Civil Liberties and Constitutional Rights

U.S. National Archives / Ben Balter (background)

Too often, national security and personal liberties are portrayed as inversely related. This is simplistic, and also clearly wrong. After all, in the absence of security, it would be impossible to enjoy our freedoms at all. Nevertheless, some of the hardest national security choices are inevitably those that involve tradeoffs with civil liberties. The need to gather information on our enemies rubs up against expectations of privacy. The eroding line between war and law enforcement endangers principles of due process. And the need to keep secrets increasingly leads to tension with a robust free press.

 

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Civil Liberties and Constitutional Rights

A Journalistic Query for Lawfare Readers

My friend and Brookings colleague Jonathan Rauch is working on a journalistic project, for which he is taking an interesting reporting approach: He's soliciting input from Lawfare readers. I've posted his query below and hope people have time to respond. Jonathan is a contributing editor of the Atlantic who writes thoughtful, high-impact articles; and the topic he's writing about—how to identify and defend liberal-democratic red-lines should the Trump Administration cross any—is certainly important.

Here's his query:

Civil Liberties and Constitutional Rights

NYPD Blues: The NYPD Inspector General Makes His Mark on Handschu

On October 28th, a federal judge in New York rejected a proposed settlement to the ongoing litigation concerning the New York City Police Department’s surveillance of Muslim communities in and around the city. This post examines the case and the NYPD Inspector General's role in it.

Aegis Paper Series

Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance

This paper examines this gatekeeper function US industry plays in surveillance and recommends surveillance reforms that will reinforce that function without denying necessary government access to information.

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