What do we know and how do we know?
What is the definition of fear mongering?
Fear mongering is the action of deliberately arousing public fear or alarm about a particular issue. Being said that the government will tell you statements like, “this is for your safety.’
Benjamin Franklin once said: ‘’Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.’’
Just six weeks after September 11th as a result of panic from Congress the USA/Patriot Act was passed. This was essentially an overnight revision to the nation’s surveillance laws that gave and expanded the federal government’s authority to spy on its own citizens. Many senators complained that before this act was passed they had little to no time to review or analyze it. The Bush Administration implied that members who voted against it would be blamed for any future attacks against Americans and landmarks. Once again another example of fear mongering.
The Patriots Act increases the government’s powers to spy in four areas such as,
Records Searches
Secret Searches
Intelligence Searches
‘’Trap and trace’’ searches
The question then arises, what are the effects of checks and balances?
The answer varies but what is known is that the government no longer has to show evidence that the subjects of search orders are “an agent of foreign power.’’ Post 911 there was requirements that would protect Americans from this abuse of power. The FBI does not have to show a reasonable suspicion that any records obtained are related to criminal activity much less the requirement for “probable cause” that is listed under the Fourth Amendment to the US Constitution. Also surveillance orders can be based on ones First Amendment activities such as books they read or websites they visit.
Why is the expansion of the Patriot’s Act a violation of the constitution?
Violates the Fourth Amendment which says the government cannot conduct a search without a warrant and showing probable cause to believe a person has committed or will commit a crime.
Violates the First Amendment’s guarantee of free speech by prohibiting the recipients of search orders from telling others about these orders.
Violates the First Amendment by authorizing the FBI to launch investigations of American citizens for expressing their freedom of speech.
Violates the Fourth Amendment by failing to provide notice to persons whose privacy has been compromised. This notice is also a key element of due process which is a guarantee of the Fifth Amendment.