the scales sway towards the former. in particular, safety is favored when people consider how the issues under discussion might or might not affect themselves (chong, 1993). this makes it easier for one select group of citizens to be easily targeted and have their rights and liberties restricted .
two more films backed by the provocateur robert greenwald argue on behalf of those denied the right to due process and the right to vote, with unsuspecting civilians swept up in historic legal quagmires. mr. greenwald, the director of
outfoxed: rupert murdoch' s war on journalism
and
uncovered: the war on iraq ,
lends his producing imprimatur to a probe of immigrant detainees corralled after sept. 11 and to another investigation of voting irregularities in florida in the last presidential election .
as the war dragged on and the appalling human and material cost of the war began to mount, even many loyal confederates began to turn against it. as in the north, conscription constituted a flash point. it is sometimes forgotten that the south turned to conscription a year earlier than the north did. the exemption of large slave owners from the draft, the so - called “20 [ slave ] law, ” fed dissent and led to the often - voiced complaint that the conflict was “a rich mans war, but a poor mans fight. ”
learn more about lgbt rights: sign up for breaking news alerts, follow us on twitter, and like us on facebook .
traditionally during a war a citizen’s life becomes more reflective of obligations and control, rather than freedoms. the government’s metaphorical shield, which protects citizens also blocks established freedoms and encages citizens into aiding the war effort. this process has an impact on the overall definition of citizenship, at least temporarily until the threat is neutralized. after the war, citizenship reverts back to its original shape. for better or worse, this trajectory leaves the concept of citizenship slightly changed, its contours more clearly defined .
when it attempts to do so, it ―invades the sphere of intellect and spirit which it is the purpose of the first amendment to our constitution to reserve from all official control. ‖
thank you. well, lets shift focus back home now. the recent revelations by edward snowden have underscored the warnings that many others have been trying to issue for many years, and its now very well documented that the federal government is capturing and scoring every americans phone call, email, the outside of all of the mail going through the usps, all of our internet activity, our library usage, every commercial transaction. our cars are reporting on us. and most of us are carrying around a portable spying device that the federal government can turn on if you have it turned off in your pocket and eavesdrop and record any conversation going on in the vicinity. in short, every activity of every aspect of every one of our lives every day is being captured and its being stored in gigantic databases where it can be mined any time they like to build a dossier against anybody .
so, before i turn the program over to mary, who will be in charge, id like to ask you to join with me in welcoming our speakers .
since then of course, as we talked about earlier with people, weve seen the growth of government power and loss of liberties and youve detailed it further in your most recent book from the institute, delusions of power: new explorations of the state war on the economy. and yet many people argue that the ideals of the founders are irrelevant. those were fine, non - intervention and peace with all. it was fine when we had these great oceans that formed our borders and we could be idealistic. but in the new modern age we have to be realistic about it .
one of the strongest shapers of american citizenship is war time. during wars the government is tasked with upholding their most important part of the social contract, enabling the safety of citizens. as outlined in section two, throughout america’s early history, war time allowed the government and the people to learn the limits of freedoms and the bounds of government interference .
rather than focusing on whether or not segregated schools were equal, the supreme court ruling focused on the question of whether a doctrine of separate could ever be said to be equal. the judges ‘ ruling hinged on an interpretation that took separate as unconstitutional particularly because “segregation of white and colored children in public schools has a detrimental effect upon the colored children. the impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. a sense of inferiority affects the motivation of a child to learn. ”
the increased involvement of the average citizen during world war i defined citizenship. “the word obligation was very much on their minds…during world war i, when americans discussed their relationship to the state, they used terms such as duty, sacrifice and obligation … political obligation energized, mobilized and divided america during world war i” (capozzola, 2008, p. 6). the relationship between the citizen and the country was that of give and take: in order for the citizens to enjoy all of the benefits provided within the country, at times they must fight to protect their value system .
take the lead (2006) is also based on the life and teaching of pierre dulaine .
mackubin t. owens is an adjunct fellow of the ashbrook center and an associate dean of academics and professor of national security affairs at the naval war college .
post - wwi civil rights were expanded through court rulings such as brown v. board of edu cation (1954), which helped integrate public schools .
tells the true story of wiley college, an historically black college (hbc) in texas, and the story of its 1935 debate team. this film and the events depicted here, takes place during jim crow—a period in our history given short shrift in our classrooms. further, it draws your attention, both in the article and the film, to the history, past and present, of hbcs and, to a greater or lesser degree, shines a light on the history of the u. s .
how often do we ask where something comes from? analogies can be made for everything from the clothes you wear to the lumber from which your furniture is made. though this is a fictionalized story, and you might just be wondering how the two lead characters, danny and solomon, survive all that they do, it is an accurate reflection on life (and death) during the civil war in sierra leone during the 1990s .
the amendment also defined the formula for determining political representation by apportioning representatives among states based on a count of all residents as whole persons. this contrasted with the pre - civil war compromise that counted enslaved people as three - fifth in representation enumeration. southern slave owners wanted slaves counted as whole people to increase the representation of southern states in congress. even after the 14th amendment, native people not paying taxes were not counted for representation .
slavery, including chattel slavery, was a legal institution in the us from the colonial period until the emancipation proclamation (1863) and thirteenth amendment of the constitution (1865). most slaves in the us were people brought from africa and their descendants, and this racial dimension of us slavery continues to impact us civil rights debates. by 1860, four million people lived as slaves in the us, and most worked in the agriculture sector. the rise in the southern cotton industry after 1800 also led to a steady increase in slavery, which then became a major catalyst for the civil war .
our second panelist is anthony gregory. anthony is research fellow and director of student programs at the independent institute and also a columnist at the huffington post. anthony received his degree in history from the university of california at berkeley and his many articles have appeared in the atlantic, christian science monitor, american conservative and scores of other publications. he is the author of the new independent institute book from cambridge university press entitled, the power of habeas corpus: from the kings prerogative to the war on terror .
arkansas' governor on thursday approved a ban on a commonly used second - trimester abortion procedure — restrictions that are expected to face a legal challenge .
de la peña dealt with similarly wrongheaded stereotyping in her acclaimed 1999 documentary, the jaundiced eye, the true - life horror story of a gay man erroneously accused and convicted of sexually molesting his five - year - old son. though the scope of unconstitutional is broader, her unyielding focus on both the facts of the case against the patriot act and the struggles of those unfairly targeted produce the same result: a film that sheds light on discrimination and energetically calls for a re - evaluation of u. s. priorities .
chong, d. (1993). how people think, reason, and feel about rights and liberties. american journal of political science, 37, 867 - 99 .
the eff was the first national non - profit group established to protect free expression, privacy and open access to information in the electronic age and has used the internet to educate the public about civil liberties and legal issues as they arise in cyberspace. the eff was a party to the successful challenge to the federal communications decency act (cda) in reno v. aclu, decided by the us supreme court only last june. we believe the new mexico law is equally defective .
during the first world war, american citizens had to adapt to a changing global environment. the american revolution centralized american citizenship and the two world wars gave it a firm identity. during war time, the opposition and everything they stand for have to be demonized in order to have the public’s full support for the preservation of the nation and the destruction of the enemy. the responsibilities of the citizens are pushed to the limit and cultural ideals are strengthened.
unconstitutional : the war on our civil liberties is an american 2004 political documentary about the legal problems with the patriot act . it posits that the law , hastily passed in the wake of the 9/11 attacks , is used to justify a variety of abuses of civil rights that are guaranteed by the us constitution . this third and final film in the un-trilogy from executive producer robert greenwald and earl katz , is a public interest pictures film . unconstitutional was written , produced and directed by nonny de la peña . 
unconstitutional: the war on our civil liberties is an american 2004 political documentary about the legal problems with the patriot act. it posits that the law, hastily passed in the wake of the 9/11 attacks, is used to justify a variety of abuses of civil rights that are guaranteed by the us constitution. this third and final film in the un-trilogy from executive producer robert greenwald and earl katz, is a public interest pictures film. unconstitutional was written, produced and directed by nonny de la peña.
unconstitutional: the war on our civil liberties is an american 2004 political documentary about the legal problems with the patriot act. it posits that the law, hastily passed in the wake of the 9/11 attacks, is used to justify a variety of abuses of civil rights that are guaranteed by the us constitution. this third and final film in the un-trilogy from executive producer robert greenwald and earl katz, is a public interest pictures film. unconstitutional was written, produced and directed by nonny de la peña.