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People For the American Way (PFAW) and People For
the American Way Foundation (PFAWF) sound the alarm when civil liberties
are threatened. The abandonment of our nation’s fundamental rights,
rather than striking a blow to terrorism, is likely to give those who
would attack America a victory they don’t deserve.
Erosion of Liberty
Since the attacks of September 11, our government has taken many steps to
secure the nation’s safety and prosecute those accused of plotting harm
against us. But some of those steps may do more damage to our freedom
than to our enemies.
Troubling government actions include:
- Broad new
investigative powers granted in the USA Patriot Act, which are not
narrowly tailored to combating terrorism.
- Adoption of new
FBI guidelines that allow surveillance without probable cause.
- Attempted
expansion of Executive Branch power, allowing the President to
unilaterally declare a U.S. citizen to be an enemy combatant, and to
suspend certain constitutional rights.
In response, PFAW sent a letter to all Members of
Congress on October 1, 2001, urging that any amendments and the final
legislation reflect the following principles:
- Language should
be carefully crafted in order to preserve constitutional liberties
and to prevent the creation of overly broad powers that could lead
to abuse.
- Meaningful
judicial review and oversight should not be short-circuited.
- Anti-terrorism
laws should be narrowly tailored to that purpose.
PFAWF celebrated a victory in August 2002 when U.S.
District Court Judge Gladys Kessler ordered the DOJ to release the names
of the detainees caught up in an anti-terrorism dragnet following the
events of last September. The Freedom of Information Act suit was filed
by 23 civil rights and civil liberties organizations, including PFAWF,
who was co-plaintiff and co-counsel on the suit. The Department of
Justice had responded to an earlier FOIA request with fragmentary,
inadequate information, prompting the suit.
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