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The Spy Factory

Classroom Activity

Activity Summary
Students consider the tradeoffs between fortifying national security and maintaining civil liberties.

Learning Objectives
Students will be able to:

• describe the protections covered under the Bill of Rights.

• debate reasons why restrictions to individual rights should or should not be allowed.

Suggested Time
One class period

• copy of U.S. Bill of Rights Student Handout (PDF)
• copy of National Security vs. Individual Rights Student Handout (PDF)

Background

While the issue of national security has been around since the country was founded, the modern concept of this principle started with the passage of the National Security Act of 1947. The act created what would come to be known as the Department of Defense and established the National Security Council and the Central Intelligence Agency.

After the National Security Agency was caught spying domestically in the early 1970s, Congress in 1978 passed the Foreign Intelligence Surveillance Act (FISA), which outlined procedures for requesting judicial authorization for electronic surveillance of persons inside the United States if they were involved in espionage or international terrorism against the United States. The legislation was later expanded to address physical searches, pen registers and trap and trace devices, and access to certain business records. In 2001–2002, the Patriot Act, the Intelligence Authorization Act, and the Homeland Security Act further changed FISA provisions.

In the aftermath of September 11, 2001, the NSA's General Michael Hayden secretly bypassed FISA regulations. Hayden wiretapped and otherwise monitored the personal and business communications of millions of American citizens without first obtaining a warrant. When his actions were uncovered in 2005, FISA was amended, making it illegal to intentionally engage in electronic surveillance under the appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act. In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using, or divulging phone calls or electronic communications.

In times of heightened national security, governments often react by tightening security measures. Sometimes, these measures can encroach on civil liberties. This activity invites students to weigh the costs and benefits of increased national security in regard to civil liberties.

The Lesson

1. When societies are threatened, governing bodies often implement additional security measures in order to protect their citizens. Ask students if they can think of any times in which security was heightened in the United States after a historical event. What occurred during these times? (Some examples include the internment of Japanese-Americans living on the West Coast after the bombing of Pearl Harbor, the investigations during the Cold War by Senator Joseph McCarthy into Americans suspected of having unpatriotic behavior, or the tightening of airport security after the September 11, 2001, terrorist attacks.)

2. The National Security Agency asserts that it strives to balance national security with the need to maintain personal liberty. Discuss with students what "personal liberty" means to them. What is included in this term? (Students may suggest the right to practice their religion, freedom of speech, the right to peacefully protest, or the right to privacy.)

3. Ask students what governs our rights in this country. If no one brings it up, tell students that the Bill of Rights—the first 10 amendments to the U.S. Constitution ratified in 1791—was the country's first legislation protecting citizens' rights. Distribute the U.S. Bill of Rights handout to each student.

4. Have students read the Bill of Rights. After everyone has read the document, have students identify the overarching areas covered by these rights. Discuss as a class what these areas are. (Some areas include the freedom to practice religion and speak freely, the right to bear arms, the right to personal privacy, the right to due process of law, and the right to be treated humanely.) Which areas and rights do students think apply most to them?

5. Tell students that since the Bill of Rights was ratified more than 200 years ago, the United States has passed additional laws regarding citizens' rights. While national security measures are implemented to protect individuals, such measures can also restrict the rights of individuals they are designed to protect. The main issue lawmakers must address with these regulations is balancing national security interests with individual personal rights. Organize students into teams, and distribute the National Security vs. Individual Rights handout. Tell students they will now consider what personal liberties, if any, they would be willing to sacrifice in order to maintain national security.

6. Assign a scenario from the handout to each team. Tell the teams that, before coming to a final decision about whether a situation would be permissible, they must first consider reasons why the restriction of individual rights should be allowed and also why it should not be allowed.

7. After all teams have reached a decision about their assigned scenario, teams should take turns presenting their conclusions. Have one team's representative describe the team's conclusions and the reasoning behind how team members arrived at their decision. Then discuss the scenario as a class. Do all class members agree with the team's conclusion? If not, why not? After all teams have presented, talk with students about how different the world is now from when the original Bill of Rights was passed. In what situations, if any, should restrictions of personal rights be allowed? Which rights, if any, would students be willing to compromise for the sake of strengthening national security? Which rights would they consider sacred regardless of the level of threat to individual safety?

Use the following rubric to assess students' work.

The "The Spy Factory" activity aligns with the following National Science Education Standards.

Grades 5-8
Science in Personal and Social Perspectives
• Science and technology in society

Grades 9-12
Science in Personal and Social Perspectives
• Science and technology in local, national, and global challenges

Classroom Activity Author

Developed by Jeff Lockwood and WGBH Educational Outreach staff.