Prioritizing individual rights and those of the public has long been the subject of debate. Do the rights of the individual outweigh those of the community? Arguments for both are strong and valid, yet defining the line between individual rights and public safety proves to be challenging. Individual rights are vital to living freely, however freedom without security is not possible as citizens are not truly free if they are not safe. Public health is becoming more of a concern for citizens. A controversial public health issue often reported in the news is vaccinations and the right of parents to opt not to vaccinate their children. Immunization from diseases has eliminated the spread of many infectious and possibly deadly diseases. Measles, …show more content…
(Bill or Rights, n.d.) Attempting to keep the country safe while supporting its citizens’ rights is a continuous struggle for the government and its agencies. Absolute privacy with absolute safety, albeit utopia, is a lofty expectation and a challenge to procure. The Associated Press - NORC Center for Public Affairs Research reports 42 percent of Americans feel their security should be a vital objective of the government. While civil libertarians may strongly disagree, 54 percent of Americans feel individual rights may need to be forfeited in order to avert terrorist acts. Warrantless surveillance has been a very contentious subject relating to this right, especially surrounding the abilities granted to governmental agencies such as the National Security Agency (NSA) via The Patriot and USA Freedom Acts. Despite this controversy, more than half of Americans, 56 percent, still believe the government possesses the right to surveil internet correspondence, conversations, and phone calls without a warrant for suspicious or terrorist activity. This may be due to the fact that the number of Americans who fear that they or someone in their family could eventually become the victim of a terrorist act has doubled since 2013. (Americans,
The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.
In today's society, you are always being watched. The USA PATRIOT Act wants it to stay that way. According to Chris Plante in, "A Short, Crucial Explanation of the USA PATRIOT Act and USA Freedom Act," the USA PATRIOT Act, or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, creates an, "[...] expansion of government power pertaining to domestic surveillance, law enforcement, and border security." (The Verge). The USA PATRIOT Act allows increased spying on citizens in the United States in order to decrease crime and terrorism. The Patriot Act Poll Results via ISideWith tell a story of a lack of understanding about the USA PATRIOT Act, however, with approximately 55% of Americans supporting the act. However, despite the belief it is a well-regulated, necessary act, the USA PATRIOT Act must be repealed due to the abuses the act allows, the violations of citizens' rights, and the inefficiency of the act in preventing crime and terrorism.
The NSA, or National Security Agency, is an American government intelligence agency responsible for collecting data on other countries and sometimes on American citizens in order to protect the country from outside risks. They can collect anything from the people’s phone data to their browser history and use it against them in the court of law. Since the catastrophes of September 11 attacks, the NSA’s surveillance capabilities have grown with the benefit of George W. Bush and the Executive Branch (Haugen 153). This decision has left a country divided for fifteen years, with people who agree that the NSA should be strengthened and others who think their powers should be limited or terminated. Although strengthening NSA surveillance may help the
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) is one of the most controversial pieces of legislation to ever pass through the US Senate. Its critics use fear mongering tactics to scare people into opposition of an intrusive police state which they believe is inevitable given the government’s new powers. They consider the Act an assault on civil liberties and an invasion of the privacy of innocent American citizens. Yet the real issue is not that the government now has new powers, it’s that the American people do not trust our intelligence agencies to handle these new powers properly while still respecting their rights.
Technology has become very effective for a thriving generation, but it also possesses a handful of flaws that counter the benefits. Technologies help people post and deliver a message in a matter of seconds in order to get a message spread quickly. It also gives individuals the power to be the person they want to be by only showing one side of themselves. But sometimes information that had intentions of remaining protected gets out. That information is now open for all human eyes to see. This information, quite frankly, becomes everybody’s information and can be bought and sold without the individual being aware of it at all. However, this is no accident. Americans in the post 9/11 era have grown accustomed to being monitored. Government entities such as the NSA and laws such as the Patriot Act have received power to do so in order to protect security of Americans. However, the founding fathers wrote the fourth amendment to protect against violations of individual’s privacy without reason. In a rapidly growing technological world, civil liberties are increasingly being violated by privacy wiretapping from government entities such as the NSA, Patriot Act and the reduction of the Fourth Amendment.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
A paradox has always exists between the issue of civil liberties and national security. Democracy creates civil liberties that allow the freedom of association, expression, as well as movement, but there are some people use such liberal democracy to plan and execute violence, to destabilize State structures. It illustrates the delicate balance existing between reducing civil liberties to enhance security in a state. States have detained suspects for years and have also conducted extensive privacy incursions as strategies to combat terror, however it risks violation of civil liberties. This essay discusses the extent to which a state should be allowed to restrict civil liberties for the enhancement of national security and not abandon democratic values. It looks at aspects of the legal response to terrorism in the United States after the 9/11 attack.
The threat of terrorism creates a fear that allows government agencies to subvert the United States Constitution and common morals out of the threat that they will be unable to combat terrorism without performing these rights violations. After the attacks on New York City and Washington, D.C. on September 11th, 2001, the United States Congress passed the USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act (“NSA Surveillance Programs”). This act essentially gives a blank check of domestic and foreign rights violations to the federal government, specifically the National Security Agency, as long as the violation is done in the name of fighting terrorism. Reports came out numerous times over the next decade, specifically December 2005, May 2006, and March 2012, detailing how the National Security Agency was able to stretch its powers, even beyond this liberal and controversial bill, to surveil its citizens’ private phone conversations with neither warrants nor provable suspicion of a crime taking or about to take place (“NSA Surveillance Programs”). The former of these reports was by the New York Times, which had known for nearly a year about this program but
Benjamin Franklin, one of the founding fathers of the United States, once said “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In America’s society today, some are willing to sacrifice their civil liberties in order to gain protection and security over some potential threat. Especially after the events of September 11th and several attempted bombings in U.S. cities. This sacrifice of individual freedoms such as the freedom of speech, expression, the right to information, to new technologies, and so forth, for additional protection is more of a loss than a gain. Citizens of the United States deserve equal liberty and safety overall, as someone should not have to give up
During the past decade, an issue has arisen from the minds of people, on which is more important? Privacy or national security? The problem with the privacy is that people do not feel they have enough of it and national security is increasing causing the government to be less worried about the people. National security is growing out of control which has led to the decrease in people’s privacy and has created fear in the eyes of U.S. citizens. “Twelve years after the terrorist attacks of Sept. 11, 2001, and amid a summer of revelations about the extent of the surveillance state built up to prevent others, leaders, experts and average Americans alike are searching for the right balance between security and privacy” (Noble). Americans should be able to live their daily lives without fear of an overpowered government or a “big brother” figure taking over. “According to a CBS News poll released Tuesday evening, nearly 6 in 10 Americans said they disapproved of the federal government’s collecting phone records of ordinary Americans in order to reduce terrorism” (Gonchar). While it is good to keep our country safe with security, American’s privacy should be more important because there is a substantial amount of national security, the people 's rights should matter first.
“The consciousness of being at war, and therefore in danger, makes the handing-over of all power to a small caste seem the natural, unavoidable condition of survival” (Orwell). The world today is full of many dangers domestic and abroad. It has become a routine in the news to report on the daily mass shooting or update with the war on terror. We live in a world where being worried is justified; however, we should not give up our constitutional rights in the face of fear. The NSA’s dragnet surveillance programs, such as PRISM, are both ineffective and are surpassed by less questionable national security programs. The FISA court's’ approval of NSA actions are not only illegal, but exist as an embarrassing formality. Surveillance is a necessary
Privacy is, and should continue to be, a fundamental dimension of living in a free, democratic society. Laws protect “government, credit, communications, education, bank, cable, video, motor vehicle, health, telecommunications, children’s and financial information; generally carve out exceptions for disclosure of personal information; and authorize the use of warrants, subpoenas, and court orders to obtain the information.” (Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Program Assessment, 2008) This is where a lot of people feel as though they have their privacy violated. Most Americans are law-abiding citizens who do not commit illegal acts against the country, they want to go about their lives, minding their own business and not having to worry about outside interference. The fine line between privacy and National Security may not be so fine in everyone’s mind. While it is the job of government agencies to ensure the overall safety of the country and those living in it, the citizens that obey the law and do not do anything illegal often wonder why they are subject to any kind of search, when they can clearly point out, through documentation, that they have never done anything wrong.
The attacks on American soil that solemn day of September 11, 2001, ignited a quarrel that the grade of singular privacy, need not be given away in the hunt of grander security. The security measures in place were planned to protect our democracy and its liberties yet, they are merely eroding the very existence with the start of a socialistic paradigm. Benjamin Franklin (1759), warned more than two centuries ago: “they that can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” Implementing security measures comes at a cost both economically and socially. Government bureaucrats can and will utilize information for personal political objectives. The Supreme Court is the final arbitrator
The Patriot Act was hastily passed just a month later October and it severely limited the privacy of Americans and gave unprecedented power to the government and private agencies to track innocent Americans, turning regular citizens into suspects.5 In addition, the great technological evolution and emerged of social media that occurred round the same time, and shortly thereafter, created the perfect storm for the emergence of the largely unregulated surveillance society that we live in today.6 The result is digitization of people’s personal and professional lives so that every single digital trace that people leave can be identified, stored, and aggregated to constitute a composite sketch of ourselves and its only getting worse. In 2008, passed the FISA Amendments Act, which expands the government’s authority to monitor Americans’ international communications, in addition to domestic communications.7 In short, after 9/11 the U.S is left with a national surveillance state, in which “the proliferation of government technology and bureaucracies that are able to acquire vast and detailed amounts of digital information about individuals with minimal or no judicial supervision and often in complete secrecy,” giving the government and corporations with access to the data that the government compiles the ability to single
Although we live in a nation that places a premium value on personal freedom, it is also a nation whose population considers its own safety and welfare as paramount rights. This creates a need for some measure of public order. Such public order mechanisms are typically expressed in the form of laws. The laws of the United States are an attempt to balance the desire for individual freedoms with the desire for universal safety. (D'Augostino, 2008)