American Civil Liberties Union

National Security:
Throughout U.S. history "national security" has often been used as a pretext for massive violations of individual rights. The terrorist attacks on Sept. 11 mobilized our country in the fight against terrorism. However, this also launched a serious civil liberties crises. The ACLU continues to challenge policies like the USA Patriot Act, and creates campaigns like Safe and Free.



Freedom Files - Season 2
Ideological Exclusion

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National Security : General : Press Releases view all

ACLU Says No Deal on an Unconstitutional FISA Compromise (06/05/2008)
Washington, DC – As news continues to trickle down from Capitol Hill regarding a deal on surveillance legislation, the American Civil Liberties Union once again voiced its fervent opposition to any attempt to undercut the Fourth Amendment or allow the telecommunications companies to gain blanket immunity for illegal spying. Before the Memorial Day recess the ranking member of the Senate Select Committee on Intelligence, Senator Christopher Bond (R-MO) floated what he claims is a compromise on surveillance legislation that will allow for sham court proceedings, virtually guaranteeing immunity to telecommunications companies. The ACLU strongly opposes this unconstitutional proposal.

ACLU Rejects FISA “Compromise” (05/23/2008)
Washington, DC – Responding to a proposal from Senate Intelligence Ranking Member, Senator Christopher Bond (R-MO), the American Civil Liberties Union today criticized yet another attempt to gut the Foreign Intelligence Surveillance Act (FISA) and grant immunity to telecommunications companies. The proposal, which has the backing of the Bush administration, would allow for cases against the telecommunications companies to be held in a secret court and redundantly would restate the provision already in FISA making it the exclusive means to wiretap within the United States – after weakening FISA to allow the president’s warrantless wiretapping program to proceed virtually unfettered.

ACLU Praises Adoption of Amendment Requiring Video Recording of Interrogations (05/23/2008)
WASHINGTON, DC - The American Civil Liberties Union praises last night's House of Representatives floor vote that adopted, by a margin of 218-192 (including 15 Republicans) the Holt/Tauscher/Grijalva/Schakowsky Amendment to the Duncan Hunter National Defense Authorization Act. The amendment requires the recording and retention of videos of strategic interrogations of persons under the custody or control of the Defense Department. The amendment would bring these interrogations into line with recommended best practices for military and law enforcement interrogations - increasing accountability for compliance with the McCain Anti-Torture Amendment and other anti-torture laws.

ACLU Skeptical of Senate Report on "Homegrown" Terrorism (05/08/2008)
Washington, DC – After Senators Joseph Lieberman (I-CT) and Susan Collins (R-ME) introduced a report on Islamic homegrown terrorism today, the American Civil Liberties Union strongly urged Congress to use caution when moving forward on related legislation, the Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 (S. 1959). The report, "Violent Islamist Extremism, the Internet, and the Homegrown Terrorism Threat," is based on findings from hearings held by the Senate Committee on Homeland Security and Governmental Affairs. The ACLU and nearly twenty other groups sent a memo to the committee outlining concerns with the report, most notably the free speech implications of labeling the internet as a "weapon" and the unfair singling out of one religious group as possible "extremists."

ACLU Commends Senator Feingold for Hearing on Secret Law (04/30/2008)
Washington, DC – The American Civil Liberties Union today applauded a Senate subcommittee for holding a hearing on the Bush administration’s use of secrecy to institute government policy. During the hearing, entitled “Secret Law and the Threat to Democratic and Accountable Government,” the Senate Judiciary Subcommittee on the Constitution and its chairman, Senator Russell Feingold (D-WI), heard testimony from legal experts and open government advocates. The hearing focused on the administration’s broad interpretation of the law as it relates to government secrecy and counterterrorism policies – including a legal opinion written by former Justice Department Official John Yoo on the use of torture in interrogations. That memo was made public through a Freedom of Information Act (FOIA) request made by the ACLU.

National Security : General : Publications

National Security Research Group (02/19/2007)
The Harvard Law School National Security Research Group (NSRG) is a student-led initiative that will work in collaboration with the Harvard National Security and the Law Society to produce high-quality reports on pressing national security matters. NSRG is non-partisan and unaffiliated with any particular national security agenda or approach, and it will remain open to people of all backgrounds and viewpoints.

Highlights of the ACLU's Voter Poll (10/10/2006)
This survey of residents in Connecticut, New Mexico, Ohio and Pennsylvania showed that Americans want protection from terrorism, but not at the expense of civil liberties.

National Security : General : Legal Documents

Doe v. Gonzales Letter Brief (04/12/2006)
Doe v. Gonzales Letter Brief

Sibel Edmonds, Plaintiff-Appellant, v. United States Department of Justice, et al., (01/12/2005)

National Security : General : Legislative Documents view all

ACLU Analysis of Telecom Immunity Provision in Senator Bond's Proposal of May 21, 2008 (06/12/2008)
Despite claims that Senator Bond’s proposal will allow court review of the pending lawsuits against telecoms that illegally released consumer communications and records, the draft very clearly prevents the courts from determining whether those activities actually complied with the law. Instead, it directs the secret FISA court to dismiss all cases on a showing merely that the telecoms received a piece of paper from the government – regardless of what it said. Here’s what the Bond proposal really does:

Testimony of Caroline Fredrickson on Overclassification Before the House Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment (06/11/2008)

Sign On Letter to House Homeland Security, Intelligence and Judiciary Committees Opposing Funding for Domestic Spy Satellites (06/04/2008)

ACLU One Pager on the State Secrets Protection Act of 2007, H.R. 5607 (06/03/2008)

ACLU Letter to House Appropriations Committee, Intelligence Committee and Leadership Urging Against Funding for Spy Satellites (05/22/2008)

National Security : General : Resources

9/11 Commission (12/06/2004)

Freedom of Expression (03/01/2002)
Freedom of speech, of the press, of association, of assembly and petition -- this set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression. The Supreme Court has written that this freedom is "the matrix, the indispensable condition of nearly every other form of freedom." Without it, other fundamental rights, like the right to vote, would wither and die.

Links to other National Security-related Sites (02/20/2002)
The following sites provide comprehensive or unique resources relating to the work of the ACLU in this issue area. While some of these sites are operated by organizations that work frequently in coalition with the ACLU, the sites may also include materials on positions we do not share. To report a broken or relocated link, or to suggest a site for inclusion on this page, use the feedback button at the bottom of this page.

National Security : General : Supreme Court Cases

Garcetti v. Ceballos (09/22/2005)
Reviewing whether a government whistleblower forfeits all First Amendment protection by speaking out in the course of his or her job. DECIDED

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