Upcoming debate addresses issues of free speech and civil liberties

Jay Dorne / Asst. News Editor

Boston Globe columnist Jeff Jacoby and published attorney Harvey Silverglate will offer opposing views on issues of free speech since the Sept. 11 terrorist attacks during a debate at 7:30 p.m. Monday in Whitley Auditorium.

The debate, which is free and open to the public, will focus on the impact of the Patriot Act on civil rights and issues of national security in times of crisis. Jacoby will offer a conservative perspective, reflecting the voice of his op-ed column for the Globe. Taking the other side, Silverglate will defend the protection of civil liberties — a central theme of his writing and law practice.

The Patriot Act has been at the center of debate about the balance between civil liberties and national security since it was passed shortly after Sept. 11. The act makes it easier for the federal government to obtain information on suspected terrorists through court-ordered searches, wire-taps and other methods of surveillance.

Critics of the Patriot Act say that it infringes on the civil liberties and personal lives of Americans. Proponents of the act consider it necessary means to protect Americans from further danger, and consider the sacrifice of privacy relatively minor.

Recent events have added to the controversy. During the State of the Union Address Jan. 29, President Bush called for renewal of the Patriot Act, which is scheduled to expire in 2005 due to a terminating sunset clause. Later in January, a federal judge declared a provision of the act unconstitutional for the first time.

“The Patriot Act is one of the most swiftly moving pieces of legislation in American history,” said Brooke Barnett, assistant professor of communications, who teaches a general studies course on freedom of expression.

“Anyone who has a sense of American history should not be surprised with the Patriot Act,” she said. “In times of crises, controversial legislation has always been passed — going back to the Alien and Sedition Acts and the House of Un-American Activities.”

Barnett also indicated that the Patriot Act has a strong affect on the academic world. There are provisions that allow the government access to library records, student and faculty e-mails and complicate relationships with international associates.

Some liberal arts colleges have spoken out on the Patriot Act, indicating it has raised concern about academic freedoms, privacy, excessive paperwork and costs. Among those in the academic community that have expressed these views are Norman Fainstein, president of Connecticut College, and Frances D. Fergusson, president of Vassar College.

Silverglate is the co-author of “The Shadow University” and vice president of the Foundation for Individual Rights in Education. The book and non-profit organization both aim at preserving and enlarging freedom of academic speech and expression on college campuses. Ann Cahill, assistant professor of philosophy and adviser to the Liberal Arts Forum, which is sponsoring the debate, said she hopes that this debate will foster more discussion about these issues.

“When planning this event, we were especially interested in the debate format,” Cahill said. “Having two experienced speakers simultaneously in a debate rather than two individual lectures should do a lot more to serve our academic goals.”