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  • Template:Featured schedule - Wikisource, the free online library
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    Anthony Roll June Celtic Fairy Tales July The Songs of a Sentimental Bloke August A Study in Scarlet September Makers of British botany October The Life of Captain Matthew Flinders R N November December Houston Where Seventeen Railroads Meet the Sea 2011 January No Treason February March Mrs Caudle s curtain lectures April The Velveteen Rabbit May Poems by Wilfred Owen June July Stops of Various Quills August A Witch Shall Be Born September Susan B Anthony petition for remission of fine October November December 2012 January February Picturesque New Guinea March Flatland April Shaving Made Easy May June July Popular Science Monthly August Homes of the London Poor September Mexico as it was and as it is October Special Halloween November Bull dog Drummond December Black Beauty 2013 January Proclamation 95 February Rambles in New Zealand March The Art of Nijinsky April A Jewish State May Amazing Stories no 1 June Laura Secord A Study in Canadian Patriotism July Magic August Tracks of McKinlay and party across Australia September The Yellow Wall Paper October The Canterville Ghost The Legend of Sleepy Hollow November The Laws of Hammurabi King of Babylonia December Vanity Fair 2014 January The Corsair February The Clipper Ship Era March Association Football and How to Play It April Daisy Miller May Romanes Lecture June Alice s Adventures in Wonderland July Doctor Syn August Tyrannosaurus and Other Cretaceous Carnivorous Dinosaurs September October Wikipedia is pushing the boundaries of scholarly practice but the gender gap must be addressed November December A Christmas Carol 2015 January The Russian School of Painting February Diaries of Court Ladies of Old Japan March The Problems of Philosophy April On the Determination of the Wave length of Electric Radiation by Diffraction Grating May Kopal Kundala June Studies of a Biographer July August Queen

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  • ACLU v. NSA/438 F. Supp. 2d 754 - Wikisource, the free online library
    state secrets privilege does not apply to this information Contrary to Defendants arguments the court is persuaded that Plaintiffs are able to establish a prima facie case based solely on Defendants public admissions regarding the TSP Plaintiffs declarations establish that their communications would be monitored under the TSP 7 Further Plaintiffs have shown that because of the existence of the TSP they have suffered a real and concrete harm Plaintiffs declarations state undisputedly that they are stifled in their ability to 14 vigorously conduct research interact with sources talk with clients and in the case of the attorney Plaintiffs uphold their oath of providing effective and ethical representation of their clients 8 In addition Plaintiffs have the additional injury of incurring substantial travel expenses as a result of having to travel and meet with clients and others relevant to their cases Therefore the court finds that Plaintiffs need no additional facts to establish a prima facie case for any of their claims questioning the legality of the TSP The court however is convinced that Plaintiffs cannot establish a prima facie case to support their data mining claims without the use of privileged information and further litigation of this issue would force the disclosure of the very thing the privilege is designed to protect Therefore the court grants Defendants motion for summary judgment with respect to this claim Finally Defendants assert that they cannot defend this case without the exposure of state secrets This court disagrees The Bush Administration has repeatedly told the general public that there is a valid basis in law for the TSP 9 Further Defendants have contended that the President has the authority under the AUMF and the Constitution to authorize the continued use of the TSP Defendants have supported these arguments without revealing or relying on any classified information Indeed the court has reviewed the classified information and is of the opinion that this information is not necessary to any viable defense to the TSP Defendants have presented support 15 for the argument that it is well established that the President may exercise his statutory and constitutional authority to gather intelligence information about foreign enemies 10 Defendants cite to various sources to support this position Consequently the court finds Defendants argument that they cannot defend this case without the use of classified information to be disingenuous and without merit In sum the court holds that the state secrets privilege applies to Plaintiffs data mining claim and that claim is dismissed The privilege however does not apply to Plaintiffs remaining claims challenging the validity of the TSP since Plaintiffs are not relying on or requesting any classified information to support these claims and Defendants do not need any classified information to mount a defense against these claims 11 III Standing edit Defendants argue that Plaintiffs do not establish their standing They contend that Plaintiffs claim here is merely a subjective fear of surveillance which falls short of the type of injury necessary to establish standing They argue that Plaintiffs alleged injuries are too tenuous to be recognized not distinct and palpable nor concrete and particularized Article III of the U S Constitution limits the federal court s jurisdiction to cases and controversies Lujan v Defenders of Wildlife 504 U S 555 560 1992 To have a genuine case or controversy the plaintiff must establish standing T he core component of standing is an essential and unchanging part of the case or controversy requirement of Article III Lujan v 16 Defenders of Wildlife 504 U S at 560 To establish standing under Article III a plaintiff must satisfy the following three requirements 1 the plaintiff must have suffered an injury in fact an invasion of a legally protected interest which is a concrete and particularized and b actual or imminent not conjectural or hypothetical 2 there must be a causal connection between the injury and the conduct complained of and 3 it must be likely as opposed to merely speculative that the injury will be redressed by a favorable decision Id at 560 561 The party invoking federal jurisdiction bears the burden of establishing these elements Id at 561 An association has standing to bring suit on behalf of its members when its members would otherwise have standing to sue in their own right the interests it seeks to protect are germane to the organization s purpose and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit Friends of the Earth Inc v Laidlaw Environmental Services TOC Inc 528 U S 167 181 2000 citing Hunt v Washington State Apple Advertising Comm n 432 U S 333 342 1977 At the pleading stage general factual allegations of injury resulting from the defendant s conduct may suffice for on a motion to dismiss we presume that general allegations embrace those specific facts that are necessary to support the claim Id at 561 quoting Lujan v National Wildlife Federation 497 U S 871 889 1990 In response to a motion for summary judgment however the plaintiff can no longer rest upon such mere allegations but must set forth by affidavit or other evidence specific facts Fed R Civ Proc 56 e which for purposes of the summary judgment motion will be taken to be true Id This court is persuaded that Plaintiffs in this case have set forth the necessary facts to have satisfied all three of the prerequisites listed above to establish standing 17 To determine whether Plaintiffs have standing to challenge the constitutionality of the TSP we must examine the nature of the injury in fact which they have alleged The injury must be distinct and palpable and not abstract or conjectural or hypothetical National Rifle Association of America v Magaw 132 F 3d 272 280 6th Cir 1997 citing Allen v Wright 468 U S 737 751 1982 Plaintiffs here contend that the TSP has interfered with their ability to carry out their professional responsibilities in a variety of ways including that the TSP has had a significant impact on their ability to talk with sources locate witnesses conduct scholarship engage in advocacy and communicate with persons who are outside of the United States including in the Middle East and Asia Plaintiffs have submitted several declarations to that effect For example scholars and journalists such as plaintiffs Tara McKelvey Larry Diamond and Barnett Rubin indicate that they must conduct extensive research in the Middle East Africa and Asia and must communicate with individuals abroad whom the United States government believes to be terrorist suspects or to be associated with terrorist organizations 12 In addition attorneys Nancy Hollander William Swor Joshua Dratel Mohammed Abdrabboh and Nabih Ayad indicate that they must also communicate with individuals abroad whom the United States government believes to be terrorist suspects or to be associated with terrorist organizations 13 and must discuss confidential information over the phone and email with their international clients 14 All of the Plaintiffs contend that the TSP has caused clients witnesses and sources to discontinue their communications with plaintiffs out of fear that 18 their communications will be intercepted 15 They also allege injury based on the increased financial burden they incur in having to travel substantial distances to meet personally with their clients and others relevant to their cases 16 The ability to communicate confidentially is an indispensable part of the attorney client relationship As University of Michigan legal ethics professor Leonard Niehoff explains attorney client confidentiality is central to the functioning of the attorney client relationship and to effective representation 17 He further explains that Defendants TSP creates an overwhelming if not insurmountable obstacle to effective and ethical representation and that although Plaintiffs are resorting to other inefficient means for gathering information the TSP continues to cause substantial and ongoing harm to the attorney client relationships and legal representations 18 He explains that the increased risk that privileged communications will be intercepted forces attorneys to cease telephonic and electronic communications with clients to fulfill their ethical responsibilities 19 Defendants argue that the allegations present no more than a chilling effect based upon purely speculative fears that the TSP subjects the Plaintiffs to surveillance In arguing that the injuries are not constitutionally cognizable Defendants rely heavily on the case of Laird v Tatum 408 U S 1 1972 19 In Laird the plaintiffs sought declaratory and injunctive relief on their claim that their rights were being invaded by the Army s domestic surveillance of civil disturbances and public activities that were thought to have at least some potential for civil disorder Id at 6 The plaintiffs argued that the surveillance created a chilling effect on their First Amendment rights caused by the existence and operation of the surveillance program in general Id at 3 The Supreme Court rejected the plaintiffs efforts to rest standing upon the mere chill that the program cast upon their associational activities It said that the jurisdiction of a federal court may not be invoked by a complainant who alleges that the exercise of his First Amendment rights is being chilled by the mere existence without more of a governmental investigative and data gathering activity Id emphasis added Laird however must be distinguished here The plaintiffs in Laird alleged only that they could conceivably become subject to the Army s domestic surveillance program Presbyterian Church v United States 870 F 2d 518 522 1989 citing Laird v Tatum 408 U S at 13 emphasis added The Plaintiffs here are not merely alleging that they could conceivably become subject to surveillance under the TSP but that continuation of the TSP has damaged them The President indeed has publicly acknowledged that the types of calls Plaintiffs are making are the types of conversations that would be subject to the TSP 20 Although Laird establishes that a party s allegation that it has suffered a subjective chill alone does not confer Article III standing Laird does not control this case As Justice then Judge 20 Breyer has observed t he problem for the government with Laird lies in the key words without more Ozonoff v Berzak 744 F 2d 224 229 1st Cir 1984 This court agrees with Plaintiffs position that standing here does not rest on the TSP s mere existence without more The Plaintiffs in this case are not claiming simply that the Defendants surveillance has chilled them from making international calls to sources and clients Rather they claim that Defendants surveillance has chilled their sources clients and potential witnesses from communicating with them The alleged effect on Plaintiffs is a concrete actual inability to communicate with witnesses sources clients and others without great expense which has significantly crippled Plaintiffs at a minimum in their ability to report the news and competently and effectively represent their clients See Presbyterian Church v United States 870 F 2d 518 1989 church suffered substantial decrease in attendance and participation of individual congregants as a result of governmental surveillance Plaintiffs have suffered actual concrete injuries to their abilities to carry out their professional responsibilities The direct injury and objective chill incurred by Plaintiffs are more than sufficient to place this case outside the limitations imposed by Laird The instant case is more akin to Friends of the Earth in which the Court granted standing to environmental groups who sued a polluter under the Clean Water Act because environmental damage caused by the defendant had deterred members of the plaintiff organizations from using and enjoying certain lands and rivers Friends of the Earth 528 U S at 181 183 The Court there held that the affidavits and testimony presented by plaintiffs were sufficient to establish reasonable concerns about the effects of those discharges and were more than general averments and conclusory allegations Friends of the Earth 528 U S at 183 184 The court distinguished the case from Lujan in which the Court had held that no actual injury had been established where 21 plaintiffs merely indicated some day intentions to visit endangered species around the world Friends of the Earth 528 U S at 184 quoting Lujan 504 U S at 564 The court found that the affiants conditional statements that they would use the nearby river for recreation if defendant were not discharging pollutants into it was sufficient to establish a concrete injury Id at 184 Here Plaintiffs are not asserting speculative allegations Instead the declarations asserted by Plaintiffs establish that they are suffering a present concrete injury in addition to a chill of their First Amendment rights Plaintiffs would be able to continue using the telephone and email in the execution of their professional responsibilities if the Defendants were not undisputedly and admittedly conducting warrantless wiretaps of conversations As in Friends of the Earth this damage to their interest is sufficient to establish a concrete injury Numerous cases have granted standing where the plaintiffs have suffered concrete profession related injuries comparable to those suffered by Plaintiffs here For example the First Circuit conferred standing upon claimants who challenged an executive order which required applicants for employment with the World Health Organization to undergo a loyalty check that included an investigation into the applicant s associations and activities The court there determined that such an investigation would have a chilling effect on what an applicant says or does a sufficient injury to confer standing Ozonoff 744 F 2d at 228 229 Similarly the District of Columbia Circuit Court of Appeals granted standing to a reshelver of books at the Library of Congress who was subjected to a full field FBI investigation which included an inquiry into his political beliefs and associations and subsequently resulted in his being denied a promotion or any additional employment opportunities the court having determined that plaintiff had suffered a present objective harm as well as an objective chill of his First Amendment rights and not merely a 22 potential subjective chill as in Laird Also the Supreme Court in Presbyterian Church v United States granted standing to a church which suffered decreased attendance and participation when the government actually entered the church to conduct surveillance Presbyterian Church 870 F 2d at 522 Lastly in Jabara v Kelley 476 F Supp 561 E D Mich 1979 vac d on other grounds sub nom Jabara v Webster 691 F 2d 272 6th Cir 1982 the court held that an attorney had standing to sue to enjoin unlawful FBI and NSA surveillance which had deterred others from associating with him and caused injury to his reputation and legal business Id at 568 These cases constitute acknowledgment that substantial burdens upon a plaintiff s professional activities are an injury sufficient to support standing Defendants ignore the significant concrete injuries which Plaintiffs continue to experience from Defendants illegal monitoring of their telephone conversations and email communications Plaintiffs undeniably have cited to distinct palpable and substantial injuries that have resulted from the TSP This court finds that the injuries alleged by Plaintiffs are concrete and particularized and not abstract or conjectural The TSP is not hypothetical it is an actual surveillance program that was admittedly instituted after September 11 2001 and has been reauthorized by the President more than thirty times since the attacks 21 The President has moreover emphasized that he intends to continue to reauthorize the TSP indefinitely 22 Further the court need not speculate upon the kind of activity the Plaintiffs want to engage in they want to engage in conversations with individuals abroad without fear that their First Amendment rights are being infringed upon Therefore this court concludes that Plaintiffs have satisfied the requirement of alleging actual or threatened 23 injury as a result of Defendants conduct It must now be determined whether Plaintiffs have shown that there is a causal connection between the injury and the complained of conduct Lujan 504 U S at 560 561 The causal connection between the injury and the conduct complained of is fairly traceable to the challenged action of Defendants The TSP admittedly targets communications originated or terminated outside the United States where a party to such communication is in the estimation of Defendants a member of al Qaeda a member of a group affiliated with al Qaeda or an agent of al Qaeda or its affiliates 23 The injury to the Plaintiffs stems directly from the TSP and their injuries can unequivocally be traced to the TSP Finally it is likely that the injury will be redressed by the requested relief A determination by this court that the TSP is unconstitutional and a further determination which enjoins Defendants from continued warrantless wiretapping in contravention of FISA would assure Plaintiffs and others that they could freely engage in conversations and correspond via email without concern at least without notice that such communications were being monitored The requested relief would thus redress the injury to Plaintiffs caused by the TSP Although this court is persuaded that Plaintiffs have alleged sufficient injury to establish standing it is important to note that if the court were to deny standing based on the unsubstantiated minor distinctions drawn by Defendants the President s actions in warrantless wiretapping in contravention of FISA Title III and the First and Fourth Amendments would be immunized from judicial scrutiny It was never the intent of the Framers to give the President such unfettered control particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of 24 Rights The three separate branches of government were developed as a check and balance for one another It is within the court s duty to ensure that power is never condense d into a single branch of government Hamdi v Rumsfeld 542 U S 507 536 2004 plurality opinion We must always be mindful that w hen the President takes official action the Court has the authority to determine whether he has acted within the law Clinton v Jones 520 U S 681 703 1997 It remains one of the most vital functions of this Court to police with care the separation of the governing powers When structure fails liberty is always in peril Public Citizen v U S Dept of Justice 491 U S 440 468 1989 Kennedy J concurring Because of the very secrecy of the activity here challenged Plaintiffs each must be and are given standing to challenge it because each of them is injured and chilled substantially in the exercise of First Amendment rights so long as it continues Indeed as the perceived need for secrecy has apparently required that no person be notified that he is aggrieved by the activity and there have been no prosecutions no requests for extensions or retroactive approvals of warrants no victim in America would be given standing to challenge this or any other unconstitutional activity according to the Government The activity has been acknowledged nevertheless Plaintiffs have sufficiently alleged that they suffered an actual concrete injury traceable to Defendants and redressable by this court Accordingly this court denies Defendants motion to dismiss for lack of standing IV The History of Electronic Surveillance in America edit Since the Court s 1967 decision of Katz v U S 389 U S 347 1967 it has been understood that the search and seizure of private telephone conversations without physical trespass required 25 prior judicial sanction pursuant to the Fourth Amendment Justice Stewart there wrote for the Court that searches conducted without prior approval by a judge or magistrate were per se unreasonable under the Fourth Amendment Id at 357 Congress then in 1968 enacted Title III of the Omnibus Crime Control and Safe Streets Act hereinafter Title III 24 governing all wire and electronic interceptions in the fight against certain listed major crimes The Statute defined an aggrieved person 25 and gave such person standing to challenge any interception allegedly made without a judicial order supported by probable cause after requiring notice to such person of any interception made 26 The statute also stated content requirements for warrants and applications under oath therefor made 27 including time name of the target place to be searched and proposed duration of that search and provided that upon showing of an emergency situation a post interception warrant could be obtained within forty eight hours 28 In 1972 the court decided U S v U S District Court 407 U S 297 1972 the Keith case and held that for lawful electronic surveillance even in domestic security matters the Fourth Amendment requires a prior warrant In 1976 the Congressional Church Committee 29 disclosed that every President since 1946 26 had engaged in warrantless wiretaps in the name of national security and that there had been numerous political abuses 30 and in 1978 Congress enacted the FISA 31 Title III specifically excluded from its coverage all interceptions of international or foreign communications and was later amended to state that the FISA of 1978 shall be the exclusive means by which electronic surveillance of foreign intelligence communications may be conducted 32 The government argues that Title III s disclaimer language at 18 U S C 2511 2 f that nothing therein should be construed to limit the constitutional power of the President to make international wiretaps In the Keith case Justice Powell wrote that Congress simply left Presidential powers where it found them that the disclaimer was totally neutral and not a grant of authority U S v U S District Court 407 U S at 303 The FISA defines a United States person 33 to include each of Plaintiffs herein and requires a prior warrant for any domestic international interception of their communications For various exigencies exceptions are made That is the government is granted fifteen days from Congressional Declaration of War within which it may conduct intercepts before application for an order 34 It is also granted one year on certification by the Attorney General 35 and seventy two hours for other 27 defined exigencies 36 Those delay provisions clearly reflect the Congressional effort to balance executive needs against the privacy rights of United States persons as recommended by Justice Powell in the Keith case when he stated that Different standards may be compatible with the Fourth Amendment if they are reasonable both in relation to the legitimate need of Government for intelligence information and the protected rights of our citizens U S v U S District Court 407 U S at 322 323 Also reflective of the balancing process Congress pursued in FISA is the requirement that interceptions may be for no longer than a ninety day duration minimization is again required 37 and an aggrieved person is again as in Title III required to be notified of proposed use and given the opportunity to file a motion to suppress 38 Also again alternatives to a wiretap must be found to have been exhausted or to have been ineffective 39 A FISA judicial warrant moreover requires a finding of probable cause to believe that the target was either a foreign power or agent thereof 40 not that a crime had been or would be committed as Title III s more stringent standard required Finally a special FISA court was required to be appointed of federal judges designated by the Chief Justice 41 They were required to hear ex parte all applications and make all orders 42 28 The FISA was essentially enacted to create a secure framework by which the Executive branch may conduct legitimate electronic surveillance for foreign intelligence while meeting our national commitment to the Fourth Amendment It is fully described in United States v Falvey 540 F Supp 1306 E D N Y 1982 where the court held that FISA did not intrude upon the President s undisputed right to conduct foreign affairs but protected citizens and resident aliens within this contry as United States persons Id at 1312 The Act was subsequently found to meet Fourth Amendment requirements constituting a reasonable balance between Governmental needs and the protected rights of our citizens in United States v Cavanagh 807 F 2d 787 9th Cir 1987 and United States v Duggan 743 F 2d 59 2d Cir 1984 Against this background the present program of warrantless wiretapping has been authorized by the administration and the present lawsuit filed V The Fourth Amendment edit The Constitutional Amendment which must first be discussed provides The right the of people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized U S Const Amend IV This Amendment was specifically propounded and ratified with the memory of Entick v Carrington 95 Eng Rep 807 1765 in mind stated Circuit Judge Skelly Wright in Zweibon v Mitchell 516 F 2d 594 618 n 67 D C Circ 1975 en banc plurality opinion Justice Douglas in his concurrence in the Keith case also noted the significance of Entick in our history 29 stating For it was such excesses as the use of general warrants and the writs of assistance that led to the ratification of the Fourth Amendment In Entick v Carrington citation omitted decided in 1765 one finds a striking parallel to the executive warrants utilized here The Secretary of State had issued general executive warrants to his messengers authorizing them to roam about and to seize libelous material and libellants of the sovereign Entick a critic of the Crown was the victim of one such general search during which his seditious publications were impounded He brought a successful damage action for trespass against the messengers The verdict was sustained on appeal Lord Camden wrote that if such sweeping tactics were validated then the secret cabinets and bureaus of every subject in this kingdom will be thrown open to the search and inspection of a messenger whenever the secretary of state shall think fit to charge or even to suspect a person to be the author printer or publisher of a seditious libel citation omitted In a related and similar proceeding Huckle v Money citation omitted the same judge who presided over Entick s appeal held for another victim of the same despotic practice saying t o enter a man s house by virtue of a nameless warrant in order to procure evidence is worse than the Spanish Inquisition See also Wilkes v Wood citation omitted t he tyrannical invasions described and assailed in Entick Huckle and Wilkes practices which also were endured by the colonists have been recognized as the primary abuses which ensured the Warrant Clause a prominent place in our Bill of Rights U S v U S District Court 407 U S at 328 329 Douglas J concurring Justice Powell in writing for the court in the Keith case also wrote that Over two centuries ago Lord Mansfield held that common law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel It is not fit said Mansfield that the receiving or judging of the information should be left to the discretion of the officer The magistrate ought to judge and should give certain directions to the officer citation omitted Lord Mansfield s formulation touches the very heart of the Fourth Amendment directive that where practical a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen s 30 private premises or conversation Inherent in the concept of a warrant is its issuance by a neutral and detached magistrate citations omitted The further requirement of probable cause instructs the magistrate that baseless searches shall not proceed U S v U S District Court 407 U S at 316 The Fourth Amendment accordingly was adopted to assure that Executive abuses of the power to search would not continue in our new nation Justice White wrote in 1984 in United States v Karo 468 U S 705 1984 a case involving installation and monitoring of a beeper which had found its way into a home that a private residence is a place in which society recognizes an expectation of privacy that warrantless searches of such places are presumptively unreasonable absent exigencies Id at 714 715 Karo is consistent with Katz where Justice Stewart held that Over and again this Court has emphasized that the mandate of the Fourth Amendment requires adherence to judicial processes citation omitted and that searches conducted outside the judicial process without prior approval by judge or magistrate are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well delineated exceptions Katz 389 U S at 357 Justice Powell s opinion in the Keith case also stated that The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates Their duty and responsibility are to enforce the laws to investigate and to prosecute citation omitted But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks The historical judgment which the Fourth Amendment accepts is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech U S v U S District Court 407 U S at 317 Accordingly the Fourth Amendment about which much has been written in its few words requires 31 reasonableness in all searches It also requires prior warrants for any reasonable search based upon prior existing probable cause as well as particularity as to persons places and things and the interposition of a neutral magistrate between Executive branch enforcement officers and citizens In enacting FISA Congress made numerous concessions to stated executive needs They include delaying the applications for warrants until after surveillance has begun for several types of exigencies reducing the probable cause requirement to a less stringent standard provision of a single court of judicial experts and extension of the duration of approved wiretaps from thirty days under Title III to a ninety day term All of the above Congressional concessions to Executive need and to the exigencies of our present situation as a people however have been futile The wiretapping program here in litigation has undisputedly been continued for at least five years it has undisputedly been implemented without regard to FISA and of course the more stringent standards of Title III and obviously in violation of the Fourth Amendment The President of the United States is himself created by that same Constitution VI The First Amendment edit The First Amendment provides Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the Government for a redress of grievances U S Const Amend I This Amendment the very first which the American people required to be made to the new Constitution was adopted as was the Fourth with Entick v Carrington and the actions of the star chamber in mind As the Court wrote in Marcus v Search Warrants 367 U S 717 1961 32 Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure This history was of course part of the intellectual matrix within which our own constitutional fabric was shaped The Bill of Rights was fashioned against the background of knowledge that unrestricted power of search and seizure could also be an instrument for stifling liberty of expression Marcus 367 U S at 724 729 As Justice Brennan wrote for the Court in Dombrowski v Pfister 380 U S 479 1965 the appellant organizations had been subjected to repeated announcements of their subversiveness which frightened off potential members and contributors and had been harmed irreparably requiring injunctive relief The Louisiana law against which they complained moreover had a chilling effect on protected expression because so long as the statute was available the threat of prosecution for protected expression remained real and substantial Judge Wright in Zweibon noted that the tapping of an organization s office phone will provide the membership roster of that organization as forbidden by Bates v City of Little Rock 361 U S 516 1960 thereby causing members to leave that organization and thereby chilling the organization s First Amendment rights and causing the loss of membership Zweibon 516 F 2d at 634 A governmental action to regulate speech may be justified only upon showing of a compelling governmental interest and that the means chosen to further that interest are the least restrictive of freedom of belief and association that could be chosen Clark v Library of Congress 750 F 2d 89 94 D C Cir 1984 It must be noted that FISA explicitly admonishes that no United States person may be 33 considered an agent of a foreign power solely upon the basis of activities protected by the First Amendment to the Constitution of the United States 50 U S C 1805 a 3 A See also United States v Falvey 540 F Supp at 1310 Finally as Justice Powell wrote for the Court in the Keith case National security cases moreover often reflect a convergence of First and Fourth Amendment values not present in cases of ordinary crime Though the investigative duty of the executive may be stronger in such cases so also is there greater jeopardy to constitutionally protected speech Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure power citation omitted History abundantly documents the tendency of Government however benevolent and benign its motives to view with suspicion those who most fervently dispute its policies Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs U S v U S District Court 407 U S at 313 314 The President of the United States a creature of the same Constitution which gave us these Amendments has undisputedly violated the Fourth in failing to procure judicial orders as required by FISA and accordingly has violated the First Amendment Rights of these Plaintiffs as well VII The Separation of Powers edit The Constitution of the United States provides that a ll legislative Powers herein granted shall be vested in a Congress of the United States 43 It further provides that t he executive Power shall be vested in a President of the United States of America 44 And that he shall take care that the laws be faithfully executed 45 34 Our constitution was drafted by founders and ratified by a people who still held in vivid memory the image of King George III and his General Warrants The concept that each form of governmental power should be separated was a well developed one James Madison wrote that The accumulation of all powers legislative executive and judiciary in the same hands whether of one a few or many and whether hereditary self appointed or elective may justly be pronounced the very definition of tyranny THE FEDERALIST NO 47 at 301 James Madison The seminal American case in this area and one on which the government appears to rely is that of Youngstown Sheet Tube Co v Sawyer 343 U S 579 1952 in which Justice Black for the court held that the Presidential order in question to seize steel mills was not within the constitutional powers of the chief executive Justice Black wrote that The founders of this Nation entrusted the law making power to the Congress alone in both good and bad times It would do no good to recall

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  • Alice's Adventures in Wonderland (1866) - Wikisource, the free online library
    one poor voice avail Against three tongues together Imperious Prima flashes forth Her edict to begin it In gentler tone Secunda hopes There will be nonsense in it While Tertia interrupts the tale Not more than once a minute Anon to sudden silence won In fancy they pursue The dream child moving through a land Of wonders wild and new In friendly chat with bird or beast And half believe it true And ever as the story drained The wells of fancy dry And faintly strove that weary one To put the subject by The rest next time It is next time The happy voices cry Thus grew the tale of Wonderland Thus slowly one by one Its quaint events were hammered out And now the tale is done And home we steer a merry crew Beneath the setting sun Alice a childish story take And with a gentle hand Lay it where Childhood s dreams are twined In Memory s mystic band Like pilgrim s wither d wreath of flowers Pluck d in a far off land CONTENTS CHAPTER PAGE I DOWN THE RABBIT HOLE 1 II THE POOL OF TEARS 15 III A CAUCUS RACE AND A LONG TALE 29 IV THE RABBIT SENDS IN A LITTLE BILL 41 V ADVICE FROM A CATERPILLAR 59 VI PIG AND PEPPER 67 VII A MAD TEA PARTY 95 VIII THE QUEEN S CROQUET GROUND 112 IX THE MOCK TURTLE S STORY 130 X THE LOBSTER QUADRILLE 147 XI WHO STOLE THE TARTS 162 XII ALICE S EVIDENCE 176 This work was published before January 1 1923 and is in the public domain worldwide because the author died at least 100 years ago Public domain Public domain false false Retrieved from https en wikisource org w index php title Alice 27s

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  • Amazing Stories/Volume 01/Number 01 - Wikisource, the free online library
    to this journal should be addressed to Editor AMAZING STORIES 53 Park Place New York N Y Unaccepted contributions cannot be returned unless full postage has been included ALL accepted contributions are paid for on publication AMAZING STORIES Monthly Application for second class matter at the Post Office at New York N Y pending Title Registered U S Patent Office Copyright 1925 by E P Co Inc New York The text and illustrations of this magazine are copyrighted and must not be reproduced without giving full credit to the publication AMAZING STORIES is for sale at all newstands in the United States and Canada European Agents S J Wise Et Cle 40 Place Verte Antwerp Belgium Printed in the U S A New England Advertising Representative T F Magrane Park Square Bldg Boston Mass Western Advertising Representatives Finucan McClure 720 Cass Chicago Ill Pacific Coast Advertising Representatives A J Norris Hill Co Hearst Bldg San Francisco Cal Kansas City Advertising Representatives Davies Dillon 15 W 10th St Kansas City Mo page Volume 1 April 1926 No 1 THE MAGAZINE OF SCIENTIFICTION HUGO GERNSBACK F R S Editor DR T O CONOR SLOANE M A Ph D Managing Editor Editorial and General Offices 53 Park Place New York N Y Extravagant Fiction Today Cold Fact Tomorrow A NEW SORT OF MAGAZINE By HUGO GERNSBACK F R S nother fiction magazine At first thought it does seem impossible that there could be room for another fiction magazine in this country The reader may well wonder Aren t there enough already with the several hundreds now being published True But this is not another fiction magazine Amazing Stories is a new kind of fiction magazine It is entirely new entirely different something that has never been done before in this country Therefore Amazing Stories deserves your attention and interest There is the usual fiction magazine the love story and the sex appeal type of magazine the adventure type and so on but a magazine of Scientifiction is a pioneer in its field in America By scientifiction I mean the Jules Verne H G Wells and Edgar Allan Poe type of story a charming romance intermingled with scientific fact and prophetic vision For many years stories of this nature were published in the sister magazines of Amazing Stories Science Invention and Radio News But with the ever increasing demands on us for this sort of story and more of it there was only one thing to do publish a magazine in which the scientific fiction type of story will hold forth exclusively Toward that end we have laid elaborate plans sparing neither time nor money Edgar Allan Poe may well be called the father of scientifiction It was he who really originated the romance cleverly weaving into and around the story a scientific thread Jules Verne with his amazing romances also cleverly interwoven with a scientific thread came next A little later came H G Wells whose scientifiction stories like those of his forerunners have become famous and immortal It must be remembered that we live in an entirely new world Two hundred years ago stories of this kind were not possible Science through its various branches of mechanics electricity astronomy etc enters so intimately into all our lives today and we are so much immersed in this science that we have become rather prone to take new inventions and discoveries for granted Our entire mode of living has changed with the present progress and it is little wonder therefore that many fantastic situations impossible 100 years ago are brought about today It is in these situations that the new romancers find their great inspiration Not only do these amazing tales make tremendously interesting reading they are also always instructive They supply knowledge that we might not otherwise obtain and they supply it in a very palatable form For the best of these modern writers of scientifiction have the knack of imparting knowledge and even inspiration without once making us aware that we are being taught And not only that Poe Verne Wells Bellamy and many others have proved themselves real prophets Prophesies made in many of their most amazing stories are being realized and have been realized Take the fantastic submarine of Jules Verne s most famous story Twenty Thousand Leagues Under the Sea for instance He predicted the present day submarine almost down to the last bolt New inventions pictured for us in the scientifiction of today are not at all impossible of realization tomorrow Many great science stories destined to be of an historical interest are still to be written and Amazing Stories magazine will be the medium through which such stories will come to you Posterity will point to them as having blazed a new trail not only in literature and fiction but in progress as well We who are publishing Amazing Stories realize the great responsibility of this undertaking and will spare no energy in presenting to you each month the very best of this sort of literature there is to offer Exclusive arrangements have already been made with the copyright holders of the entire voluminous works of ALL of Jules Verne s immortal stories Many of these stories are not known to the general American public yet For the first time they will be within easy reach of every reader through Amazing Stories A number of German French and English stories of this kind by the best writers in their respective countries have already been contracted for and we hope very shortly to be able to enlarge the magazine and in that way present always more material to our readers How good this magazine will be in the future is up to you Read Amazing Stories get your friends to read it and then write us what you think of it We will welcome constructive criticism for only in this way will we know how to satisfy you page DR HACKENSAWS SECRETS T HOSE who read the famous

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  • Anthem for Doomed Youth (Stallworthy edition) - Wikisource, the free online library
    men s handwriting still exists and may be found at the Wilfred Owen Manuscript Archive online Sorry your browser either has JavaScript disabled or does not have any supported player You can download the clip or download a player to play the clip in your browser Wikipedia excerpt help file info or download Sorry your browser either has JavaScript disabled or does not have any supported player You can download the clip or download a player to play the clip in your browser Listen to this text help file info or download 773049 Anthem for Doomed Youth Wilfred Owen 1917 An original draft What passing bells for these who die as cattle Only the monstrous anger of the guns Only the stuttering rifles rapid rattle Can patter out their hasty orisons No mockeries now for them no prayers nor bells Nor any voice of mourning save the choirs The shrill demented choirs of wailing shells And bugles calling for them from sad shires What candles may be held to speed them all Not in the hands of boys but in their eyes Shall shine the holy glimmers of goodbyes The pallor of girls brows shall be their pall Their flowers the tenderness of patient minds And each slow dusk a drawing down of blinds This work is in the public domain in the United States because it was published before January 1 1923 The author died in 1918 so this work is also in the public domain in countries and areas where the copyright term is the author s life plus 80 years or less This work may also be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works Public domain Public domain false false

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