ACLU The American Civil Liberties Union

 

The USA PATRIOT ACT and Government

Actions that Threaten Our Civil Liberties


New legislation and government

actions take away our freedom

With great haste and secrecy and in the name of the “war on terrorism,”

Congress passed legislation that gives the Executive Branch sweeping new

powers that undermine the Bill of Rights and are unnecessary to keep us

safe. This 342-page USA PATRIOT Act was passed on October 26, 2001,

with little debate by Members of Congress, most of whom did not even read

the bill. The Administration then initiated a flurry of executive orders,

regulations, and policies and practices that also threatened our rights.

 

The USA PATRIOT Act:

Expands terrorism laws to include “domestic terrorism” which

could subject political organizations to surveillance, wiretapping,

harassment, and criminal action for political advocacy.

Expands the ability of law enforcement to conduct secret

searches, gives them wide powers of phone and Internet

surveillance, and access to highly personal medical, financial,

mental health, and student records with minimal judicial oversight.

Allows FBI Agents to investigate American citizens for criminal

matters without probable cause of crime if they say it is for

intelligence purposes.”

Permits non-citizens to be jailed based on mere suspicion and to

be denied re-admission to the US for engaging in free speech.

Suspects convicted of no crime may be detained indefinitely in six

month increments without meaningful judicial review.

 

What rights are being threatened?

First Amendment - Freedom of religion, speech, assembly,

and the press.

Fourth Amendment - Freedom from unreasonable searches

and seizures.

Fifth Amendment - No person to be deprived of life, liberty or

property without due process of law.

Sixth Amendment - Right to a speedy public trial by an

impartial jury, right to be informed of the facts of the accusation,

right to confront witnesses and have the assistance of counsel.

Eighth Amendment - No excessive bail or cruel and unusual

punishment shall be imposed.

Fourteenth Amendment - All persons (citizens and noncitizens)

within the US are entitled to due process and the

equal protection of the laws.

 

 

New Federal Executive Branch Actions

• 8,000 Arab and South Asian immigrants have been

interrogated because of their religion or ethnic background,

not because of actual wrongdoing.

• Thousands of men, mostly of Arab and South Asian origin,

have been held in secretive federal custody for weeks and

months, sometimes without any charges filed against them.

The government has refused to publish their names and

whereabouts, even when ordered to do so by the courts.

• The press and the public have been barred from immigration

court hearings of those detained after September 11th and

the courts are ordered to keep secret even that the hearings

are taking place.

• The government is allowed to monitor communications between

federal detainees and their lawyers, destroying the attorneyclient

privilege and threatening the right to counsel.

• New Attorney General Guidelines allow FBI spying on religious

and political organizations and individuals without having

evidence of wrongdoing.

• President Bush has ordered military commissions to be set up to

try suspected terrorists who are not citizens. They can convict

based on hearsay and secret evidence by only two-thirds vote.

• American citizens suspected of terrorism are being held

indefinitely in military custody without being charged and without

access to lawyers.

 

What can be done?

This lack of due process and accountability violates the rights extended to all persons, citizens

and non-citizens, by the Bill of Rights. It resurrects the illegal COINTELPRO-type programs of

the ‘50’s, ‘60’s, and ‘70’s, where the FBI sought to disrupt and discredit thousands of individuals

and groups engaged in legitimate political activity.

The American Civil Liberties Union, along with thousands of organizations and individuals

concerned with protecting our civil rights and civil liberties, is campaigning to ensure that our

rights are not a casualty of the war on terrorism.

Join us in this effort to regain our hard-won freedoms.

• Support a resolution in your city rejecting the USA PATRIOT Act, joining your city with others

across the country in upholding the Bill of Rights.

• Contact your elected representatives and the President to express your opposition to the USA PATRIOT Act.

• Send letters to local newspapers. Organize discussions in your schools, organizations and religious institutions.

Become a member of the ACLU.

Because freedom can't protect itself.

For more information, go to www.aclu.org/safeandfree