Civil Liberties Under Threat: How the League Has Defended Our Constitutional Rights

Next year will mark a quarter-century since the passage of the USA PATRIOT Act, a sweeping piece of legislation enacted in the wake of 9/11. Its goal was to prevent future terrorist attacks. But in doing so, it ushered in an era of expanded government surveillance, diminished transparency, and unchecked executive authority. As we face a new generation of threats to civil liberties, it's worth reflecting on the steadfast role the League of Women Voters has played—then and now—in defending the rule of law.

The League is nonpartisan, but it is never apolitical. As our national leaders have recently declared in the face of executive overreach that a constitutional crisis is underway. That call echoes the League’s principled response to another defining moment in our democratic life: the post-9/11 security state.

A Slow-Burning Civil Liberties Crisis

When the Patriot Act was passed in October 2001, the League immediately recognized the threat it posed to Americans' constitutionally guaranteed freedoms. Our national position on Individual Liberties, first adopted in 1982, states clearly that "these rights should not be weakened or abridged." The Patriot Act, with its vague language, secret searches, and sweeping surveillance powers, did just that.

Beginning in 2003, LWVUS sent letters to Congress expressing concern about the most problematic provisions of the Act and advocating for legislative oversight. The League supported reform bills like the SAFE Act (Security and Freedom Ensured Act) that sought to correct these overreaches while preserving legitimate counter-terrorism efforts. By 2004, our national convention had voted to make civil liberties a top legislative priority.

We also acted on the ground. In 2005, the League launched its "Local Voices" initiative, hosting public forums in ten cities across the U.S. to discuss how communities could balance homeland security with basic freedoms. That same year, the League joined coalitions with groups like the ACLU and Common Cause to challenge both the Patriot Act and proposals like the National Intelligence Reform Act, which further expanded executive surveillance powers.

League Grassroots Advocacy

Local and state Leagues were just as active. In Lee County, Florida, LWV members helped pass a resolution calling on Congress to amend the Act. The League of Women Voters of Wisconsin launched a comprehensive study on the role of state and local governments in protecting liberties. In Utah, our members joined a Senate field hearing hosted by Senator Orrin Hatch, calling for revisions to the law. And in Alaska, the LWV joined a diverse grassroots coalition that worked to support legislation aimed at fixing the Act.

In 2006, the danger of unchecked surveillance hit close to home when the FBI contacted a local League in Michigan after it hosted a forum critical of the Patriot Act. LWVUS President Kay Maxwell responded firmly: "This smacks of intimidation. Citizens can be intimidated when an FBI agent calls and questions their activities."

The Fight Continues

Although key provisions of the Patriot Act have since been curtailed or expired, many of the structures it created remain embedded in our legal and intelligence systems. In the years since, the League has continued to press for transparency and judicial oversight, most notably in the wake of Edward Snowden’s revelations about NSA surveillance. And as recently as 2023, League leadership has drawn connections between post-9/11 executive overreach and today’s troubling signs of constitutional backsliding.

As our democracy is tested again and again, we must remember that the fight for civil liberties is never over. From resisting secret courts and warrantless surveillance to standing against the erosion of First and Fourth Amendment rights, the League has stood firm.

In the words of our Impact on Issues report, "The League believes that democracy depends on informed and active participation in government and requires that governmental bodies protect the constitutional rights of all persons." We will continue to speak out, organize, and educate—because freedom and security must never be in conflict. They must go hand in hand.

Let us draw inspiration from the League’s long legacy of principled leadership. The times demand nothing less.