Fritz Allhoff, “Liberty and Security: A Balanced Approach,” Journal of Law and Public Affairs 1.3 (2018): 58-91.
Abstract: This article considers the relationship between liberty and security, proposing a balancing approach to make adjudications when they conflict. The theoretical framework is developed in § 1, then applied in § 2 to the USA PATRIOT Act and aviation security, two archetypical post-9/11 restrictions on liberty for the sake of security. To understand whether restrictions on liberties can be justified, the costs of security—or its absence—must be understood; this discussion is offered in § 3, with a focus on the costs of terrorism and counterterrorism. § 4 uses these results to argue against critics of the balancing approach, most notably Jeremy Waldron.