Now What? The Patriot Act
Just 45 days after the September 11 attacks, with virtually no debate, Congress
passed the USA PATRIOT Act. There are significant flaws in the Patriot Act,
flaws that threaten your fundamental freedoms by giving the government the
power to access to your medical records, tax records, information about the
books you buy or borrow without probable cause, and the power to break into
your home and conduct secret searches without telling you for weeks, months,
or indefinitely.
Some of these flawed provisions are set to expire at the end of the year.
But President Bush wants to make them permanent, and the House and Senate
have been holding hearings in preparation for votes that are expected in
June and July.
Learn more about the flawed provisions in this legislation using the resources
below. Find out how you can get involved, and help urge Congress to bring
the Patriot Act in line with the Constitution.
The USA PATRIOT ACT and Government Actions that Threaten Our Civil Liberties
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.
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.
New legislation and government actions take away our freedom 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.
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 attorney client 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.
The USA PATRIOT Act: What rights are being threatened?
New Federal Executive Branch Actions.
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.
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Patriot Act