From foreign and domestic sources, those threats are real. They have been a real threat u. S. History. I think they can come from across the political spectrum. But for over a century, in addition to taking action against real threats to the lives of american citizens, bureaus and agencies within the United States government have surveilled those who have expressed what is described as Strong Political views that run counter to the prevailing government political paradigm. Will this challenge is the notion often expressed, by those who support a surveillance state of some sort, that if you have nothing to hide, you have nothing to fear. And i want to come back to that later on in our discussion. Maybe you would hear to that you, maybe you are on the fence about it, maybe you firmly reject it. That is fine, we will have an opportunity to discuss that later. But the history of abuses in domestic surveillance, in this country, necessitates that discussion. Because the same tools that can be used to protect citizens and democratic society, against legitimate threats, can also be turned against those same citizens for less noble and even the various region reasons. We want to look back at the history of surveillance of the United States, you would go back probably about a century to 1908. Teddy roosevelt attorney general creates a special squad of investigators to work on behalf of the department of justice. It becomes known as the bureau of investigation and by the 1930s, the federal bureau of investigation, the fbi. The fbis own history, if you go on their website, they have a long narrative description of their history and they link the creation of an fbi to the Progressive Movement. That is really active at that period of time at the turn of the century. The Progressive Movement is the belief that undergirds it is that the federal government must intervene to Foster Justice in an industrial society. Its response to the sort of labor unrest that we have talked about in previous classes, and everything that goes along with it, and that inspired that terrible kind of working conditions and so forth. So the Progressive Movement inspires things like for example, the fda, to ensure that the food youre getting has labels of what you are eating and what youre eating exactly what you think youre eating. It will eventually lead to the things like child liberalize, but it will also create a nationwide Law Enforcement body that is able to keep tabs on criminals throughout the country that did not exist prior to this period in time. The fbis history explains again this creation based on the need for a professional Law Enforcement agency in the face of labor conflict, a rise in Violent Crimes and corruption, both in politics and big business, all of that accompanying organization and industrialization at the turn of the century. As well as National Security concerns, particularly regarding anarchism. The fbi on its own description described it as the first modernday terrorists. As well as threats of war times. Subversion and espionage, which we talked about the other week when we talked about free speech. In 1909, the fbi makes its first efforts to infiltrate political organizations, beginning with the socialist party of america, by the mid 19 tense, they are investigating anti militarists, the anti enlistment groups. And over the years the fbi will spy on a variety of american organizations including the American Civil Liberties union, the evangelical American Council of churches. The American Jewish congress, the nationwide labor federation, the aflcio, the National Association for the advancement of colored people, the Ethical Society of philadelphia, the new orleans women center, the American Friends Service committee, the quaker social justice organization, the womens peace movement, led by jim adams, pro labor anti war focusing seniors like pete seger, its that era, its that era. Sometimes people and organizations or investigative decades. These are not violent revolutionary threats. But rather political dissidents who oppose a certain aspects of u. S. Government policy, and perhaps even the particular form of government we have, they do so through specific pacific means, specifically protected under the constitutional though as we noted on our class on free speech, not so much at the turn of the century, when anarchist and leftist thought is strictly policed. Political spying will begin right around 1908, 19 or nine, and will run until about 1924 and it will stop for about a decade. In the impetus to stop it is the first red scare. Immediately after the First World War comes to an end in november of 1918, the following year, 1919, a number of actions will raise a lot of concerns about government surveillance. The seattle general strike, in early 1919, shuts down that city. Tens of thousands of workers go on strike across industries. In the spring of 1919, a bomb plot is broken up and then there is a wave of bombings in the summer, anarchist bombings, targeting prominent people including the attorney general, alexander palmer. His house is down on our, before you get to the main circle before our hits massachusetts, ive been driving by his house for years and super weird. The Bureau Investigation creates the bureau of radical division, to deal with this resurgence of anarchy zoom. It cited by a young agent named jay edgar hoover, it compels files on roughly 200,000 individuals. The bureau than uses those files to round up severals thousands of suspected radicals in a series of raids in 1919 and 1920, that occurred at least in 40 cities across the United States. Some of the people who were rounded up our wellknown prominent radicals, the anarchist emma goldman, who was a russian immigrants to the United States. Other people arrested simply because they appeared foreign. Or they were members of a labor union, so forth. Many of those arrested were held in committee cato for months. No access to lawyers, no access to their families and 249 resident aliens or put on a boat and deported to russia at the end of 1919, because of their alleged anarchist and syndicate list beliefs. There is a tremendous political backlash against this, in particular because a lot of these people who are rounded up, they are not engaged in radical violent behavior, they instead our political dissidents, maybe they hold very radical views, but nonetheless, they have not engage in anything and some of them are simply immigrants immigrants from russia immigrant from southern and eastern europe. So the political backlash against this brings the fbis political spying to a temporary halt, this is made especially palatable to those who are in power and may have been inclined to support this kind of roundup at first. In part because of new immigration quotas that are put in place in 1924, these quotas restrict immigrants from southern and central europe. They totally shut down immigration from east asia, which we will talk about next week in the context of talking about japanese american internment. In 1929, it sees the end of a tenyear long intelligence gathering program. It is run by the organization known as the black chamber, could they have picked more nefarious name . This is made up of people from the state department and Army Intelligence essentially for ten years, starting a 1919 and rain to 1929. U. S. Telegraph Companies LikeWestern Union had provided the black chamber with incoming and outgoing cable traffic. This was shut down by president hoovers incoming secretary of state, henry stimson. Simpson specifically oppose the spying on the u. S. Diplomatic allies, not necessarily spying in general, but spying on the u. S. Diplomatic allies. Seeing very famously, gentlemen dont reach others male. There is also Supreme Court case at the end of the 20s that deals with wiretapping, weighing whether or not tapping into someones phone conversation, you have to imagine this is early on in this period, where their phones, does that violate the Fourth Amendment . Heres what the Fourth Amendment says, the rights of the 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. William howard taft, formerly president of the United States then joins the Supreme Court, he speaks for the courts decision to basically rule against the notion that wiretapping pilots a fourth main amendment, it proves this, that approval will last for roughly 40 years. Heres what he says, this is in favor of ruling in favor of wiretaps, claiming they dont violate the Fourth Amendment. Congress may of course protect the secrecy of telephone messages by making them when intercepted, in admissible in evidence in federal criminal trials by directly tessellation. If Congress Wants to rule on this, they can. And thus depart from the common law of evidence. But the courts may not adopt such a policy by attributing an enlarged and unusual meaning to the Fourth Amendment. The reasonable view is that one who installs in his house a telephone instrument, with connecting wires, intends to project his voice to those quite outside, and at the wires beyond his house and messages passing over them, are not within the protection of the Fourth Amendment. Those who intercepted the projected voices were not in the house of either party to the conversation, neither the cases we have cited or any of the many federal decisions brought our attention, holds the Fourth Amendment to have been violated as against a defendant, unless there has been an official search and seizure of his person or such a seizure of his papers and tangible but the real effects, or actual physical invasion of his house for the purpose of making a seizure. A standard which would forbid the reception of evidence if it came by other than nice, ethical conduct by government officials, would make society suffer and give criminals greater immunity than has been known here to four. What he is saying here is that if you are using a telephone telephone machine, it is connected to wires that go outside the house to speak to some outside of your home, and thus, someone tapping into your wires is not actually going in your house and searching your belongings. That is outside your home, and thus does not fall under the auspices of the Fourth Amendment. This is how the court rules in 1928. I want to hit again on this last thing that he says, ill say it again, a standard which would forbid the reception of evidence, if obtained by other than nice ethical conduct by government officials would make society suffer and give criminals greater immunity than has been known the heretoforth. Brand ty brandeis set the scene for his dissent, when he dissented and he said regarding tariffs last comments, which are essentially saying that the ends justify the means, but heres what brandeis says. Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizens. In a government of laws, existence of the government would be imperiled if it fails to observe the law scrupulously. Lets try that again, in a government of laws, existence of the government would be imperiled if it feels to observe the law scrupulously. Our government is the potent, the omnipresent teacher for good or for ill. It teaches the whole people bites example, crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law. It invites every man to become a law unto himself. It invites anarchy. To declare that in the administration of the criminal law, the end justifies the means, to declare that the government may commit crimes in order to secure the conviction of criminal, would bring terrible retribution. Against this pernicious doctrine, this court should resolutely says face. For political spying ends from roughly the early twenties until 1936, when Franklin Roosevelt requests that it be resumed. What we will see very clearly here, is that government surveillance, again, it does not necessarily target to one particular group. Though historically its targets have been on the left, not always. Nor is it simply the provisions of just one Political Party or ideology. Franklin roosevelt, the great liberal democrat, requests that political spying be renegotiated in 1936, we will be led by our men appear to hoover, appointed head of the bureau of investigation at the in 1924 the 29. Younger than i am. Hoover put together a list that it helped round up of a fast swath of people in the red scared, but he escaped the political fallout. The blade came down the heads of a few people higher up than him. The bureau rebounded within that decade. It hoover had really try to emphasize the bureaus role as a Crime Fighting organization. Particularly in the 1930s, when, during the depression, you have some famous criminals that arise, people like john dillinger, that the fbi put a lot of work into capturing. Hoover emphasizes this, knows how to work the media in his favor. The bureaus reputation rebounds, fdr was concerned about soviet spies and concerned about fascists. This is the mid 19 thirties, fascism is on the rise in europe. There are several u. S. Based groups that emerged after hitlers rise to power, and mussolinis rise to power. Large enough to the American Nazi Party can hold a rally in Madison Square garden. Immediately after at all philly adolf hitler invades poland, the fbi investigates espionage, treason, espionage says. Hoover asked to the list a list of activities. It is unclear how much Franklin Roosevelt, how much the 20 general, people high up in the government, knew about the extent of what hoover would do. There is no record about that particular meeting and what exactly was said in it. And roosevelt has bigger fish to fry, in some sense. Not knowing what is going down the road, he has got an economic depression that continues to blend along. He will ultimately have the war to deal with, even prior to the United States entry, that is a looming specter of the war in europe. But, there is no sense that fdr opposed hoovers intel work either. Hoover renews this. His renewal of investigative activities is authorized outside the courts, he discourages roosevelts administration from going to congress to get legislative approval because he sure he wont get it. Congress had actually been very suspicious of the Bureau Investigation even being created in the first place, concerned about creating a secret state police force. Hoover warns fdr that haters will twist the truth. And so fdr proves political spying, the resumption of political spying without congressional approval. Fdr supports hoovers suggestion which ultimately does not have come to pass, to have every person america fingerprinted, that was the Newest Technology at the moment. When the aclu complains in 1836, about surveillance of pacifist groups, groups that dont want to go to war in europe, who are trying to ensure that the United States will not become involved in anything that is about to happen over there, ive got responds in writing that he sees nothing wrong with investigating groups that spread quote, false information and engage in quote false teachings. Worth noting, his house had been bombed in 1919. That certainly may have colored his views of political dissidence. Moreover, fdr has hoover look into political opponents as well. In particular, he has the fbi investigate several senators and several prominent public figures, including charles lindbergh, all of whom oppose any intervention in europe. Hoover learns from this experience that he can curry for favor and gain leverage by digging into any president s enemies or perceived enemies. For example, he never blackmails the kennedy brothers, but he does give Robert Kennedy attorney general of his brothers presidency, monthly updates of everybody knows, accusations against him in his family members. On the one hand perhaps this is abel knowledge that you can use however he sees fit. But he also ensures the kennedys know that hoover knows everything. Knows everything that everybody is doing. The committees have the inclination to suddenly shut down what they might be doing, they will know in the back of their mind that hoover has tabs on anything that they have been doing. The restoration of spying also takes place in the context of the emerging National Security state, when we are familiar with today. When the Second World War ends, the cold war begins shortly thereafter. The house on american activities committee, which investigates suspected subversives and the federal governments massive loyalty program, designed to snuff out anybody that might have dissenting political views. They all rely on fbi reports. In 1956, the fbi goes on the offensive. With the creation of coal intel pro, seep usa. A Counter Intelligence program, specifically designed to target the communist party of the United States of america. It is specifically counterintelligence rather than prosecutorial. They are not trying to dig up evidence to go before a court but instead it is a Counter Intelligence operation to destroy political enemies of the government. For a couple reasons, one, Legal Proceedings against communist Party Leaders have been very successful in sending a number of them to prison. The laws are very favorable for doing that in this period of time. But it had also exposed fbi informants, they had to go before a judge, reveal that information and so wellplaced informants within reveals as part of the court hearings. Hoover was knocking on that. And in 1956, 57, the court begins to roll back the legal measures that were available to attack political dissidence. Laws have been put in place in late thirties in early forties. That had given kind of free range around of anybody who is a member of a group that might espouse to overthrow the United States government, which in Court Rulings was interpreted pretty loosely. It was used to put top leaders of the communist party of the United States in jail. Top leaders who, by the way, were operating for a Foreign Party seep usa, its top leaders were controlled from moscow. This sort of rollback and legal power, this threat of exposing more informants, east of the creation of his counterintelligence program. Hoovers memo creating cointel pro influence of the masses, information leading to confusion and disunity, penetration in specific channels of American Life, or Public Opinion is molded, and espionage and sabotage potential. Of those, the last two or legal, espionage and sabotage, but influence of the masses, ability to create controversy, penetration of specific channels of American Life where Public Opinion is molded, you may find the ideas of the communist party to be reprehensible, nonetheless, those are not specifically illegal thinks. The objective here is to destroy the communist party for the political activities. Cointel pro is successful in doing that and it effectively destroys what remains of the communist party from 1956 to 71 there are 1388 different cointel pro actions against the communist party in its membership roughly around 80,000 at the end of the Second World War drops to maybe 1000 active members in the sixties. A large part of that is due to the legal measures that are used against the party. They also took a huge hit when in 1956 khrushchev comes to power in the soviet union and reveals that in fact, all of the rumors about stalins behavior are totally true. He was a tyrannical monster who murdered millions, who conducted throats show trials of his political enemies and people he thought might be his political enemies. That has a huge effect on turning people away from the communist party. Nonetheless, hoovers obsession with the party keeps this going long past the point where cpp usa is relevant, there is some substantial dissent among the fbi in the sixties because who will not look this go even though the party is well past the point where it poses any remotely conceivable threats to the United States. Tactics for attacking cpusa include smear attacks to the media, planting evidence to to suggest Party Leaders are formats. Planting evidence and hoping that somebody else comes along and sees it and believes that their coleaders are actually an fbi for meant, greeting a fake communist Party Organization to attack the party for remarks this left in to further internal disputes. Communists ask are you a marxist marxist or a trotskyite, they create those organizations to foster that kind of descent. My personal favorite of these, operation hoodwink, the sense false documents to provoke a fight between the communist party and this is silly montoya. The fbi is well aware of how how cosa nostra deals with threats. Here is their suggestion how to deal with this. This is an agent requesting to prepare the following letter, xerox copies would be sent to Teamster Union locals to the philadelphia pennsylvania area. The first an honest letter, heres the letter, do union boss, i am the loyal union men who wrote around to the end of january. I have more news for you. You will remember that i told you then that i had heard from my comedy brotherinlaw, that the leaders of his party had been in moscow, and among the instructions they came back with which to try and get rid of the hoodlums and dock unions in this country. I was talking to my brother in law a few nights ago, and he asked me how things were going, i said okay. He told me he knew that there were a lot of gangsters in my union, but he told me that things would be changing for the best, shortly. He told me that in february, some of the leaders of his party were in hungary, Meeting Party people from other countries and it came up again, about how his party is going to clean up the gangster unions in the United States. I told him he was all wet. But i didnt use those words. Im afraid these companies mean business so watch out, thanks for the free use of a copy machine i can get the word around about this. In other words, heres an anonymous figure the fbi is going to send suggesting that the communist international will be targeting sicilian off you which is. Heres what the fbi says internally, with respect to the above letter, it is in fact a few leaders of the communist party of the usa were in hot were hungry in march of 1968 two attention in international consultative meeting of communist Workers Party in that account for their scope schedules, it appears newspaper articles. Two of these three leaders have since returned to the United States. However, the information in the letter and in hungary, it came up again about how this party is going to clean up the gangsters, it has no basis in fact. A few typing errors will also be inserted into this letter. Show the bureau prove this letter for anonymous mailing it will be touch and commercial stationary, updated in xerox copies of this letter, mailed, blah, blah. This is all a plot to create dissent. The fbi knows that what the sicilian off yet does when the efforts to provoke the mafia to retaliate violently against members of the cpusa. Theres no evidence that this actually works. Its not the lack of trying. Cointelpro, what cpusa is also used to attack not communist Party Political opponents. For example, unitarian minister, and members of his congregation, they circulated a petition against the house on american activities committee. The City Council Campaign of a lawyer who defended people prosecuted under the smith act, leaders of the communist party, and that lawyer ran for city council in the fbi attempts to smear him to sink his political campaign. This is not surveillance of violent threats. This is something different. The fbi will also then target the Civil Rights Movement for African American rights, in the years leading up to a formal cohen cointelpro, which is cointelpro black Liberation Movement began in 1967. The fbi began investigating the naacp for communist links, as early as 1941. It finds nothing, it nonetheless attempts to get the naacp onto a list of subversive organizations in the fifties. Martin luther king jr. , in the southern christian leadership conference, was investigated for communist party links beginning in the late 19 fifties. Here the things that prompted that. Martin luther king, junior gave a speech a highland folk school, a social justice Leadership Training School accused of being a communist training center. Heres a billboard that flirted around the south. Martin luther king at a communist train school, there he is. Its not a communist train school. But this billboard accusation is rooted in an accurate history of the communist party, supporting civil rights wreck African Americans. They did it in the partys interest inside is a great wedge issue. But this is the hyping on this fear that will be spread by many segregationists, but the Civil Rights Movement is in fact a communist front, being orchestrated to create unrest in the United States by moscow. Martin luther king, junior, sent us thank you letter to ex City Council Member who happen to be a member of the communist party, to thank him for joining blood after he was stabbed. Hoover quietly tells congressman, senators and the kennedys that there is a communist party member taking orders from moscow, he left the party 19 fifties. All info on his membership that can be used to make his allegation is over five years old. Your intelligence, you know that information this over five years old is probably not very useful. It comes from two informants, the fbi had attempted to recruit levinsohn. How much of a threat to this person be if the fbi thought they could turn him . More important there is no evidence that although the communist party of the United States is influencing levinsohn working, but hoover insists for years that king a secret economist for years. Shortly after the march on washington, with Martin Luther king juniors i have a dream speech. We must mark king now if we had not before, as the most dangerous need grow in the future of this nation, from the standpoint of communism, from this perspective it may be unrealistic to restrict or actions illegal is to proof that will stand up in court or before congressional committees. Robert kennedy approves wiretaps of kings home in the offices in the fall of 1963 after the march in washington. The fbi will also tap kings hotel rooms, which kennedy maybe or maybe did not know about. Unclear. In 1964, the fbi then goes after king by feeding tips to the press about his alleged communist ties and sexual proclivitys. Encourages the irs to harass him. I find nothing untoward. Shortly after is named the Nobel Prize Winner in october 1964, the fbi compels a composite tape from kates hotel rooms of extramarital sexual encounters. The idea here is they send one tape to make it sounds like king is having an extramarital affair with several women in his hotel room is just a composite of several different incidents where this happened. They sent this tape to king, anonymously, with a letter. Job around the little bit. King, if you have your this is from the fbi. King, and view of your low great personal behavior, i will not dignify your name with either a mister or reference or a doctor, and her last name calls to mind only the type of king such as king henry the eighth and his countless acts of adultery and immoral conduct, lower than that of a beast. King, look into your heart, you know you are a complete froth and a great liability to all of us negros, this is definitely do in the fbi, white people in this country have enough frauds of their own by ensuring that they dont have one at this time that is anywhere near your equal. You are no clergymen, and you know it. I repeat, you are a colossal flawed and an evil, vicious one at that. You could not believe in god and act as you do. Clearly you do not believe in any personal moral principles, lets go down, your fill, etc, etc, it is all there on the record, your sexual or jeez, listen to yourself, you filthy of normal animal. You are on the record, you have been on the record, all your adulterous acts, etc etc. The american published the american public, the Church Organizations that have been helping, catholics and jews will know you for what you are, and evil, abnormal beast. So while others who have backed. You are done. There is only one thing left to do, you know what it is, you have just 34 days in which to do this exact number has been selected for a specific reason, his definite practical significance. You are done, there is but one way out for you, you better take it before your filthy, abnormal, fraudulent self is baird to the nation. The fbi encourages martha king to kill himself because he is such a threat to the nation in their view. The fbi then offers this tape. King does not obviously kill himself. The fbi than offered to turn this tape over to the press. The press ransom down, imagine such an era, and the fbi backs off in the face of a looming congressional investigation into electronic surveillance. The timing of that works out in favor. From 1965 to 67, Lyndon Johnson takes over from the assassinated john f. Kennedy. He clamps down on the wiretapping suggesting that it should be formally outlawed. There are a couple of Supreme Court cases, burger v. New york, and katz versus United States. Both the 1967. These cases, the Supreme Court changes its tune and says wiretaps have to fall within the same procedures as a warrant. It needs probable cause, the people initiating the wire type have to specify the crime they are investigating. They have to specify the place to be searched. Specify the conversations to be seized. In 1868, Congress Follow suit, it sets the specific standards for obtaining wiretaps. This will not stop noise cointelpro overall. It will target other groups including the black Panther Party which it will help to destroy with informants, misinformation and violence. And the American Indian movement, which ends with a violent 1971 siege in south dakota the wall so after the new left in the ku klux klan clan, successful in some degree which we will discuss. In 1975, watergate revelations government spying prompted the creation of a special congressional committee, led by senator fred church. Didnt democrat from idaho, to investigate the intelligence community. Someone managed to break into an fbi headquarters summer, grab much of documents from the go back to their whole, they discovered they had a whole bunch of cointelpro stuff that nobody had heard of. They started leaking that to the press. This also comes out as an error when the pentagon papers have been released, proving that the government has known all along that the vietnam war was logical plus. It has been lying to the public about it for years. There basically been no major effort in intelligence reform prior to this, despite rumors that the fbi had a database and u. S. Citizens had used information on members of congress as blackmail for policies. And the occasional public screw up like the bay of pigs and asian, support by the cia. There are oversights committees which arm services an appropriations committee. And theyve done nothing. Here is what the tricked me discovers, is a laundry list of all things. It turns out the fbi had files and over 1 million americans investigated 500,000 of them from 1960 to 74. People who are suspected of subversion and produced zero core convictions. The National Security agency had investigated every cable sent or received by americans overseas from 1947 to 75. The irs allowed texan formation to be used by Intelligence Agency for political purposes. Lyndon johnson had ordered the cia to spy on anti war protesters, believing that the soviets and chinese had to be behind it because they could not wrap his idea around his mind around the idea that American Students will bomb their own so deeply opposed to his policies. Particularly when he throws so much weight behind civil rights and the Greek Society programs. It has to be the soviets, it has to be the chinese directing these students. This is a direct violation of the cias charter, which prohibits it from conducting Domestic Intelligence operations. The name of the operation, operation chaos, its like theyre not even trying to hide how nefarious this stuff is. Operation chaos index is 300,000 names with indepth files and over 7000 people. No evidence of a foreign direction found for any of them. Not entirely related, worth noting, the Church Committee also revealed things like a cia conducted drug experiments on unsuspecting u. S. Citizens, infiltrated religious media and academic organizations in the United States and participated in efforts to assassinate but for political leaders. Sometimes successfully, sometimes not this was a gun that was supposed to give somebody a higher tech when they shot him with it so it would look like he would not have been assassinated. Cointelpro, the revelation of these programs was especially shocking to congress because its not spying. Its proactive counterintelligence. The historical lesson here, anti fascist an anti communist paranoia of the early cold war, bill to this momentum that led to the famous the right second red scare, the house in american activities committee, the investigations, later, mccarthy isnt. It is all part of the same spectrum. It doesnt end with mccarthys public downfall, the rollback of some of these laws that allowed for the prosecution to leaders. Instead, it carries through to the civil rights and anti war movements of the sixties in the seventies. The ends justify the means, in the governments view. Emblematic exchange between senator walter mom dale and the Deputy Director of the nsa, regarding this collection of cable intelligence. Mondale we are concerned about its legality . Legality . Whether it was legal . In what sense . Whether that wouldve been illegal thing to do . Yes. That particular aspect didnt enter into the discussion. I was asking if you are concerned about whether that would be legal improper. We didnt consider it at the time, no. The threat seems so egregious that in the minds of these folks, they would just act, to address the threat, and deal with the legal consequences later. Even though there turns out to be no evidence that there was in fact a nefarious plot by the soviets or the chinese to inspire anti war protests, Civil Rights Movement activities and so forth. For yes. I was curious when you were talking about the fbi counterfeiting letters to mlk, what year was that . That when a 64, right after he received the nobel peace prize. Thank you. The results of this, the Church Committees investigations, on the legal side of it, this is probably the most important legacy of an establishment that that had a better degree of dems on foreign intelligence agencies, it is an improvement over what existed. The Senate Select committee on intelligence is made permanent in 1976. The house creates its own in 1977. This is opposed by the white house, by the intelligence community, by some Government Conservatives at the time, especially the hardcore anti communist once. They basically argue that this will cap the United States ability to protect itself. Against all the threats that all those cointelpro operations never found. The Church Committee counters that, where intelligence agencies in violating the law, there were legal routes through which u. S. Security objectives would have been met. In other words, the Church Committee argues that security and liberty are compatible. Eight 1978, Congress Passes the foreign Intelligence Surveillance act, creates a special court to secretly review wiretap requests, against suspected foreign spies operating in the United States. This is meant to draw a line between foreign and domestic spying. Monitor threats will nonetheless protecting Civil Liberties for and citizens. Theres also tenure term limits placed on the fbi director. Hoover is a director from 1924 until he dies in 71. No more 48 year czars. Nonetheless, here we are this doesnt stop. In the 19 eighties, the fbi subverts people are opposed to reagans policies and central america. The fbi spies on occupy wall street, the fbi spies on code pink, they spy on burning man. The terrorist attacks of september 2001 and surprisingly it is a huge impetus to, few drives this, fear drives feeling that you must act regardless of the legal propriety of it, to deal with the consequences later. The nsa, after september 11th, begins collecting the metadata of every phone call in the United States for major carriers, which is just like, who did you call, holly to call them . What time . What date . Phone conversations, the actual transcripts, so long as someone is outside of the United States or involved in international terrorism. As far as the fisa court is concerned. Internet communications, ostensibly, they were only supposed to be a lot to do this so long as one person is outside the United States, but inevitably of course, Domestic Communications are collected to, because you cant sort out, theres an automatic way to sort out foreign and domestic internet traffic. That is a world that we live in, its all interconnected, what do you do when apple servers are in ireland, for example . The nsa stuff is first reported in 2005 and 2006, confirmed years later, with the revelation of the snow documents, there was a review of this broad Data Collection under george w. Bush. When revelations come out, about the nsas legal wiretapping, the Partner Department of justice determined that it is illegal and bush decide to reup it anyway, and only the threaten resignation of than fbi director Robert Mueller and james comey keeps him from doing it. Of course now its legal. If you want to look at the culture legacy of this, i mean, the Church Committee comes at a time when peoples suspicion of the government is through the roof. Says americans will never trust the government again. This comes at the same time as the pentagon papers and now watergate now turns out the cia has been spying on the americans in attempting murder, the fbi has been infiltrating in destroying groups including peace activists. Within the African American community specifically, you can certainly point some things, this is pushing that the fbi setup came to be assassinated in memphis, now the fbi did it with the new and assassination attempt was coming and chose to do nothing. The suspicion that the cia intentionally introduced heroin and then crack into the black community to destroy it from within. Whatever the evidence suggests, the reason theyre so much suspicion in part, is because the fbi did in fact infiltrate civil rights organizations in an attempt to destroy them from nefarious, sometimes violent means. Of course that suspicion is there. And yet, how uncomfortable and suspicious are we when we carry tracking devices everywhere we go, that always knows where you are . So in this will be scanning your face, we want police to wear body cameras, those cameras can be used to fill our private residences. Taser, the company, taser, tasers like kleenex is actually company. Says taser is developing software so that Police Cameras will soon have reached facial recognition software. Scan your face here and then police as you walked on the street see you they will know who you are. We use these, the strikes of where youve gone, every purchase you have made. You can use a metric art, that trucks everywhere you have gone in the city. Fitness software that trucks on many steps you took knows were all those steps were. Now on the one hand, some of this is necessary. You want the police to be able to effectively police. Of course. This is loaded very much, this lecture is very much loaded in a direction that is like no surveillance, but of course there is necessity for it. Violent actors do exist in the world, crime is very much take place. Some of this is innocuous, its good to tracker health. I enjoy personally receiving coupons from my Grocery Store that is based on the purchases that i have meat. It is a little weird to know that they know what because i like for what kremer use. Nonetheless its awesome because its cheaper. But someone is tracking all that stuff. And that is sort of the flip side of this, on the other hand, yes some of this is innocuous, some of this is necessary. It is actually advantageous to Law Enforcement, it keeps us safe. On the other hand, this requires faith in the person who is at the switch. And that person was at the switch now, may not be the person who is at the switch in the next administration, or ten years on the road. I distinctly remember listening to bill moyers interview in 2007 and 2008 when the nsa stuff was in the median be kicked around. And this conservative legal scholar who was deeply opposed to what the nsa have been doing, made this point. It was that if you support what the George Bush Administration is doing as a necessary action to keep us safe from the threat of terrorism, and again, i dont know how old you guys were. Not very old. But i distinctly remember, how frightening the period was, we just did know quite what was going on. I was a sophomore in college on september 11th. I definitely remember that period. His argument was that imagine which than seemed like the outcome, Hillary Clinton at the hands of that switch. The clintons were the great bugaboos of the rights since the nineties when bill was president. She looked like she would be the presumptive nominee for the party. And that was his argument, you might support this now under george w. Bush but then imagine if Hillary Clinton had its. And you can expand this kind of thinking to other subjects as well. You might support, for example, the Obama Administrations use of drones to target terrorists around the world. Suspected terrorist around the world. You might think obama has we judgment, this prevents troops from having to go and risking their lives, its quick and easy. Okay. If you supported the Obama Administration its use of that, i imagine you would not have voted for the current president. But if he has uses the same tool, and if you do support the current president , the next president who comes down the line, perhaps a more left leaning, democratic candidate who the heck knows what will happen . That person will have their hands on the switch. This is the thing you think about, dont, its easy in the moment to get sucked into the kind of fear and the concerns that we have. They are not always unfounded, they are not always unreasonable, but keep in mind the long term effects. Once the genie is out of the box, it is tough to get it back in. No president is going to willingly surrender a tremendous amount of power. Government agencies dont do that either. They just dont, that is not their nature. Do you subscribe to the notion that if you have nothing to hide, you have nothing to fear . We will talk about those issues in our class discussion next time. Thanks, everybody. Coming up in American History tv, our series on landmark cases continue produced in cooperation with the National Constitution center. We explore the issues, people and places involved in some of the nations most significant Supreme Court cases. We begin with tinker v. Des moines, which established that students do not lose their First Amendment rights on school grounds. Then, New York Times v. United states. Which restricted the governments power over the press, and brought into journalists for so many protections afterward, a look at the president Lyndon Johnson