2004 First Place Essay Winner!
Dylan Atchley
In a democracy it is essential that the citizens are able to voice their opinion. As America grows it is increasingly difficult to be heard on a national level. Luckily, the first amendment protects the right to petition. Petitions are an excellent and effective form of protest that can be sent directly to your local representative or even to the President of the United States.
In early 2003, President Bush deliberated the committal of the United States military to war in Iraq. Many Americans opposed this action. In my own community, for example, a petition was created to voice opposition to the pending war. My own family was able to use this petition to state our opinion to our national leaders. This petition was obviously not effective, and the war in Iraq became a reality in March of 2003. However, the constitutional right of Americans to petition their government offsets the failure of this particular petition. My family and our community were able to express their views to the President and even oppose the president without fear of reprisal.
America is composed of millions of individuals and the right to petition gives a voice to these individuals that would otherwise be suppressed by the majority. As the well-known anthropologist Margaret Mead said, "Never doubt that a small group of thoughtful committed individuals can change the world. In fact, it's the only thing that ever has." My family was unable to change the actions of an entire nation, but in the past groups of individuals have made an impact. Our country was created in part due to the Olive Branch petition. It represented the final effort of the American colonists to have their conditions ameliorated and the differences between themselves and Great Britain settled. After King George III refused it the United States declared independence.
The right to petition is indispensable to our constitution. It supports the democratic principles that the United States was founded on by encouraging participation in government and gives individuals a voice in our government.
2004 Second Place Essay Winner!
Matthew Glasser
Two hundred plus years ago a loose confederation of colonies decided to petition their government and sought the representation they felt every man deserved. When they were denied they decided to establish their independence and create a government that would allow the people to decide their own fate. Their convictions were so strong that they risked open war with the most powerful army on the planet, a war against an empire that spanned the globe. They wanted a country where every man is equal and where every man can be the navigator of his own fortune. Men spilled blood in order to preserve this idea. These few men decided that freedom was more important than their very lives, and they proved to be the architects of one of the greatest nations in the history of the world. They recognized that freedom is far more than an abstract thought. It is no mere notion. It is alive and resides in the heart of the very soul. Although men cannot see it, it is with them forever. It is ingrained into their very existence. Freedom is the locomotive force within our collective life force. The United States has recognized its importance and throughout our history we have made laws and documents ensuring that our freedom is never restricted or stripped from us. The Bill of Rights- ten amendments to our very constitution- offers a list of these freedoms so that every man may know that he is his own master, and nothing is more important than Freedom of Speech.
Freedom of Speech is the force that has driven America forward for over two hundred years and has steered us into the twentyfirst century. All other freedoms stem from this one. It enables the press to print what it wants and empowers citizens to worship, as they want or to petition the government with their grievances. It enables people to assemble and exchange ideas in a peaceful manner. It does all these things because it represents so much more than the ability to say whatever a person wants. It is a way for human beings to celebrate their diversity and the differences in their thinking. It is a platform from which they may reveal their happiness or discontent. They can fearlessly condemn or approve of political figures. In +turn, they can join whichever political party is the best fit of their views and they do not have to fear the wrath of a disapproving government. Freedom of speech is the mother of democracy.
Freedom of Speech ensures a dynamic nation. It allows the exchange of ideas. Mankind is perpetually trying to seek some new goal. History has seen it before, whether it is through massive social movements like manifest destiny or technological advancements. We are creators; it is our nature to offer something new and unique. The First Amendment is the champion of this nature. It offers a legal guarantee that people can go on creating. Author's need not fear the iron fist of despot nor the sword of the tyranny of the majority. Without this ironclad armor, great works that have seen controversy, whether it be Huck Finn or Catcher in the Rye would be lost forever. Their messages would be intercepted and erased. This fact, although it seems elementary, strengthens our nation. It supports the United States against collapse. Although Rome may have fallen to barbarians, its true weakness was its fetid culture that stifled innovation and growth. The United States shall never fall; it will always serve as a spotlight in times of darkness.
2004 Third Place Essay Winner!
Our Rights and the Patriot Act
To this day, the United States continues to fail to maintain a democratic society that is accountable to the people. Just six weeks after the attacks during September 11 h, Congress passed the Patriot Act, a revision of the nation's surveillance laws which expanded the government's authority to spy on its own citizens. (Surveillance Under the USA Patriot Act) The Patriot Act increases the government's surveillance powers in record searches, secret searches, and intelligence searches. Our rights have become obstructed by the passing of this act.
First, the Patriot Act expands the government's ability to look at records on an individual's activity being held by a third party. This section of the act, section 215, allows the FBI to force anyone at all - including doctors, libraries, bookstores universities, and Internet service providers - to turn over records on their clients or customers. (ACLU) The FBI needs no evidence or reasonable suspicion of criminal activity to perform an investigation. This leads to a violation of the first amendment, in which the FBI can investigate Americans for exercising their right of free speech, and also against the fourth amendment because the FBI can now conduct search without a warrant or probable cause.
Second, the Patriot Act unconstitutionally amends the Federal rules of criminal procedure to allow the government to conduct secret searches without notifying the subjects, at least until long after the search has been executed. (Analysis of Patriot Act) The government can enter a house, perform a search, take photographs, and even seize property without notifying the occupants until much later. This aspect of the Patriot Act is part of criminal investigations but has nothing to do with fighting terrorism or foreign intelligence.
Third, the FBI can now conduct a wiretap on American citizens to obtain intelligence. A 1978 law called the Foreign Intelligence Surveillance Act created an exception to the Fourth Amendment's requirement for probable cause when the purpose of a wiretap or search was to gather foreign intelligence. (ACLU) The Patriot Act has expanded this exception to cover wiretaps and searches that do collect evidence for regular domestic criminal cases. Previously, foreign intelligence had to be at stake.
The passing of the Patriot Act has diminished the privacy rights of American citizens greatly. The government can now perform searches secretly regarding our personal records without any probable cause. The issue of foreign intelligence is hardly being touched upon; instead our lives are being monitored.
Works Cited
"ACLU." [Online] Available http://www.aclu.org/news/NewsPrint.cfm?ID=12263&c=206
"Surveillance Under the USA Patriot Act." [Online] Available http://www.lifeandliberty.org/rights/patriotact/surveillance.cfm?ID=233, March 3, 2004.
"Analysis of Patriot Act." [Online] Available
http://eff.org/pri vacy/secretsearches/2205 3 22patriotact.html