National Security

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
-- Benjamin Franklin,
Historical Review of Pennsylvania (1759)

Throughout U.S. history, "national security" has often been used as a pretext for massive violations of individual rights.

In the 1940s, President Franklin D. Roosevelt approved the internment of 120,000 Japanese Americans. Today, virtually all Americans recognize the internment as an unjustified action that compromised the fundamental freedoms that make America great.

The terrorist attacks on September 11, 2001, mobilized our country in the fight against terrorism. However, 9/11 also launched one of the most serious civil liberties crises our nation has ever seen.

The USA-Patriot Act and related government actions undercut many important checks and balances on government law enforcement and intelligence powers. The most powerful parts of this sweeping legislation take away checks on law enforcement and threaten the very rights and freedoms that we are struggling to protect. For example, without a warrant and without probable cause, the FBI now has the power to access your most private medical records, your library records, and your student records ... and can prevent anyone from telling you it was done, even if it turns out to have no connection with a terrorism investigation.

In Oregon, the ACLU led the way to protect two unique Oregon laws under attack after 9/11. ORS 181.575 prohibits law enforcement from spying on people based solely on religious, political or associational activities. ORS 181.850 prohibits law enforcement from enforcing federal (civil) immigration laws when a person is not suspected of any criminal activity. As a result of a 65-member coalition, those two laws were preserved from various attempts to weaken or eliminate them in the 2003 Oregon legislature.

If we allow the interests of "national security" to take away our freedoms, we surrender what it is to be an American.

Litigation

Latif, et al. v. Holder, et al.

ACLU Files Lawsuit Challenging Unconstitutional “No Fly List”

UPDATE: May 4, 2011 - The U.S. District judge hearing the "No-Fly List" case dismissed the lawsuit against the federal government saying she doesn't have the authority to hear the case. "Our real disappointment is for the plaintiffs who have been unable to fly and have been given no reason or explanation," said Ben Wizner, staff attorney with the ACLU National Security Project, in an article in The Oregonian. The ACLU plans to appeal the decision.

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Mayfield v. United States of America

Constitutional Challenge to USA-Patriot Act

December 10, 2009 - The Ninth Circuit Court of Appeals ruled that Brandon Mayfield has no standing to pursue his claims against illegal seach and seizure in his challenge to the constitutionality of portions of the USA-Patriot Act.

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Legislation

FBI's Joint Terrorism Task Force

Portland City Council Passes JTTF Substitute Resolution; ACLU Supports with Reservations

April 28, 2011 - After a four-hour public hearing, the Portland City Council unanimously approved the resolution put forward by Mayor Sam Adams regarding the City's relationship with the FBI Joint Terrorism Task Force. The ACLU of Oregon testified in support of the resolution at the public hearing but raised concerns about the current and past practices of the FBI and the need to ensure that City personnel comply with Oregon laws.

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Archive: FBI's Joint Terrorism Task Force (2001 - 2008)

In 2000, the ACLU of Oregon and our coalition partners began organizing to shed light on Portland’s involvement in the FBI Joint Terrorism Task Force after Dan Handelman of Portland Copwatch noticed an item related to the JTTF on the City Council’s consent agenda.

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Other

ACLU Seeks Records About FBI Collection of Racial and Ethnic Data In Oregon

FBI's Claimed Authority to Track and Map "Behaviors" and "Lifestyle Characteristics" of American Communities Invites Racial Profiling

July 27, 2010 - The American Civil Liberties Union of Oregon has asked the Portland FBI field office to turn over records related to the agency's collection and use of race and ethnicity data in local communities.

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FOIA - Does the FBI have a file on you?

In response to the ACLU of Oregon’s investigation of FBI surveillance of activists and organizers from around Oregon, the ACLU-OR has received numerous requests for assistance from people who are curious about their own FBI records.

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