On July 10 George W. Bush signed the FISA Amendments Act, which allows the government to spy on US citizens without meaningful judicial oversight and provides retroactive immunity to the Administration and the telecommunications companies that aided its warrantless wiretapping. A few hours after Bush’s signing, The Nation joined the ACLU and several other organizations and attorneys in a lawsuit challenging the constitutionality of the act (see www.aclu.org). Why is The Nation joining the suit? This law will directly undermine the ability of the magazine’s editors and contributors to gather information from foreign sources, many of whom will justifiably fear retribution if their communications cannot be kept confidential. For 143 years, we have believed that an essential element of patriotism is the unyielding defense of civil liberties. Immediately after 9/11, as the mainstream media enlisted in the Administration’s “war on terror,” it became clear to us that the need for an independent and critical press was never more urgent. We are proud to join the ACLU and other plaintiffs in this lawsuit in the belief that the government’s legitimate interest in protecting the nation can be fulfilled without sacrificing our civil liberties, and that surveillance activities should respect, not trample on, the Constitution.
- July 16, 2008