An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.

Security, Religion, and the Rule of Law argues that true, substantive, and sustainable national security is only possible through respect for the rule of law, human rights, and religious freedom. Despite the emphasis on national security and the war on terror that has preoccupied governments for over two decades, nations – and the world – seem to be more divided than ever, with a concomitant impact of increasing the risk of terrorism and religious and political violence. The national security paradigm, previously reserved primarily for foreign threats, has been turned increasingly inwards, focusing on a state’s own citizens as potential threats. This is often along religious lines, threatening fundamental human freedoms. This book provides a series of critical engagements on some of the most pressing issues at the interface of religion and security today, including proposing a deeper engagement with theology when dealing with freedom of religious belief, exploring a better understanding between domestic peace and international relations, abiding by the rule of law while countering terrorism, and developing a broader understanding of identities and of the nature of citizenship. It provides the resources to further reflect upon and address these topics, as well as stimulate further discussions on religion and security matters across a range of different disciplines. Wide-ranging case studies consider Australia, China, Europe, the Kurdish people, Nigeria, Russia, Ukraine, the United Nations, and the United States. This book will appeal to students and scholars across a range of disciplines, including international relations, law, philosophy, political science, religious studies, security studies, and theology. It will also appeal to human rights lawyers, judges, NGO researchers, governmental agency specialists, and policy makers. Chapter 5 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

"Security, Religion, and the Rule of Law argues that true, substantive, and sustainable national security is only possible through respect for the rule of law, human rights, and religious freedom. Despite the emphasis on national security and the war on terror that has preoccupied governments for over two decades, nations-and the world-seem to be more divided than ever, with a concomitant impact of increasing the risk of terrorism and religious and political violence. The national security paradigm, previously reserved primarily for foreign threats, has been turned increasingly inwards, focussing on a state's own citizens as potential threats. This is often along religious lines, threatening fundamental human freedoms. This book provides a series of critical engagements on some of the most pressing issues at the interface of religion and security today, including: proposing a deeper engagement with theology when dealing with freedom of religious belief; exploring a better understanding between domestic peace and international relations; abiding by the rule of law while countering terrorism; and developing a broader understanding of identities and of the nature of citizenship. It provides the resources to further reflect upon and address these topics, as well as stimulating further discussions on religion and security matters across a range of different disciplines. Wide-ranging case studies consider Australia, China, Europe, the Kurdish people, Nigeria, Russia, Ukraine, the United Nations, and the United States. This book will appeal to students and scholars across a range of disciplines, including international relations, law, philosophy, political science, religious studies, security studies, and theology. It will also appeal to human rights lawyers, judges, NGO researchers, governmental agency specialists, and policy makers"--

An intensely controversial scrutiny of American democracy’s fundamental tension between the competing imperatives of security and openness. “Leaking”—the unauthorized disclosure to the press of secret information—is a well-established part of the U.S. government’s normal functioning. Gabriel Schoenfeld examines history and legal precedent to argue that leaks of highly classified national-security secrets have reached hitherto unthinkable extremes, with dangerous potential for post-9/11 America. He starts with the New York Times’ recent decision to reveal the existence of top-secret counterterrorism programs, tipping off al Qaeda operatives to the intelligence methods designed to apprehend them. He then steps back to the Founding Fathers' intense preoccupation with secrecy in the conduct of foreign policy. Shifting to the 20th century, he scrutinizes some of the more extraordinary leaks and their consequences, from the public disclosure of the vulnerability of Japanese diplomatic codes in the years before Pearl Harbor to the publication of the Pentagon Papers in the Nixon era to the systematic exposure of undercover CIA agents by the renegade CIA agent Philip Agee. Returning to our present dilemmas, Schoenfeld discovers a growing rift between a press that sees itself as the heroic force promoting the public’s “right to know” and a government that needs to safeguard information vital to the effective conduct of national defense. Schoenfeld places the tension between openness and security in the context of a broader debate about freedom of the press and its limits. With the United States still at war, Necessary Secrets is of burning contemporary interest. But it is much more than a book of the moment. Grappling with one of the most perplexing conundrums of our democratic order, it offers a masterful contribution to the enduring challenge of interpreting the First Amendment.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

In an age of heightened concerns over national security, this book offers a timely and thought-provoking exploration of the relationship between national security and individual freedom. Drawing on insights from political science, philosophy, and law, Lasswell presents a nuanced and compelling argument for balancing these often competing interests. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.