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Being Watched - Legal Challenges to Government Surveillance (Hardcover)
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Being Watched - Legal Challenges to Government Surveillance (Hardcover)
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A riveting history of the Supreme Court decision that set the legal
precedent for citizen challenges to government surveillance The
tension between national security and civil rights is nowhere more
evident than in the fight over government domestic surveillance.
Governments must be able to collect information at some level, but
surveillance has become increasingly controversial due to its more
egregious uses and abuses, which tips the balance toward
increased-and sometimes total-government control.This struggle came
to forefront in the early 1970s, after decades of abuses by U.S.
law enforcement and intelligence agencies were revealed to the
public, prompting both legislation and lawsuits challenging the
constitutionality of these programs. As the plaintiffs in these
lawsuits discovered, however, bringing legal challenges to secret
government surveillance programs in federal courts faces a
formidable obstacle in the principle that limits court access only
to those who have standing, meaning they can show actual or
imminent injury-a significant problem when evidence of the
challenged program is secret. In Being Watched, Jeffrey L. Vagle
draws on the legacy of the 1972 Supreme Court decision in Laird v.
Tatum to tell the fascinating and disturbing story of jurisprudence
related to the issue of standing in citizen challenges to
government surveillance in the United States. It examines the facts
of surveillance cases and the reasoning of the courts who heard
them, and considers whether the obstacle of standing to
surveillance challenges in U.S. courts can ever be overcome. Vagle
journeys through a history of military domestic surveillance,
tensions between the three branches of government, the powers of
the presidency in times of war, and the power of individual
citizens in the ongoing quest for the elusive freedom-organization
balance. The history brings to light the remarkable number of
similarities among the contexts in which government surveillance
thrives, including overzealous military and intelligent agencies
and an ideologically fractured Supreme Court. More broadly, Being
Watched looks at our democratic system of government and its
ability to remain healthy and intact during times of national
crisis. A compelling history of a Supreme Court decision and its
far-reaching consequences, Being Watched is essential reading for
anyone seeking to understand the legal justifications for-and
objections to-surveillance.
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