Guilt By Expressive Association: Political Profiling, Surveillance And The Privacy Of Groups
INTRODUCTION
Since September 11, Americans have accepted new restrictions on their freedom in return for the promise of increased security in their daily lives. Most people have reconciled themselves to increased governmental surveillance and some limitations on their daily activities, such as security screenings and enhanced video surveillance, with the belief that these measures will reduce the likelihood of terrorist attacks. While people are rightly concerned that the United States (U.S.) might be subject to another attack by Al Qaeda, there is a risk that increased security measures and surveillance will unduly focus on individuals and groups unlikely to be involved in terrorism. Those likely to be targeted by law enforcement, such as Muslims attending mosques or political dissidents protesting war in Iraq, can face repercussions considerably more serious than waiting in line to pass through a metal detector.4 The history of the FBI and other law enforcement surveillance gives scant comfort to those engaged in lawful political and religious activities who are...