The Corner

Patriot Facts

Orin Kerr writes about the widespread misunderstandings of the Patriot Act–misunderstandings that he has done more than anyone to clear up. He also asks whether those misunderstandings are a good or a bad thing. The case that they are a good thing is that false fears will help avert real dangers of government overreach. I think that the most charitable (and accurate) interpretation of John Ashcroft’s famous “phantoms of lost liberty” testimony is that he was denying precisely that proposition. I also think Ashcroft is right.

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