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League of Women Voters of Wisconsin, Inc. and League of Women Voters of Wisconsin Education Fund, Inc.
122 State Street, Suite 201A
Madison, WI 53703-2500
Phone: (608) 256-0827
Fax: (608) 256-1761

Email: lwvwisconsin(at)lwvwi.org

 

 

 
Civil Liberties Resources: Bibliography

Two excellent sources of information are the American Civil Liberties Safe and Free website, and the Bill of Rights Defense Committee website. Also, see our additional page of reading materials.


LWVUS

icon Report from the LWVUS Task Force on Civil Liberties (104 KB). The task force convened in October, 2004 and reported in January, 2005. The task force consisted of: Chair ? Xandra Kayden, LWVUS and board Members: Susan Fields, PA; Gusie Guise, FL; Carol Goldenberg, WA; Andrea Gruhl, MD; Sukey Wilder, CA.

Materials on Civil Liberties are available to members on the LWVUS website. League members can also join a national discussion group on the topic Civil Liberties. Please see the LWV email lists page of the members section.You will need the login id and password to access these.


Links to materials referenced in the LWV Wisconsin Civil Liberties Committee Report

icon League of Women Voters Principles (25 KB)

League of Women Voters materials on Civil Liberties

U.S. Constitution

LWVWI ?The Bill of Rights? pamphlet. (not available online)

icon Wisconsin Constitution (139 KB)

icon Lawyers Committee on Human Rights, "Imbalance of Powers: How Changes to U.S. Law and Policy Since 9/11 Erode Human Rights and Civil Liberties", March 2003 (670 KB); sent out in the fall packet.

American Library Association site

ACLU, ?Interested Persons Memo Updating the Status of ?Pieces of Patriot II? Proposals?, October 8, 2003. 

icon ACLU, one page summary of the Patriot Act (451 KB)

ACLU, ?Model Local Resolution to Protect Civil Liberties? 

ACLU, List of Local Governments, or click on the state, county, or city:
a. Minneapolis, MN Ordinance
b.   Huntington, WV Ordinance
c. Arcata, CA Ordinance
d. Community Resolution for Madison, WI
e. Alaska State Legislature Resolution
f. Hawaii Senate Resolution Opposing the USA Patriot Act
g. Douglas County, WI Resolution

ACLU, "ACLU in the Courts since 9/11", 6/11/03 

Christopher H. Schmitt and Edward T. Pound, ?Keeping Secrets?, US News and World Report, 12 December 2003, available on the web page of ?truthout*issues?.


Additional Resources

Reports of the American Library Association

Reports of the American Civil Liberties Union: National Security and Safe and Free

Reports of Human Rights First

Reports of Human Rights Watch

Reports of the Liberty and Security Initiative at the Constitution Project

Department of Justice: War on Terror and Civil Liberties

California First Amendment Coalition (CFAC)

Discussion of the Patriot Act from different views: "...Dept. of Justice on their website which offers the raison d'etre for the Patriot Act. Take a look at the first listing. They have not written this but have used an editorial by Rich Lowry of the National Review. You might want to contrast that review with this (click on Civil Liberties, scroll down and click on the Patriot Act)

Reporters Committee for Freedom of the Press

American Progress Report

The Constitution Project has several reports, as well as links to other sources.  Among the reports on this page are two that are pertinent to our study: Recommendations for the Use of Military Commissions and Interim Report on NORTHCOM

John W. Whitehead and Steven H. Aden, "Forfeiting 'Enduring Freedom' for 'Homeland Security': A Constitutional Analysis of the USA Patriot Act and the Justice Department's Anti-Terrorism Initiatives". American University Law Review, Vol. 51, 6 (August 2002): 1081-1133. (Note that this is a back issue from August, 2002).  Clear, thorough analysis of the provisions of the Patriot Act et all. which the authors find disturbing. Authors are the President and Counsel for the Rutherford Institute, a human rights and civil liberties educational organization. Article is copyrighted, but you can access from the American University website.

The Century Foundation has several foundation reports done by a Working Group titled "Strengthening the Federal Response". The site also has links to Washington Post news articles on the government's response to 9/11. Among the reports are (you may have to page through the list of reports):
Steven J. Schulhofer, Prof. of Law at NYU, "The Enemy Within: Intelligence Gathering and Civil Liberties in the Wake of September 11", The Century Fund, 9/5/02. This report was mentioned in the Constitution Project material.
Donald F. Kettl, Prof. of Political Science, UW-Madison, "Promoting State and Local Government Performance for Homeland Security", The Century Fund, 6/1/02.

Senator Feingold, on his bill amending the Patriot Act:
"This bill would amend the Patriot Act to protect the privacy of law-abiding Americans. It would set reasonable limits on the federal government's access to library, bookseller, medical, and other sensitive, personal information under the Foreign Intelligence Surveillance Act and related foreign intelligence authority. I am pleased that several of my distinguished colleagues -- Senators Bingaman, Kennedy, Cantwell, Durbin, Wyden, Corzine, Akaka, and Jeffords -- have joined me as original cosponsors of this important legislation."

Russell Feingold, "Statement of U.S. Senator Russ Feingold on the Anti-Terrorism Bill", Senate Floor, October 25, 2001. Senator Feingold's speech, as the chair of the Senate Committee on the Judiciary's Subcommittee on the Constitution, Federalism, and Property Rights, to the Senate expressing his concerns over sections of the Patriot Act and his reasons for voting against it.

Senator Feingold's website contains other pertinent Feingold speeches on civil rights, including:
Opening Statement of Senator Russ Feingold at the Debate of the Anti-Terrorism Bill, Senate Floor, October 11, 2001.
Statement on Detainees
Statement of U.S. Senator Russ Feingold on the Homeland Security Bill
Statement of U.S. Senator Russ Feingold Marking the Second Anniversary of the Patriot Act
And speeches supporting recent bills modifying the Patriot Act, including:
Reasonable Search and Seizure Bill
Library, Bookstore, and Personal Privacy Act
Wyden-Feinstein Date-Mining Amendment
Data-Mining Moratorium Act

icon Library, Bookseller and Personal Records Privacy Act (32 KB)
icon Summary of Library, Bookseller and Personal Records Privacy Act (10 KB)
icon Statement from Senator Feingold on the Library, Bookseller and Personal Records Privacy Act (July 31, 2003) (19 KB)

House Judiciary Committee documents include:
?Views and Recommendations of HR 5005, the ?Homeland Security Act of 2002??, July 12, 2002.
?House Judiciary Committee Patriot Act Combined Responses?, October 17, 2002.
The first contains the committee?s recommended amendment to HR 5005, and is only a few pages long. The second is lengthy, but is of interest in getting Congressmen?s early reaction to the Patriot Act.

U.S. Department of Justice, ?The U.S. Patriot Act: Preserving Life and Liberty?. The department of Justice?s brief explanation of the provisions of the USA Patriot Act. Has links to the text of the Patriot Act, speeches and articles on the Patriot Act. For example, under ?major speeches? the links include Attorney General Ashcroft?s speech to the conservative American Enterprise Institute, August 19, 2003; Ashcroft?s testimony before the House Committee on the Judiciary, June 5, 2003; Bush?s remarks at the signing of the Patriot Act, October 26, 2001.

Dana Milbank, ?President Asks for Expanded Patriot Act Authority to Fight Terror?, Washington Post, September 11, 2003: A01. News article on the President?s 9/11 speech asking for the extension of Patriot Act powers. Washington Post articles for the previous 14 days are free; use keyword search, ie. Patriot Act or Ashcroft. For articles more than 14 days old, there is a fee for searching the archives.

The American Civil Liberties Union has a wealth of material on their web page Safe and Free, broken down into categories. Click on the issue you want to research: USA Patriot Act; Discrimination; Detention; Secrecy; Surveillance; Dissent ? all pertaining to some aspect of the Patriot Act and related legislation. Under "Patriot Act", is a useful bibliography of summaries, analyses, press releases and publications on Patriot Acts I and II. Included is a link to the text of Patriot Act I, and suppositions regarding so-called Patriot Act II from leaked sources (the act is still being drafted and has not yet been presented to Congress). Two more articles of interest from the Patriot Act page:
"Insatiable Appetite: The Government's Demand for New and Unnecessary Powers After September 11", updated October 2002 ACLU's analysis of sections of Patriot Act I and administrative actions which erode constitutional civil rights. Covers the first year after 9/11.
Under "Surveillance", are articles focusing on the privacy issue, such as the Pentagon?s ?Total Information Awareness Program?, the ?CAPPS II Airline Profiling?, and the ?Foreign Intelligence Surveillance Act?.

The Center for Constitutional Rights, "The State of Civil Liberties: One Year Later", and "The State of Civil Liberties: Two Years Later".  These two reports summarize what has occurred within the court systems. "...One Year Later" is a synopsis with link to the full 20-page report. "...Two Years Later" is a shorter article, updating what has since happened. The Center for Constitutional Rights was founded in 1966 by a group of lawyers active on behalf of civil rights cases. Since 9/11 their goal is to ensure that American rights and liberties are not eroded in the search for security. The report is a clear outline of their concerns related to the Bill of Rights they violate.

"Patriot Act II Resurrected?" By Ryan Singel. Congressional members sympathetic to the Justice Department may once again try to expand the feds' investigative powers. A proposed bill also would link low-level, nonviolent drug dealers with terrorists. Critics say it's Patriot II reborn.

Some cities across the country are passing their own laws to protect the constitution. (These articles may not be available, as news sites remove or archive news)
"Patriot Revolution?", By Dean Schabner, ABC News
"Communities Shun Patriot Act" by Guy Taylor, The Washington Times  

Two articles on FindLaw Corporate Counsel Center, a website for corporate attorneys:
"Patriot II: The Sequel Why It's Even Scarier than the First Patriot Act", by Anita Ramasastry 
"Patriot II's Attack on Citizenship" by Joanne Mariner



Background Information for Speakers

At the League of Women Voters Issues Briefing on October 25, 2003, in Madison, Wisconsin, the keynote speaker at the Luncheon was W. Lawrence Church, Professor of Law, University of Wisconsin - Madison.

On Saturday, October 11, 2003, 9:00 a.m. to noon, the Madison Institute and several other organizations, including the League of Women Voters of Wisconsin Education Fund, hosted "The Patriot Act Under Surveillance", a public forum program featuring Christopher Pyle, Professor of Politics, Mount Holyoke College, with response panel & audience participation. Three recent speeches by Professor Pyle are: "Introductory remarks for panel on Patriot Acts I and II", "Toward a More Intelligent Counter - Terrorism Policy", "Threats to Civil Liberties - Putting the Brakes on Domestic Spying" (Audio format also).


Committee Contacts:
Laurel Munger, ismunger(at)execpc.com
Meg McLane, meom(at)execpc.com
Ellen Rosborough, emr819(at)centurytel.net