discussion board 9.2

When I think about the Establishment Clause I understand it as the part of the First Amendment that stops the government from getting involved in religion or favoring one religion over another. It’s what keeps church and state separate. The “Lemon Test,” from the Lemon v. Kurtzman case, helps figure out if something the government does goes against that rule. Basically a law or policy has to have a non-religious purpose can’t promote or limit religion and can’t cause too much government involvement with religion. If it fails any of those points it’s probably unconstitutional.

As for burning the U.S. flag even though a lot of people find it disrespectful it’s actually protected under the First Amendment. The Supreme Court case Texas v. Johnson (1989) made that clear. The Court said that burning the flag is a form of symbolic speech which means it’s a way of expressing an opinion or message. So even if people don’t like it it’s still considered free speech.

When someone says “I’m taking the Fifth,” they’re talking about the Fifth Amendment, which gives people the right to stay silent so they don’t say something that could be used against them in court. It’s basically a legal protection that allows a person to avoid self-incrimination.

discussion

What’s new about the war on terror?

According to P. Williams, the war on terror is different from traditional wars because:

  • The enemy is not a specific country—terrorist groups are often decentralized and can operate across borders.

  • The battlefield is everywhere—attacks can happen anywhere, not just on defined battlefields.

  • The methods are different it involves intelligence gathering, surveillance, and preemptive strikes rather than conventional armies clashing.

  • The legal and moral rules are blurred there’s debate over how laws of war apply to non-state actors like terrorists.

2. Roving Wiretaps and the Bill of Rights

Roving wiretaps, allowed under the Patriot Act, let the government monitor any communication device a suspect might use, without specifying the device in advance. This can seem to violate:

  • Fourth Amendment – protects against unreasonable searches and seizures. Roving wiretaps may allow surveillance without a specific warrant.

  • First Amendment – because surveillance could chill free speech if people feel they are being constantly monitored.

The concern is that it gives government agencies broad authority to spy without the usual checks and balances.

3. “Sneak and Peek” Warrants

These warrants allow law enforcement to enter a person’s home or business without immediately notifying them. This can seem to violate:

  • Fourth Amendment – because it delays the usual notification required for a search, reducing transparency and oversight.

  • People worry this could be abused if authorities repeatedly enter homes without consent or knowledge.

Discussion board 9.2

  1. P. Williams says that the War on Terror is new because it doesn’t resemble traditional wars. it’s a different type of war since it isn’t fought between countries. there were distinct enemies, armies, and battlefields. As Williams pointed out, it’s “a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid,” which is what makes it new.
  2. The Roving Wiretaps in the Patriot Act appear to go against the Fourth Amendment (which protects individuals from unreasonable searches) since it allows the government to monitor any phone call, email, or other forms of communication that a suspected terrorist could use, without needing to obtain a new court order each time.
  3. I believe that the sneak and peek warrants also go against the fourth amendment since the FBI can search someone’s home or business without promptly informing the person being investigated.

Understanding Amendments

Ariel Durham

  1. I think the “War on Terror” has become more of a blanket phrase because we are fighting the unseen and what each individual believes is terrorism. The phrase is now used for immigration, war, and many other things. When we think of war, we think of battlefield World War I, things of that nature. Now we use surveillance and new technology like drones.

2. Roving wiretaps violates the Fourth Amendment, Which protects people from unreasonable searches and seizures on any phone or device. Working at TSA prior we were covered by the fourth amendment to perform our job function. People feel these are personally invasive.

3. Sneak and Peek warrants let investigators enter homes or businesses without giving them information right away. I believe it can be a problem under the Fourth Amendment, which again protects us from unreasonable searches.

Eltoinette Warren

1. I think Williams argues that the War on Terror is new because it’s not against a traditional country; it’s against decentralized networks. The biggest difference is that the conflict became domestic, not just foreign. This is why the Patriot Act came out: it was an emergency legal tool to switch our focus to preemption, meaning we needed broad power to gather intelligence inside the U.S. to stop hidden plots before they happened. The government essentially blurred the line between police work and spying.

2. I believe Roving Wiretaps violate the Fourth Amendment because they break the rule of particularity. A warrant is supposed to name a specific place or device. These wiretaps target a person, letting the government tap any phone or device they use without getting a new warrant each time. I think that’s too broad and easily scoops up innocent people’s communications.

3. “Sneak and Peek” Warrants
I think “Sneak and Peek” warrants definitely violate the Fourth Amendment because they deny my right to notice. This Patriot Act provision lets police secretly enter a home or office, search it, and not tell the owner until much later. The problem is, without immediate notice, I can’t properly challenge the legality of the search, and even worse, I can’t confirm what the police found or if the evidence was even there before the search. It creates a major opening where a person could argue the evidence was planted, which seriously undermines the fairness of the legal process

discussion post 9.2

  1. The war on terror, as described by P. Williams, is not like the wars of the past. Traditional wars typically involved two states facing off, with declared armies, battlefields, and clear fronts. In the essay, Williams observes that the war on terror is carried out in many places physically, but also in the realm of intelligence, surveillance, media, and civilian life. Because the war on terror operates under these new parameters, it raises unique concerns: erosion of civil liberties, permanent states of emergency, continual expansion of executive power, and a permanent “warlike” mindset. Williams warns of how such a war can change us, not just the enemy.
  2. “Roving wiretaps” possibly violates The Forth Amendment which protects people against “unreasonable searches and seizures” and requires that warrants be specific in naming the place to be searched and the persons or things to be seized. “Roving wiretaps” often don’t specify which devices or accounts will be monitored, violating the requirement for particularity and they allow surveillance on anyone a suspect contacts, even if that person has no involvement in a crime. whats even more worrying is that, the secrecy of these wiretaps means that we, the people, may never know that we were monitored.
  3. “Sneak and Peak” warrants raise the same concerns as well. The Fourth Amendment requires that searches be reasonable, supported by probable cause, and it also assumes that citizens are informed when their property is searched, so they can challenge it if it’s unlawful. “Sneak and Peak” warrants however delays the notice requirement, meaning you might not even know your home was searched until long after it happened. It allows for secret government intrusion, removing your ability to challenge an unlawful search in real time and the delay can extend to a unreasonable amount of time, undermining the basic idea of transparency and accountability.

Discussion Board 9.2

P. Williams writes in her essay, that the war on terror is a new type of a war. What’s new about it, how is it different from traditional wars?

Patricia J. Williams calls the war on terror a new conflict in her 2002 lecture. You note its uniqueness in moral framing and legal shifts. It differs from traditional wars by labeling enemies as pure evil, unlike state armies with rules. Williams says it demands “rooting out the Evil-doers among us.” You see this turns it into a domestic purge. It skips due process for symbolic justice, unlike conventional wars with Geneva rules. Williams notes it subordinates justice to “casting-out-of-demons.” You recognize this allows detention and torture. It invades daily life, unlike wars on fronts. Williams ties it to urban fears of “personal choice to side with darkness.”

In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?

Roving wiretaps under the Patriot Act track multiple devices without specifics. You spot violations. It breaks the Fourth Amendment, requiring precise warrants. The ACLU calls it a “violation of the Fourth Amendment’s explicit requirement that warrants be written ‘particularly describing the place to be searched.'” You see this risks innocent data. It indirectly hits the First Amendment by chilling speech through surveillance. You note self-censorship follows.

What about “Sneek and Peek” Warrants?

Sneak and peek warrants allow secret searches with delayed notice. You identify issues.

It violates the Fourth Amendment, needing prompt notice. The ACLU says, “The notice requirement enables the person whose property is to be searched to assert her Fourth Amendment rights.” You see this enables unchecked entry.

Discussion Board 9.2

Israt Kaniz Nipa

1. P. Williams writes that the “war on terror” is a new type of war. What’s new about it, and how is it different from traditional wars?
I think the “war on terror” is different because it’s not like the old wars where two countries fight on a battlefield. This kind of war doesn’t really have clear enemies or borders. It’s more about fighting ideas, hidden networks, and people who could be anywhere. What’s new about it is how much it relies on technology, intelligence, and constant surveillance instead of face-to-face combat. It feels like a war that never really ends since the goal isn’t just to win territory but to prevent attacks before they happen.


2. In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?
The “Roving Wiretaps” part of the Patriot Act seems to go against the Fourth Amendment, which protects us from unreasonable searches. Normally, the government needs a specific warrant for each device or location. But roving wiretaps let them follow someone across phones or computers without getting new approval every time. That kind of power can make people feel like they’re being watched even if they haven’t done anything wrong. It’s understandable for national security, but it also raises big questions about privacy.


3. What about “Sneak and Peek” Warrants?
“Sneak and Peek” warrants also connect to privacy concerns. They let officers enter a person’s home and search through their things without telling them right away. The idea is to avoid tipping off suspects, but it still feels invasive. It kind of crosses the line of what the Fourth Amendment is supposed to protect. Even if it helps catch criminals, it makes people worry about how much control the government has over personal space.

Hein Aung Zaw – Discussion Board 9.2

  1. The War on Terror
    P. Williams explains that the War on Terror is a new kind of war because it is not between nations or regular armies. Instead, it is fought against terrorist groups that don’t belong to one country. This makes it very different from traditional wars — there are no clear battlefields or official declarations of war. The enemy can be anywhere, even inside the United States. That’s why this war focuses more on intelligence, security, and surveillance instead of soldiers fighting face to face.
  2. “Roving Wiretaps” and the Bill of Rights
    The Patriot Act allows “roving wiretaps,” which means the government can monitor someone’s phone calls or messages without naming a specific device. This can follow a person across different phones or computers. It seems to violate the Fourth Amendment, which protects people from unreasonable searches and seizures. The Fourth Amendment says warrants must be specific about who or what is being searched. Roving wiretaps can be too broad and may invade people’s privacy without enough proof or limits.
  3. “Sneak and Peek” Warrants
    “Sneak and Peek” warrants allow law enforcement officers to enter and search someone’s property without immediately telling them. The notice is delayed, which makes it different from regular warrants. This also seems to go against the Fourth Amendment because people have the right to know when and why their property is being searched. Delaying the notice can take away their chance to defend their rights in time.

Ei Ei Moe – Discussion Board 9.2

  1. The War on Terror
    P. Williams describes the war on terror as a new kind of war because it’s not fought between countries with regular armies. Instead, it’s a fight against terrorist groups that don’t represent any nation. This type of war has no official beginning or end, and the enemy can be anywhere, even inside the U.S. It’s more about intelligence, security, and surveillance than about soldiers fighting on a battlefield.
  2. “Roving Wiretaps” and the Bill of Rights
    The “Roving Wiretaps” in the Patriot Act allow the government to monitor a person’s phone calls or messages without naming a specific phone or computer. This seems to go against the Fourth Amendment, which protects people from unreasonable searches and seizures. The Fourth Amendment requires that warrants be specific, but roving wiretaps are very broad and can invade people’s privacy without enough clear proof or limits.
  3. “Sneak and Peek” Warrants
    “Sneak and Peek” warrants let law enforcement enter someone’s home or property, search it, and delay telling the person about it. Normally, people are told right away when a search happens, but this type of warrant keeps it secret for a while. This also seems to violate the Fourth Amendment, because people have the right to know when and why their property is searched. Not knowing takes away their chance to challenge it or protect their rights in time.