When conflict arises, university campuses ignite. This country's academia is usually at the forefront of national debate, tending towards the vocalization of a commitment to freedom of expression, liberalism, even fanaticism. Yet, in the controversial months following the demoralizing day of terror in the United States, some people have claimed that college campuses have been unfairly silenced (1). In order to assess this claim, it is important to examine the reactions of government since September 11th and determine whether these actions are justifiable in the name of national security or if they are an abuse of federal power under cover of 'national emergency' status.
The Bush administration has recently implemented a number of acts that have come under fire for supposedly breaching national commitments towards first amendment and individual rights. The detainment of five-hundred people nationwide without revealing their identities or their charges, the ongoing interrogation of people in the Arab-American and Muslim communities, and the passing of the USA Patriot Act are among the most controversial of these acts (1).
Some argue that these acts are undeniably justifiable for the protection of the nation as whole, which is visibly, especially as of late, at risk for terrorist attacks. Any measures taken by federal government in such fragile times should be not only permissible, but desirable and beneficial to all Americans. If, assumedly, America's objective is to end the war on terrorism and safeguard its internal well-being, it is vital that the roots of the Al-Queda network are exposed and destroyed abroad as well as within US boundaries. If such an objective entails a national interrogation of races that have recently been associated with the network, than the government is acting within full limits of its power. In critical times, the government must overstep its delegated power to a much greater extreme to warrant such criticism and denigration. Extreme circumstances call for extreme measures.
Challenging this point of view are those who claim that the acts listed above violate intellectual freedom and freedom of expression essential to American democracy and theories on liberty. Intellectual freedoms have been sacrificed to too great a measure in the name of national security. This power must be regulated now, as the fundamental power of Congress unveils pressing emergencies of the crisis that amplify the ever-present temptation to disregard constitutional guarantees. Without respect of these guarantees within the nation as a whole, it is impossible to expect intellectual freedom to return to our university campuses. Intellectualism is stimulated through open debate and government criticism, not through restriction or suppression. After all, restrictions on speech invoked in the name of patriotism are just as repugnant as restrictions involved in the name of political correctness (2).
In times of crises and intense debate, the nation reaffirms the principles on which the nation was founded. An equilibrium between constitutional rights and the necessity to protect national security will eventually be reached through careful assessment of the contradictory arguments above.
(1) Cohen, Adam. (2001, December 10). Rough justice. Time [Online], p.30. Available: LEXIS-NEXIS Academic Universe [2001, February 4].
(2) Campbell, Don. (2001,
December 6). Dissent vs. patriotism on campus. USA Today [Online],
p. 15A. Available: LEXIS-NEXIS Academic Universe
mmmmmmmm[2001, February 5].
Cohen-Almagor, Raphael. Speech, Media and Ethics: The Limits of Free Expression: Critical Studies on Freedom of Expression, Freedom of the Press and mmmmmmmmthe Public's Right to Know. New York: Palgrave, 2001.
Wilkenson, Paul. Terrorism versus Democracy: The Liberal State Response. London, Frank Cass, 2001.
FOR ADDITIONAL INFORMATION:
Title of Web Page: EFF Analysis of the Provisions of the USA PATRIOT Act
Description: Explanation of the implications of the USA Patriot ACCT (USAPA) in relation to online activity. EFF expresses its chef concerns and urges the government to take future actions to reduce the barrier placed on civil liberties. A technical, yet informative reference source. Contains a link to a site listing all sites shut down by the government.
Source: Electronic Frontier Foundation
Title of Web Page: The USA Patriot Act: What's So Patriotic About Trampling on the Bill of Rights?
Description: Nancy Chang, Senior Litigation Attorney, outlines the main violation of the Constitution as a result of Bush signing the USA Patriot Act. Although she believes the courts have succumbed to legislative power of late, she insists that the judicial branch must now safeguard civil liberties by administering the system of checks and balances.
Source: Center for Constitutional Rights
Title of Web Page: Reaffirming the Principles of Intellectual Freedom in the Aftermath of Terrorist Attacks
Description: Reaffirmation of ALA principles regarding the necessity of intellectual freedom and debate and the importance of having the freedom to access as much information as possible, opposition to government censorship. Sent to President, Attorney General, Congress. Contains links to sites involving intellectual freedom.
Source: American Library Association Council
Title of Web Page: President Signs Anti-Terrorism Bill
Description: Copy of speech given by President Bush on the day he signed the Patriot Act. Gives details as to the purpose of the legislation and the goals of the United States in its ongoing fight against terrorism. Stresses the importance of national security and safety.
Source: The White House
Title of Web Page: Strengthening Homeland Security Since 9/11
Description: Press release explaining in detail the steps taken by the departments and agencies of the federal government to increase national security following the attacks. Steps are listed and elaborated on. The USA Patriot Act is listed and its implications given. Good source to gain a general understanding of the direction the government is heading in.
Source: The White House
last updated: 04/10/02