How does patriot act violate first amendment

It has been updated by the First Amendment Encyclopedia. Abdolian, Lisa Finnegan and Harold Takooshian. Cole, David. Doyle, Charles. Report for Congress. April 18, Etzioni, Amitai. How Patriotic Is the Patriot Act? Freedom versus Security in the Age of Terrorism. New York: Routledge, Gudridge, Patrick O. Henderson, Nathan C. Heymann, Philip B. Hudson, David L. Sinnar, Shirin. American Criminal Law Review 39 Fall : USA Patriot Act of [electronic resource].

Other articles in Laws and Proposed Laws, Want to support the Free Speech Center? The Fourth Amendment to the U. Constitution protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

To get a warrant, officers must make sworn statements before a judge "particularly describing the place to be searched, and the persons or things to be seized. Federal law requires that officers report to the court on the results of the search. Surveillance such as wiretaps and physical searches requires officers to prove "probable cause" of criminality.

Even before the Patriot Act, there were exceptions under federal law. One was for so-called "pen-trap" orders. To obtain from a telephone company the numbers dialed to and from a particular telephone, officers must get a pen-trap order from a judge. They do not need to show probable cause, but must certify that the information is needed for an ongoing criminal investigation. The reason for the lesser standard is that these records are far less intrusive than wiretaps and physical searches.

Another major exception was for matters before the Federal Intelligence Surveillance Court. Congress created the court in following scandals revealing that U. The court was a compromise between those who wanted to leave U. Congress required U. But because the agencies are not investigating domestic crime, they do not have to meet the probable cause standard.

They only have to certify that the purpose of the investigation is to track a foreign government or agent. They do not have to report to the court on the results of the surveillance. The court meets in secret with only government representatives present and has never denied an intelligence agency's application for a search warrant. The Patriot Act expands all these exceptions to the probable-cause requirement. Section of the act permits the FBI to go before the Foreign Intelligence Surveillance Court for an order to search for "any tangible things" connected to a terrorism suspect.

The order would be granted as long as the FBI certifies that the search is "to protect against international terrorism or clandestine intelligence activities [spying]. The Patriot Act now authorizes this court to issue search orders directed at any U. Such activities may, in part, even involve First Amendment protected acts such as participating in non-violent public protests.

In Section , "any tangible things" may include almost any kind of property—such as books, documents, and computers.

The FBI may also monitor or seize personal records held by public libraries, bookstores, medical offices, Internet providers, churches, political groups, universities, and other businesses and institutions.

The Patriot Act prohibits third parties served with Section orders such as Internet providers and public librarians to inform anyone that the FBI has conducted a search of their records.

Section of the Patriot Act extends pen-trap orders to include e-mail and web browsing. The FBI can ask Internet service providers to turn over a log of the web sites a person visits and the addresses of e-mail coming to and from the person's computer. Another area of concern is Section of the Patriot Act. It authorizes so-called "sneak-and-peek" searches for all federal criminal investigations. When applying for a search warrant, officers may show that there is "reasonable cause to believe that providing immediate notification.

The FBI says these searches may be necessary to prevent the destruction of evidence or to keep from jeopardizing an ongoing secret investigation. According to the Bill of Rights Defense Committee , four states Alaska, Hawaii, Maine, and Vermont and cities, towns and counties have passed resolutions protesting provisions of the Patriot Act.

What the Act means for non-citizens: They can be arrested and held until deported if they are members of, have raised funds for or provided some kind of material support to an organization designated as terrorist by the Secretary of State, or for an organization which is not on the list of terrorist groups, but which at some point had engaged in some sort of violent activity which could have made it eligible for inclusion on the list.

Under the Act their attorneys can initiate habeas corpus proceedings to the US Supreme Court, the Court of Appeals for the District of Columbia or a district court with jurisdiction. If they are ordered to be deported, but no country will take them, they can be imprisoned for life in the US. Individuals believed to be members of foreign terrorist organizations or of any group that publicly endorses terrorist acts, as well as their spouses and children, are denied entry to the US under this Act.

What the Act means for citizens and non-citizens: The Act eliminates much of the judicial oversight established in the s after revelations that the US and FBI were spying on over half a million Americans during and after the McCarthy era, and opens the door widely to new possibilities of abuse. Law enforcement officials no longer are tied by the rules of criminal law before conducting searches in criminal cases.

Surveillance can follow a targeted individual to any computer or telephone he or she might use based on a single warrant that can be used anywhere in the United States.