ACLU v. NSA Debate Claire Roos

1.) The Executive Branch should not be able to spy on Americans without a court warrant in order to try to prevent future terrorist attacks on the United States because this would result primarily in a violation of the right to privacy and right to no unreasonable searches or seizures.

2.) Background on ACLU v. NSA:

Many prestigious journalists who often communicate with people over seas (often in the Middle East) to obtain accurate news sources have reason to believe that the United States government is intercepting these communications due to the location and reason of calls. In 2001, the NSA launched the program, ratified by George Bush, that allows for the interception of international communications without any kind of warrant. In 2006, this case was taken to court and the district court ruled that the NSA program allowing spying was unconstitutional. However, this ruling was overturned in 2007 because the plaintiffs could not be certain if they were actually wiretapped. The ACLU then requested the Supreme Court to review the ruling, but declined to do it in 2008.

3.) Reasons:

• The first amendment of the U.S. Constitution protects the right to free speech, which is being violated if the government can arrest someone for terrorist activity based on communications without court approval.
• The implied right to privacy is being violated because the government is listening and reading people's private, not public conversations and using them to prosecute people.
• The fourth amendment protects citizens from unreasonable search and seizures. Searches and seizures require a warrant, which in the NSA program, is not required to wiretap.
• This is a violation of the separation of powers because the president ignored congress's rulings/regulations against unwarranted spying. the Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and the Foreign Intelligence Surveillance Act (FISA) from 1978 both issue strict regulations and limitations of surveillance, which are being violated by the NSA.

4.) Counter Arguments

• The president's power as commander in chief gives him the power to take actions necessary to insure the safety of the United States during a war (the war on terror).
• If the program was made in accordance with the rules and regulations listed in FISA, then the wiretapping program is legal.

5.) Video

http://www.youtube.com/watch?v=bYVxlCA9vPQ

This video explains the reasons why the NSA program is unconstitutional. It explains how FISA made it illegal for the executive branch to make searches and seizures and eavesdrop without a warrant, however, Bush allowed the NSA to violate this law. Also, the reporters in question were simply trying to do their job and promote democracy, but now they are unable to do so.