Taking Liberties

The War on Terror and the Erosion of American Democracy

Susan N. Herman (Autor)

Buch | Hardcover

296 Seiten

2011
Oxford University Press Inc (Verlag)
978-0-19-978254-3 (ISBN)

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In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. A decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics-such as the Patriot Act-are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives-and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution.
Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors-errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.

Susan N. Herman became president of the American Civil Liberties Union in 2008 after serving on its national board for twenty years. A constitutional scholar and chaired professor at Brooklyn Law School, she is the co-editor (with Paul Finkelman) of Terrorism, Government, and Law and the author of The Right to a Speedy and Public Trial.

Introduction ; PART I: DRAGNETS AND WATCHLISTS ; Chapter 1 The Webmaster and the Football Player ; The Material Support Dragnet ; The Football Player ; The Material Support and Material Witness Dragnets ; Chapter 2. <"Foreign Terrorist Organizations,>" Humanitarians, ; and the First Amendment ; The Iranian Democrat ; Peacemakers and Humanitarians ; Chapter 3. Charity at Home ; The Campaign against Charities ; Collateral Damage to Freedom of Religion and Association ; Chapter 4 Traveling with Terror ; Watching the Watchlists ; Security Theater? ; The Rights of Others ; Chapter 5 Banks and Databanks ; Financial Institutions as TIPSters ; Watchlists and the Private Sector ; Does It Work? ; Collecting the Dots ; Why Should I Care? - Privacy and Democracy ; PART II - SURVEILLANCE AND SECRECY ; Chapter 6 Gutting the Fourth Amendment ; The Fourth Amendment and Terrorism ; <"Foreign>" Intelligence Surveillance, Americans, and the Patriot Act ; Mayfield v. United States Part II ; The Secret Court and the One-Sided Litigation ; A Job for Congress and the Courts ; Chapter 7 The Patriot Act and Library/Business Records ; American Librarians ; Judicial Fumbling ; Third Party Records and the Fourth Amendment ; Reconsidering the <"Library Provision>" ; Chapter 8 Gagging the Librarians ; The Library Connection ; Other Librarian Tales ; Chapter 9 John Doe and the National Security Letter ; Why National Security Letters? ; John Doe and Victor Marrero ; Loosening the Gag ; Fourth Amendment Rights for NSL Recipients ; First Amendment Rights for Internet Users ; The Inspector General Exposes 2007-2010 ; National Security Letters, the Fourth Amendment, and Congress ; Chapter 10 The President's Surveillance Program ; In the Halls of the Department of Justice ; The Rubber Stamp Congress ; Closing the Courthouse Doors ; Post-FAA Litigation ; The Secret Court Strikes Again ; <"What Else Is It That We Don't Know?>" ; PART III: RESTORING CHECKS AND BALANCES ; Chapter 11 American Democracy - The President, the Congress, and the Courts ; The View from the Oval Office - From Bush to Obama and Beyond ; The Sleeping Watchdog ; Secrecy and the Courts ; The Eclipse of the Courts ; Conclusion ; Ordinary Americans ; Restoring Balance

Erscheint lt. Verlag	24.11.2011
Verlagsort	New York
Sprache	englisch
Gewicht	530 g
Themenwelt	Geschichte ► Allgemeine Geschichte ► Zeitgeschichte
	Geisteswissenschaften ► Geschichte ► Regional- / Ländergeschichte
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Strafrecht ► Besonderes Strafrecht
	Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung
ISBN-10	0-19-978254-7 / 0199782547
ISBN-13	978-0-19-978254-3 / 9780199782543
Zustand	Neuware