About the Conversation Topics Conversations on Law and Liberty in Times of Crisis addresses five broad topic areas that range from our understanding of American identity to perceptions of the United States abroad. The topics draw from our historical and contemporary experiences as a nation, seeking to place recent events in the context of our nation's history and compare them to times of crisis we have faced in the past. The topic areas include: American Identity, Culture, and Constitutional Principles Democracy and Debate Civil Liberties in Times of Crisis Prosecuting Terrorism at Home and Abroad Global Perspectives on American Values Starters and Resources Under each topic, you will find a number of conversation "starters" that we have selected to illuminate discrete issues or ideas connected to the topic. The starters are short, easily read texts or images that we hope you will find thought provoking. They have been selected to initiate and help foster conversation and ongoing dialogue among participants. Accompanying each starter is a set of focus questions designed to open discussion about the topic and related issues. We have also identified resources specific to each starter, as well as more general resources for each topic, designed to provide further information or context about the topic area. The starters require no preparation or study by participants in advance of the dialogue, although our suggested resources might be used for such a purpose. Creating Your Own Topic "Pathways" As you explore the topic areas, starters and resources, we believe you will find many connections both within and between topics. You may, of course, organize your conversation around the topic areas and related starters we have identified on this site. We also encourage you to make your own connections and generate your own ideas for conversation topics. We have come up with a few sample topic "pathways" to suggest how you might combine starters from different topics to create your own conversation content. Pathway 1: Symbols of America Pathway 2: Pledging Allegiance Pathway 3: America at War Topic 1: American Identity, Culture, and Constitutional Principles American citizens represent a vast array of ethnic backgrounds, religious beliefs, cultural identifications, and political perspectives. One commentator has described American law as "a common bond among all the various subcultures, a common forum in which to raise and possibly resolve not only legal disputes, but also disputes of a moral and political kind." To what extent does our sense of American identity rest upon a shared commitment to the legal standards and political ideals enshrined in the Constitution? Does the law successfully serve as a common bond, negotiating the tension between national interests and distinct cultural groups, or do we find our sense of "Americanness" elsewhere? This topic explores what it means to be an American, what defines American culture, and how the law "constitutes" us as Americans. Conversation starters for this topic address the following issues: Issue 1: What defines us as Americans? Issue 2: Is law a "secular religion in the United States?" Issue 3: What values do the Statue of Liberty and the poem inscribed on its base represent? Issue 4: What is the history of our Pledge of Allegiance, and how have its words and meaning changed? Issue 5: Should all American citizens be required to take an Oath of Allegiance? Issue 6: How might the experiences of different cultural groups affect perceptions of September 11 and American identity? Issue 7: Might some Americans feel a need to "prove" their American identity more than others? Back to Top Topic 2: Democracy and Debate Times of crisis can serve to unite a nation, requiring concerted efforts to sustain stability and national security. At the same time, the health of our democracy depends upon informed, vigorous debate in our legislatures, media, and other public forums to ensure that we understand the implications of our nation's actions. The right to debate, guaranteed in the First Amendment, has been among the most valued American liberties. This topic area examines the role of debate in our democracy, particularly in times of crisis. The conversation starters for this topic consider: Issue 1: To what extent do free expression and the open exchange of ideas define us as Americans? Issue 2: Does the government have the right to encourage us to express certain beliefs through, for example, daily recitation of the pledge of allegiance? Issue 3: Might the exercise of free speech harm our country? Issue 4: Should there be restrictions on the media's ability to disclose potentially sensitive information to the public? Issue 5: Might there be a heightened obligation to voice criticism of the government in times of crisis? Issue 6: Are certain issues beyond discussion or debate? Issue 7: What might result from the avoidance of discussion or debate? Back to Top Topic 3: Civil Liberties in Times of Crisis A crisis such as a terrorist attack, war, domestic unrest, or economic collapse affects how we as a nation interpret our civil liberties. The terrorist attacks of September 11 are not the first national crisis America has encountered. They do, however, represent an unprecedented act of terrorism and raise new challenges as we seek to protect ourselves against any such future attacks. In the past century alone, our nation has grappled with such prolonged crises as the Depression, World War II, and the Cold War. America's responses to these crises often implicated our civil liberties and arguably affected how we define them today. This topic considers the possible sources of conflict between our civil liberties and our national security needs. Conversation starters for this topic consider the following questions Issue 1: Are the laws defining our liberties absolute? Issue 2: How do increased security needs affect our civil liberties? Issue 3: When might efforts to secure America go too far? Issue 4: Is it permissible to suspend laws protecting individual rights in times of crisis? Back to Top Topic 4: Prosecuting Terrorism at Home and Abroad What is terrorism? Most experts acknowledge that there has been no consensus definition, although this does not mean that there has been any lack of definitions offered. Noting that efforts to establish an internationally acceptable definition of terrorism date back to the League of Nations in the 1930s, a United Nations report concludes, "The lack of agreement on a definition of terrorism has been a major obstacle to meaningful international countermeasures." For many Americans, the attacks on September 11, 2001 have resulted in an unprecedented sense of urgency, a demand that the issues presented by international terrorism and its prosecution must now be addressed. They may also be bringing about a new understanding of America's place in the world today, a global era of interdependent networks. This topic addresses some of the significant legal and civic issues raised by America's prosecution of terrorism. Among the issues raised by the conversation starters are: Issue 1: What is the appropriate response to terrorism? Issue 2: How should we identify suspected terrorists at home? Issue 3: Can the use of military tribunals be justified in a time of crisis? Issue 4: How might our domestic policies affect our ability to prosecute terrorism abroad? Back to Top Topic 5: Global Perspectives on American Values For more than two hundred years, the United States has been engaged in a unique experiment in federal constitutional democracy. For more than one hundred years, we have been a major power on the world stage. Today, we stand as the sole national superpower, but in an increasingly interdependent global age. Throughout our history, people from around the world have come to the United States, and have joined in our American democracy. This topic explores American values in a global context, addressing both our projection of American values abroad and others' perceptions of us. The questions addressed by this topic's conversation starters include: Issue 1: What ideas and values has the Statue of Liberty symbolized, both at home and abroad? Issue 2: What civic values should new citizens affirm? Issue 3: How do our domestic policies affect our standing in the world? Issue 4: What are the essential freedoms for people around the world? Issue 5: How might globalization affect our understanding of national identity and values? Back to Top Note: The views expressed here have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, and accordingly, should not be construed as representing the policy of the American Bar Association, nor do they represent the official position or policies of the ABA Standing Committee on Public Education.