#DearObama: Use Your State of the Union to Reject Politics of Fear

the america i believe in

This blog is part of a series on human rights in the State of the Union address. The United States has an obligation to pursue policies that ensure respect for human rights at home and around the world. Follow along and join the conversation using #SOTUrights.

Dear Mr. President,

Here comes the fear again.

In the aftermath of the Paris attacks, some in the broadcast news media are attempting to turn the public’s shock into full-fledged hysteria – the kind that fuels not only their ratings, but suspicion, hate and a bunker mentality.

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Supreme Court to Hear Amnesty FISA Challenge

us supreme courtThe United States Supreme Court decided yesterday to hear an important case related to warrantless government surveillance and the Foreign Intelligence Surveillance Amendments Act of 2008:  Amnesty et al v. Clapper.

Amnesty, other NGOs, journalists and attorneys are being represented by the American Civil Liberties Union. “Clapper” refers to James R. Clapper, Jr., the Director of National Intelligence.

The issue before the Court is whether we can challenge the constitutionality of the FISA Amendments Act, which basically allows “dragnet” surveillance of emails and phone calls without warrant and without sufficient independent judicial oversight.

Our argument is that we have standing to challenge the law’s constitutionality because as human rights advocates, journalists and attorneys, we rely on confidentiality in our international communications with victims of human rights abuses, whistle-blowers and government officials–and our work is severely impacted by the law. 

The Obama administration claims that we don’t have standing in the case because we can’t prove that we are impacted—i.e., subject to surveillance. But how can we prove such a thing when the information about who the government monitors is secret and the process of surveillance is designed to be undetectable?

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