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The executive director of the ACLU takes a critical look at civil liberties in this country at a time when constitutional freedoms are in peril. Using the stories of real Americans on the frontlines of the fight for civil liberties, this book examines the dangerous erosion of the Bill of Rights in the age of the War on Terror. Readers are taken behind the scenes of some important civil liberties cases, including: the National Security Agency's warrantless spying program; legal battles over the rights of individuals suspected of terrorism, such as John Walker Lindh (the'American Taliban'); South Dakota's attempts to place an outright ban on abortions in the face of an attempt to open an abortion clinic on an Indian reservation; a modern-day Scopes trial over'intelligent design'in Dover, Pennsylvania; and a gay teenager sentenced to 17 years for having consensual sex with a younger teenage boy.--From publisher's description.

Throughout her long career of “afflicting the comfortable and comforting the afflicted,” the cause closest to Molly Ivins's heart was working to protect the freedoms we all value. Sadly, today we're living in a time when dissent is equated with giving aid to terrorists, when any of us can be held in prison without even knowing the charges against us, and when our constitutional rights are being interpreted by a president who calls himself “The Decider.” Ivins got the idea for Bill of Wrongs while touring America to honor her promise to speak out, gratis, at least once a month in defense of free speech. In her travels Ivins met ordinary people going to extraordinary measures to safeguard our most precious liberties, and when she first started writing this book, she intended it to be a joyous celebration of those heroes. But during the Bush years, the project's focus changed. Ivins became concerned about threats to our cherished freedoms–among them the Patriot Act and the weakening of habeas corpus–and she observed with anger how dissent in the defense of liberties was being characterized as treason by the Bush administration and its enablers.From illegal wiretaps, the unlawful imprisonment of American citizens, and the undermining of freedom of the press to the creeping influence of religious extremism on our national agenda and the erosion of the checks and balances that prevent a president from seizing unitary powers, Ivins and her longtime collaborator, Lou Dubose, co-author of Shrub and Bushwacked, describe the attack on America's vital constitutional guarantees. With devastating humor and keen eyes for deceit and hypocrisy, they show how severe these incursions have become, and they ask us all to take an active role in protecting the Bill of Rights.In life and on the printed page, Molly Ivins was too cool to offer a posthumous valedictory (or even to take a victory lap for her many triumphs over inane, vainglorious, and addlepated politicos). But in Bill of Wrongs, her final and perhaps greatest book, the irrepressible Molly Ivins really does have the last word.

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the'struggle against violent extremism'dominates the United States'agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Did America's democratic convictions'change forever'after the terrorist attacks of September 11? In the wake of 9/11, many pundits predicted that Americans'new and profound anxiety would usher in an era of political acquiescence. Fear, it was claimed, would drive the public to rally around the president and tolerate diminished civil liberties in exchange for security. Political scientist Darren Davis challenges this conventional wisdom in Negative Liberty, revealing a surprising story of how September 11 affected Americans'views on civil liberties and security. Drawing on a unique series of original public opinion surveys conducted in the immediate aftermath of 9/11 and over the subsequent three years, Negative Liberty documents the rapid shifts in Americans'opinions regarding the tradeoff between liberty and security, at a time when the threat of terrorism made the conflict between these values particularly stark. Theories on the psychology of threat predicted that people would cope with threats by focusing on survival and reaffirming their loyalty to their communities, and indeed, Davis found that Americans were initially supportive of government efforts to prevent terrorist attacks by rolling back certain civil liberties. Democrats and independents under a heightened sense of threat became more conservative after 9/11, and trust in government reached its highest level since the Kennedy administration. But while ideological divisions were initially muted, this silence did not represent capitulation on the part of civil libertarians. Subsequent surveys in the years after the attacks revealed that, while citizens'perceptions of threat remained acute, trust in the government declined dramatically in response to the perceived failures of the administration's foreign and domestic security policies. Indeed, those Americans who reported the greatest anxiety about terrorism were the most likely to lose confidence in the government in the years after 2001. As a result, ideological unity proved short lived, and support for civil liberties revived among the public. Negative Liberty demonstrates that, in the absence of faith in government, even extreme threats to national security are not enough to persuade Americans to concede their civil liberties permanently. The September 11 attacks created an unprecedented conflict between liberty and security, testing Americans'devotion to democratic norms. Through lucid analysis of concrete survey data, Negative Liberty sheds light on how citizens of a democracy balance these competing values in a time of crisis.

The authors address the hard questions of individual freedom versus national security that are on the minds of Americans of all political stripes. They bring together the pivotal events, leaders, policies, and fateful decisions—often path-breaking, more often ending in folly—that have subverted our constitutional government from its founding. You reach the inescapable conclusion, the authors write, that the United States is a warrior nation, has been addicted to war from the start, and is able to sustain its warfare habit only by mugging American taxpayers, and believing in its mission as God's chosen.FDR's Four Freedoms—Freedom of Speech, Freedom to Worship, Freedom from Want, and Freedom from Fear—were presented to the American people in his 1941 State of the Union address, and they became the inspiration for a second bill of rights, extending the New Deal and guaranteeing work, housing, medical care, and education. Although the bill never was adopted in a legal sense in this country, its principles pervaded the political landscape for an entire generation, including the War on Poverty and the Great Society reforms of the 1960s. Furthermore, the ideas expressed in the Four Freedoms speech inspired the Universal Declaration of Human Rights. But since the late 1970s and early 1980s, these freedoms have been under assault, from presidential administrations of both parties, economic pressures, and finally, the alleged requirements of national security. After 9/11, this process accelerated even more rapidly.

In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role.Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging.With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.

A direct consequence of the War on Terror launched after the attacks of September 11, 2001 is an awareness of the need for homeland security. This war is being used to justify a huge expansion of government powers and spending, but funds allocated for homeland security are often for programs far removed from anything that might be termed defense or security. In Homeland Security Scams, James T. Bennett shows that this government spending is doing very little to make us safer, but a great deal to make us poorer, less free, and more dependent on the federal government.Regardless of the color of the security alert issued by the Homeland Security czar, the spending light is always green as pork barrel dollars are showered on programs of dubious worth. Lobbyists lobby for homeland security grants and contracts; corporations and state and local governments are becoming ever more dependent on federal subsidies; the vested interest in prolonging and intensifying the concern about homeland security increases; and lobbyists press for ever more money. As Bennett makes clear, with government money comes government control. Law enforcement and emergency response agencies at all levels of government are being effectively nationalized. Police power is being concentrated, and the Department of Homeland Security (DHS) envisions a surveillance state that the East German State Police under Communism would have envied.In this hard-hitting critique, Bennett argues that all the spending and surveillance will not win the War on Terror or preserve us from natural disasters. The foe cannot be beaten (we're having trouble even finding the enemy), cannot surrender, and still has awesome powers to lay waste to American cities and citizens. He argues that we should view terrorism as just one of many other serious threats to individuals and to nations. More sternly, he warns that the War on Terror is also a War on Privacy and a War on Liberty.

A lyrical memoir that identifies the pressure to conform as a hidden threat to our civil rights, drawing on the author's life as a gay Asian American man and his career as an acclaimed legal scholar. “[Kenji] Yoshino offers his personal search for authenticity as an encouragement for everyone to think deeply about the ways in which all of us have covered our true selves.... We really do feel newly inspired.”—The New York Times Book Review Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. Given its pervasiveness, we may experience this pressure to be a simple fact of social life. Against conventional understanding, Kenji Yoshino argues that the work of American civil rights law will not be complete until it attends to the harms of coerced conformity. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of covering provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity—a desire that brings us together rather than driving us apart. Praise for Covering “Yoshino argues convincingly in this book, part luminous, moving memoir, part cogent, level-headed treatise, that covering is going to become more and more a civil rights issue as the nation (and the nation's courts) struggle with an increasingly multiethnic America.”—San Francisco Chronicle“[A] remarkable debut... [Yoshino's] sense of justice is pragmatic and infectious.”—Time Out New York

From its largest cities to deep within its heartland, from its heavily trafficked airways to its meandering country byways, America has become a nation racked by anxiety about terrorism and national security. In response to the fears prompted by the tragedy of September 11th, the country has changed in countless ways. Airline security has tightened, mail service is closely examined, and restrictions on civil liberties are more readily imposed by the government and accepted by a wary public. The altered American landscape, however, includes more than security measures and ID cards. The country's desperate quest for security is visible in many less obvious, yet more insidious ways. In Scapegoats of September 11th, criminologist Michael Welch argues that the'war on terror'is a political charade that delivers illusory comfort, stokes fear, and produces scapegoats used as emotional relief. Regrettably, much of the outrage that resulted from 9/11 has been targeted at those not involved in the attacks on the Pentagon or the Twin Towers. As this book explains, those people have become the scapegoats of September 11th. Welch takes on the uneasy task of sorting out the various manifestations of displaced aggression, most notably the hate crimes and state crimes that have become embarrassing hallmarks both at home and abroad. Drawing on topics such as ethnic profiling, the Abu Ghraib scandal, Guantanamo Bay, and the controversial Patriot Act, Welch looks at the significance of knowledge, language, and emotion in a post-9/11 world. In the face of popular and political cheerleading in the war on terror, this book presents a careful and sober assessment, reminding us that sound counterterrorism policies must rise above, rather than participate in, the propagation of bigotry and victimization.

Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither'war'nor'crime'--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.

The second volume in a must-have trilogy of the best closing arguments in American legal history Every day, Americans enjoy the freedom to decide what we do with our property, our bodies, our speech, and our votes. However, the rights to these freedoms have not always been guaranteed. Our civil rights have been assured by cases that have produced monumental shifts in America's cultural, political, and legal landscapes. And the Walls Came Tumbling Down showcases eight of the most exciting closing arguments in civil law -- from the Amistad case, in which John Quincy Adams brought the injustice of slavery to the center stage of American politics, to the Susan B. Anthony decision, which paved the way to success for women's suffrage, to the Larry Flynt trial, in which the porn king became an unlikely champion for freedom of speech. By providing historical and biographical details, as well as the closing arguments themselves, Lief and Caldwell give readers the background necessary to fully understand these important cases, bringing them vividly to life.

How does our government eavesdrop? Whom do they eavesdrop on? And is the interception of communication an effective means of predicting and preventing future attacks? These are some of the questions at the heart of Patrick Radden Keefe's brilliant new book, Chatter. In the late 1990s, when Keefe was a graduate student in England, he heard stories about an eavesdropping network led by the United States that spanned the planet. The system, known as Echelon, allowed America and its allies to intercept the private phone calls and e-mails of civilians and governments around the world. Taking the mystery of Echelon as his point of departure, Keefe explores the nature and context of communications interception, drawing together fascinating strands of history, fresh investigative reporting, and riveting, eye-opening anecdotes. The result is a bold and distinctive book, part detective story, part travel-writing, part essay on paranoia and secrecy in a digital age.Chatter starts out at Menwith Hill, a secret eavesdropping station covered in mysterious, gargantuan golf balls, in England's Yorkshire moors. From there, the narrative moves quickly to another American spy station hidden in the Australian outback; from the intelligence bureaucracy in Washington to the European Parliament in Brussels; from an abandoned National Security Agency base in the mountains of North Carolina to the remote Indian Ocean island of Diego Garcia. As Keefe chases down the truth of contemporary surveillance by intelligence agencies, he unearths reams of little-known information and introduces us to a rogue's gallery of unforgettable characters. We meet a former British eavesdropper who now listens in on the United States Air Force for sport; an intelligence translator who risked prison to reveal an American operation to spy on the United Nations Security Council; a former member of the Senate committee on intelligence who says that oversight is so bad, a lot of senators only sit on the committee for the travel.Provocative, often funny, and alarming without being alarmist, Chatter is a journey through a bizarre and shadowy world with vast implications for our security as well as our privacy. It is also the debut of a major new voice in nonfiction.

Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.

Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld.A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

A Brookings Institution Press and the Computer Ethics Institute publicationCan we safeguard our nation's security without weakening cherished liberties? And how does technology affect the potential conflict between these fundamental goals? These questions acquired renewed urgency in the wake of the 9/11 attacks. They also spurred heated debates over such controversial measures as Total Information Awareness and the USA PATRIOT Act.In this volume, leading figures from the worlds of government, public policy, and business analyze the critical issues underlying these debates. The first set of essays examines the relationship between liberty and security and explores where the public stands on how best to balance the two. In the second section, the authors focus on information technology's role in combating terrorism, as well as tools, policies, and procedures that can strengthen both security and liberty at the same time. Finally, the third part of the book takes on a series of key legal issues concerning the restrictions that should be placed on the government's power to exploit these powerful new technologies.Contributors include Zoë Baird (Markle Foundation), James Barksdale (Barksdale Group), Bruce Berkowitz (Hoover Institution), Jerry Berman (Center for Democracy and Technology), Beryl A. Howell (Stroz Friedberg), Jon Kyl (U.S. Senate), Gilman Louie (In-Q-Tel), David Luban (Georgetown University), Richard A. Posner (U.S. Court of Appeals for the Seventh Circuit), Marc Rotenberg (Electronic Privacy Information Center), James Steinberg (Brookings), Larry Thompson (Brookings), Gayle von Eckartsberg (In-Q-Tel), and Alan F. Westin (Columbia University).

In this incisive and insightful book, Judge Andrew P. Napolitano peels back the legal veneer and shows how politicians, judges, prosecutors, and bureaucrats are trampling the U.S. Constitution in the name of law and order and fighting terrorism. Napolitano reveals how they: silence the First Amendmentshoot holes in the Secondbreak some laws to enforce othersentrap citizenssteal private propertyseize evidence without warrantimprison without chargekill without cause Pundits on the right, left, and center have praised Constitutional Chaos for its penetrating examination of our rights and liberties in the post-9/11 world.'Has the war on terrorism taken away some of your rights? In a non-ideological way, Judge Andrew P. Napolitano answers that crucial question. This book will open your eyes.'-Bill O'Reilly'This book is a wake-up call for all who value personal freedom and limited government.'-Rush Limbaugh'In all of the American media, Judge Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution...'-Nat Hentoff Judge Andrew P. Napolitano is Fox News Channel's senior judicial analyst, seen by millions on The Big Story with John Gibson, The O'Reilly Factor, Fox and Friends, and other shows. Hisarticles and commentaries have been published in the Wall Street Journal, Los Angeles Times, St. Louis Post-Dispatch, Newark Star Ledger, and other national publications.

In an ironic reversal of the American dream, a staggering 20,000 members of the immigrant community of Midwood, Brooklyn (known as Little Pakistan), voluntarily left the United States after 9/11. Tram Nguyen reveals the human cost of the domestic war on terror and examines the impact of post-9/11 policies on people targeted because of immigration status, nationality, and religion. Nguyen's evocative narrative reporting--about the families, detainees, local leaders, community advocates, and others living on the front lines--tells the stories of people who witnessed and experienced firsthand the unjust detainment or deportation of family members, friends, and neighbors. We meet Mohammad Butt, who died in detention in New Jersey, and the Saleems, who flee Queens for Canada. We even follow a self-proclaimed'citizen patroller'who monitors and detains immigrants on the U.S.-Mexico border.We Are All Suspects Now, in the words of Mike Davis, “takes us inside a dark world... where the American Dream is fast turning into a nightmare and suggests proactive responses to stop our growing climate of xenophobia, intimidation, and discrimination.'

'Includes review and analysis of: Homeland Security Act,'Patriot Act II,'Intelligence Reform and Terrorism Prevention Act, Supreme Court decisions,'National Strategy'documents, 9-11 Commission recommendations, and various ongoing developments nationally and internationally in the'war on terrorism.'

Analyses the ways American leaders have justified the use of military tribunals, the suspension of due process, and the elimination of habeas corpus Though the war on terrorism is said to have generated unprecedented military situations, arguments for the Patriot Act and military tribunals following 9/11 resemble many historical claims for restricting civil liberties, more often than not in the name of necessity. Marouf Hasian Jr. examines the major legal cases that show how various generations have represented the need for military tribunals, and how officials historically have applied the term “necessity.” George Washington cited the necessity of martial discipline in executing the British operative Major André. Tribunals tried and convicted more than 200 Sioux warriors during the Dakota Wars. President Lincoln suspended habeas corpus for many civilian and military prisoners during the Civil War. Twentieth Century military and civilian leaders selectively drafted their own codes, leading to the execution of German saboteurs during World War II. Further, General MacArthur's tribunal to investigate the wartime activities of Japanese General Yamashita raised the specter of “victor's justice,” anticipating the outcry that attended the Nuremberg trials. In those cases as in current debates about the prosecution of terrorists, Hasian argues that the past is often cited selectively, neglecting historical contexts and the controversies these cases engendered.

A scathing indictment of America's failure to keep up with other advanced nations and to achieve its own most cherished goals. The chapters of the book focus on: the media, the economy and corporations, foreign assistance and military affairs, health and health care, education, crime and punishment, the environment, inequality, and more. This is the one book to read this year about current events and the United States'many recent failures, which have demoted them to the status of a second-rate nation. The book will be useful for policymakers, journalists, teachers, students, activists and public speakers, and anyone with an interest in the U.S. today. Drawing on copious international and domestic evidence, the author shows that America lags significantly behind other advanced countries in such domains as health care, education, crime, civil liberties, racial and ethnic equality, environmental protection, foreign relations, and key features of the economy, including persistent poverty. The gap extends even to some surprising areas: press freedom and democratic representation. Sieber examines the questions of how and why the peculiar gulf between America's extraordinary self-esteem and the true state of affairs has evolved. He is concerned with understanding how the nation's idealized self-image is sustained in spite of overwhelming evidence of impairment in almost every important domain. In an election year the book is a valuable resource for assessing the challenges the U.S. faces. Apart from the author's powerful thesis, the book is a rich compendium of up-to-date statistical data on a variety of issues, presented without either technical obfuscation or oversimplification. It should therefore be useful to policymakers, journalists, commentators, teachers, students, activists, public speakers, and anyone wishing to know more about the true state of affairs in the U.S. today.

'Bipartisan scourge'Bovard launches a blistering attack on the Bush administration that will add new fuel to the fires of Bush opponents while giving presidential supporters much to think about. In a series of cogently argued allegations, Bovard shows how the campaign promises of 2000 have betrayed not only the electorate, but the Constitution itself: from the erosion of civil liberties, massive debt, and the arrogance of federal agencies, to economic policies that favor the wealthy, and the deceptive maneuvers that led to war in Iraq and the alienation of former allies.--From publisher description.

In Leviathan, renowned public interest attorney Bolick describes how the unchecked growth of local governments is eroding our nation's productive vitality and threatening us with'grassroots tyranny'—and ultimately reveals that, although the rules are often rigged in favor of local governments and against ordinary citizens, we can take action to rein in these bureaucracies.

In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.

Heavily armed guards at the entrances to malls and restaurants. Citizens deemed “suspicious” taken away without formal charges or legal counsel. Would a “safe” America even look like America anymore?One of the few journalists to penetrate the new counter terror initiative, Matthew Brzezinski offers an insider's look at the new technology, laws, tactics, and persistent vulnerabilities of the post-9/11 era. The result is this startling, sometimes controversial look at what it will take to achieve genuine homeland security and what it may be like to live inside Fortress AmericaIs this what a safe America will look like?• Cameras at airport ticket counters that can tell if you are stressed • Satellites and surveillance equipment that can see through the walls of your home• Computer programs capable of spotting abnormal behavior • National ID “smart” cards encoding your personal, financial, and medical information required for electronic police spot checksIn the aftermath of September 11, a massive effort has been launched to protect us from another terrorist attack. But the costs of safeguarding our country will require not only unprecedented amounts of funding, but dramatic changes in the way Americans lead their everyday lives. Is this the new price of freedom? • Mandatory chips installed in all cell phones and automobiles that can locate you instantly within a dozen yards• Patriot II legislation that can arbitrarily revoke citizenship and allow terrorist sympathizers to vanish without a trace• Transponder implants that could be injected into the bodies of prisoners, foreign nationals, and perhaps one day all US citizens…Such high-tech measures are not the stuff of science fiction but in many cases are already being implemented. As Brzezinski discovers, similar measures have been in use for years in security states like Israel. But will Americans trade liberty for security? Will they have a choice? And can even the most radical measures insure that a 9/11 style attack won't happen again? From an unheeded warning six years before the WTC disaster to dramatic war-game scenarios secretly conducted at Andrews Air Force Base and chilling on-site simulations of actual attacks, Fortress America paints a sobering picture of the future of freedom…and what life may be like in a maximum security state.

In The Naked Crowd, acclaimed author Jeffrey Rosen makes an impassioned argument about how to preserve freedom, privacy, and security in a post-9/11 world. How we use emerging technologies, he insists, will be crucial to the preservation of essential American ideals. In our zeal to catch terrorists and prevent future catastrophic events, we are going too far—largely because of irrational fears—and violating essential American freedoms. That's the contention at the center of this persuasive new polemic by Jeffrey Rosen, legal affairs editor of The New Republic, which builds on his award-winning book The Unwanted Gaze. Through wide-ranging reportage and cultural analysis, Rosen argues that it is possible to strike an effective and reasonable balance between liberty and security. Traveling from England to Silicon Valley, he offers a penetrating account of why well-designed laws and technologies have not always been adopted. Drawing on a broad range of sources—from the psychology of fear to the latest Code Orange alerts and airport security technologies—he also explores the reasons that the public, the legislatures, the courts, and technologists have made feel-good choices that give us the illusion of safety without actually making us safer. He describes the dangers of implementing poorly thought out technologies that can make us less free while distracting our attention from responses to terrorism that might work. Rosen also considers the social and technological reasons that the risk-averse democracies of the West continue to demand ever-increasing levels of personal exposure in a search for an illusory and emotional feeling of security. In Web logs, chat rooms, and reality TV shows, an increasing number of citizens clutter the public sphere with private revelations best kept to themselves. The result is the peculiar ordeal of living in the Naked Crowd, in which few aspects of our lives are immune from public scrutiny. With vivid prose and persuasive analysis, The Naked Crowd is both an urgent warning about the choices we face in responding to legitimate fears of terror and a vision for a better future.

Examining the legal foundations of the war on terror, this book investigates the loss of the civil liberties of American citizens and legal immigrants. In a detailed look at bills such as the 1996 Antiterrorism and Effective Death Penalty Act, the USA Patriot Act, and the Homeland Security Act, and executive orders, it provides a comprehensive picture of the war on terror and explores the claimed victories by the Bush administration. Chronicling the major battles with Muslim charities, immigrants, lawyers, and'enemy combatants,'this exposé reveals how the values and freedoms of all Americans are at risk or have already been destroyed. Also surveyed is the growing grassroots dissent by groups such as the ACLU and the resistance movement against the policies and major figures of the Bush administration.

In this short book, Etzioni, the well-known and respected public intellectual and communitarian thinker, charts a middle course, or third way'between those who are committed to shore up our liberties but blind to the needs of public security, as well as those who never met a right they are not willing to curtail to give authorities an even freer hand.'This book will prove a useful guide for citizens looking for a thought provoking, well-reasoned and sober analysis of one of the hot button issues of our time.

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

The USA Patriot Act: A Reference Handbook is an in-depth examination of the difficult wartime task of balancing civil liberties against national security.Within weeks of the September 11 terrorist attacks, overwhelming majorities in both houses of Congress passed the USA Patriot Act. The act immediately aroused bitter controversy. Some claim it impermissibly infringes on constitutional rights; others argue it is a necessary tool to ensure the security of the American homeland.Distinguished scholar and prolific author Howard Ball provides the background necessary for a reasoned, historical examination of both positions. He details the threats to America in the last 60 years, emphasizing terrorist acts; examines the temporary surrender of civil rights during past American wars; and uses that history to analyze the USA Patriot Act, both as it exists and as arguments rage over whether to strengthen or weaken the law.

A concise, authoritative guide to civil liberties issues in American society, from freedom of speech and religious liberty to due process, equal protection, and privacy.Written for a general audience, this work clearly defines civil liberties and explains their legal basis in the Bill of Rights, state constitutions, legal statutes, and administrative regulations. It reviews the subject's history from 1917 to the present, and covers the full range of civil liberties issues: the First Amendment, due process, equal protection, and privacy.In addition to extensive material on past controversies such as the Scopes trial and the internment of Japanese Americans during World War II, the book discusses important contemporary issues such as censorship on the Internet and drug testing. The coverage also examines conflicting civil liberties issues such as hate speech, which pits one person's freedom of expression against another's right to equal protection. The book contains extensive bibliographic references to books and articles and a long list of website links to organizations active on all sides of today's civil liberties controversies.

From the Supreme Court's decision of Brown v. Board of Education in 1955 to the assassination of Dr. Martin Luther King, Jr., in 1968--African American students, lawyers, ministers and communities conducted a successful nonviolent campaign against the system of American apartheid in eleven states. This work is organized into four sections. The first describes apartheid in the U.S. before Brown v. Board of Education. The causes of the revolution--the enforcement of apartheid laws by state governments, courts, police, and the KKK--are also analyzed. The second presents 54 confrontations in the struggle for Civil Rights--including court cases, boycotts, sit-ins, marches, demonstrations, and the desegregation of cities and schools--from the Moton High student strike (in Farmville, Virginia) in 1951 to 1969's hospital workers'strike in Charleston. The third is a series of 60 biographical profiles of leaders giving their educational and civil rights achievements. This section also includes a list of 40 historically significant activist organizations. The fourth section discusses six important Civil Rights laws and concludes with the general accomplishments of the struggle.

America in 2004 is color coded—and it's not just a matter of red, white, and blue. The terror alert bounces from yellow to orange. The economy offers up a hundred shades of red ink. The environment is turning brown. National security is cloaked in gray shadows. And Jim Hightower covers it all with uncommon insight, political fearlessness, and laugh-out-loud humor.America's #1 populist gives us Let's Stop Beating Around the Bush—a hard- hitting, fact-filled review of the real state of the union that you won't get from the establishment media. With his daily radio commentaries and award-winning monthly newsletter, no one has chronicled the madness of King George the W, the wimpiness of corporate Democrats, and the aggressive avarice of Wall Street with the thoroughness and tenacity of Hightower. Now he brings that investigative punch into this wild and woolly book of fiery essays.With his satirical “Six Perfectly Good Reasons to Re-elect George W. Bush;” his mix of damning indictments and uplifting stories; and side bars, cartoons, games, and puzzles, Hightower has done the impossible: He has created a subversive read that makes politics fun again.

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Since the attacks of September 11, 2001, the tension between civil rights and public safety has dominated public discourse. On issues ranging from racial profiling to military tribunals, Americans have had to ask whether it is possible for the United States to defend itself against terrorism without violating the values and principles that lie at the heart of its democratic order. In Rights vs. Public Safety after 9/11, some of the nation's leading legal experts and social critics confront this question head-on. The contributors offer measured, often communitarian, approaches to topics such as the changes in United States immigration policy after September 11th, the practical and moral difficulties of racial profiling, the ethical dilemmas of an emergency response to a bioterrorist attack, and the role of the government in promoting national service. This balanced compilation of essays highlights where government will need to expand its authority in the fight against terrorism, where it risks overreaching, and how this new era might strengthen American society.

At the intersection of law and politics stands the U.S. Solicitor General. Although even the informed public rarely thinks of the solicitor general in relation to the major issues that have challenged American society, this office actually has considerable control over the cases the Supreme Court addresses. To bring the Office of Solicitor General (OSG) out of the shadows and into the clear light of public attention, Between Law and Politics looks at three hotly contested policy areas—race, gender, and reproductive rights—to see how the office balances the goals of the president, Congress, and the Supreme Court.The OSG is charged with helping the Supreme Court build a coherent doctrine and imposing some stability on the law. At the same time, the solicitor general is a presidential appointee. Deciding which cases to appeal, arguing those cases before the Supreme Court, and filing friendofthecourt briefs means the solicitor general plays an important role in furthering the policy objections of the current administration. Therein lies the tension between law and politics that is at the heart of the calculations the solicitor general makes on a daily basis.Using interviews with solicitors general and their staffs, members of the Department of Justice, and others, and analyzing Supreme Court cases beginning with the Truman administration, Richard Pacelle shows how the OSG balances the competing forces in its environment. His analysis is undergirded by aggregate analysis of the data gathered.This detailed and systematic study will be of great interest to those who study the Supreme Court, the presidency, and public policy. It is unique in its close examination of a number of particular areas of law and the strength and persuasiveness of its analysis of the competing constituencies that face the Office of the Solicitor General. The timeliness and controversial nature of the policy areas Pacelle examines give the book further importance to students of American politics.

Banning therapeutic and reproductive cloning jeopardizes more than cloning itself. The constitutional principles intertwined with cloning embrace such vital liberties as personal autonomy, privacy, reproduction, and freedom of expression. Properly understood, cloning is essentially the same as other forms of assisted reproduction. Procrustean bans on cloning implicate and indirectly threaten numerous key personal interests, including abortion, in vitro fertilization, same-sex adoption, and surrogacy. A government allowed to preemptively isolate and censor medico-scientific research into cloning may be emboldened to shut down other forms of disfavored inquiry and expression as well.Much of the animosity toward cloning is based on unfounded fear, science-fiction fantasy, moralistic bias, and slippery slope predictions, most of which is scientifically untenable or already illegal. Yet when people are cloned, they will in fact be less similar than identical twins; genetics aren't everything. Differing environments produce differing people, and human clones—distinct individuals—will be entitled to the same human rights and legal protections that have protected individuals for centuries. Kunich establishes the pressing need to evaluate cloning in a rational scientific and legal manner, before the extreme opposition sprouting from fear and misunderstanding, which has already led to several state laws, results in an unconstitutional federal ban.