Document Type

Article

Publication Title

NYU Journal of Legislation and Public Policy

Publication Date

2017

Abstract

How does one balance national security and civil liberties when they are essentially incommensurable values? This Article seeks to answer that question by looking at both as a function of individual choice. We like national security in principle because it stops terrorists from taking away our choices—the choice to live, the choice to retain the integrity of our health, and the choice to act in the manner that we prefer. We like civil liberties because we want to be free from government interference when choosing the speech in which to engage, the religion we practice, and many other fundamental aspects of our lives. This Article argues that we should examine the ways in which national security measures create costs and benefits in the number and types of choices that we exercise. Applying this framework, many programs of the National Security Agency (NSA) and Transportation Security Agency (TSA) reduce our choices much more than they increase them. These programs should accordingly be modified or eliminated, and future programs should only be created and implemented if they increase the number and/or quality of choices that individuals have. The Article concludes with suggestions to advance this goal, including the potential privatization of the TSA and the imposition of greater liability for government actors who reduce choices by violating individuals’ civil liberties.

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.