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2019 U. Ill. L. Rev. Online 1 (2019)

handle is hein.journals/uilro2019 and id is 1 raw text is: RELIGIOUS PROFILING: WHEN GOVERNMENT SURVEILLANCE VIOLATES THE FIRST AND FOURTH AMENDMENTS Katelyn Ringrose* INTRODUCTION Government surveillance has a long history in the United States, consist- ently intertwined within the political landscape, with a deep and disparate im- pact on religious minorities. English Separatists, before leaving for America on ships like the Mayflower, were subject to surveillance by government spies af- filiated with the Church of England.1 Government monitoring, however, did not end in the Old World, and numerous American religious groups have since ex- perienced persecution in the form of surveillance pressuring them to abandon their beliefs out of fear and discomfort.2 Religious minorities that have been affected by government monitoring include Fundamentalist Mormons who have been subjected to both state and federal monitoring due to stigma sur- rounding polygamy; the FBI's monitoring and attempted delegitimization of Reverend Martin Luther King, Jr. and other members of the black clergy;4 and the 20th century surveillance of Jewish and Quaker communities.5 Following the attacks on September l1th, 2001, however, no minority community has been as deeply affected as American-Muslims.6 With new technologies performing massive internet dragnets searching for signs of extremism and radicalization in the hopes of preventing terrorism, state sanctioned monitoring of religious groups has reached an unprecedented * J.D. Candidate 2019, University of Notre Dame Law School. 1. See generally John Coffey, A ticklish business: defining heresy and orthodoxy in the Puritan revolu- tion, in HERESAY, LITERATURE AND POLITICS IN EARLY MODERN ENGLISH CULTURE (D. Loewenstein and J. Marshall, eds., 2006). 2. Hassanv. City of N.Y., 804 F.3d 277 (3d Cir. 2015). 3. Reynolds v. United States, 98 U.S. 145 (1878). 4. See Lerone Martin, Bureau Clergyman: How the FBI Colluded with an African American Televange- list to Destroy Dr. Martin Luther King, Jr., 28 REL. & AM. CULTURE: J. INTERPRETATION 1 (2018). 5. The Color of Surveillance: Government Monitoring of Religious Minorities, GEO. L. (2018), https:/ www.law.georgetown.edu/privacy-technology-center/events/color-of-surveillance-2018/. 6. Ashley Moore, American Muslim Minorities. The Now Human Rights Struggle, HUMAN RIGHTS & HUMAN WELFARE 91 (2010), available at https://www.du.edu/korbel/hrhw/researchdigest/minority/Muslim.pdf.

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