« Discussion 3 (Due 6/11 by 11:59pm)

Landyn Taylor

Discussion 3

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1. I agree with O. Douglas, for without freedom of speech and thought is our foundation in America to not allow tyranny or to be silenced by our government. This first amendment is not just our right to our own thoughts and expression, but our power to refuse conforming or allow for the injustice that our government may try to put upon us. Our right to freedom is also our right to protest and assembly. This amendment is for the people in the protection of government or authority who tries to silence us. 


2. We do not have the right to privacy written in any amendment specifically, but many of our amendments, such as the 4th and 14th Amendments touch on or imply such. The 4th amendment says that our property, person, papers, etc. cannot be searched or seized without probable cause or suspicions. 

3. Sadly, terrorism has become a large fear of concern for countries all over the world. With 9/11 sparking the war on terrorism in America, we have changed our society and our government to protect the people from such incidents. Since Hamdan was employed by a large US threat during war times, making him a prisoner of war, he was unable to be treated in a fair and just manner due to the background of the situation. Since he is not a US citizen, it was not mandatory for him to have the same rights that are stated in the constituion of a speedy trial. I believe that if we were to do civilian courts, with a random selection of jurors, it would be unfair to him. He could face discrimination due to the fear of terrorism in America, but also most American civilians do not know much of the indepth laws and regulations between military and war crimes. I feel that military tribunals would be more appropriate for it is more so their area of expertice. Also if it was a civilian trial, he would likely be given a public defender who may not have as much knowledge on these events. Through all of this, I do believe it was wrong for us to detain him for so many years and he deserved a speedy trial rather than be a prisoner without proven guilty, its better to leave these kind of issues to the military. 

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  1. Post by Ethan Byron
    Re: Discussion 3
    I also agree with your response to question one, I feel that without these freedoms then we may not have a voice and possibly be able to make a change within our nation. Whether that be through this first amendment or implied through your answer to the second questions in regard to the 4th and 14th amendments. I agree with your response to that question as well. On your third response I do think it would be unfair to Hamdan but also to other terrorists and people that are tried in civilian courts, but I do not agree so much on how it was wrong for us to detain him for so long. It would depend on the situation, as I would need to do more research into Hamdan to really decide if it was inhumane to detain him based on the circumstances and his prior connections to terrorists. With our past issues with terrorism in the United States it is a very hard decision to make, and I somewhat agree we should leave it to the military. 
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