write a paper presenting the strongest
arguments possible for both sides of a debate regarding Section
215 of the USA PATRIOT Act, examining various points including
the free flow of speech.
Case Assignment
Step 1
Write a 3 to 4-page debate paper that addresses the following
scenario:
You are serving an internship with a candidate running for
Congress. She has asked you to help her prepare for a series of
debates over central topics facing the nation today. In the first
section of the debate paper, you will provide the most powerful
argument possible in favor of one side of the debate, then you will
do the same for the other side. Finally, you will write a critique of the
side of the issue with which you disagree.
For this assignment, you will prepare a debate paper covering an
important contemporary issue in American Federalism. In 2001,
President George W. Bush signed into law the USA PATRIOT Act,
commonly known as the Patriot Act. Title II, Section 215 of the
Patriot Act (referred to as Sec. 215) allows the FBI to demand that
libraries produce the borrowing records of patrons suspected of
engaging or planning to engage in international terrorism or
clandestine intelligence activities. Moreover, the libraries that are
asked to provide this information through a National Security Letter
(NSL) are not allowed to tell the targeted patron, or even
acknowledge that they have received an NSL.
Your candidate's debates will take place before an audience of the
general public, so be sure to include an explanation of why the USA
PATRIOT Act was passed and how it sought to address
governmental and individual concerns over personal safety in the
United States. Audience members will want to know how and why
the act was originally passed and how it affects them today.
Step 2
Research the topic.
Being able to apply information literacy skills to study politics is
critical. Access the Internet to research and learn about Title II,
Section 215 of the USA PATRIOT Act, and about the law in general.
Consider your sources carefully when you research, keeping the
following points in mind:
Primary sources, such as government websites, will be more
informative and less subjective than secondary sources.
Check the reference lists or sources of any secondary online
source you find, such as a journal or newspaper article. Has the
author provided solid background for the opinions he or she
expresses?
Do not accept the opinions of any individual secondary source
without question. Consider the site where you found the source.
What is its primary purpose? Who is its intended audience?
Full Answer Section
Arguments in Favor of Section 215
Proponents of Section 215 emphasize its role in preventing terrorist attacks by enabling the government to gather crucial intelligence information. They argue that the provision's focus on "relevant" records ensures that only information directly related to potential threats is collected, balancing security concerns with privacy rights. Additionally, proponents point to the stringent approval process for NSLs, requiring judicial oversight to minimize the risk of abuse.
Arguments Against Section 215
Opponents of Section 215 raise concerns about its potential to erode fundamental liberties, particularly the First Amendment right to freedom of association and the Fourth Amendment protection against unreasonable searches and seizures. They argue that the broad scope of the provision allows for the indiscriminate collection of records, even those belonging to individuals with no connection to terrorism. Additionally, they criticize the lack of transparency surrounding NSLs, which prevents individuals from challenging the government's actions.
Critique of the Opposing View
While concerns about privacy and civil liberties are valid, proponents of Section 215 argue that these concerns are outweighed by the need to protect national security. They maintain that the provision's safeguards, such as judicial oversight and the focus on relevant records, adequately protect individual rights. Moreover, they emphasize that the potential for abuse is inherent in any law enforcement power but does not negate the necessity of such powers.
Conclusion
The debate surrounding Section 215 reflects the complex balance between national security and individual liberties. While proponents believe that the provision is an essential tool for preventing terrorism, opponents fear that it comes at the cost of fundamental rights. The ongoing debate underscores the importance of carefully scrutinizing such measures to ensure that they are effective and proportionate to the threat they aim to address.
Additional Points to Consider
- The impact of Section 215 on library patrons and the chilling effect it may have on their reading habits.
- The role of technology in facilitating surveillance and the implications for privacy in the digital age.
- The evolving nature of terrorism and the need for law enforcement to adapt without infringing upon civil liberties.
- The importance of public discourse and transparency in shaping legislative responses to national security threats.
Sample Answer
Debate Paper: The USA PATRIOT Act and Section 215
Introduction
The USA PATRIOT Act, enacted in the aftermath of the September 11, 2001 terrorist attacks, was a landmark piece of legislation aimed at enhancing the government's ability to prevent future terrorist threats. Among its provisions, Section 215 grants the FBI broad authority to collect "any tangible things" (including library records) relevant to an authorized investigation to protect against terrorism. This provision has been the subject of intense debate, with proponents arguing that it is a necessary tool for national security and opponents raising concerns about its potential to infringe upon individual liberties.