Chapter 4 - Chapter 4: Civil Liberties After 09/11/2001...

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Chapter 4: Civil Liberties After 09/11/2001 American’s more concerned with security and less concerned about freedom 60% of respondents said that high school teachers do not have the “right to criticize America’s policies toward terrorism” and instead should “defend America’s policies in order to promote loyalty to our country.” 45% said that they would be willing to “give up some civil liberties” in order to curb terrorism 49% thinks that “the 1 st Amendment goes too far in the rights that it guarantees” Government’s position toward suspected terrorists changed: “extraordinary rendition” o Suspected terrorists were arrested in the US and taken to a foreign country that is less protective of civil liberties than the US (Egypt, Syria, Jordan or Morocco) where foreign agents working with the CIA would try to extract the information needed by the US. o As many as 150 people have been subject to this process Torture Outsourcing Prevention Act (2005) o Prohibit the practice of extraordinary rendition o Died in committee Civil Liberties: Basic political freedoms that protect citizens from governmental abuses of powers There are no absolutes -- in some instance state-sponsored torture could be justified Civil Liberties: Balancing Interests and Drawing Lines Balancing interests Extraordinary rendition and the War on Terror provide particularly contentious examples of balancing civil liberties against competing interests: to what extent should we sacrifice liberties to enhance our security? Drawing Lines Court rulings draw the lines defining the limits of permissible conduct by the government or an individual in the context of a specific civil liberty Despite the 1 st Amendment it is obvious that some speech cannot be permitted o Classic example: yelling FIRE in a theater o Drawn line between protected speech and impermissible speech Same said for other civil liberties such as: o Establishment of religion o Freedom of press o Freedom from illegal searches o Other due process rights Sometimes difficult to draw the line between acceptable and impermissible government involvement concerning religion in schools Search and seizure cases also involve balancing interests: in this case, the individual freedoms of the target of police action and the broader interests in public order and security
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Chapter 4: Civil Liberties The Origins of Civil Liberties Origins of the Bill of Rights Opposed ratification of the Constitution by many Antifederalists because it did not include a bill of rights 124 amendments submitted to Congress for their consideration One important point limited the Bill of Rights reach: It applied only to the national government and not the states Civil Liberties Before the Civil War Bill of Rights played surprisingly trivial role for more than a century Barron v. Baltimore John Barron sued the city of Baltimore when its street paving project diverted streams
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Chapter 4 - Chapter 4: Civil Liberties After 09/11/2001...

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