Home » About » Newsletters » January 2002
"National Security and American Freedom: We Can Have Both"
By Laura W. Murphy
Director of the ACLU's Washington National Office
(Copyright League of Women Voters of the United States)
Surveys done in the wake of the tragic terrorist attacks of Sept. 11 suggest that many Americans are willing to sacrifice some liberty for the sake of national and personal security. Such an attitude, however, is based on a false assumption: that security and liberty are mutually exclusive. But in fact, they aren't: the interests of security and American freedom can and must be reconciled in a vital and true democracy.
We can well understand the justifiable outrage of the American people, and their desire to protect themselves from further attacks. Unfortunately, however, one result of the Sept.11 attacks has been a worrisome piece of legislation called the USA Patriot Act, which was signed into law in October. In our view, the new measure fails to respect the achievable balance between liberty and security.
The law was passed with unusual speed. It was before Congress barely six weeks, with only two public hearings and negligible debate. A left-right coalition of concerned citizens expressed vigorous opposition, but many of the provisions in the new law pose, we believe, a significant threat to basic civil liberties.
Specifically, the law removes meaningful judicial supervision from wiretapping and other electronic surveillance. It allows the Central Intelligence Agency to collect information on American citizens. It opens the door to possible deportation of immigrants from this country without a fair hearing, and for the suppression of peaceful dissent. The law also greatly expands the definition of terrorism. Taken literally, the new definition could allow the investigation of a group like People for the Ethical Treatment of Animals (PETA) as a terrorist group because one of its members hits the Secretary of Agriculture with cream pie.
The ACLU has pledged to work with the administration to monitor the implementation of this new law. Others can help as well. If you observe questionable treatment of peaceful demonstrators, if you come across any infringement of civil liberties because of this new law, don't hesitate to call your local ACLU chapter or affiliate. We can, we must, have security and freedom in these difficult times.
