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Limiting Rights in Times of Crisis: Our Civil War Experience - A History Lesson for a Post-9-11 America

22 Pages Posted: 16 Apr 2008 Last revised: 7 Aug 2009

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 2003

Abstract

In the post-September 11th world, Americans must rethink the meaning of civil liberties in a free country. Has this new reign of terrorism fundamentally undermined the possibility of a "free" society, or has it merely forced us to accept some inconveniences?
As we begin the process of learning how to balance security and liberty in an age of global terrorism, it is important to understand the ways in which claims of "necessity" or assertions of "dangerous times" have been used and misused in the past.
This article examines critical lessons we can learn from the history of the nation in crisis times.

Keywords: terrorism, civil liberties, national security

Suggested Citation

Finkelman, Paul, Limiting Rights in Times of Crisis: Our Civil War Experience - A History Lesson for a Post-9-11 America (2003). Cardozo Public Law, Policy and Ethics Journal, Vol. 2, No. 25, 2003. Available at SSRN: https://ssrn.com/abstract=1120323

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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