"There can be no more timely topic, nor more fundamental question, than the viability of an open society in the face of terrorism. This volume provides a wide-ranging, critical, and provocative survey of the challenges the US government and society face in the wake of September 11, 2001, and our initial responses. A grasp of the issues raised by these authors is of critical importance for any informed citizen."

--Charles E. Walcott, Professor of Political Science, Virginia Tech

"As the United States, in the wake of 9-11, struggles to balance civil liberties with the requirements of national security, policy makers and citizens alike would benefit greatly from reading this carefully balanced set of essays. In this impressive collection, scholars put our current dilemmas of law and policy into historical perspective. They thoughtfully raise the alarm about potential threats to our civil liberties without being alarmist. This is an important contribution to our understanding of the balance between the civil liberties crucial to our democracy and the demands of national security in an era of increased terrorist threats."

--James P. Pfiffner, University Professor, School of Public Policy at George Mason University

Publisher Web Site, June 2005

In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than whether the ideas associated with the modern period of political philosophy, the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism, can survive. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the twenty-first century.

List of Tables

Preface

About the Contributors

Introduction: American National Security and Civil Liberties in an Era of Terrorism--John W. Wells and David B. Cohen

At Odds With One Another: The Tension Between Civil Liberties and National Security in Twentieth Century America--Jerel A. Rosati

Protecting (or Destroying) Freedom Through Law: The USA PATRIOT Act's Constitutional Implications--Christopher P. Banks

Presidential Power, Judicial Deference, and the Status of Detainees in an Age of Terrorism--Otis H. Stephens, Jr.

Activist Judges, Responsive Legislators, Frustrating Presidents: International Human Rights, National Security, and Civil Litigation Against Terrorist States--John C. Blakeman

The Needs of the Many: Biological Terrorism, Disease-Containment, and Civil Liberties--David B. Cohen, Alethia H. Cook, and David J. Louscher

Terrorism, Security, and Civil Liberties: The States Respond--Edward R. Sharkey, Jr., and Kendra B. Stewart

Air Transportation Policy in the Wake of September 11th: Public Management and Civil Liberties in an Authority Centralization Context--Brian J. Gerber and Chris J. Dolan

Terrorism, War, and Freedom of the Press: Suppression and Manipulation in Times of Crisis--Kendra B. Stewart and Christian Marlin

At What Price?: Security, Civil Liberties, and Public Opinion in the Age of Terrorism--Susan J. Tabrizi

The Possibility of Dissent in the Age of Terrorism: A First Amendment Problem and a Proposal for Reform--Daniel P. Tokaji

The Way Forward: Hobbes or Locke?--John W. Wells

Index