Host welcome to class, everybody. Today we are going to talk about government surveillance. I want to talk about today, can intelligence agencies operate in a democrat success he craddick society and hold up citizens writes especially the right to dissent. No doubt, there is a need for intelligence communities to operate, to exist. Foreign and domestic threats are real. For over a century, in addition to taking action against real threats to the lives of american citizens, bureaus and agencies within the American Government have surveilled those who have expressed what they call Strong Political views that run counter to the prevailing government political paradigm. This challenges the notion that those who support the state in some sort that if you have nothing to hide, you have nothing to fear. I will come back to that later in our discussion. Maybe you adhere to that view, maybe you are on the fence about it, maybe you rejected. That is fine. We will discuss it. But the history of surveillance necessitates that discussion. Can the same tolls used to protect same tools used to protect be used against citizens for sometimes nefarious reasons. Going back in history, Teddy Roosevelts attorney general creates a squad of becomes known as the bureau of investigation and by the 1930s, the federal bureau of investigation, the fbi. The fbis own history, they have a long narrative of their history, and they link the creation of the fbi to the Progressive Movement. The Progressive Movement says that the government must intervene in an industrial society. That inspired that unrest and terrible working conditions and so forth. So, the Progressive Movement inspires things like the fda, to ensure the food youre getting has labels and what you are eating is actually what you think you are eating. It will eventually lead to child labor laws, but it also creates this nationwide Law Enforcement body that is able to keep tabs on criminals throughout the country, that did not exist prior to this time. Thefbis history corruption in politics and big business, all of it addressing organization at the turnofthecentury as well as National Security concerns, particularly with regard to anarchism. As well as threats of war times. Subversion and espionage that we talk about the other week when we talk about free speech. The fbi in 1939 makes its first 1909 makes its first effort to infiltrate groups such as antienlistment and they will spy on the American Civil Liberties union, the evangelical American Council of churches, the American Jewish congress, the nationwide labor federation, the naacp, the new orleans womens center, the American Friends Service committee, the quaker social justice organization, the womens Peace Movement led by jane adams, pete seeger, etc. Sometimes, these people and organizations are investigated for decades. These are not violent revolutionary threats. They are political dissidents to oppose certain aspects of government policy. And, perhaps even the particular form of government we have, we do so through specific means. As we noted on our speech on free speech, political spying will begin right around 1908 and will run until about 1924 and then will stop for about a decade. The impetus to stop it is the first red scare. Immediately after the first world war, 1919, a number of actions that will raise a lot of concerns about government surveillance. The seattle general strike in early 1919 shuts down the city. In the spring of 1919 of bomb plot is broken up and then there is a wave of anarchist bombings targeting prominent people including the attorney general. This house is down nearer where are hits massachusetts where r pitts massachusetts. Headed by a young agent name J Edgar Hoover it compiles files on roughly 200,000 individuals. The bureau uses those files to round up several suspected radicals in a series of raids in 1919 and 1920. Some people rounded up our wellknown, goldman, other people are arrested amply because they appeared for an, members appeared foreign. Many of those arrests were held incommuicado for months. Some were put on a boat and sent to russia for anarchist leaves. There is tremendous political backlash because of this. In particular because many of those rounded up again or not engaged in radical behavior. Perhaps they hold radical views, but nonetheless they have not engaged in anything. Some of them are simply immigrants. So, the political backlash brings the fbi to a halt. People that may have been inclined to support this round up in place, especially in light of immigration quotas put in place. It totally shutdown immigration from Eastern Europe as we will talk about next week. 1929 sees the end of known by the black chamber, made up that people of the state department and Army Intelligence essentially for 10 years starting in 1919, and running until 1929. Western union had provided the black chamber. Provided assistance to the black chamber. This was shut down by henry stimson. He opposed spying on diplomatic allies, not spying in general, but spying on u. S. Diplomatic allies. There is a Supreme Court kate as it case at the end of 1920, about wiretapping, whether tapping into someones phone conversation, does that i late the Fourth Amendment. Violate the Fourth Amendment. Here is what the Fourth Amendment says, the right of the people to be secure in their persons, houses, the first, and effects against unreasonable searches and seizures and no warrant issued but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched in the course and the person or things to be seized. William taft joins the Supreme Court and speaks to the decision to roll against the notion that wiretapping violates the Fourth Amendment and that will last roughly 40 years. Here is what he says in favor of wiretaps laming they dont violate the Fourth Amendment. Congress may of course protect the secrecy of telephone messages by making them inadmissible evidence in trials by direct legislation. If Congress Wants to roll on it, it can. But the courts cannot adopt such a policy by a true bidding and a large and unreasonable meaning to the Fourth Amendment. If one installs a telephone into his house with connecting wires intends to project his voice are not within the role of the Fourth Amendment. The cases we have cited nor many of the federal decisions brought to our attention old the amendment to have in my weighted a defendant unless there has been an official search and seizure against his person or seizure of his personal and tangible effects or invasion of his house for the purpose of making such a seizure. An act by government officials would make society suffer and give terminals greater immunity than before. What he is saying here is if you are using a telephone machine, it is connected to wires that go outside of your house to speak to someone going outside of your home and someone tapping into your life is not actually going into your home and urging your longings. That is outside your home and doesnt fall inside the Fourth Amendment. This is how the court rules. Let me say it again, a standard which would for bid the exception of evidence by government officials would make society suffer and give criminals greater a mean unique been known here to fouforth. Heretoforth. Brandeis dissented here. Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commanded to the citizens. Existence of the government would be parol if it fails to will be imperiled if it fails to the law recklessly. It teaches the whole people by example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law. It invites every man to determine the law for himself. It invites anarchy. If the ends justify the means, that the government commit crimes to secure the conviction of a criminal, this court should resolutely set its face and political spying ends up the 20s to 1926 when Franklin Roosevelt requests it be resumed. What we see is that government surveillance doesnt target any spurt regular any particular group nor one particular party or ideology. Franklin roosevelt, the great liberal democrat, request that political spying the reinstated led by J Edgar Hoover appointed head of the adderall bureau of investigation at the age of 29, federal euro of investigations at the age of 29. Hoover put together a list hoover put together a list, but nonetheless escaped the fallout. The bureau rebounded within the decade. Hoover emphasized the bureaus after famous criminals arrived, like john dillinger. Emphasizes this, knows how to work the media in his favor, and they there the fbi rebounds. Fdr, concern about soviet spies and concerned about fascists. This is the mid1930s. There are several u. S. Based groups that rise large enough that the American Nazi Party can hold a rally in Madison Square gua garden. The fbi investigates federal crimes. Hoover adds to the list diverse of activities. It is unclear how much Franklin Roosevelt, how much the attorney general new of the extent of what hoover would do. There is no record of the meeting and exactly what was said and roosevelt has bigger fish to fry in some sense. He has an economic depression that continues to grind along. He will ultimately have the war to deal with, but even prior to the 19th century, there is a looming war, but there is no proof that hoover renews this. His renewal is authorized outside the courts and discourages roosevelts legislation because he is sure he wont get approval. They are concerned about creating a secret state police force in the first place. Fdr approves the resumption of political spying without congressional approval. He wants to have every american fingerprinted, the Newest Technology at the time. Groups that dont want to go to war in europe, groups assure that the United States wont become involved in anything happening over there. Fdr says he sees nothing wrong with investigating groups that spread false information, and engage in false teachings. That may have colored his views of political dissidents. Fdr has hoover look into political opponents as well. In particular, he has fbi investigates several senators including charles lindbergh, all of whom oppose any intervention in europe. Hoover loves from the experience learns from the experience that he can curry neighbor and curry favor and gain leverage , by digging into any of the president perceived enemies. He never blackmailed the kennedy brothers, but he does give Robert Kennedy attorney general, monthly updates of everybody he knows, accusations against him and family members. On the one hand, perhaps this is some helpful personal knowledge. It also lets the kennedys know that hoover knows everything. The kennedys have the inclination to shut down what they may be doing, they will know in the back of their mind that uber has tabs on anything they have been doing. The restoration of spying takes place in the context of emerging National Security state, one we are familiar with today. When the Second World War ends, the cold war begins shortly thereafter. The house on americans Activities Committee and the federal governments massive Loyalty Program designed to snuff out anybody might have offending political views, all rely on fbi reports. A dent in 1956, the fbi goes on the offensive. I Counter Intelligence program specifically designed to target the communist party. It is specifically counterintelligence rather than prosecutorial. It is a counter operation to destroy political enemies of the government. One, Legal Proceedings against communist Party Leaders have been very successful in sending numbers to prison. The laws are favorable during this period of time, but it also exposed at the eye informants it also exposed fbi informants. Hoover was not keen on that. And it 1957 the court begins to rollback laws put in place in the late 30s and early 40s that had given free reign to round up anybody that is a member of a group that might overthrow the United States government, which in court terms was interpreted loosely. Top leaders, by the way, operating for a foreign party. This rollback and legal power, this threat of exposing more informants leads to the creation of the counterintelligence program. Hoovers calls for actions over influence over the masses, information leading to confusion and disunity, penetration in channels of human life, espionage, and sabotage potential. Of those, the last two are illegal, but influence over the masses, ability to create controversy, penetration of channels of American Life where Public Opinion is molded, you may find the ideals of the communist party to be reprehensible, nonetheless, those are not the civic league not specifically illegal things. The objective is to destroy the communist party. It is successful, effectively destroying what remains of the communist party. From 1966 to 1971 there are actions against the communist party. Its membership around 80,000 1000 to maybe around active members in the 60s. Large part of that is due to legal measures used against the party. They take a huge hit in 1956 when khrushchev comes to power in the soviet union. He was a monster who conducted show trials of political enemies and people he thought might be political enemies. That has a huge effect turning people away from the communist party. There is substantial dissent in the ranks of the fbi in the late 1960s, because hoover will not let this go even of the party is well past the point where it poses any remotely conceivable threat to the United States. Planting evidence to suggest Party Leaders are informants, right . Plant evidence and hope somebody comes along and leaves they are and believes they are an fbi informant, creating a fake communist Party Organization in order to attack the party from the left are you a marxist or a trotskyite, they foster that descent. My personal favorite of these, operation hoodwink, send walls false documents to provoke a fight between the communist party and the sicilian mafia. The fbi is well aware of how cosa nostra deals with threats. Here is their suggestion how to deal with this. Uhh, lets see. This is an agent requesting bureau permission mailed to the same Teamster Union locals in the philadelphia area. Dear union boss, i am the loyal union man who wrote you in january. I have more news from you. You will remember that i told you i heard from my commie brotherinlaw. The leaders of his party had been in moscow. One of the instructions was trying to get rid of the hoodlums and undocumented in this country. I talked to my brotherinlaw and he asked how things were going, he told me he knew there would need a lot of gangsters in mind union, but told me that in february several leaders were meeting Party Leaders of other countries, and it came out again up again that his party is going to clean up the gangster unions in this country. I told him he was all wet. I didnt use those words. Im concerned these commies mean business. Here is an anonymous letter that the fbi is going to send. This is a lie. With respect to the above letter, it is a act that three fact that three meters of the three leaders of the party were in it a past, hungry to attend a meeting of the commonest workers party. Two of the three leaders have returned to the United States, however, the information in the letter in hungry it came out hungary it came out again how this party is going to clean up the gangsters has no basis in fact. A few typographical errors will be inserted into the letter. Blah, blah. This is a plot to create dissent. The fbi knows what will happen if summary comes after them, he plan is for someone to retaliate violently. There is no evidence that this actually worked, by the way, but it is not for lack of trying. Unitarian minister and members of this congregation circulated information against the american committee. A civil lawyers the fbi attempts to smear him to sink his campaign. This is not surveillance of violent threats, this is something different. The fbi will also target based Civil Rights Movement. The fbi began investigating the naacp for commonest links, finds communist links, finds nothing, nonetheless it manages to get the naacp on a list of diverse of organizations. Martin luther king jr. Was investigated in the 50s. \king gave a speech at a school accused of being a communist training center. Martin luther king at communist training school, there he is. It was not a communist training school. Spoiler. This billboard is rooted in and accurate history. They did it of course to further the partys interest, they saw it as a great wedge issue. This was the fear spread by many separate nation is that