Up Citizens Rights especially the right to dissent. No doubt, there is a need for intelligence communities to operate, to exist. Foreign and domestic threats are real. But 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 Cato InstituteStrong 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 tools used to protect be used against citizens for sometimes nefarious reasons. Going back in history, Teddy Roosevelts attorney general creates a squad of what 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. The fbis history explains corruption in politics and big business, all of it addressing organization at the turnofthecentury as well as National Security concerns, particularly with regards to anarchism. As well as threats of war time subversion and espionage that we talk about the other week when we talk about free speech. The fbi in 1939 makes its first effort to infiltrate groups such as antienlistmentment they will spy on the American Civil Liberties union, the evangelical american of churches, 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. But political dissidents and perhaps even the particular form of government we have, we dothese are not so through specific means. As we noted on our speech on free speech, political spying will begin right around 1909 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 near where r hits 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 are wellknown, goldman, other people are arrested simply because they appeared foreign. Many of those arrests were held incommuicado for months. Some were put on a boat and sent to russia for anarchist reasons. 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 against this 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 an entity known as the black chamber, made up that people of the state department and Army Intelligence essentially for 10 years and running until 1929, Western Union had provided 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 case at the end of 1920s, about wiretapping, whether tapping into someones phone conversation, does that 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 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 claiming 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 attributing 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 criminals 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 forbid the exception of evidence by government officials would make society suffer and give criminals greater a mean unique been known 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, to declare that the government commit crimes to secure the conviction of a criminal, this court should resolutely set its face critical spying ends up the 20s to 1936 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 bureau of investigation at the age of 29, hoover put together a list, but nonetheless escaped the fallout. The bureau rebounded within the decade. The bureaus role as a Crime Fighting activity. The bureaus reputation rebounds, and if you are, is concerned about soviet spies, and concerned about fascists. This is the mid 19 thirties, fascism was on the rise in europe. There are several u. S. Base groups, we that has rise to power. The large enough that the American Nazi Party can hold a rally in Madison Square garden. And immediately after 1939 the germany invades poland. But hoover also adds to that list, subversive activities. And it is unclear, how much Franklin Roosevelt, how much the attorney general people high up in the government, knew of the extent of what hoover would do. There is no record of that particular meeting, and what exactly was said in it. And roosevelt has bigger fish to fry. Not knowing whats coming down the road. He has an economic depression that continues to grind along. And he will ultimately have a war to deal with but even prior to the United States the 19th century, there was a looming spectrum of another war in europe. So theres no sense that we fdr you know, and who were actually renews this. His renewal of activities, is authorized outside the courts. It discourages to get approval, congress had been suspicious of the bureau investigation. Its like a secret police force. And hoover warns fdr that haters will you know basically down it so and they support hoovers suggestion, and every person this is what they wanted every person in america fingerprinted. The aclu complaints in 1936, about groups that do not want to go to war. They want to make sure the United States does not come involved with anything its going to happen over there. So fdr seems nothing wrong, with groups and noting his house had been bombed in 1919. Moreover fdr is looking into political pawns as well, in particular he has the ftc i investigate several senators, and public figures including charles limburg. Olive who oppose any intervention in europe. Hoover learned from this experience, that he can curry favor, and gain leverage by digging into any precedence enemies, or perceived enemies. For example he never blackmails kennedy brothers, but he does give Robert Kennedy, attorney general monthly updates, and all the people that he knows the accusations against, him. And on the one hand, perhaps this is some helpful personal knowledge, that Robert Kennedy can use, but it also ensures that the kennedy knows, that hoover knows he knows everything. He knows everything that everybody is doing so the kennedys have the inclination, to shut down what they may be doing because they know in the back of their mind that whoever has taps on them. The restoration of spying takes place in the context of merging National Security, right when the Second World War ends. A cold war begins shortly thereafter. The house americans activities committee, and the federal governments loyalty program, its knocked out its to snuff out anybody that might have certain political views. All of this on the fbi reports. In 1956 the fbi goes on the offensive. With the creation of cpp usa. Counter intelligence program, specifically designed to target the communist party. Of the United States of america. It is specifically, counterintelligence rather than prosecutorial, so hes not to not trying to drum up evidence to go to court, but a Counter Intelligence operation to destroy a political enemy of the government. A couple of reasons, one Legal Proceedings against the communist Party Leaders, they have been very successful in sending numbers of persons to prison the laws are favorable to doing this at this period of time. It also explode soft fbi informants you had to go through in front of a judge. So they were revealed as part of the court hearings. And in 1956 and 57 the, court begins to roll back laws and illegal measures that will put in place against dissidents, and they had free rein to round up anybody who was member of a group who might espouse overthrowing the United States government. Which the court terms was used loosely interpretive loosely, and was able to put top leaders in jail. So top leaders by the way are operating for a Foreign Party kiss is controlled by moscow. This sort of roll back, and legal power, and threat of exposing more informants, leads to the creation of the Counter Intelligence program. Hoovers memo could try to negate this, and ability to create espionage and sabotage potential. Of the last of all of these last two our legal crew 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 illegal things. The objective here is to destroy the communist political party. So in 1956 to 1971 their actions taken against the communist party large part of that is due to legal measures used against the party. They take a huge hit in 1956 when come to 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. Nonetheless his obsession with the party keeps it going long 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 an fbi informant, creating a fake communist Party Organization to attack marxist or a trotskyite, they foster that descent. Operation hoodwink, send 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. 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. Among 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 be a lot of gangsters in my union, but told me that in february several leaders were meeting Party Leaders of other countries and it came out again that his party is going to clean up the gangster unions in this country. I told him he was all wet. 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 leaders of the commonest 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 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 someone is coming after them, the plan is to create dissent. 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 lawyerss 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 the Civil Rights Movement. The fbi began investigating the naacp for 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. This billboard is rooted in and inaccurate 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 segregationists, is that the Civil Rights Movement was a communist front to create unrest in the United States. They allege that someone was in the communist party because that person donated blood to king when he was stabbed. Hoover quietly tells congressmen, senators, and the kennedys that lawyers and king advisor is a communist party member taking orders from m