Claremont Colleges Debate Outreach –

Homeland security is more important than protection of civil liberties

Key TermsSources

Civil libertiesLinks page on safety versus civil liberties

Clear and present danger

ThreatForeign Policy in Focus

Classified

ErosionNew York Times/NPR Justice Learning Page

Fact Set

  • The 1798 Alien and Sedition Acts are examples of Congressional action taken to prioritize national security over civil liberties. These laws were designed to control the activities of foreigners during a time of impending war, although not all of the provisions of the laws were enforced.
  • The 2001 USA Patriot Act and additions proposed to the legislation in 2003 are more contemporary examples of legislation that prioritizes homeland security over civil liberties. This time, the threat to homeland security stems from terrorism and civil liberties that are affected include privacy in communication and legal protections for individuals.

Arguments in favor of homeland security being more important than civil liberties

  • Saving lives is more important than protecting a few freedoms.
  • Civil liberties require a secure government for their preservation. For a government to protect its citizens’ civil liberties it must first focus on homeland security.
  • Civil liberties cannot be exercised if citizens are threatened by breaches of security. In order to give people the confidence to exercise their liberties, governments must first focus on homeland security.
  • Civil liberties can be reinstated once security threats have ended. However, lives lost due to breaches of homeland security cannot be given back.
  • Civil liberties need not be entirely undermined in order to provide homeland security.

Arguments against homeland security being more important than civil liberties

  • Civil liberties are a crucial protection against the government. It is unlikely that rights that are taken away will be given back, even after the security threat has ended.
  • Security is not worth much without the ability to exercise civil liberties. The ability to protect citizens’ freedom through civil liberties is always most important.
  • Citizens often do not have access to information about security threats. This means that the government can easily overreact to threats and take away more civil liberties than necessary without their citizens realizing it.

Homeland security is more important than protection of civil liberties

Key TermsSources

Civil libertiesLinks page on safety versus civil liberties

Clear and present danger

ThreatForeign Policy in Focus

Classified

ErosionNew York Times/NPR Justice Learning Page

Fact Set

  • The 1798 Alien and Sedition Acts are examples of Congressional action taken to prioritize national security over civil liberties. These laws were designed to control the activities of foreigners during a time of impending war, although not all of the provisions of the laws were enforced.
  • The 2001 USA Patriot Act and additions proposed to the legislation in 2003 are more contemporary examples of legislation that prioritizes homeland security over civil liberties. This time, the threat to homeland security stems from terrorism and civil liberties that are affected include privacy in communication and legal protections for individuals.

Discussion Questions

  • What are civil liberties? How do they differ from other individual rights and protections?
  • How have courts balanced security threats with civil liberties in the past?
  • What aspects of homeland security involve infringements on civil liberties?
  • What effect would prioritizing homeland security have on society? What effect would prioritizing civil liberties have?