I’m not seeking damages or a judgment that what the Department of Homeland Security did was illegal, but I do want to understand who else the department reported on based on First Amendment-protected activity.
As the threat of terrorism has grown, civilian agencies are increasingly thrust into the national security conversation. The laws and regulations that govern aviation, immigration, and international trade have become key parts of the national security apparatus. Debates over no-fly lists, border security, and the protection of airplane technology now take place alongside those over the military’s rules of engagement or the value of NSA programs. These new debates seem no less likely to disappear.