1. U.S. and Texas Politics and Constitution Civil Liberties I February 3, 2015
J. Bryan Cole
POLS 1336

2. What are Civil Liberties?
Definition: “constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference” (p. 110)
Limitations placed on the government, usually from infringing upon certain rights afforded to individuals

3. Examples of Civil Liberties

4. Examples of Civil Liberties

5. Constrasting Civil Liberties and Civil Rights
“Freedom to” – Civil liberties restrain the government
Liberties are best enjoyed when the government does not interfere with them
“Freedom from” – Civil rights empower the government to act
The government must step in to ensure that everyone’s rights are protected

6. Overview American history as a struggle between competing interests
What are the two competing interests involved in civil liberties?

7. Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Where do you see this issue coming up in everyday life?

8. Common Applications of the Fourth Amendment – 8:30

9. Common Applications of the Fourth Amendment

10. Additional Discussion of the Fourth Amendment
Constitutional Conversation - The Fourth Amendment
What is the broad goal of the 4th Amendment?

11. “To insure domestic tranquility…”
9/11 reopened a long debate concerning freedom v. security
The government adopted many new measures to prevent another terrorist attack

12. President Bush and Post 9/11 Civil Liberties
“From the beginning, I knew the public reaction to my decisions would be colored by whether there was another attack. If none happened, whatever I did would probably look like an overreaction. If we were attacked again, people would demand to know why I hadn’t done more” (p. 180).

13. USA Patriot Act
Full name: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
Intended to facilitate and streamline the ability of law enforcement and intelligent agencies to share information, tearing down what was known as “the wall”

14. USA Patriot Act Controversial provisions (not all of them):
Roving wiretaps
Freezing financial aspects of suspected terrorists
Access to business and library records through warrants
Parts of it (including these provisions) renewed in 2005 and 2010

15. National Security Agency
AKA “No Such Agency”
Job is to intercept overseas conversations between terrorists, but there were some loopholes
President Bush controversially sought to streamline the process through the use of warrantless wiretapping, revealed in 2005

16. The NSA in the Obama Administration
The Guardian (a London newspaper) reveals that the NSA has been collecting from Verizon “metadata” about phone calls
Foreign Surveillance Intelligence (FISA) Court secretly granted this authority to the FBI
Eventually, Edward Snowden authorized The Guardian to reveal himself as the leaker
Not surprisingly, these revelations have renewed this ongoing freedom v. security debate

17. Reactions to the News
Many members of Congress from both political parties have been outraged
Recent polling data on the NSA reveal deep divisions among Americans
Several attempts are now underway to rein in the NSA

18. Lawsuits Private citizens challenge NSA
Washington D.C.
New York
Private citizens challenge NSA
Judge Richard Leon describes the program as “almost Orwellian”
American Civil Liberties Union v. United States
Judge William Pauley sides with the NSA

19. Presidential Commission on the NSA
Last August, President Obama established a panel of experts to make recommendations for reforms at the NSA
The panel issued recommendations in early 2014; Obama news conference on his reactions, dated Jan. 17, 2014

20. Discussion Questions
Do you think that the NSA is overstepping its authority and infringing upon your civil liberties? Why or why not?
Suppose that you are President. Would you support these NSA activities?

21. Support Oppose Not sure
Do you support or oppose the federal government program in which all phone calls are scanned to see if any calls are going to a phone number linked to terrorism?
Support
Oppose
Not sure