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From the issue dated September 28, 2001
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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.
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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
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