Examining the Terror Exception: Terrorism and Commitments to Civil Liberties

Abstract

Faced with the threat of terrorism, many Americans have supported policies aimed at promoting security even when those policies possibly infringe upon civil liberties. To what extent does this policy support constitute a “terror exception” made by citizens who would otherwise seek the preservation of those liberties, and to what extent does it represent a more general rejection of constitutional principles? In order to address this question, attitudes regarding anti-terror policies must be viewed in a broader context. Toward this end, we examine data from a split-ballot experiment included as part of the 2006–2007 Congressional Elections Study. Respondents were asked policy items focused on either terrorism or serious crime. We find that respondents are almost as willing to sacrifice civil liberties to fight crime as to fight terrorism, and that attitudes regarding terrorism and crime policy exhibit considerable structural similarity. These findings cast doubt on the civil libertarian convictions of Americans even outside of the realm of anti-terror policy.