Restriction of Civil Liberties

Civil liberties are freedoms guaranteed by the Bill of Rights that protect the citizens of the U.S. from excessive government interference. However, during times when national security becomes first priority, protections can be limited or taken away entirely from the people they protect unless government is given more power to ensure safety. Throughout history, the United States has restricted freedoms during wartime in order to weed out the enemy from within.
Before the Civil War, threats from across the Atlantic drove Adams to undermine Jefferson’s Republican Party. In 1798, the Alien and Sedition Acts were passed to quiet government critics. Under the Alien Act, the time of residence necessary to gain citizenship was changed from five to fourteen years. Additionally, the President was given the power to imprison or deport aliens suspected of activities posing a threat to government. The Sedition Act was a law that prohibited condemnation of the government, President, or Congress. Provoked by the French Revolution, the acts significantly reduced First Amendment protections of speech and press in order to silence Republican opposition.
Soon after the Civil War begun, President Lincoln suspended the writ of Habeas Corpus. Lincoln's action meant that individuals could be arrested if accused of “disloyal activities” and held without formal charges being lodged against them. The suspension in 1861 was brought before the Supreme Court whom found the law unconstitutional seeing as postponement is a congressional power. In 1862, the President set up military tribunals that punished citizens found, “discouraging volunteer enlistment, resisting militia drafts, or guilty of any disloyal practices affording aid and comfort to rebels.” People were frequently denied the right to a jury trial in a civilian court. Censorship was also imposed on newspapers and telegraphic communications during the Civil War.
A similar violation of First Amendment rights arose during the First World War. The Espionage Act, passed in 1917, established stiff fines and hefty prison terms for anyone found encouraging disloyalty or obstructing the draft. In addition, mass arrests and mail censorship was authorized by the government due to increased concern about anti-war sentiment. In 1918, a further refinement was passed. The Sedition Act extended consequences to any criticism against the government or war effort. The repression of dissident views continued after the war concluded due to a wake of neo-patriotism, a result of a series of anarchist bombings. The American public was terrified of any person linked to anarchist organizations. For example, in 1921, two Italian radicals were convicted of armed robbery and murder and sentenced to death. Sacco and Vanzetti were the poster-children of racial discrimination during the Red Scare. The defendants were denied a retrial when evidence of a biased jury and improper conduct had arisen. Mutually, the Palmer Raids projected the equivalent when hundreds of resident aliens were arrested and deported for sympathizing with communist associations. The freedoms of association and speech had been completely disregarded during WWI.
World War II took racial discrimination one step further with Executive Order 9066. In February 1942, Roosevelt signed the order which forced the removal of Japanese from the West coast. The movement was justified on terms that would “protect military bases and manufacturing plants from sabotage or attack”. Japanese-Americans were barred from their U.S. citizenship, denied hearings, refused due process for the seizure of their property, and were not informed of charges for their detainment. The Japanese-American residents were torn from their homes, property, jobs, and even families to be questioned or in custody, even if no association to the homeland was found. These tactics became familiar-territory when the U.S. transitioned from WWII to the Cold War almost instantly.
Another Red Scare plagued the U.S. after WWII on top of the consequences that came with it. In 1945, HUAC (House Un-American Activities Committee) was made a standing committee whose purpose was to investigate subversive activities. The committee held public hearings addressing concerns relating to the threat of espionage and perceived communist menace. Those who testified were encouraged to “name names” of those they knew with ties to the communist party. Many pleaded the Fifth Amendment but were found guilty on contempt of Congress. In 1953, Senator McCarthy was named chairman of the Senate Permanent Subcommittee in Investigations of Governmental Operations and vowed to push forth his anti-Communist agenda. McCarthy was the embodiment of improper conduct; he often charged defendants of inexplicable wrongdoings and rarely offered evidence of such. McCarthyism, as it was called, has made an immense impact on society. Arthur Miller wrote a play named, The Crucible, which told a common story about the Salem witch trials. Interestingly enough, Miller used his play as an algorism for the Red Scare and McCarthyism. Correspondingly, McCarthyism is being replayed to a lesser scope in recent times.
Shortly after the terrorist attacks on 9/11/01, President Bush introduced the USA-PATRIOT Act which loosened restrictions on government surveillance and investigation. This anti-terrorism legislation together with the Domestic Spying Program introduced in 2002, eliminated checks on the executive branch. For instance, the President created secret tribunals without the consent of Congress which were not subject to judicial review. Moreover, the President gave the National Security Agency authorization to spy without a court-approved warrant. These events created an atmosphere in which civil liberties could be manipulated in order to catch possible terrorists such as unreasonable search and seizure of evidence and the right to a public trial.
According to Marcus Cicero, “In time of war, the laws are silent.” In every war or threat of war, the national government has taken steps to assure the protection of the American people. Often times though, the balance becomes off-centered on the side of national security. Many Americans regard the restrictions as essential but others are concerned that they represent a dangerous erosion of civil liberties that go beyond what is necessary to protect the public.