Learning From our Past: 1987 Speech by Justice Brennan Helps Frame Civil Liberty Concerns in Light of 9/11 Attack. By E. Joshua Rosenkranz, President, Brennan Center for Justice. And The Quest to Develop of Jurisprudence of Civil Liberties in Times of Security Crises. By William J. Brennan, Jr. (Brennan Center for Justice, New York, New York) 2001. 11 p.
Full Text at: www.brennancenter.org/resources/resources_national_security.html
[“We are distributing Justice Brennan's speech because we believe it will be an asset for government leaders, judges, journalists, scholars, and other policy makers at this difficult time in the life of our nation. In these pages you will find a concise history of our nation's balance between civil liberties and security during times of national crises: the Alien and Sedition Acts of 1798; President Lincoln's suspension of habeas corpus; Espionage Act prosecutions of anti-war statements during World War I; the internment of American citizens of Japanese descent during World War II; and the Cold War Communist scare. Our historical record in dealing with this challenge has been decidedly undistinguished.”]