Richard A. Posner

In the following viewpoint, Richard A. Posner contends that in times of crisis nations must weigh public-safety concerns against the protection of civil liberties. According to Posner, the U.S. Constitution allows for flexible interpretations of constitutional provisions for civil liberties, permitting legislators and judges the latitude to constrain freedom when doing so results in more good than harm. The September 11, 2001, terrorist attacks clearly illustrate the need for improving security at the expense of some civil liberties, he contends. Posner is a judge of the U.S. Court of Appeals for the Seventh Circuit and a senior lecturer at the University of Chicago Law School.

As you read, consider the following questions:

1. Why does the author believe that the September 11, 2001, terrorist attacks mandate a restriction of...