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Whenever America has fought wars, civil liberties are compromised. Led by Hoover, whose career began in the Library of Congress, the FBI has historically conducted questionable surveillance, often spying illegally on American citizens. There is a history of FBI surveillance in the Academy, including surveillance in libraries. Researchers, students, and librarians have been the subjects of FBI surveillance efforts. Today, the Patriot Act has reignited concerns about FBI surveillance in academic institutions. Librarians have often led the fight against limits imposed on accessing information. This is a short history of the conflict between the Academia and FBI surveillance.

At a time when governmental corruption seems rife and administrations grow ever more secretive, the whistleblower is a crucial resource in journalism’s attempts to make accountable those who wield power. Yet despite legislation that is meant to protect employees and officials who expose wrongdoing, a governmental “war on whistleblowers” has made the hazards faced by many whistleblowers increasingly grim. This chapter explores the role of the journalist/whistleblower collaboration in disclosing important, but sensitive, information involving national security. In discussing case studies of those who have braved the government’s anger, we examine not only the circumstances of these breaches, but also their political and legal repercussions.

Since the early years of the Cold War, two countervailing trends have been present in the treatment of officially held information in the United States. On the one hand, as the foundations of U.S. information policy were being set after World War II, wartime practices were remade and made permanent in a crisis atmosphere, with the establishment of a classification system (essentially the same one used to this day) by executive order, as well, as the passage of the Atomic Energy Act in 1946 and the National Security Act in 1947. However, even as the practice of official secrecy took root, the United States took the lead in formalizing standards of openness by statute, beginning with the 1946 passage of the Administrative Procedures Act and culminating in the passage (and 1974 strengthening) of the Freedom of Information Act. This article traces the development of U.S. information policy since World War II and describes the impact of official secrecy on decision making and democratic practice more generally.

The television series The Americans succeeds as a family drama, crime drama, and political drama. Criminal law offers a useful perspective for interpreting the series. By examining the post-finale criminal liability of two key characters, daughter Paige Jennings and FBI agent Stan Beeman, this chapter provides some novel insights into the characters, their motivations, and the events in the last season of the series. The legal analysis also uncovers some ironies. Most notably, Paige’s legal vulnerability will put her in a moral dilemma because her best way of avoiding a lengthy prison term is to provide evidence against Stan, punishing him for letting her and her parents go.

This chapter explores the laws and unique challenges associated with the investigation and prosecution of cybercrime. Crimes that involve the misuse of computers (e.g., hacking, denial of service, and ransomware attacks) and criminal activity that uses computers to commit the act are both covered (e.g., fraud, theft, and money laundering). This chapter also describes the roles of the various federal agencies involved in investigating cybercrime, common cybercrime terms and trends, the statutes frequently used to prosecute cybercrimes, and the challenges and complexity of investigating cybercrime.

In The Americans, Philip and Elizabeth Jennings are undercover operatives for the Soviet Union. In that capacity, they are responsible for crimes including murder and espionage. Yet they also pose as a law-abiding family, running a small business, raising children, and making friends with their neighbours. By ‘practicing’ American life, Philip becomes more American, forging an identity more receptive to American values and attitudes. This chapter draws on concepts from the literature on legal consciousness to examine the relationship between identity and hegemony. Studies of legal consciousness emphasise that consciousness is not simply legal attitudes or even ideology; rather legal consciousness is reflected in the way that people enact their legal beliefs and values. Those enactments help individuals form identities, but those identities are constrained by the hegemonic ideologies that are prevalent in the culture. Law and legal consciousness are important to both processes.

In this article, I trace the slow evolution of the contemporary idea of “academic freedom” through two court cases of the early twentieth century. Unfortunately for academics, this history does not end with a ringing endorsement of the right of academics to speak freely without being afraid of losing their teaching jobs. Rather, the courts have tended to agree that while faculty do have freedom of speech under the first amendment, they do not necessarily have the right to keep their jobs no matter what they say. This chapter illustrates the court’s early validation of punishing the “free speech” of employees if it promotes a “bad tendency” in Patterson v. Colorado in 1907 and concludes with Oliver Wendell Holmes’ ruling in 1919 that introduces the concept of the “marketplace of ideas” to evaluate speech even though the defendants were convicted of espionage as they exercised their “freedom of speech.” For the educator, freedom of speech is essential in having the academic freedom to pursue their discipline.