In one instance, the FBI issued NSLs to obtain information after the FISC twice refused its requests on First Amendment grounds. The OIG also found that the FBI continues to impose gag orders on about 97% of NSL recipients and that, in some cases, the FBI failed to sufficiently justify why the gag orders were imposed in the first place" (Courts, 2008, ACLU). Its use of NSLs thus showed cavalier disregard for the First Amendment and made itself unaccountable to the public Benjamin Franklin once said that those who would sacrifice their liberty for their security deserve neither. This temptation can be seen in the history of the Patriot Act and Congress' willingness to allow the executive branch the authority to look into the private records of citizens, without a warrant or probable cause, in violation of the Fourth Amendment, simply because of vague suspicions -- and then, to 'gag' the recipient from revealing this in violation of the First Amendment. The one heartening thing about the sad story of NSLs and the American justice system is that justice has prevailed, and aspects of the Patriot Act in flagrant violation of the Constitution have been struck down by courageous judges, willing to make what can be politically unpopular decisions to preserve our liberties. At present, it is uncertain as to how the Obama Administration will use NSLs but one thing is clear -- citizens and civil libertarian organizations will continue to fight against the Patriot Act's...
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PATRIOT ACT V. FOURTH AMENDMENT Patriot Act & 4th Amendment The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English government to conduct door-to-door searches and mass arrests, often as a coercive method for achieving social and political goals (Maclin and Mirabella, 2011, p. 1052). With this history in mind the text of
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, with no warrant attached to the demand. They are given out without probably cause or any justice-related back-up, and have been used extensively since the Patriot Act; they are
USA Patriot Act on Law Enforcement Patriot Act Impact of the U.S.A. PATRIOT Act on Law Enforcement Impact of the U.S.A. PATRIOT Act on Law Enforcement A number of legislative bills and provisions were considered by the U.S. Congress in the aftermath of the September 11, 2001 attacks on the New York World Trade Centers and the Pentagon (Wong, 2006a). With close to 3,000 Americans having lost their lives in the attacks, the
In this case, it may be seen that the Patriot Act does not protect all citizens. It can be used to violate basic human right. Use of National Security Letters. The use of National Security Letters where the government asks private agencies (media, banks, etc.) for private information and give a NSL, wherein said agency cannot divulge the fact that they had given the said information, has also been rampant.
Patriotic Act Arguments for and against the Patriot Act The unusual events surrounding the creation and passing of the Patriot Act make it a suspect bill in many eyes. However, major media reports like this one: "Fifty-nine percent in an ABC News/Washington Post poll favor continuing the additional investigative authority in terrorism investigations that was granted to the FBI starting in 2001. President Bush urged such an extension of the Patriot Act
These liberties are those on which this country was formed and have been upheld for many years as absolute certainties. The Patriot Act has put a lot of doubt on whether these liberties are still protected guarantees. With this act giving the Government the power to use wiretaps to spy on people, search warrants to look for things that they don't even have to tell you about and the ability
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