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Rethink The Patriot Act

Let's Restore Constitutional Safeguards, Protect Civil Liberties

October 04, 2009|By Susan Goering

Keeping America safe and free requires an overhaul of this deeply flawed law. The "library provision" - which also affects many other kinds of personal records - and similar dragnet search and seizure provisions must be narrowed to ensure they apply only to those suspected of terrorism and terrorist affiliation. The courts must regain the right to independent, meaningful review of these operations to check abuses. Congress should get regular reports and must review the security efforts' effectiveness. And the courts must enforce First Amendment oversight of gag orders, so that the FBI does not unilaterally silence Americans.

Key portions of the Patriot Act are set to expire. A group of U.S. senators has introduced the Justice Act (S. 1686) to end unnecessary civil liberties abuses under the Patriot Act and to restore constitutional safeguards to U.S. national security efforts. This time around, Maryland's congressional leaders have important roles to play on the Patriot Act, as they now occupy key positions in the House of Representatives and U.S. Senate in the majority party. Marylanders who believe security and liberty are not opposing goals should urge our leaders to shepherd through reforms included in the Justice Act.

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In particular, Maryland Sen. Benjamin L. Cardin occupies a key leadership role as the sponsor of another Patriot Act reform bill, which he calls a "starting point for debate" in the necessary Patriot Act overhaul. And as chairman of the subcommittee on Terrorism and Homeland Security of the Senate Judiciary Committee, Senator Cardin is in a position to add more critical constitutional protections. It is vital that these reforms are included in the bill.

The first patriots acted in justified outrage over British warrants granting broad, intrusive search and seizure powers over colonists. Modern-day patriots must act now to renew the constitutional promise of liberty bestowed upon us by our patriotic forebears. We can - and must - be both safe and free.

Susan Goering is executive director of the American Civil Liberties Union of Maryland. Her e-mail is goering@aclu-md.org.

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