Aim: To what extent does the Patriot Act violate civil liberties? Do Now: Using your cell phone, take the following poll. “Of the 10 civil liberties guaranteed by the Bill of Rights, which amendment do you think is the most important?” 1- Freedom of religion, speech, press, assembly, and petition 2- Right to keep and bear arms in order to maintain a well regulated militia 3- No quartering of soldiers 4- Freedom from unreasonable searches and seizures 5- Right to due process of law, freedom from self-incrimination, double jeopardy 6- Rights of accused person, e.g., right to speedy and public trial 7- Right of trail by jury in civil cases 8- Freedom from excessive bail, cruel and unusual punishments 9- individuals have other fundamental rights in addition to those listed in the Bill of Rights 10- Powers reserved to the states

Homework Outline of Thematic Essay on Civil Liberties vs. National Security.

Turn & Talk With a partner, brainstorm 3 events in which the government might want to limit civil liberties.

Sept. 11, Al Qaeda militants high jacked four airliners and carried out suicide attacks against targets in the US Some of the terrorists had lived in the US for almost a year and had taken flying lesson at American commercial flight schools. – Two planes were flown into the Twin Towers – 1 plan hit the Pentagon – 1 crashed in a field in Pennsylvania – Over 3,000 people were killed

Response to 9/11: Patriot Act The Patriot Act increases the government's surveillance powers in four areas: – Records searches. It expands the government's ability to look at records on an individual's activity being held by third parties. (Section 215) – Secret searches. It expands the government's ability to search private property without notice to the owner. (Section 213) – Intelligence searches. It expands a narrow exception to the Fourth Amendment that had been created for the collection of foreign intelligence information (Section 218). – "Trap and trace" searches. It expands another Fourth Amendment exception for spying that collects "addressing" information about the origin and destination of communications, as opposed to the content (Section 214).

Is the Patriot Act Unconstitutional? Section 215 of the Patriot Act violates the Constitution in several ways. It: – Violates the Fourth Amendment (government cannot conduct a search without obtaining a warrant and showing probable cause). – Violates the First Amendment's guarantee of free speech by prohibiting the recipients of search orders from telling others about those orders. – Violates the First Amendment by effectively authorizing the FBI to launch investigations of American citizens in part for exercising their freedom of speech. – Violates the Fourth Amendment by failing to provide notice - even after the fact - to persons whose privacy has been compromised. Notice is also a key element of due process, which is guaranteed by the Fifth Amendment.

DBQ Activity Row 1: Docs 1 & 2 Row 2: Docs 3 & 4 Row 3: Docs 5 & 6 Row 4: Docs 7 & 8 Row 5: Docs 1 & 9 Row 6: Docs 6 & 8

Summary Should civil liberties be sacrificed for national security? Explain why or why not in 5-6 sentences.