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The Chronicle of Higher Education
From the issue dated September 28, 2001


Preserving Civil Liberties

By ALAN M. DERSHOWITZ




In the wake of the attacks on the World Trade Center and the Pentagon, The Chronicle asked scholars in a variety of disciplines to reflect on those events. Their comments were submitted in writing or transcribed from interviews.

There will inevitably be some changes in our approach to civil liberties following the massive terrorism. The key issue is how the changes will be brought about.

Will they be imposed upon us unilaterally by government officials and agencies? Or will appropriate accommodations be worked out with the advice and cooperation of civil libertarians? The latter approach is preferable to the former. In 1970, when Canada invoked the War Measures Act in response to terrorism, government officials worked with civil libertarians to present a united front in the war against terrorism. The strategy was effective. I was one of those consulted by the Canadian government, and I have offered my services to the United States government.

I am confident that other civil libertarians and defense attorneys would similarly be willing to work with our government to achieve the common goal of maximizing the prevention of terrorism, while minimizing compromises with civil liberties. Working together will make it less likely that we will need lawsuits to restore our civil liberties.

Sensible civil libertarians understand the need for calibrated and rational accommodations to changing conditions and dangers. Governments, for their part, should view civil libertarians as allies, rather than as enemies, in a joint effort to preserve the American way.

Alan M. Dershowitz is a professor of law at Harvard University.


http://chronicle.com
Section: The Chronicle Review
Page: B9

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Copyright © 2001 by The Chronicle of Higher Education



Reflections on the Fractured Landscape







Edward T. Linenthal: Toward the 'New Normal'

Azizah al-Hibri: Can We Restore America's Historical Role?

Bernard Wasserstein: Anti-Semitism and Anti-Americanism

Thomas E. Gouttierre: An Abandoned Afghanistan

Joanne B. Freeman: The American Republic, Past and Present

Stanley Hauerwas: A Complex God

Terry L. Deibel: Finding a Middle Road

Stanley I. Kutler: Fanatics at Home and Abroad

Howard Zinn: Compassion, Not Vengeance

Robert Jay Lifton: Giving Meaning to Survival

Alan M. Dershowitz: Preserving Civil Liberties

Richard Perle: Needed: a Sustained Campaign

Mark Crispin Miller: Danger in the New Solemnity

David P. Barash: Our Biological Nature

John O. Voll: Understanding Terrorism

R. Scott Appleby: Building Peace to Combat Religious Terror

Richard Slotkin: Our Myths of Choice

Christopher Phelps: Why We Shouldn't Call It War

Homi Bhabha: A Narrative of Divided Civilizations

Amitai Etzioni: Balancing Rights and Public Safety

Michael Ledeen: Steps to a Safer World

Leonard Cassuto: The Power of Words

Catherine Lutz: Our Legacy of War

Paul Levinson: Images of Unmediated Ugliness

Thomas S. Hibbs: What Kind of Evil?

David Sterritt and Mikita Brottman: Hollywood's Metaphors

Robert S. McElvaine: A Second Black Tuesday

Jeane Kirkpatrick: The Case for Force

Robert Coles: In the Words of Children

R. Stephen Humphreys: Muslims Must Look Within

Richard Mouw: A Time for Self-Examination

Point of View
Laurie Fendrich: History Overcomes Stories