24th Annual Bill of Rights
Art and Essay Contest, 2007-2008

TOPIC:  WARRANTLESS WIRETAPS:
              Does Government access to telephone calls and emails
              without a warrant violate the Constitution?

2nd Prize, High School
by B.T., a 12th-grade Pacific Grove High School student

Privacy Breech

Government access to personal telephone calls and emails without a warrant violates the fundamental principles upon which the Constitution is built. Since September 11th, 2001, officials of the executive branch have conducted warrantless wiretaps on unsuspecting citizens. These wiretaps allow members of the government to listen in on phone calls and search through emails of people they believe to be engaging in activities that "pose a threat" to the safety of the United States. In reality, the government's motive is honorable, for America's security has indeed been breeched. However, the means being used to regulate security violates rights given in the constitution. Warrantless wiretapping violates the right of all Americans to be considered innocent until proven guilty, in addition to violating all citizens' rights to free speech guaranteed by the First and Fourth Amendments.

In September 11th, 2001, the security of the nation had been compromised, leaving the government searching for new ways to regulate and eliminate any terrorist activity that could threaten the United States. As a means of monitoring communications between America and foreign countries, warrantless wiretaps were installed. It is most definitely true that the government has an obligation to protect the lives and well being of its citizens. However, the use of warrantless wiretaps infringes on the rights that all Americans have been guaranteed in the constitution.

The First Amendment declares that all citizens have the right to freedom of speech. Despite being one of the simplest and most straight-forward amendments, the governemt still believes it has the authority to disregard this fundamental right. Those unsuspecting citizens who have been wiretapped have lost the right to freedom of speech. No longer can people feel completely at ease to say what they feel, for fear someone might hear and interpret their words in the wrong way. Not only do the government's wiretaps violate the First Amendment, but also the Fourth. The Fourth Amendment strictly states that all searches, seizures, and other investigations must be legalized by a warrant. If the government can provide the evidence and probable cause essential to acquiring warrants, then the wiretaps can be allowed and supported. However, the government continues to conduct wiretaps without the necessary warrants. The government's desire to protect its country is virtuous; however, its methods are unconstitutional.

Many federal court judges feel that the warrantless wiretaps go against the mandates of the Constitution. In fact, in 2006 and 2007, federal courts have declared governmental wiretaps without a warrant to be unconstitutional. As has been stated earlier, some judges feel that basic principles established in the First and Fourth Amendments have been blatantly disregarded. They too believe that without warrants based on sufficient evidence, the executive branch does not possess the justification needed to conduct its wiretaps. The fact that warrants have not been obtained shows that there must not be enough reasonable evidence or probable cause against those the government wiretaps, or else it would be able to obtain legal warrants. The allegations against the numerous people that have been wiretapped must be based on suspicion with a lack of adequate, feasible support. This statement goes completely against the right of all citizens to be seen as innocent until proven otherwise. Lawyers and criminal investigators must follow procedure to obtain warrants, for which they must provide reasonable evidence. So why should the government be allowed to disregard procedure? The government should not be able to conduct its wiretaps without following the processes required to rightly obtain warrants.

Despite numerous declarations of it unconstitutionality, government warrantless wiretaps still continue to be used as methods for searching for terrorists. Although the government's desire to protect its country is honorable, its wiretaps are in complete violation of the First Amendment's guarantee to the right of free speech and the Fourth Amendment's guarantee that no searches or seizures may be conducted without the necessary warrants. The government should not be able to transcend the law, but rather it must enforce the law. Thus, the use of warrantless wiretaps proves to be an absolute breech of privacy and of the right to free speech.