COLUMN: Constitutional rights of privacy, freedom are being curtailed by Patriot Act

Cara Harris

The events of Sept. 11 and its aftermath left an indelible mark on the definition of security, freedom and the limitations of government. The Patriot Act was passed in the days shortly after Sept. 11 to help a terrified and traumatized nation cope with the chaos that seemed to pierce the dome of security Americans had taken for granted.

The need for the United States to protect its people is a concern. What good are rights if people are either too terrified to live their lives or under attack from terrorists? The problem is finding a balance between security and privacy and understanding what it means to be both safe and free.

Attorney General John Ashcroft and the Department of Justice have set in place for the American people the boundary of surveillance of citizens and foreign nationals and set limits on personal security in ways that have not been seen since the McCarthy raids. Under the Patriot Act, surveillance and privacy invasions have increased from previous levels that served us well until Sept. 11. The power of federal government has increased to allow agents to search a person’s home under the “sneak-and-peek” policy (section 213), allow for wiretaps without a court order (section 103) and obtain library records and information about a person’s reading habits without a standard public hearing (sections 126, 128 and 129). It also broadly redefines the term “terrorist” to include such groups as Quakers, pacifist organizations, PETA and other “extremist” groups (sections 411 and 802).

Individuals of certain ancestry are also subject to increased privacy invasions due to their country of origin or, in some cases, the color of their skin. This is explained not as racism or discrimination based on national origin, but as a measure needed to protect us from terrorist attacks.

The real issues with the Patriot Act are matters of privacy and being secure in one’s person, according to the First, Fourth, Sixth, Eighth and Fourteenth Amendments of the Constitution of the United States.

The rights granted in the Constitution are there to allow free expression of ideas and the opportunity to live without fear of being persecuted. President Bush himself stated the reason terrorists attacked America was due to our freedoms, but under this act, those freedoms Americans died for and continue to die for are being diminished.

Critics from the right and the left have urged the repeal of the Patriot Act. Call your local representatives and let them know legislation that limits freedom is as un-American and unpatriotic as bombing the Statue of Liberty. Register to vote and take part in the democratic process.

The most important thing is to have an open dialogue about the Patriot Act to find the balance of freedom and security.


Cara Harris is a junior in liberal studies from Richland. She is the president of the American Civil Liberties Union at Iowa State.