1st Amendment and Free Speech/Patroit Act of 2001

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Question
Hello Mr. Troy,

Im currently doing a research project for my english class on the patriot act. I was wonderng if i can ask you a couple of questions so i can include an expert in my project.

1. Do you think the patriot act is just in that it helps our government protect us or that its unjust because it takes away our civil rights? Please Explain.

2. Do you think the executive branch only made this act only to increase there power, and strength?

3. How much affect does this act have on the people of america?

I hope you can answer these questions. I am very thankful if you can.
-Brian

Answer
Hi Brian,

The Patriot Act put into law a number of government powers that many officials had wanted for some time but had been unable to get.  The biggest criticism of the Act was its authority to government to use surveillance without the traditional need to get a warrant or even necessarily show probable cause.  The government can look at your medical records, library records, Internet records, etc.  The people who have those records are not even allowed to tell you you are being investigated.  It can also now sneak into your house and install surveillance equipment without a warrant.

Personally, I have not been bothered by greater surveillance in many situations as many civil libertarians.  I don't object to security cameras on public streets or particularly care that my library records might be reviewed.  I do share concerns about government's ability to snoop into our private lives without having any probable cause.  If the government used that power to the fullest, we would live in a substantially different world.  

So far, the government has not appeared to have abused its power.  It does give the government far more leverage in investigating possible domestic terror threats.  What concerns me most is that there is no check or oversight on this power.  If government starts to abuse it, we may not even know until it is too late.

I think the government officials were focused on stopping terrorism and saw certain privacy protections as an impediment.  The concern is that once they get used to this power, they will apply it to all sorts of other situations.

So far, I don't think the legal changes have affected most people.  But that does not mean we might not feel the pinch further down the road.

For more info, you may find this site helpful:

http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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