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Homeland Security and Civil Liberties

Edited by Dr. Leonard Wong, Professor Douglas C. Lovelace Jr..

July 2004

Brief Synopsis

The University of Pennsylvania Law School, the Institute for Strategic Threat Analysis and Response, and the Strategic Studies Institute of the U.S. Army War College conducted a conference dealing with homeland security and civil liberties on June 18, 2004, in Philadelphia, Pennsylvania. The event brought together experts from diverse organizations such as the Federal Bureau of Investigation, Department of Homeland Security, U.S. armed forces, Philadelphia Arab American Development 2 Corporation and several law schools. The conference examined national security issues related to civil liberties, immigration policy, privacy issues, first amendment rights, and the balance of executive and judicial power in relation to civil liberties and homeland security. Over 175 people interested in the intersection of national security, civil liberties, and associated legal issues participated in the conference.

Key Points:

• The Global War on Terrorism (GWOT) is a challenge unprecedented in American history. It dictates a reexamination of the balance between national security and civil liberties to accomplish the dual goals of preventing future attacks and maintaining our commitment to the U.S. Constitution.
• Almost three years into the GWOT, we need to review domestic and international laws and policies to consider their continued viability and long-term implications. This includes the USA-PATRIOT Act and its interaction with the Foreign Intelligence Surveillance Act, U.S. criminal law, and international laws such as the Hague and Geneva Conventions.
• The tension between civil liberties and homeland security is extraordinarily complex with immigration policy, criminal law, privacy, First Amendment, and separation of powers dimensions, among others.
• Americans not only cherish their civil liberties but believe in them as guiding principles for all human interaction. They do not surrender them lightly and any compromises in them will be tolerated only to the extent absolutely necessary and for a finite period of time.

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