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Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security

by and

Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security Cover

 

Synopses & Reviews

Publisher Comments:

New Revised 2002 Edition with Analysis of USA Patriot Act and Governemnt Response to September 11 Attacks.

This book by CDT deputy director Jim Dempsey and Georgetown law professor David Cole documents how civil liberties are sacrificed in the name of fighting terrorism.

The attacks of September 11 gave added urgency to the challenge of anticipating and preventing ideologically-motivated violence without infringing on privacy, due process, freedom of speech and the right of association. Unfortunately, the history of the Federal Bureau of Investigation is one of repeated abuses of civil liberties in the name of national security, and steps taken since September 11 repeat the pattern.

Authors Jim Dempsey and David Cole trace this history. Their review of the abuses occurring today — denials of due process, detentions of aliens based on secret evidence, broadened intelligence surveillance — culminates with recommendations for a counterterrorism strategy that would conform to the Constitution — one focused on individual culpability for acts of violence rather than on political or religious ideology.

Written for the general audience, yet laden with endnotes of value to activists and lawyers, Terrorism and the Constitution is a balanced examination of the problem of terrorism from a civil liberties perspective.

Review:

Praise for the 1999 Edition:
"James X. Dempsey and David Cole devastatingly document the damage to our Constitution done in the name of counterterrorism. This book should be read by anyone who cares about civil liberties." Victor Navasky, Publisher and Editorial Director, The Nation

Review:

Praise for the 1999 Edition:
"A most useful book on a delicate subject." Gore Vidal

Review:

Praise for the 1999 Edition:
"The author's incisive analysis goes beyond exposing the flaws in the current laws and their interpretation by the courts. They recommend policies that would achieve the required objectives of protection against terrorist threats without falling into the trap of political, religious or ethnic intolerance." Hala Maksoud, President, American-Arab Anti-Discrimination Committee

Review:

Praise for the 1999 Edition:
"This chilling book describes the FBI's expansive authority to investigate protected speech and association." Charles Willett, External Coordinator, alternatives in Print Task Force Responsibilites Round Table, American Library Association

Review:

Praise for the 1999 Edition:
"Cole and Dempsey demonstrate how unchecked Federal law enforcement agencies pose a danger to fundamental political freedom. To those who believe that 'McCarthyism' describes a past period, this book provides a needed wake-up call." Dr. James Zogby, President, Arab American Institute

Table of Contents

Dedication — v
Preface to the Second Edition — ix
Foreword to the First Edition by Carole Goldberg — xiii
1. Introduction — 1

Part 1: Investigating Frist Amendment Activities:
The FBI's Recent History

2. The FBI's Investigation of Central American Activists, 1981 - 1985 — 21
3. The Investigation and Attempted Deportation of the Los Angeles 8 — 35
4. Intelligence Investigations from Amnesty International to Earth First! — 49

Part II: Control vs. Discretion:
The Limits of Legal Restrictions on the FBI's Authority

5. Mechanisms for Control of the FBI — 65
6. Seventy-Five years of REform and Retrenchment — 71
7. Constitutional Limist — The Role of the Judiciary — 91

Part III: The 1996 and 2001 Antiterrorism Acts:
Curtailing Civil Liberties in the Name of Fighting Terrorism

8. Prologue to the 1996 Antiterrorism Act — 107
9. The 1996 Antiterrorism Act's Central Provisions — 117
10. The Impact of the 1996 Act — 127
11. Fighting a War against Terrorism, at Home and Abroad — 147
12. Conclusion — 177

Appendix — Law Professors' Petition — 189

Product Details

ISBN:
9780962770531
Subtitle:
(sacrificing civil liberties in the name of national security )
Author:
James X. Dempsey and David Cole
Publisher:
First Amendment Foundation
Location:
Washington, DC
Subject:
Terrorism
Subject:
Civil Rights
Subject:
National security
Copyright:
Edition Number:
2nd ed.
Series Volume:
no. 01-10-012
Publication Date:
January 2002
Binding:
TRADE PAPER
Pages:
233 p.

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Related Subjects

History and Social Science » Law » Civil Liberties and Human Rights
History and Social Science » Politics » Peace and War

Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security Used Trade Paper
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Product details 233 p. pages First Amendment Foundation - English 9780962770531 Reviews:
"Review" by , Praise for the 1999 Edition:
"James X. Dempsey and David Cole devastatingly document the damage to our Constitution done in the name of counterterrorism. This book should be read by anyone who cares about civil liberties."
"Review" by , Praise for the 1999 Edition:
"A most useful book on a delicate subject."
"Review" by , Praise for the 1999 Edition:
"The author's incisive analysis goes beyond exposing the flaws in the current laws and their interpretation by the courts. They recommend policies that would achieve the required objectives of protection against terrorist threats without falling into the trap of political, religious or ethnic intolerance."
"Review" by , Praise for the 1999 Edition:
"This chilling book describes the FBI's expansive authority to investigate protected speech and association." Charles Willett, External Coordinator, alternatives in Print Task Force Responsibilites Round Table, American Library Association
"Review" by , Praise for the 1999 Edition:
"Cole and Dempsey demonstrate how unchecked Federal law enforcement agencies pose a danger to fundamental political freedom. To those who believe that 'McCarthyism' describes a past period, this book provides a needed wake-up call."
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