Denvir - Freeing speech: the constitutional war over national security

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9/11 attacks: belief in Saddams connection to,

change in governments view of public protest after,

decrease in public protests after, 118

effect on National Security Presidency,

First Amendment after,

government abuse of investigatory powers after,

judicial deference to government national security claims after, 91

opportunity to move against Iraq,

Supreme Court on national security issues after,

18 U.S.C. 793(d), repeal of, 97

18 U.S.C. 793(e), repeal of, 97

Abrams v. United States,

Abu Ghraib,

ACLU,

activists, catalytic function of, 106. See also free speech activists

Acton, Lord,

Addington, David, 28

advocacy groups, privacy of,

Afghanistan,

al-Qaeda, n30

Alito, Samuel,

American Communist Party,

Anti-Ballistic Missile (ABM) Treaty,

antidiscrimination rights,

antiwar dissent, right of, 76

Article I,

Article II: appointment process for Supreme Court justices,

presidential powers conferred in, 35

presidential speech,

Section

size compared to Article I,

termination of treaties, silence on,

text of, 158

vesting clause,

Article III: case or controversy requirement,

plaintiffs standing in national security cases, 144

size compared to Article I,

text of,

Article V, n1ch.1

Ashcroft, John, n29

Associated Press v. Walker,

Authorization for Use of Military Force (AUMF), 136

authorized leaks to the press,

axis of evil speech, 42

Bachellor v. Md.,

bad tendency test,

Bartley, Norman, 65

Batchelder, Alice, 142

Bay of Pigs,

Bill of Rights, n1ch.1

bin Laden, Osama,

Black, Hugo: capability of,

conservatism on free speech,

on freedom of the press,

as liberal war horse,

New York Times v. United States,

political experience before joining Supreme Court,

rejection of autonomous presidential power,

Youngstown Sheet & Tube Co. v. Sawyer,

Blackmun, Harry,

Blix, Hans,

Bok, Sissela,

Bond, Julian,

Bond v. Floyd,

Bork, Robert,

Bosnia, military force in,

Brandeis, Louis: Abrams v. United States, dissent in, 59

on citizen participations importance to democracy,

clear and present danger test,

on greatest menace to freedom,

more speech philosophy,

on termination of First Amendment protections, n29

theory of democracy,

Whitney v. California, n29

Brandenburg v. Ohio, n29

Branzburg v. Hayes, 97

Brennan, William: appointment to Supreme Court,

approving-ends-but-faulting-means strategy,

background, 66

Brandenburg v. Ohio,

on debate about public issues,

on freedom of the press,

Good-ing v. Wilson, 76

imminence requirement,

interpersonal skills,

moderate reputation,

New York Times v. Sullivan, 71

New York Times v. United States,

Breyer, Stephen,

Brown v. Board of Education,

Brown v. Louisiana,

Burger Court: First Amendment decisions,

Laird v. Tatum,

standing as an obstacle to challenging legality of government conduct,

Bush, George Herbert Walker,

Bush, George W.: 2000 campaign,

2002 Cincinnati speech,

2002 State of the Union address, 42

2002 West Point speech, 43

2003 State of the Union address, 53

2004 campaign,

belief in independent authority to make war, 25

Cheney and,

foreign affairs agenda on entering White House,

his belief in his authority to bomb Iran,

Hussein and, 44

Iran, hypothetical bombing of,

lack of anti-Bush protesters during 2004

campaign, n15

Mission Accomplished stunt,

persuasiveness of,

presidential power, use of (see presidential power exercised by George W. Bush);

public interest in constitutional law,

Social Security system, attempted reshaping of,

Bush v. Gore, n1intro

Cambodia, invasion and bombing of,

campaign finance reform, 153

Carter, Jimmy,

Castro, Fidel, n10

Center for National Security Studies,

Center for National Security Studies v. Department of Justice,

Central Intelligence Agency. See CIA

Chayes, Abraham, 144

Cheney, Dick: Addington and,

influence on George W. Bush,

Iran, hypothetical bombing of,

Iran-Contra affair, defense of, 23

weapons of mass destruction rhetoric,

Chicago Police Department, 121

Church, Frank,

Church Committee, 122

churches,

CIA (Central Intelligence Agency): Bay of Pigs,

Castro assassination, attempted, n10

CHAOS program,

covert operations, authorization of,

creation of,

eavesdropping by, requirement for,

foreign governments toppled by,

in Guatemala,

in

information-sharing agreements, 125

in Iran,

Iraqs quest for a-bomb, doubts about, 53

in Laos,

rendition programs, approval for,

secret wars conducted by,

spending on, reporting on,

Truman and,

civil rights,

Civil Rights Act (1964),

Civil Rights Movement, 106

classified information,

clear and present danger test,

Clinton, Bill,

Cohen v. California,

COINTELPRO, 120

Colbert, Stephen,

Committee for a Sane Nuclear Policy (SANE),

Committee on Public Information (CPI), 38

Congress: acquiescence in executive power grab,

authorization of national security letters (NSLs),

intent of, n12

power of (see congressional power)

requirement for complying with its limits on presidential power, 136

right to call president to testify before committees, 52

congressional power: in Article I,

concurrent with presidential power,

congressional silence equals congressional consent doctrine, 134

in foreign affairs,

liberal judges and,

conservative judges,

Constitution: change processes,

the four constitutions (see constitutional challenger; de facto Constitution; official Constitution; textual Constitution)

a Human Rights Constitution, 155

constitutional challenger: definition,

national security,

National Security Presidency as challenger for national security text, 138

presidential power,

constitutional history, best kept secret in,

constitutional interpretation: citizens role in,

current Supreme Court majoritys (see official Constitution);

factors considered in, 29

liberal vs. conservative, 2

operation of, 4

original intent doctrine, 28

party politics in, 2

public interest in,

wrong interpretations,

constitutional issues, voter knowledge of,

constitutional politics, 150

content-discriminatory vs. contentneutral laws,