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Channel: Civil liberties – The Observation Deck
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Miranda rights are too easily revoked

Law enforcement can waive a suspect’s Miranda rights when it’s a matter of public safety, says Emily Bazelon in Slate, but in “exceptional cases” agents can extend their interrogation to gather...

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Freedom and safety require some balance

The government’s role is to balance personal freedom against “other important rights,” says Michael Grunwald in Time. That includes, he writes, “the right of a child to watch a marathon or attend first...

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No right can ever be absolute

From limiting free speech to allowing search and seizure, all amendments have their restrictions, says Michael Tomasky in the Daily Beast. The Second Amendment, which has the least, may need more as...

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Why terror suspects deserve due process

In our zeal to prosecute accused terrorists, we risk treating the innocent like enemy combatants — as demonstrated by the case of Paul Kevin Curtis. He’s the Elvis impersonator who was accused of...

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Phone scandal reveals abuse of power

By sending its subpoenas for the telephone records of Associated Press staff directly to the phone companies rather than to the AP, the Justice Department prevented the news organization from seeking a...

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A chance for real change

Our opinion: Washington has a prime opportunity in the IRS and AP controversies to tackle concerns shared on the right, left, and center. Spying on journalists? Targeting by the Internal Revenue...

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A matter of due process

Our opinion: The rising use of asset forfeiture by the government threatens fundamental rights and the basics of  justice. Congress needs to look at this. Imagine you’re pulled over for supposedly...

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DNA decision allows search minus warrant

“All 50 states collect DNA from people who have been convicted of crimes,” says Emily Bazelon in Slate. But the Supreme Court’s decision to allow Maryland to collect DNA “from people who have been...

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Government oversnoop

Our opinion: Can public workers be subject to warrantless tracking in their private time? The real question is how much privacy can be chipped way before there’s none left. Imagine, if you will, this...

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Liberty too expensive a price for security

Our Founding Fathers believed liberty was “an imperative,” and its price was “discomfort, danger, and even, to borrow from Patrick Henry, death,” says Charles Cooke in the National Review. For...

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A new civil rights era

Our opinion: The gutting of the Voting Rights Act should be cause to action, not resignation. Whether they’re U.S. Supreme Court justices or ordinary citizens, Americans who believe this nation’s...

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Wrong way to fight crime

Our opinion: A federal judge rules that “stop-and-frisk,” New York City-style, is unconstitutional. And the attorney general says harsh federal drug crime sentences don’t work, either. It’s time for...

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Beyond stop-and-frisk

Stop-and-frisk searches do more harm than good, I. Bennett Capers says in The New York Times. The large number of minorities targeted by police and increased incidents of violence cause the public to...

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Court cases could shift constitutional law to right

Supreme Court Justice Anthony Kennedy may be the decisive vote on cases addressing campaign finance overhaul, abortion and separation of church and state, and “if “conservative justices hold sway,...

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Companies don’t qualify for religious rights

“Secular for-profit corporations” shouldn’t qualify for religious exemption to forgo their legal obligation to provide contraceptive health care coverage for employees, says David Gans of the...

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NSA exposes its own hypocrisy

Denying that it would “violate someone’s privacy to paint an American citizen as a disgusting sideshow,” the NSA contradicted itself on “60 Minutes” by referencing unflattering material it had gathered...

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Ruling on NSA affirms government misconduct

Judge Richard Leon’s ruling against the National Security Agency exposes “the delusion that bulk metadata collection is a practice that will only traipse on bad people,” and underscores the need for...

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The right to choose doesn’t trump the right to protest

Buffer zones around abortion clinics are unconstitutional, says Wendy Kaminer‘ in The Atlantic. A woman’s right to obtain reproductive health services, including abortions, “doesn’t diminish her...

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Even security has limits

Our opinion: The president left much still to be discussed in America’s debate on the limits of government gathering of citizens’ data. President Barack Obama’s acknowledgement that the government’s...

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No price on civil liberties

Our opinion: Public officials anywhere who are tempted to repeat New York City’s mass arrests of protesters should consider the true cost. There are two ways to look at the $18 million that New York...

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