A challenge facing America is deciding the right balance between safety from those who would harm us and security provided by government agencies like the NSA, which under the Patriot Act have the right to scrutinize personal e-mails and phone messages. Everyone wants to be safe from another 9/11, yet no one wants some government bureaucrat reading his or her personal e-mails or listening in on calls. The freedoms we cherish will be lost if it means always living under the omnipresent eye of “big brother.” But if one is killed in a terrorist attack because of an absence of vigilance, then all that freedom would have come to naught. A life lived freely but subject to an attack, may be good for the mind, but not the body; while a fully secured life may save the body, but entrap the mind.
The debate is as old as democracy, but remains crucial. Cicero wrote, “In time of war, the laws are silent.” Benjamin Franklin admonished: “If we give up freedom to gain security, we lose both.” While there is Cicero’s statement, Franklin’s is too absolute. It ignores the likelihood that such laws do, at times, catch enemies before inflicting damage. Additionally, his statement overlooks the fact that in the past when rights have been suspended during time of war, they have been reinstated upon the arrival of peace. In a democracy, life is lived along a spectrum between anarchy and totalitarianism. That exact spot changes, depending on circumstances. While I would prefer erring on the side of freedom, I don’t want to live foolishly.
However, before attempting to determine the proper balance, the first questions that must be answered are: Are we at war? Is our homeland threatened? If the answers are ‘no’ then acts such as the Patriot Act have no place. According to David Stockman, writing on his blog on Friday, individuals from the Department of Homeland Security (DHS) testified on Capitol Hill just hours before the President spoke on Wednesday evening. They stated that the closest they could come to a credible threat of ISIS planning an attack on the U.S. was chatter on Twitter. If that is true, the Patriot Act should be repealed.
But the DHS’s response begs a larger question: Is Islamic fundamentalism at war with the West, and particularly with the United States? Keep in mind, as a free people we culturally and morally represent everything Islamists hate – from our legal system, to or politics of inclusion, to our support for women’s and minority rights.