Terrorism and the Constitution : Sacrificing

In this vivid and important critique of the government's response to terrorism, a prominent constitutional scholar and one of the nation's leading experts on privacy warn that civil liberties are being needlessly sacrificed without effectively protecting national security.

David Cole is a professor of law at Georgetown University James X. Dempsey is the policy director of the Center for Democracy and Technology and a former assistant counsel to the U.S. House of Representatives Judiciary Subcommittee on Civil and Constitutional Rights

Preface to the Third Edition

ix

Foreword to the Third Edition by Nancy Talanian and Kit Gage

xiii

1 Introduction

1

(2000)

Part I: Investigating First Amendment Activities: The FBI Before September

2001

2 The FBI's Investigation of Central American Activists, 1981-1985

25

(16)

3 The Investigation and Attempted Deportation of the Los Angeles 8

41

(16)

4 Intelligence Investigations from Amnesty International to Earth First!

57

(16)

Part II: Control vs Discretion: The Limits of Legal Restrictions on the FBI's Authority

5 Mechanisms for Control of the FBI

73

(6)

6 Reform and Retrenchment

79

(28)

7 Constitutional Limits—The Role of the Judiciary

107

(18)

Part III: The 1996 Antiterrorism Act: Curtailing Civil Liberties in the Name of Fighting Terrorism

8 Prologue to the 1996 Antiterrorism Act

125

(10)

9 The 1996 Antiterrorism Act's Central Provisions

135

(12)

10 The Impact of the 1996 Act

147

(26)

Part IV: After 9/11: Fighting a War on Terror, at Home and Abroad

11 New Challenges, Old Dilemmas

173

(4)

12 Detention and Interrogation

177

(18)

13 The Patriot Act—Unleashing Government Spying, Reducing Oversight

195

(24)

14 Casting a Broad Net, Catching Few Big Fish

219

(20)

15 Conclusion

239

(12)

Notes

251

(40)

Index

291

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Terrorism and the Constitution : Sacrificing Civil Liberties in the Name of National Security

Summary

Author Biography

Table of Contents

Supplemental Materials