This study will use securitisation theory and documentary analysis to find that increased security from terrorism in the aftermath of the terrorist attacks of September 11, 2001 (9/11) terrorism took precedence over the civil liberties of privacy and freedom. This paper focuses on how the George W. Bush Administration, hereby referred to as the Bush Administration, successfully justified the infringement of civil liberties post-9/11 although it will also include the revelations of Snowden in 2013 and how this impacted on public opinion. Bush used religious discourse following 9/11 to manipulate public opinion and create a “powerful spirit of unity” (Garfinkle, 2005). Security will be defined as political security, as described by the …show more content…
However, it is often considered in tension with civil liberties such as privacy and freedom (Etzioni, 2005). This debate has been invigorated by 9/11 alongside the law changes and the surveillance program that followed. The wider debate questions whether national security or civil liberties should champion the American way of life, assuming that the two are “inexorably intertwined” in a trade-off (Obama, 2010). Civil liberties refer to protections against government actions with their derivatives often rooted in the Bill of Rights. Whilst the right to privacy is not explicitly mentioned in the Constitution, it can be determined from several amendments, such as the search with “probable cause” outlined in the Fourth Amendment (U.S. Const. am. 4, 1791). Lynch (2012) would define civil liberties as ‘sacred’ and therefore should never be infringed upon. However, the ‘probable cause’ section was abused using powers granted by PATRIOT Act. It is common consensus among the literature that the PATRIOT Act was overreaching and overused to wrongly justify blanket surveillance. However, the PATRIOT Act also violated the First, Fourth and Fifth Amendments of the Bill of Rights. The First Amendment grants freedom of press (U.S. Const. am. 1, 1791). The Fifth Amendment grants protection to
The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.
An American’s civil liberties are among some of the most important rights awarded to a citizen. After 9/11 some of those liberties were taken away by the expansion of executive power, the National Security
There are moments when civil liberties should be curtailed in democratic countries like the US and Canada, in order to maintain national security. While this is true, there are also moments that an individual’s civil liberty should be maintained whereas it is not. Consequently, governments should make clear boundaries as to which occasions civil liberties should be restricted. For instance, both the Patriotic Act and the Anti-terrorist Act allowed rover wiretapping which are needed to deal with terrorists who have a sophisticated knowledge of how technology works.
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) is one of the most controversial pieces of legislation to ever pass through the US Senate. Its critics use fear mongering tactics to scare people into opposition of an intrusive police state which they believe is inevitable given the government’s new powers. They consider the Act an assault on civil liberties and an invasion of the privacy of innocent American citizens. Yet the real issue is not that the government now has new powers, it’s that the American people do not trust our intelligence agencies to handle these new powers properly while still respecting their rights.
The purpose of this research paper is to give those not aware of the Patriot Act a condensed version of the framework of the Act. According to the architects of the Patriot Act, the goal of the Act was to deal a crippling blow to the infrastructure of domestic terrorism in the United States. However, if not properly utilized, there will be, and should be a strong public reaction against the Act due to its extensive range of authority. Many provisions in the Act apply to American citizens, and we will be affected.
Since the founding of the United States of America, freedom has been the basis of the governmental and ruling systems in place. Individual freedoms are protected in both the Bill of Rights and the rest of the Constitution, and Schwartz (2009) explains that ‘public liberty ultimately enhances collective rationality—it is a path to heightening our wisdom by increasing access to pertinent information and improving decision making’ (p. 409). However, there have been many times in history when the true freedom of citizens is called into question. There has always been controversy about how much power the government should have, who is keeping the government in check, and if citizens are properly informed about what their elected governed are doing. The passing of the Patriot Act in 2001 was no exception to this controversy. The
In society today many citizens feel violated with the security methods taken by homeland security. “On September 11, 2001, terrorist attacks against the United States marked the beginning of the global war on terrorism. The methods used are justifiable as they provide protection against possible threats or attacks. This attack on U.S. soil increased surveillance of both American citizens and foreign nationals” (Andrew, C., & Walter,
A paradox has always exists between the issue of civil liberties and national security. Democracy creates civil liberties that allow the freedom of association, expression, as well as movement, but there are some people use such liberal democracy to plan and execute violence, to destabilize State structures. It illustrates the delicate balance existing between reducing civil liberties to enhance security in a state. States have detained suspects for years and have also conducted extensive privacy incursions as strategies to combat terror, however it risks violation of civil liberties. This essay discusses the extent to which a state should be allowed to restrict civil liberties for the enhancement of national security and not abandon democratic values. It looks at aspects of the legal response to terrorism in the United States after the 9/11 attack.
It has been more than seventy years since the release of George Orwell’s 1984, a novel that imparts a lesson on the consequences of government overreach. However, today that novel reads like an exposé of government surveillance. Privacy and national security are two ideas competing for value on a balance; if one is more highly valued, the other carries less weight. Government desire to bolster national security by spying on its own citizens-- even the law abiding ones-- is what leads to the inverse relationship between civil liberties and security. In times of a perceived threat to the nation, national security becomes highly prized and people lose privacy. One case is terrorist attacks. 9/11 caused an understandable kneejerk reaction in Americans to bolster protection. Some of the the measures taken were observable, like greater security at airports, but others attempted to increase national security in a more intrusive way. Privacy should be more highly valued than national security, and America has reached a point where that is no longer true.
The United States of America is undoubtedly one of the world’s largest and most powerful nations. However, it has been facing the problem of terrorism for many decades, most notably after the tragic events of September 11th. The Patriot Act was passed shortly after these events in response to the acts of terrorism witnessed by the whole nation. At the time, it seemed rational and logical to allow this bill to pass, due to the extreme anger of American citizens, and the willingness to fight against terrorism. However, certain breaches of privacy came with the introduction of the Patriot Act. We as Americans want to feel protected from the threats of terrorism, however, we are not willing to give up certain privacies and liberties in order for that to happen, even when put to a vote.
Benjamin Franklin, one of the founding fathers of the United States, once said “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In America’s society today, some are willing to sacrifice their civil liberties in order to gain protection and security over some potential threat. Especially after the events of September 11th and several attempted bombings in U.S. cities. This sacrifice of individual freedoms such as the freedom of speech, expression, the right to information, to new technologies, and so forth, for additional protection is more of a loss than a gain. Citizens of the United States deserve equal liberty and safety overall, as someone should not have to give up
During the past decade, an issue has arisen from the minds of people, on which is more important? Privacy or national security? The problem with the privacy is that people do not feel they have enough of it and national security is increasing causing the government to be less worried about the people. National security is growing out of control which has led to the decrease in people’s privacy and has created fear in the eyes of U.S. citizens. “Twelve years after the terrorist attacks of Sept. 11, 2001, and amid a summer of revelations about the extent of the surveillance state built up to prevent others, leaders, experts and average Americans alike are searching for the right balance between security and privacy” (Noble). Americans should be able to live their daily lives without fear of an overpowered government or a “big brother” figure taking over. “According to a CBS News poll released Tuesday evening, nearly 6 in 10 Americans said they disapproved of the federal government’s collecting phone records of ordinary Americans in order to reduce terrorism” (Gonchar). While it is good to keep our country safe with security, American’s privacy should be more important because there is a substantial amount of national security, the people 's rights should matter first.
The Homeland Security Act of 2002 impacted the American people without many of them realizing it. The act called for increased monitoring of computer networks, phone lines, and online history inside the United States and allowed the government to deport suspects (ACLU). What was created by the act has snaked its way into all aspects of our lives, creating a sense of order and restricting some freedom. However, some say that this imposition into our daily lives limits our freedoms and actions allowed us by the Constitution. Many interest groups voice strong resentment for the act while others try to demonstrate the strengths and triumphs of the Homeland Security Act. This paper will show the differing viewpoints of those that feel that the
The attacks on American soil that solemn day of September 11, 2001, ignited a quarrel that the grade of singular privacy, need not be given away in the hunt of grander security. The security measures in place were planned to protect our democracy and its liberties yet, they are merely eroding the very existence with the start of a socialistic paradigm. Benjamin Franklin (1759), warned more than two centuries ago: “they that can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” Implementing security measures comes at a cost both economically and socially. Government bureaucrats can and will utilize information for personal political objectives. The Supreme Court is the final arbitrator
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.