On July 4, CAIR will mark Independence Day by joining fellow Americans at the “Restore the Fourth” rally in Washington, D.C. and in cities across the country in support of the U.S. Constitution’s Fourth Amendment right to be free from unreasonable searches.
These efforts come at a time when the country’s national security and law enforcement agencies are accused of engaging in several domestic spying programs that allowed them to obtain the daily phone, email and online records of American citizens and foreigners alike, without any probable cause or suspicion of wrongdoing.
The Fourth of July honors that triumphant day in 1776 when the Continental Congress adopted the Declaration of Independence, asserting that America’s thirteen colonies were free and independent from the tyrannical British rule. That our nation would establish a new Government under the principles that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Our nation’s founders rejected the British Crown’s “absolute despotism” and its “long train of abuses and usurpations” of Americans rights and state laws. Among the colonies’ grievances against King George III were that he “obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers,” “depriving us in many cases, of the benefits of trial by jury” and abolished “our most valuable laws … altering fundamentally the forms of our governments.”
Prior to the Deceleration of Independence, in 1761, Boston lawyer James Otis spoke against overly-broad warrants issued by the British government. These Writs of Assistance allowed the crown’s agents to search any house or ship they wished, without any specific reason. John Adams — signer of the Declaration of Independence and our nation’s second president — said of Otis’s speech, “Then and there, the child Independence was born.” Twelve years after the signing of the Declaration of Independence the U.S. Constitution was formally adopted, shortly followed by the ratification of the first ten amendments to that Constitution, the Bill of Rights. Those fundamental principles of liberty guided the American Revolution were enshrined in the Bill of Rights, preserving the personal freedoms of all American against any future tyrannies, abuses and usurpations of law.
Today, recent leaks have revealed that the National Security Agency, in cooperation with the FBI, is covertly carrying out at least two nationwide surveillance programs that collect information on the private calls and online activities of U.S. citizens and non-permanent residents alike. These programs are being carried out in secret partnership with some of the nation’s top telecommunications and internet and technology companies.
That is why organizations like CAIR are celebrating Independence Day this year by rallying in support of the Bill of Rights and the Fourth Amendment. We rally under disheartening reports that our nation’s national security or law enforcement agencies are engaged in domestic and international spying programs that undermine the core constitutional protections of privacy and prohibition against unreasonable search and seizure.
Through secret Foreign Intelligence Surveillance Court orders, the federal government is obtaining — without any probable cause or suspicion of wrongdoing — data from millions of American Verizon Business Network Services customers and user account information from Google, Yahoo!, Facebook, Microsoft (Hotmail, etc.), Apple, PalTalk, YouTube, Skype and AOL. It is strongly suspected that the federal government is also collecting call data from all other major phone carriers.
While some in Congress and the White House say that these spying programs are lawful under the Patriot Act and Foreign Intelligence Surveillance Act, CAIR and the civil rights community believe that the Fourth Amendment of the U.S. Constitution is clear: “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. …”
Again, CAIR urges the president and Congress to establish clear criteria for how such communication records are collected and for how long they can be stored. Congress should amend of section 215 of the Patriot Act to enact better safeguards that protect Americans from such abuses, and commit to full public disclosure and transparency by declassifying aspects of the spying programs.
Legislative initiatives like these are necessary to protect the fourth amendment rights of all Americans, including members of the American Muslim community, which has been subject to unwarranted and discriminatory acts of surveillance for more than a decade. Furthermore, without additional information about the criteria that determine “foreignness,” CAIR remains concerned that these programs could discriminate on the basis of religion and national origin.
CAIR is proud to be a part of that long tradition established by our nation’s founding fathers in asserting the rights and liberties of our fellow citizens against the tyranny of government abuses and usurpations of law. In celebration of the Fourth of July, we encourage you to read copies of the U.S. Declaration of Independence, the U.S. Constitution and Bill of Rights, and take action by contacting the president and Congress to demand an immediate end to these abusive and unconstitutional government spying programs.
Robert McCaw is the government affairs manager at CAIR’s national headquarters on Capitol Hill.