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Courts use strict scrutiny in laws that discriminate based on race, national origin, or citizenship status. In Ellerth, there was no question that the alleged harasser, who hired and promoted his victim, was a supervisor. Even threatening speech was now guaranteed, said the Court, unless the state could prove that the advocacy was directed to inciting or producing imminent lawless action and was likely to incite or produce such action. The Senate Select Committee on Intelligence will later report, “The attorney general and the Justice Department were apparently not informed of the FBI’s decision to continue the program.” FBI headquarters informs its field offices, “The fact that the Security Index and Security Index Cards are prepared and maintained should be considered strictly confidential, and should at no time be mentioned or alluded to in investigative reports, or discussed with agencies or individuals outside the bureau other than duly qualified representatives of the Office of Naval Intelligence and the Military Intelligence Division, and then only on a strictly confidential basis.” The FBI maintains a “Security Index” of US citizens that are to be targeted for surveillance and/or detention in the event of a national emergency or war.

Pages: 256

Publisher: Commonwealth Secretariat (May 1, 2000)

ISBN: 0850925770

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