October 6, 2011
4:30 p.m.-6:00 p.m.
Santa Monica

Public Policy

Perhaps the greatest casualty of the "War on Terror" has been the U.S. Constitution, as long-cherished civil liberties have been tossed aside in the name of national security. That's the premise of "Taking Liberties," a new book by ACLU president Susan Herman.

Herman maintains that a decade after 9/11, it's far from clear that the government's hastily adopted antiterrorist tactics (such as the Patriot Act) are keeping us safe. But there's no denying that these emergency measures have ruined the lives of many ordinary Americans who have been caught up in the government's dragnet, often by mistake.

Activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports even though they're rife with errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions and Internet service providers without ever going to court. Government databanks brim with information about every aspect of our private lives.

But not everyone agrees about the dangers posed by the post-9/11 surveillance regime. Many would argue that the realities of keeping terrorists at bay trump individual liberties.

Are the bedrock principles of American democracy being eroded? Join us as "Taking Liberties" author Susan Herman squares off with legal scholar John Eastman in a lively debate. This event will be moderated by the Milken Institute's senior managing director and COO, Paul Irving (former co-chairman, chief executive and managing partner at the national law firm of Manatt, Phelps & Phillips).

Susan N. Herman became president of the American Civil Liberties Union in 2008 after serving on its national board for 20 years. A constitutional scholar and chaired professor at Brooklyn Law School, she is the co-editor of "Terrorism, Government and Law" and author of "The Right to a Speedy and Public Trial." She writes extensively on constitutional and criminal procedure topics, and has participated in Supreme Court litigation. Herman received a J.D. from New York University School of Law.

Dr. John C. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University School of Law, where he served as dean from 2007 to 2010, when he stepped down to pursue a bid to become California's attorney general. He is the founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute. Prior to joining the Chapman Law faculty, he served as a law clerk with Justice Clarence Thomas at the U.S. Supreme Court and with Judge J. Michael Luttig at the U.S. Fourth Circuit Court of Appeals. After his clerkships, Eastman practiced with the national law firm of Kirkland & Ellis, specializing in major civil and constitutional litigation at both the trial and appellate levels. He earned his J.D. from the University of Chicago Law School, and also has a Ph.D. and M.A. in government from the Claremont Graduate School.

Tweet