16a/n: This is actually a speech I wrote for Oratory in forensics. (I took it to state and did, surprisingly, not get last place. May I say: Yaaayyy!) Anyways, it's pretty bad, but that gets me out of writing one for this week.
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The Fourth Amendment to the United States Constitution reads, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This important piece of United States law keeps government officials from invading the privacy of and spying on law-abiding Americans.
But, on October 26, 2001, our questionably elected President signed a bill into law that substantially abridges not just the Fourth Amendment, but also the First, Fifth, Sixth, and possibly Eighth amendments as well. This bill undermines American democracy and places at the hands of our government our inalienable rights. This bill could be used to deport entire families of non-citizens, to lock up protesters and hold them indefinitely, and to detain foreign nationals who may have never committed a crime other than to appear suspicious to Attorney General John Ashcroft. It allows the FBI and the CIA to spy on anyone, anytime, without a search warrant and without ever informing them of the search. The USA PATRIOT act is one huge step away from the democratic America we all love and toward a totalitarian state.
When the Patriot Act was passed soon after the September 11th tragedy, many Americans never noticed. Most who did were just vaguely glad that Congress was doing something to stop the evil terrorists, and indeed, much of the media construed the Patriot Act to be just that-a necessary step to keep America safe. Whew, said the masses. Glad that they're all finally doing something useful-keeping us safe from those fanatical Muslims from… wherever the Administration's saying they're from now. Good thing we've got such strong leaders.
In reality, however, the Act does little more than give Attorney General John Ashcroft powers to detain anyone he doesn't like the looks of. Under the Act, the Attorney General can have foreigners detained for up to seven days without being charged with a crime or having access to a lawyer, on evidence he never has to reveal. And should the government determine, however it chooses to do so, that the person is a terrorist, this 'threat to national security' can be detained indefinitely on some petty charge like a visa violation.
And, as if that wasn't enough, some detainees held under the act complain of cruel treatment. They claim to have been beaten by guards, or attacked by other prisoners while guards watched. An article in the Los Angeles Times reported that a Pakistani detainee was stripped and beaten by inmates while guards did nothing, five Israelis were blindfolded when questioned, handcuffed in their cells and forced to take polygraph tests, and a Saudi Arabian man was not allowed to have a mattress, a blanket, a drinking cup, or a clock so he could know when to say his Muslim prayers. According to a March 18th, 2002 complaint, "less than five of the 718 prisoners" had terrorist connections.
How is this supposed to strengthen America or protect us from terrorist threats? This cruel treatment of immigrants who have committed no acts of terrorism is an abomination of our values as a country. Imagine the immigration detainee's shock when he is arrested simply for trying to live in the Land of the Free. After all, we were supposed to be a world leader, giving aid to foreign nations, promoting democracy, sheltering refugees, and protecting the rights of everyone to live in peace, regardless of their religious or political background. Imagine the sadness and despair, when he realizes that America isn't this heroic nation after all The Patriot Act can only make our international standing go down due to our treatment of immigrants.
Although some of the Act's nastier clauses apply to immigrants, no less devastating is its attack on the constitutionally protected rights of American citizens. According to Nancy Chang, a senior litigation attorney at the Center for Constitutional Rights, the Patriot Act "launches a three-pronged assault on our privacy." It gives the President almost unchecked powers to track email and Internet usage, check on sensitive personal and financial records of American citizens, monitor our financial transactions, and conduct roving wiretaps of any person in the United Stated he pleases, all without a warrant. It allows federal agencies to search anyone, anytime, as long as the investigation can be said to have a 'significant purpose' of gathering foreign intelligence. Lastly, the act allows federal agencies to share information gleaned from these searches, allowing foreign intelligence agencies like the CIA to use their powers on American civilians. Meaning: you can now be stopped for no reason, searched, and possibly prosecuted if any illegal evidence is found. The same thing applies to your home: it can be searched without your knowledge, and any evidence can be used against you in court. The government can even seize your property without ever telling you. Does this look like a free country? The consequences, sadly, get even worse.
Most Americans probably think of terrorists as crazy religious fanatics from faraway Middle Eastern nations. Actually, a terrorist is defined as a person who tries to influence the policy of the government by intimidation or coercion if the actions break any laws and are dangerous to human life. So, were the Vietnam War protestors terrorists? How about modern-day dissenters like environmental, anti-war, and abortion activists? Most people would probably say no, that you can't equate an American holding an unpopular viewpoint with the religious fundamentalists who flew planes into the World Trade Center. And domestic terrorists don't actually have to do anything but "appear" (to Attorney General John Ashcroft) "to be intended to intimidate or coerce the government or a civilian population." There is also no requirement of actual danger to human life-just a possibility that danger could occur. So if you were protesting and there was the possibility that you could fall down and hit your head, congratulations! You've just become a domestic terrorist.
And, whatever you do, don't make any public comments about anything that could be defined as 'terrorist activity.' Because that could be called public endorsement of America's enemies, yet another definition of terrorism. Even if you just admire the dedication of, say, anti-war activists, you could be charged with domestic terrorism. Worse, Attorney General John Ashcroft has publicly stated that he intends to treat any public dissent this way. Freedom of speech? Sure. America has the freedom to say what its government wants it to say, or risk indefinite amounts of jail time.
The USA PATRIOT act, passed hastily in a time of fear, takes advantage of our worries and concerns. Under this act, our privacy is invaded. Our homes, cars, businesses, and persons are searched, sometimes without our knowledge and usually without our consent. Our rights to free speech and freedom of association are basically ended. Foreigners are arrested and held indefinitely, possibly even tortured. We as Americans should rise up and demand an end to this bill which attacks our rights before it's too late and we're the ones who need saving from our corrupt, evil government.