Freedom of Assembly

It was revealed that the FBI has been collecting information on antiwar demonstrators. Its October 15, 2003, memo asks local law enforcement to report "potentially illegal acts" to the nearest Joint Terrorism Task Force. The FBI's listing of what constitutes suspicious behavior shows how broad "domestic terrorism" may become: rehearsing for demonstrations, raising money via the Internet, and acquiring gas masks in case tear gas is used. Police in some cities may consider the mere act of demonstrating against a war to be suspicious activity that warrants additional investigation by counterterrorism forces. In February 2004, the DOJ issued subpoenas to members of a university group involved in anti-war demonstrations. After large public opposition, the subpoenas were dropped.

The Congressional Quarterly reported that in March 2004, Washington, D.C. police used undercover officers "to infiltrate political organizations in the absence of criminal activity" and "failed to acknowledge and protect individuals' rights to privacy, free speech and assembly." New York and other cities have also collected information on peaceful protesters.

"The F.B.I. is dangerously targeting Americans who are engaged in nothing more than lawful protest and dissent. The line between terrorism and legitimate civil disobedience is blurred, and I have a serious concern about whether we're going back to the days of Hoover...What the F.B.I. regards as potential terrorism strikes me as civil disobedience." -- Anthony Romero, executive director of the American Civil Liberties Union