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169-402: Between 1936 and 1941, the subcommittee published exhaustive hearings and reports on the use of industrial espionage , private police agencies, strikebreaking services, munitions in industrial warfare, and employers' associations to break strikes and to disrupt legal union activities in other ways. Robert M. La Follette Jr. , a Republican and Progressive Party senator from Wisconsin , chaired

338-576: A zero-day attack , exploiting a weakness in the Microsoft Internet Explorer browser, the malware used being a modification of the trojan "Hydraq". Concerned about the possibility of hackers taking advantage of this previously unknown weakness in Internet Explorer, the governments of Germany and, subsequently France, issued warnings not to use the browser. There was speculation that "insiders" had been involved in

507-405: A "patsy", an insider can be induced, willingly or under duress, to provide information. A patsy may be initially asked to hand over inconsequential information and, once compromised by committing a crime, blackmailed into handing over more sensitive material. Individuals may leave one company to take up employment with another and take sensitive information with them. Such apparent behavior has been

676-628: A 2020 American Economic Review study, East German industrial espionage in West Germany significantly reduced the gap in total factor productivity between the two countries. A secret report from the Military-Industrial Commission of the USSR (VPK), from 1979–80, detailed how spetsinformatsiya ( Russian : специнформация , "special records") could be utilised in twelve different military industrial areas. Writing in

845-563: A State nor the Federal Government can constitutionally force a person 'to profess a belief or disbelief in any religion.' Neither can it constitutionally pass laws or impose requirements which aid all religions as against non-believers, and neither can it aid those religions based on a belief in the existence of God as against those religions founded on different beliefs. At the core of the Establishment Clause lays

1014-402: A backing to communism and became resented by those harboring anti-union ideals. Aside from employers, local law enforcement agencies, and growers showing a lack in intimidation from the committee, Republican attorney general Earl Warren demonstrated strong opposition by supporting law enforcement in resisting subpoenas. Despite strong resentment to the committee's efforts, it succeeded in depicting

1183-682: A capricious right, i.e. universal, broad, and deep—though not absolute. Justice Field put it clearly in Davis v. Beason (1890): "However free the exercise of religion may be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation." Furthermore, the Supreme Court in Employment Division v. Smith made clear that "the right of free exercise does not relieve an individual of

1352-603: A community may not suppress, or the state tax, the dissemination of views because they are unpopular, annoying or distasteful. If that device were ever sanctioned, there would have been forged a ready instrument for the suppression of the faith which any minority cherishes but which does not happen to be in favor. That would be a complete repudiation of the philosophy of the Bill of Rights . In his dissenting opinion in McGowan v. Maryland (1961), Justice William O. Douglas illustrated

1521-865: A concern for governments, due to potential attacks by hostile foreign governments or terrorist groups. One of the means of perpetrators conducting industrial espionage is by exploiting vulnerabilities in computer software. Malware and spyware are "tool[s] for industrial espionage", in "transmitting digital copies of trade secrets, customer plans, future plans and contacts". Newer forms of malware include devices which surreptitiously switch on mobile phones camera and recording devices. In attempts to tackle such attacks on their intellectual property, companies are increasingly keeping important information "off network," leaving an "air gap", with some companies building Faraday cages to shield from electromagnetic or cellphone transmissions. The distributed denial of service (DDoS) attack uses compromised computer systems to orchestrate

1690-501: A crisis. This means that rather than instinctively reaching for human, on-site spying, the United States will want to look to those impersonal technical systems, primarily satellite photography and intercepts". Former CIA Director James Woolsey acknowledged in 2000 that the United States steals economic secrets from foreign firms and their governments "with espionage, with communications, with reconnaissance satellites". He listed

1859-670: A double protection, for it is a shield not only against outright prohibitions with respect to the free exercise of religion, but also against penalties on the free exercise of religion and against indirect governmental coercion. Relying on Employment Division v. Smith (1990) and quoting from Church of the Lukumi Babalu Aye, Inc. v. Hialeah (1993) the Supreme Court stated in Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) that religious observers are protected against unequal treatment by virtue of

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2028-419: A double security, for its aim is as well the prevention of religious control over government as the prevention of political control over religion. The First Amendment's framers knew that intertwining government with religion could lead to bloodshed or oppression, because this happened too often historically. To prevent this dangerous development they set up the Establishment Clause as a line of demarcation between

2197-652: A flood of requests on the target system, causing it to shut down and deny service to other users. It could potentially be used for economic or industrial espionage with the purpose of sabotage. This method was allegedly utilized by Russian secret services, over a period of two weeks on a cyberattack on Estonia in May 2007, in response to the removal of a Soviet era war memorial. In 1848, the British East India Company broke Qing China 's global near- monopoly on tea production by smuggling Chinese tea out of

2366-460: A foundation for their exercise," and claimed, "that a person possess certain rights of free speech and assembly under the Constitution which must be observed, regardless of his political affiliations, no matter how strongly these political affiliations may be proved". In an effort to utilize the federal government in defending civil liberties, La Follette introduced S.1970 in an effort to remove

2535-543: A guided tour of a factory and then get "lost". A spy could be an engineer, a maintenance man, a cleaner, an insurance salesman, or an inspector: anyone who has legitimate access to the premises. A spy may break into the premises to steal data and may search through waste paper and refuse, known as "dumpster diving". Information may be compromised via unsolicited requests for information, marketing surveys, or use of technical support or research or software facilities. Outsourced industrial producers may ask for information outside

2704-742: A legal arrangement with the CIO, the La Follette Committee received wide spread acknowledgment and credit. Although it brought massive amounts of testimony which linked the succumbing of constitutional rights to anti-union policy, the findings of the La Follette Committee had already been previously noted by the Industrial Relations Commission's investigations predating World War I and the Interchurch World Movement analysis in 1919. Despite this,

2873-582: A literary but clarifying metaphor for the separation of religions from government and vice versa as well as the free exercise of religious beliefs that many Founders favored. Through decades of contentious litigation, the precise boundaries of the mandated separation have been adjudicated in ways that periodically created controversy. Speech rights were expanded significantly in a series of 20th and 21st century court decisions which protected various forms of political speech, anonymous speech, campaign finance , pornography, and school speech ; these rulings also defined

3042-589: A million such targets. These lists have been subject of controversy as in 2008 it was revealed that they contained some terms targeting the European Aeronautic Defence and Space Company (EADS), the Eurocopter project as well as French administration, which were first noticed by BND employees in 2005. After the revelations made by whistleblower Edward Snowden, the BND decided to investigate

3211-451: A particular firm and feed back data. Whilst China was identified as the country most active in the use of internet spying, up to 120 other countries were said to be using similar techniques. The Chinese government responded to UK accusations of economic espionage by saying that the report of such activities was 'slanderous' and that the government opposed hacking which is prohibited by law. German counter-intelligence experts have maintained

3380-569: A product called Chordiant Marketing Director. Yue previously filed lawsuits against Symantec Corporation for a similar theft. Revelations from the Snowden documents have provided information to the effect that the United States, notably vis-à-vis the NSA, has been conducting aggressive economic espionage against Brazil . Canadian intelligence has apparently supported U.S. economic espionage efforts. The Chinese cybersecurity company Qihoo 360 accused

3549-508: A religious capacity to exercise governmental power; or for the government to extend benefits to some religious entities and not others without adequate secular justification. Originally, the First Amendment applied only to the federal government, and some states continued official state religions after ratification. Massachusetts , for example, was officially Congregational until the 1830s. In Everson v. Board of Education (1947),

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3718-457: A religious observance compulsory. It may not coerce anyone to attend church, to observe a religious holiday, or to take religious instruction. But it can close its doors or suspend its operations as to those who want to repair to their religious sanctuary for worship or instruction." In McCreary County v. American Civil Liberties Union (2005) the Court explained that when the government acts with

3887-485: A repugnant belief, Torcaso v. Watkins , 367 U. S. 488; nor penalize or discriminate against individuals or groups because they hold religious views abhorrent to the authorities, Fowler v. Rhode Island , 345 U. S. 67; nor employ the taxing power to inhibit the dissemination of particular religious views, Murdock v. Pennsylvania , 319 U. S. 105; Follett v. McCormick , 321 U. S. 573; cf. Grosjean v. American Press Co. , 297 U. S. 233." The Free Exercise Clause offers

4056-686: A resolution by Key Pittman of Nevada; referring to the findings of the committee, Joseph Robinson added an amendment that rebuked any attempts at denying collective bargaining by employers and denounced their utilization of unfair labor practices. With the newly added amendment, a 75–3 vote approved the Pittman resolution by the Senate. [REDACTED] Media related to La Follette Civil Liberties Committee at Wikimedia Commons Industrial espionage Industrial espionage , also known as economic espionage , corporate spying , or corporate espionage ,

4225-538: A series of exceptions to First Amendment protections . The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation. The Free Press Clause protects publication of information and opinions, and applies to

4394-473: A significant aspect of the committee's investigation. With its findings from the West Coast investigation, the committee found the economic interests of the employers to be guiding their actions in denying constitutional rights to their employees. As a result, the committee appealed to the government to intervene in the nation's economic existence in order to "preserve these [constitutional] rights and provide

4563-555: A sustained organized way. The rising use of the internet has also extended opportunities for industrial espionage with the aim of sabotage. In the early 2000s, energy companies were increasingly coming under attack from hackers. Energy power systems, doing jobs like monitoring power grids or water flow, once isolated from the other computer networks, were now being connected to the internet, leaving them more vulnerable, having historically few built-in security features. The use of these methods of industrial espionage have increasingly become

4732-404: A wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint —pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause,

4901-677: A widely held consensus that there should be no nationally established church after the American Revolutionary War . Against this background the National Constitution Center states: Virtually all jurists agree that it would violate the Establishment Clause for the government to compel attendance or financial support of a religious institution as such, for the government to interfere with a religious organization's selection of clergy or religious doctrine; for religious organizations or figures acting in

5070-432: Is "an establishment of religion." The term "establishment" denoted in general direct aid to the church by the government. In Larkin v. Grendel's Den, Inc. (1982) the Supreme Court stated that "the core rationale underlying the Establishment Clause is preventing 'a fusion of governmental and religious functions,' Abington School District v. Schempp , 374 U. S. 203, 374 U. S. 222 (1963)." The Establishment Clause acts as

5239-481: Is "the right of all persons to believe, speak, and act – individually and in community with others, in private and in public – in accord with their understanding of ultimate truth." The acknowledgement of religious freedom as the first right protected in the Bill of Rights points toward the American founders' understanding of the importance of religion to human, social, and political flourishing. Freedom of religion

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5408-410: Is a form of espionage conducted for commercial purposes instead of purely national security . While political espionage is conducted or orchestrated by governments and is international in scope, industrial or corporate espionage is more often national and occurs between companies or corporations . Economic or industrial espionage takes place in two main forms. In short, the purpose of espionage

5577-473: Is a useful metaphor, but is not an accurate description of the practical aspects of the relationship that in fact exists. The Constitution does not require complete separation of church and state; it affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any." The acknowledgement of religious freedom as the first right protected in the Bill of Rights points toward

5746-490: Is absolute. Federal or state legislation cannot therefore make it a crime to hold any religious belief or opinion due to the Free Exercise Clause. Legislation by the United States or any constituent state of the United States which forces anyone to embrace any religious belief or to say or believe anything in conflict with his religious tenets is also barred by the Free Exercise Clause. Against this background,

5915-414: Is also demonstrated by a number of profiling studies, some government, some corporate. The United States government currently has a polygraph examination entitled the "Test of Espionage and Sabotage" (TES), contributing to the notion of the interrelationship between espionage and sabotage countermeasures. In practice, particularly by "trusted insiders", they are generally considered functionally identical for

6084-499: Is generally identified as state backed or sponsored, because the "access to personal, financial or analytic resources" identified exceed that which could be accessed by cyber criminals or individual hackers. Sensitive military or defense engineering or other industrial information may not have immediate monetary value to criminals, compared with, say, bank details. Analysis of cyberattacks suggests deep knowledge of networks, with targeted attacks, obtained by numerous individuals operating in

6253-450: Is known to be one of the world's most targeted areas for espionage, though any industry with information of use to competitors may be a target. Information can make the difference between success and failure; if a trade secret is stolen, the competitive playing field is leveled or even tipped in favor of a competitor. Although a lot of information-gathering is accomplished legally through competitive intelligence, at times corporations feel

6422-468: Is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable", the court wrote. "Judicial caveats against entanglement must recognize that the line of separation, far from being a 'wall', is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship." After the Supreme Court ruling in the coach praying case of Kennedy v. Bremerton School District (2022),

6591-610: Is not, a reflection of current policy or operations". In September 2019, security firm Qi An Xin published report linking the CIA to a series of attacks targeting Chinese aviation agencies between 2012 and 2017. Israel has an active program to gather proprietary information within the United States. These collection activities are primarily directed at obtaining information on military systems and advanced computing applications that can be used in Israel's sizable armaments industry. Israel

6760-469: Is protected by the First Amendment through its Establishment Clause and Free Exercise Clause , which together form the religious liberty clauses of the First Amendment. The first clause prohibits any governmental "establishment of religion" and the second prohibits any governmental interference with "the free exercise thereof." These clauses of the First Amendment encompass "the two big arenas of religion in constitutional law . Establishment cases deal with

6929-428: Is sometimes considered to have conducted an early case of industrial espionage. Historical accounts have been written of industrial espionage between Britain and France . Attributed to Britain's emergence as an "industrial creditor", the second decade of the 18th century saw the emergence of a large-scale state-sponsored effort to surreptitiously take British industrial technology to France. Witnesses confirmed both

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7098-508: Is time enough for the rightful purposes of civil government for its officers to interfere [only] when [religious] principles break out into overt acts against peace and good order.' In these two sentences is found the true distinction between what properly belongs to the church and what to the State. Reynolds was the first Supreme Court decision to use the metaphor "a wall of separation between Church and State." American historian George Bancroft

7267-445: Is to gather knowledge about one or more organizations. It may include the acquisition of intellectual property , such as information on industrial manufacture, ideas, techniques and processes, recipes and formulas. Or it could include sequestration of proprietary or operational information, such as that on customer datasets, pricing, sales, marketing, research and development, policies, prospective bids, planning or marketing strategies or

7436-720: The Articles of Confederation , a Constitutional Convention in Philadelphia proposed a new constitution on September 17, 1787, featuring among other changes a stronger chief executive. George Mason , a Constitutional Convention delegate and the drafter of Virginia's Declaration of Rights, proposed that the Constitution include a bill of rights listing and guaranteeing civil liberties . Other delegates—including future Bill of Rights drafter James Madison —disagreed, arguing that existing state guarantees of civil liberties were sufficient and any attempt to enumerate individual rights risked

7605-559: The Belgian Sûreté de l'État . He revealed information about industrial espionage conducted by the ring, including the fact that Russian agents had obtained details of Concorde 's advanced electronics system. He testified against two Kodak employees, living and working in Britain, during a trial in which they were accused of passing information on industrial processes to him, though they were eventually acquitted. According to

7774-547: The Bulletin of the Atomic Scientists , Philip Hanson detailed a spetsinformatsiya system in which 12 industrial branch ministries formulated requests for information to aid technological development in their military programs. Acquisition plans were described as operating on 2-year and 5-year cycles with about 3000 tasks underway each year. Efforts were aimed at civilian and military industrial targets, such as in

7943-509: The Lemon test , declaring that an action was an establishment if: The Lemon test has been criticized by justices and legal scholars, but it has remained the predominant means by which the Court enforced the Establishment Clause. In Agostini v. Felton (1997), the entanglement prong of the Lemon test was converted to simply being a factor in determining the effect of the challenged statute or practice. In Zelman v. Simmons-Harris (2002),

8112-535: The United States in 1789. In order to catch up with technological advances of European powers, the US government in the eighteenth and nineteenth centuries actively encouraged intellectual piracy. American founding father and first U.S. Treasury Secretary Alexander Hamilton advocated rewarding those bringing "improvements and secrets of extraordinary value" into the United States. This was instrumental in making

8281-527: The Virginia colonial legislature passed a Declaration of Rights that included the sentence "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments." Eight of the other twelve states made similar pledges. However, these declarations were generally considered "mere admonitions to state legislatures", rather than enforceable provisions. After several years of comparatively weak government under

8450-428: The petrochemical industries . Some information was gathered to compare Soviet technological advancement with that of their competitors. Much unclassified information was also gathered, blurring the boundary with "competitive intelligence". The Soviet military was recognised as making much better use of acquired information than civilian industries, where their record in replicating and developing industrial technology

8619-487: The precedent "that laws affecting certain religious practices do not violate the right to free exercise of religion as long as the laws are neutral, generally applicable, and not motivated by animus to religion." To accept any creed or the practice of any form of worship cannot be compelled by laws, because, as stated by the Supreme Court in Braunfeld v. Brown (1961), the freedom to hold religious beliefs and opinions

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8788-736: The sovereign in religious activity . The Establishment Clause thus serves to ensure laws, as said by Supreme Court in Gillette v. United States (1970), which are "secular in purpose, evenhanded in operation, and neutral in primary impact". The First Amendment's prohibition on an establishment of religion includes many things from prayer in widely varying government settings over financial aid for religious individuals and institutions to comment on religious questions. The Supreme Court stated in this context: "In these varied settings, issues of about interpreting inexact Establishment Clause language, like difficult interpretative issues generally, arise from

8957-775: The 1980s. BYTE reported in April 1984, for example, that although the Soviets sought to develop their own microelectronics, their technology appeared to be several years behind the West's. Soviet CPUs required multiple chips and appeared to be close or exact copies of American products such as the Intel 3000 and DEC LSI-11/2 . Some of these activities were directed via the East German Stasi (Ministry for State Security). One such operation, "Operation Brunnhilde," operated from

9126-534: The 2009 cyber attack on Google , Joe Stewart of SecureWorks referred to a "persistent campaign of 'espionage-by-malware' emanating from the People's Republic of China (PRC)" with both corporate and state secrets being "Shanghaied". The Northrop Grumman report states that the collection of US defense engineering data stolen through cyberattacks is regarded as having "saved the recipient of the information years of R&D and significant amounts of funding". Concerns about

9295-512: The Amendment's intent. Congress approved and submitted to the states for their ratification twelve articles of amendment on September 25, 1789. The revised text of the third article became the First Amendment, because the last ten articles of the submitted 12 articles were ratified by the requisite number of states on December 15, 1791, and are now known collectively as the Bill of Rights . Religious liberty, also known as freedom of religion,

9464-726: The American founders' understanding of the importance of religion to human, social, and political flourishing. The First Amendment makes clear that it sought to protect "the free exercise" of religion, or what might be called "free exercise equality." Free exercise is the liberty of persons to reach, hold, practice and change beliefs freely according to the dictates of conscience. The Free Exercise Clause prohibits governmental interference with religious belief and, within limits, religious practice. "Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order." The clause withdraws from legislative power, state and federal ,

9633-540: The Central Intelligence Agency of the United States of an 11-year-long hacking campaign that targeted several industries including aviation organizations, scientific research institutions, petroleum firms, internet companies, and government agencies. A 2009 report to the US government, by aerospace and defense company Northrop Grumman , describes Chinese economic espionage as comprising "the single greatest threat to U.S. technology". Blogging on

9802-485: The Constitution in states where popular sentiment was against ratification (including Virginia, Massachusetts, and New York) successfully proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights. The U.S. Constitution was eventually ratified by all thirteen states. In the 1st United States Congress , following the state legislatures' request, James Madison proposed twenty constitutional amendments, and his proposed draft of

9971-501: The Constitution's ban on Congress endorsing, promoting or becoming too involved with religion. Free exercise cases deal with Americans' rights to practice their faith." Both clauses sometimes compete with each other. The Supreme Court in McCreary County v. American Civil Liberties Union (2005) clarified this by the following example: When the government spends money on the clergy, then it looks like establishing religion, but if

10140-406: The Court concluded that "government should not prefer one religion to another, or religion to irreligion." In a series of cases in the first decade of the 2000s— Van Orden v. Perry (2005), McCreary County v. ACLU (2005), and Salazar v. Buono (2010) —the Court considered the issue of religious monuments on federal lands without reaching a majority reasoning on the subject. Everson used

10309-457: The Court has also ruled that the amendment implicitly protects freedom of association . Although the First Amendment applies only to state actors , there is a common misconception that it prohibits anyone from limiting free speech, including private, non-governmental entities. Moreover, the Supreme Court has determined that protection of speech is not absolute. Congress shall make no law respecting an establishment of religion, or prohibiting

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10478-726: The East India Company hired Scottish botanist Robert Fortune to travel to China under the guise of a Chinese nobleman and obtain Chinese trade secrets and tea plants for replanting. Infiltrating Chinese tea-making facilities, Fortune recorded the Chinese process for creating tea and smuggled tea leaves and seeds back to the East India Company. The East India Company later introduced these methods to company-ruled India , using India to compete and surpass China in tea production. Between 1987 and 1989, IBM and Texas Instruments were thought to have been targeted by French DGSE with

10647-519: The Establishment Clause and the Free Exercise Clause. Burger's successor, William Rehnquist , called for the abandonment of the "wall of separation between church and State" metaphor in Wallace v. Jaffree (1985), because he believed this metaphor was based on bad history and proved itself useless as a guide to judging. David Shultz has said that accommodationists claim the Lemon test should be applied selectively. As such, for many conservatives ,

10816-404: The Establishment Clause solely prevents the establishment of a state church , not public acknowledgements of God nor 'developing policies that encourage general religious beliefs that do not favor a particular sect and are consistent with the secular government's goals'. In Lynch v. Donnelly (1984), the Supreme Court observed that the "concept of a "wall" of separation between church and state

10985-513: The Field , exposing California's working conditions to the country, the La Follette Committee was given further incentive to investigate the West Coast. The results were testimonies being held in newly opened offices in the cities of Los Angeles and San Francisco. Despite La Follette urging his investigative team to search for infringements on constitutional rights of workers rather than the political affiliations of employers, his work became deemed as

11154-766: The First Amendment applied only to laws enacted by the Congress , and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation —through the Due Process Clause of the Fourteenth Amendment . In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson 's correspondence to call for "a wall of separation between church and State",

11323-401: The First Amendment read as follows: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed. The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of

11492-481: The Free Exercise Clause and laws which target the religious for "special disabilities" based on their "religious status" must be covered by the application of strict scrutiny . In Reynolds v. United States (1878), the Supreme Court found that while laws cannot interfere with religious belief and opinions, laws can regulate religious practices like human sacrifice or the obsolete Hindu practice of suttee . The Court stated that to rule otherwise, "would be to make

11661-416: The Free Exercise Clause to the states. While the right to have religious beliefs is absolute, the freedom to act on such beliefs is not absolute. Religious freedom is a universal right of all human beings and all religions, providing for the free exercise of religion or free exercise equality . Due to its nature as fundamental to the American founding and to the ordering of human society, it is rightly seen as

11830-510: The General Motors plant in 1934, was reported as having at least several spies in the union's executive board. Within two years, membership of the union dropped to merely 120. The committee affirmed that through the employment of espionage, employees became subjugated to private corporations and were denied constitutional rights. The committee revealed that when espionage failed to prevent unionism, employers also exploited workers through

11999-576: The German division of General Motors , accused Volkswagen of industrial espionage after Opel's chief of production, Jose Ignacio Lopez, and seven other executives moved to Volkswagen. Volkswagen subsequently threatened to sue for defamation, resulting in a four-year legal battle. The case, which was finally settled in 1997, resulted in one of the largest settlements in the history of industrial espionage, with Volkswagen agreeing to pay General Motors $ 100 million and to buy at least $ 1 billion of car parts from

12168-497: The German economy is losing around €53 billion or the equivalent of 30,000 jobs to economic espionage yearly. In Operation Eikonal , German BND agents received "selector lists" from the NSA – search terms for their dragnet surveillance. They contain IP addresses, mobile phone numbers and email accounts with the BND surveillance system containing hundreds of thousands and possibly more than

12337-456: The La Follette Committee declared, weakens unions and "incites to violence, preaches strikes, inflames the hot-headed and leads the union to disaster". Detective agencies and those utilizing industrial espionage resorted to the protection against radicalism, exposure of theft, deterrence of sabotage, and improvement of labor-management relations as justification of their actions. The Federal Union of Automobile Workers, consisting of 26,000 members in

12506-580: The Lemon Test may have been replaced or complemented with a reference to historical practices and understandings. Accommodationists , in contrast, argue along with Justice William O. Douglas that "[w]e are a religious people whose institutions presuppose a Supreme Being." Furthermore, as observed by Chief Justice Warren E. Burger in Walz v. Tax Commission of the City of New York (1970) with respect to

12675-667: The NLRB, began the La Follette Committee and was its conspirator for four years. A subcommittee then became established as the chairman of the Committee on Education and Labor, Senator Elbert Thomas of Utah, appointed Wisconsin Senator La Follette Jr. to manage the organization. Labeled "Son of the Wild Jackass," and with a prominent politician as a brother, the reputation of La Follette Jr.'s family preceded him. As

12844-429: The State regulates conduct by enacting a general law within its power, the purpose and effect of which is to advance the State's secular goals, the statute is valid despite its indirect burden on religious observance unless the State may accomplish its purpose by means which do not impose such a burden. In Cantwell v. Connecticut (1940), the Court held that the Due Process Clause of the Fourteenth Amendment applied

13013-455: The Supreme Court incorporated the Establishment Clause (i.e., made it apply against the states): The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another   ... in the words of Jefferson, the [First Amendment] clause against establishment of religion by law

13182-566: The Supreme Court further observed: "Government may not finance religious groups nor undertake religious instruction nor blend secular and sectarian education nor use secular institutions to force one or some religion on any person. But we find no constitutional requirement which makes it necessary for government to be hostile to religion and to throw its weight against efforts to widen the effective scope of religious influence. The government must be neutral when it comes to competition between sects. It may not thrust any sect on any person. It may not make

13351-436: The Supreme Court used these words to declare that "it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured. Congress was deprived of all legislative power over mere [religious] opinion, but was left free to reach [only those religious] actions which were in violation of social duties or subversive of good order." Quoting from Jefferson's Virginia Statute for Religious Freedom

13520-655: The United Automobile Workers' (UAW) strikes (Auerbach 14). Accounts of spies infiltrating the UAW were disclosed at the hearing, as fifty-two members were reported as spies, relaying unionization efforts to those they worked for. Although word of the approval of the La Follette's investigation motivated the GM labor-relations director to hide all traces of the company's involvement with the union, mainly by erasing

13689-542: The United States a haven for industrial spies. East-West commercial development opportunities after World War I saw a rise in Soviet interest in American and European manufacturing know-how, exploited by Amtorg Corporation . Later, with Western restrictions on the export of items thought likely to increase military capabilities to the USSR , Soviet industrial espionage was a well known adjunct to other spying activities up until

13858-588: The advancement of organized laborers. The committee's intentions lay in preserving the rights of the worker when denied by employers, and in 1937, found industrial espionage to be a common tool employed against unions. From "motion-picture producers to steel makers," the enormous number of companies resorting to espionage, reported the La Follette Committee, prevented the practice of collective bargaining between companies and employees. Spies of corporations befriended victims into creating reports which they used to forewarn employers of potential strikes and assemblies. Spying,

14027-488: The agreed-upon contract. Computers have facilitated the process of collecting information because of the ease of access to large amounts of information through physical contact or the Internet. Economic and industrial espionage has a long history. Father Francois Xavier d'Entrecolles , who visited Jingdezhen , China in 1712 and later used this visit to reveal the manufacturing methods of Chinese porcelain to Europe,

14196-513: The attack, with some Google China employees being denied access to the company's internal networks after the company's announcement. In February 2010, computer experts from the U.S. National Security Agency claimed that the attacks on Google probably originated from two Chinese universities associated with expertise in computer science, Shanghai Jiao Tong University and the Shandong Lanxiang Vocational School ,

14365-571: The benefit of Chinese "national champions". In Google's case, they may have (also) been concerned about the possible misappropriation of source code or other technology for the benefit of Chinese rival Baidu . In March 2010 Google subsequently decided to cease offering censored results in China, leading to the closing of its Chinese operation. The United States charged two former NetLogic Inc. engineers, Lan Lee and Yuefei Ge, of committing economic espionage against TSMC and NetLogic, Inc. A jury acquitted

14534-510: The best way to get information is to take it. Economic or industrial espionage is a threat to any business whose livelihood depends on information. In recent years, economic or industrial espionage has taken on an expanded definition. For instance, attempts to sabotage a corporation may be considered industrial espionage; in this sense, the term takes on the wider connotations of its parent word. That espionage and sabotage (corporate or otherwise) have become more clearly associated with each other

14703-443: The boundaries between church and state must therefore answer a difficult question: Why would we trade a system that has served us so well for one that has served others so poorly? -- Justice Sandra Day O'Connor in her concurring opinion in McCreary County v. American Civil Liberties Union (2005). The First Amendment tolerates neither governmentally established religion nor governmental interference with religion. One of

14872-434: The broad protections offered by the First Amendment's religious liberty clauses: The First Amendment commands government to have no interest in theology or ritual; it admonishes government to be interested in allowing religious freedom to flourish—whether the result is to produce Catholics , Jews, or Protestants , or to turn the people toward the path of Buddha , or to end in a predominantly Moslem nation, or to produce in

15041-420: The central purposes of the First Amendment, the Supreme Court wrote in Gillette v. United States (1970), consists "of ensuring governmental neutrality in matters of religion." The history of the Establishment Clause and the Free Exercise Clause and the Supreme Court's own constitutional jurisprudence with respect to these clauses was explained in the 1985 case Wallace v. Jaffree . The Supreme Court noted at

15210-670: The changing compositions and locations of production. It may describe activities such as theft of trade secrets , bribery , blackmail and technological surveillance. As well as orchestrating espionage on commercial organizations, governments can also be targets – for example, to determine the terms of a tender for a government contract. Economic and industrial espionage is most commonly associated with technology-heavy industries, including computer software and hardware, biotechnology , aerospace , telecommunications , transportation and engine technology, automobiles , machine tools , energy , materials and coatings and so on. Silicon Valley

15379-444: The committee's success and notoriety exceeded previous investigative organizations because of its affiliations with the CIO. However, its continued existence was not guaranteed and its affiliations with a larger, more well known association, such as the CIO, was necessary for its accomplishments. Similarly, the CIO had no way of securing itself a victory over oppressive labor practices, and the mutually beneficial associations shared among

15548-854: The committee. The committee investigated the five largest detective agencies: the Pinkerton National Detective Agency , the William J. Burns International Detective Agency , the National Corporation Service, the Railway Audit and Inspection Company and the Corporations Auxiliary Company . Most of the agencies subpoenaed, including the Pinkerton Agency, attempted to destroy their records before receiving

15717-508: The company over 7 years, although it did not explicitly apologize for Lopez's behavior. In April 2009, Starwood accused its rival Hilton Worldwide of a "massive" case of industrial espionage. After being acquired by The Blackstone Group , Hilton employed 10 managers and executives from Starwood. Starwood accused Hilton of stealing corporate information relating to its luxury brand concepts, used in setting up its Denizen hotels. Specifically, former head of its luxury brands group, Ron Klein,

15886-425: The conscience of the infidel , the atheist , or the adherent of a non-Christian faith such as Islam or Judaism. But when the underlying principle has been examined in the crucible of litigation, the Court has unambiguously concluded that the individual freedom of conscience protected by the First Amendment embraces the right to select any religious faith or none at all. This conclusion derives support not only from

16055-557: The core principle of denominational neutrality. In Epperson v. Arkansas (1968) the Supreme Court outlined the broad principle of denominational neutrality mandated by the First Amendment: "Government in our democracy, state and national, must be neutral in matters of religious theory, doctrine, and practice. It may not be hostile to any religion or to the advocacy of no-religion, and it may not aid, foster, or promote one religion or religious theory against another or even against

16224-655: The country's banks, accountants and legal firms warning of attacks from Chinese 'state organisations'. A summary was also posted on the secure website of the Centre for the Protection of the National Infrastructure, accessed by some of the nation's 'critical infrastructure' companies, including 'telecoms firms, banks and water and electricity companies'. One security expert warned about the use of 'custom trojans ,' software specifically designed to hack into

16393-463: The court stated further in Reynolds : In the preamble of this act   ... religious freedom is defined; and after a recital 'that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy which at once destroys all religious liberty,' it is declared 'that it

16562-427: The defendants of the charges with regard to TSMC and deadlocked on the charges with regard to NetLogic. In May 2010, a federal judge dismissed all the espionage charges against the two defendants. The judge ruled that the U.S. government presented no evidence of espionage. In May 2010, the federal jury convicted Chordiant Software, Inc., a U.S. corporation, of stealing Dongxiao Yue's JRPC technologies and used them in

16731-400: The demise of "labor relations," based upon the companies' lack of acknowledgment toward unions and only in their best economic interests. By preventing workers from freely gathering in public spaces, employers who opposed them with the use of munitions and other forms of physical coercion denied them their constitutional rights of freedom of speech and assembly. Strikebreakers were reported to be

16900-598: The disbeliever and the uncertain . The precise meaning of the Establishment Clause can be traced back to the beginning of the 19th century. Thomas Jefferson wrote about the First Amendment and its restriction on Congress in an 1802 reply to the Danbury Baptists , a religious minority that was concerned about the dominant position of the Congregational church in Connecticut , who had written to

17069-676: The ease at which it can be copied and transmitted. The use of computers for espionage increased rapidly in the 1990s. Information has commonly been stolen by individuals posing as subsidiary workers, such as cleaners or repairmen, gaining access to unattended computers and copying information from them. Laptops were, and still are, a prime target, with those traveling abroad on business being warned not to leave them for any period of time. Perpetrators of espionage have been known to find many ways of conning unsuspecting individuals into parting, often only temporarily, from their possessions, enabling others to access and steal information. A "bag-op" refers to

17238-526: The employer in the very heart of the union council from the outset of any organizing effort. News of organizers coming into a town, contacts the organizers make among his employees, the names of employees who join the union, all organization plans, all activities of the union—these are as readily available to the employer as though he himself were running the union. Although the inquiry by the committee achieved minor legal resolutions, it failed to achieve any effective regulatory legislation that might have curtailed

17407-577: The evidence, the automobile company reported spending $ 839,764.41 in labor detective services, between 1934 and 1936. The hearings called for the testimony of rebellious spies and UAW organizers, such as Joseph B. Ditzel, to express their disapproval of GM labor policy and their negation of constitutional rights: "[Ditzel] could not rent a hall in Saginaw to address the automobile workers; a gang of toughs in Bay City forcibly detained him in his hotel room; he

17576-412: The exertion of any restraint on the free exercise of religion. Its purpose is to secure religious liberty in the individual by prohibiting any invasions thereof by civil authority. "The door of the Free Exercise Clause stands tightly closed against any governmental regulation of religious beliefs as such, Cantwell v. Connecticut , 310 U. S. 296, 310 U. S. 303. Government may neither compel affirmation of

17745-713: The extent of cyberattacks has led to the situation being described as the dawn of a "new cold cyberwar". According to Edward Snowden , the National Security Agency spies on foreign companies. In June 2015 Wikileaks published documents about the National Security Agency spying on French companies. During December 2007, this was suddenly revealed that Jonathan Evans, head of the United Kingdom 's MI5 , had sent out confidential letters to 300 chief executives and security chiefs at

17914-425: The focus of numerous industrial espionage cases that have resulted in legal battles. Some countries hire individuals to do spying rather than the use of their own intelligence agencies. Academics, business delegates, and students are often thought to be used by governments in gathering information. Some countries, such as Japan, have been reported to expect students to be debriefed on returning home. A spy may follow

18083-532: The four oppressive labor practices noted during the investigation. The California investigations paved the way for the La Follette Committee's effort in fighting for American laborers with senate bills opposing oppressive labor practices. At the start of the La Follett Committee's investigations, the Congress of Industrial Organizations (CIO) launched its campaign to organize the mass production of

18252-429: The free exercise thereof", thus building a wall of separation between Church & State . Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. In Reynolds v. United States (1878)

18421-458: The free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The right to petition for redress of grievances was a principle included in the 1215 Magna Carta , as well as the 1689 English Bill of Rights . In 1776, the second year of the American Revolutionary War ,

18590-491: The functions and operations of the institutions of religion and government in society. The Federal government of the United States as well as the state governments are prohibited from establishing or sponsoring religion, because, as observed by the Supreme Court in Walz v. Tax Commission of the City of New York (1970), the 'establishment' of a religion historically implied sponsorship, financial support, and active involvement of

18759-539: The fund that will support it? The "establishment" clause protects citizens also against any law which selects any religious custom, practice, or ritual, puts the force of government behind it, and fines, imprisons, or otherwise penalizes a person for not observing it. The Government plainly could not join forces with one religious group and decree a universal and symbolic circumcision . Nor could it require all children to be baptized or give tax exemptions only to those whose children were baptized. Those who would renegotiate

18928-415: The general tendency of the dissents as a weaker reading of the First Amendment; the dissents tend to be "less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities". Beginning with Everson , which permitted New Jersey school boards to pay for transportation to parochial schools, the Court has used various tests to determine when

19097-401: The government cannot pay for military chaplains , then many soldiers and sailors would be kept from the opportunity to exercise their chosen religions. The Supreme Court developed the preferred position doctrine. In Murdock v. Pennsylvania (1943) the Supreme Court stated that "Freedom of press, freedom of speech, freedom of religion are in a preferred position". The Court added: Plainly,

19266-494: The government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights . In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification . Initially,

19435-533: The historian George Bancroft , also discussed at some length the Memorial and Remonstrance against Religious Assessments by James Madison, who drafted the First Amendment; Madison used the metaphor of a "great barrier". In Everson , the Court adopted Jefferson's words. The Court has affirmed it often, with majority, but not unanimous, support. Warren Nord, in Does God Make a Difference? , characterized

19604-434: The implication that other, unnamed rights were unprotected. After a brief debate, Mason's proposal was defeated by a unanimous vote of the state delegations. For the constitution to be ratified, however, nine of the thirteen states were required to approve it in state conventions. Opposition to ratification ("Anti-Federalism") was partly based on the Constitution's lack of adequate guarantees for civil liberties. Supporters of

19773-565: The incompatibility of industrial tyranny over the liberties of industrial workers. On behalf of the National Labor Relations Board, the committee made preliminary investigations in California in 1936 and 1938. Paul Taylor, one of the left-liberal staff members appointed by La Follette and his Marine Corps friend, urged him to investigate the West Coast; without the necessary funding though, the committee's chairman

19942-558: The intention of helping France's Groupe Bull . In 1993, U.S. aerospace companies were also thought to have been targeted by French interests. During the early 1990s, France was described as one of the most aggressive pursuers of espionage to garner foreign industrial and technological secrets. France accused the U.S. of attempting to sabotage its high tech industrial base. The government of France allegedly continues to conduct ongoing industrial espionage against American aerodynamics and satellite companies. In 1993, car manufacturer Opel ,

20111-408: The interest in respecting the individual's freedom of conscience, but also from the conviction that religious beliefs worthy of respect are the product of free and voluntary choice by the faithful, and from recognition of the fact that the political interest in forestalling intolerance extends beyond intolerance among Christian sects – or even intolerance among "religions" – to encompass intolerance of

20280-581: The inveigling of tradespersons abroad and the placing of apprentices in England. Protests by those such as ironworkers in Sheffield and steelworkers in Newcastle , about skilled industrial workers being enticed abroad, led to the first English legislation aimed at preventing this method of economic and industrial espionage. This did not prevent Samuel Slater from bringing British textile technology to

20449-614: The issue whose October 2013 conclusion was that at least 2,000 of these selectors were aimed at Western European or even German interests which has been a violation of the Memorandum of Agreement that the US and Germany signed in 2002 in the wake of the 9/11 terror attacks . After reports emerged in 2014 that EADS and Eurocopter had been surveillance targets the Left Party and the Greens filed an official request to obtain evidence of

20618-578: The last form of union oppression. This form of industrial coercion proved to be clear by constitutional protection as the men employed by the corporations were not held accountable to anyone but their employers. Witnesses in industrial communities revealed to the committee the abusive power of private police; their constant harassment and use of physical violence repressed the First Amendment rights of citizens. Like espionage, munitions utilization, and strikebreaking, private police agencies testified to

20787-538: The latter having close links to the Chinese military . Google claimed at least 20 other companies had also been targeted in the cyber attack, said by the London Times , to have been part of an "ambitious and sophisticated attempt to steal secrets from unwitting corporate victims" including "defence contractors, finance and technology companies". Rather than being the work of individuals or organised criminals,

20956-520: The level of sophistication of the attack was thought to have been "more typical of a nation state". Some commentators speculated as to whether the attack was part of what is thought to be a concerted Chinese industrial espionage operation aimed at getting "high-tech information to jump-start China's economy". Critics pointed to what was alleged to be a lax attitude to the intellectual property of foreign businesses in China, letting them operate but then seeking to copy or reverse engineer their technology for

21125-423: The long run atheists or agnostics. On matters of this kind, government must be neutral . This freedom plainly includes freedom from religion, with the right to believe, speak, write, publish and advocate anti-religious programs. Board of Education v. Barnette , supra , 319 U. S. 641. Certainly the "free exercise" clause does not require that everyone embrace the theology of some church or of some faith, or observe

21294-402: The metaphor of a wall of separation between church and state , derived from the correspondence of President Thomas Jefferson . It had been long established in the decisions of the Supreme Court, beginning with Reynolds v. United States (1878), when the Court reviewed the history of the early Republic in deciding the extent of the liberties of Mormons. Chief Justice Morrison Waite, who consulted

21463-515: The mid-1950s until early 1966 and made use of spies from many Communist Bloc countries. Through at least 20 forays, many western European industrial secrets were compromised. One member of the "Brunnhilde" ring was a Swiss chemical engineer , Dr. Jean Paul Soupert (also known as "Air Bubble"), living in Brussels . He was described by Peter Wright in Spycatcher as having been "doubled" by

21632-451: The militant opposite. The First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion." The clearest command of the Establishment Clause is, according to the Supreme Court in Larson v. Valente , 456 U.S. 228 (1982), that one religious denomination cannot be officially preferred over another. In Zorach v. Clauson (1952)

21801-559: The nation and copying Chinese tea-making processes. The British Empire had previously run a considerable trade deficit with China by importing the nation's tea and other goods. The British attempted to rectify the deficit by trading opium to the Chinese, but encountered difficulties after the Daoguang Emperor banned the opium trade and the First Opium War broke out. To avoid further issues in trading tea with China,

21970-588: The newly appointed chairman to the subcommittee of the Senate Committee on Education and Labor, La Follette's committee consisted of pro-Republican staff members. La Follette's gifted team of researchers, investigators, attorneys, and writers arose as a prominent governmental team supporting mass labor during the New Deal administration. From 1936 to 1937, the La Follette Committee began its assessment of four prominent anti-union practices which suppressed

22139-498: The newly elected president about their concerns. Jefferson wrote back: Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting

22308-429: The obligation to comply with a "valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)." United States v. Lee , 455 U. S. 252, 455 U. S. 263, n. 3 (1982) ( STEVENS, J. , concurring in judgment); see Minersville School Dist. Bd. of Educ. v. Gobitis , supra , 310 U.S. at 310 U. S. 595 (collecting cases)." Smith also set

22477-549: The opinion of the Court considered secular purpose and the absence of primary effect; a concurring opinion saw both cases as having treated entanglement as part of the primary purpose test. Further tests, such as the endorsement test and coercion test , have been developed to determine whether a government action violated the Establishment Clause. In Lemon , the Court stated that the separation of church and state could never be absolute: "Our prior holdings do not call for total separation between church and state; total separation

22646-452: The ostensible and predominant purpose of advancing religion, then it violates that central Establishment Clause value of official religious neutrality, because there is no neutrality when the government's ostensible object is to take sides. In Torcaso v. Watkins (1961), the Supreme Court ruled that the Constitution prohibits states and the federal government from requiring any kind of religious test for public office . The Supreme Court in

22815-487: The outset that the First Amendment limits equally the power of Congress and of the states to abridge the individual freedoms it protects. The First Amendment was adopted to curtail the power of Congress to interfere with the individual's freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience. The Due Process Clause of the Fourteenth Amendment imposes on

22984-410: The period. Private security firms like the Pinkerton National Detective Agency and Burns were employed to infiltrate labor unions. The committee concluded that espionage was "the most efficient method known to management to prevent unions from forming, to weaken them if they secure a foothold, and to wreck them when they try their strength." The committee also reported: Such a spy system ... places

23153-603: The premise of the violations: California laborers of the 1930s were being denied constitutional rights by employers and anti-union officials. The committee found the West Coast region under the control of a convoluted array of employer controlled associations. The premise of the committee's California study, "the existence of the National Labor Relations Act, the reaction of employee or employer organizations to its application, and their long struggle to realize or frustrate benefits which it promised," proved as

23322-534: The press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances. This language was greatly condensed by Congress, and passed the House and Senate with almost no recorded debate, complicating future discussion of

23491-457: The professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself. Government would exist only in name under such circumstances." If the purpose or effect of a law is to impede the observance of one or all religions, or is to discriminate invidiously between religions, that law is constitutionally invalid even though the burden may be characterized as being only indirect. But if

23660-472: The purpose of informing countermeasures. Economic or industrial espionage commonly occurs in one of two ways. Firstly, a dissatisfied employee appropriates information to advance interests or to damage the company. Secondly, a competitor or foreign government seeks information to advance its own technological or financial interest. " Moles ", or trusted insiders, are generally considered the best sources for economic or industrial espionage. Historically known as

23829-449: The redirection of personnel but the use of spying apparatus such as computer databases, scanners for eavesdropping , spy satellites , bugs and wires . Former CIA Director Stansfield Turner stated in 1991, "as we increase emphasis on securing economic intelligence, we will have to spy on the more developed countries-our allies and friends with whom we compete economically-but to whom we turn first for political and military assistance in

23998-413: The relation between Church and State speaks of a 'wall of separation', not of a fine line easily overstepped. ... 'The great American principle of eternal separation'— Elihu Root 's phrase bears repetition—is one of the vital reliances of our Constitutional system for assuring unities among our people stronger than our diversities. It is the Court's duty to enforce this principle in its full integrity." In

24167-528: The religious practices of any majority or minority sect. The First Amendment, by its "establishment" clause, prevents, of course, the selection by government of an "official" church. Yet the ban plainly extends farther than that. We said in Everson v. Board of Education , 330 U. S. 1, 330 U. S. 16, that it would be an "establishment" of a religion if the Government financed one church or several churches. For what better way to "establish" an institution than to find

24336-447: The right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom of mind, so also the individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority. At one time, it was thought that this right merely proscribed the preference of one Christian sect over another, but would not require equal respect for

24505-406: The same case made it also clear that state governments and the federal government are prohibited from passing laws or imposing requirements which aid all religions as against non-believers, as well as aiding those religions based on a belief in the existence of God as against those religions founded on different beliefs. In Board of Education of Kiryas Joel Village School District v. Grumet (1994),

24674-470: The school prayer cases of the early 1960s Engel v. Vitale and Abington School District v. Schempp , aid seemed irrelevant. The Court ruled on the basis that a legitimate action both served a secular purpose and did not primarily assist religion. In Walz v. Tax Commission of the City of New York (1970), the Court ruled that a legitimate action could not entangle government with religion. In Lemon v. Kurtzman (1971), these points were combined into

24843-472: The separation of church and state: "No perfect or absolute separation is really possible; the very existence of the Religion Clauses is an involvement of sorts—one that seeks to mark boundaries to avoid excessive entanglement." He also coined the term "benevolent neutrality" as a combination of neutrality and accommodationism in Walz to characterize a way to ensure that there is no conflict between

25012-410: The states the same limitations the First Amendment had always imposed on the Congress. This "elementary proposition of law" was confirmed and endorsed time and time again in cases like Cantwell v. Connecticut , 310 U. S. 296, 303 (1940) and Wooley v. Maynard (1977). The central liberty that unifies the various clauses in the First Amendment is the individual's freedom of conscience : Just as

25181-422: The steel, automotive, and mining industries. By calling witnesses to the stand in an effort to expose American industrial relations, the committee supported the CIO, as both organizations strove to achieve a common goal of mass unionization. The ability of both organizations to operate in harmony allowed for their shared successes. When Myron Taylor of United States Steel publicly announced that his company would make

25350-807: The subpoenas, but enough evidence remained to "piece together a picture of intrigue". It was revealed that Pinkerton had operatives "in practically every union in the country". Of 1,228 operatives, there were five in the United Mine Workers , nine in the United Rubber Workers , seventeen in the United Textile Workers, and fifty-five in the United Auto Workers that had organized General Motors. The committee reported that as late as 1937, its census of working labor spies from 1933 to 1937 totaled 3,871 for

25519-501: The tension of competing values, each constitutionally respectable, but none open to realization to the logical limit." The National Constitution Center observes that, absent some common interpretations by jurists, the precise meaning of the Establishment Clause is unclear and that decisions by the United Supreme Court relating to the Establishment Clause often are by 5–4 votes. The Establishment Clause, however, reflects

25688-435: The third form of anti-union oppression utilized by employers. The committee reported many being convicted criminals, and the animosity of the strikers held towards these men creates "violence and bloodshed." The La Follette Committee confirmed the accounts of former strike breakers who described to them their role in promoting violence in an effort to display the wrongdoings of strikers. Private police agencies offered employers

25857-516: The three reasons as understanding whether sanctions are functioning for countries under sanction, monitoring dual-use technology that could be used to produce or develop weapons, and to spy on bribery. In 2013 The United States was accused of spying on Brazilian oil company Petrobras. Brazil's President Dilma Rousseff stated that it was tantamount to industrial espionage and had no security justification. In 2014 former US intelligence officer Edward Snowden stated that America's National Security Agency

26026-455: The two organizations proved vital. The La Follette Committee's handling of General Motors (GM) exemplifies the struggles of workers whose intent of organizing made the company infringe upon their civil liberties. With word of oppressive practices, most notably espionage, reaching the founders of the committee before its official establishment, the decision to examine the events in Flint, Michigan,

26195-399: The use of hotel staff to access data, such as through laptops, in hotel rooms. Information may be stolen in transit, in taxis , at airport baggage counters, baggage carousels , on trains and so on. The rise of the Internet and computer networks has expanded the range and detail of information available and the ease of access for the purpose of industrial espionage. This type of operation

26364-399: The use of munitions in anticipation of labor trouble. With the threat of communism sweeping the nation and employers utilizing it as a scapegoat to deter unionization, munitions companies distributed various forms of deterrence. Machine guns, tear gas bombs, and clubs were a few of the hindrances wielded to prevent and disperse union meetings. The committee declared the use of these munitions as

26533-585: The violations. First Amendment to the United States Constitution The First Amendment ( Amendment I ) to the United States Constitution prevents Congress from making laws respecting an establishment of religion ; prohibiting the free exercise of religion ; or abridging the freedom of speech , the freedom of the press , the freedom of assembly , or the right to petition

26702-519: The wall of separation has been breached. Everson laid down the test that establishment existed when aid was given to religion, but that the transportation was justifiable because the benefit to the children was more important. Felix Frankfurter called in his concurrence opinion in McCollum v. Board of Education (1948) for a strict separation between state and church: "Separation means separation, not something less. Jefferson's metaphor in describing

26871-611: The worst practices of strike-breaking agencies. Despite this, the revelations enraged the public as it brought more attention to the grievances of laborers. The La Follette Committee was created after the National Labor Relations Act of 1935 . In an effort to employ the best suited labor management system between unions and employers, the National Labor Relations Act established the National Labor Relations Board . Heber Blankenhorn, of

27040-515: Was a unanimous one. With intentions of bringing the tyrannical practices of the company to the attention of the public, the committee obtained first hand reports of anti-union organizations in Flint. Reports obtained by the committee also confirmed the involvement of local law enforcement, as they maintained their own espionage system set to infiltrate sit-down strikes in the state. The La Follette Committee began its hearings of General Motors on February 15, with intentions of bolstering public opinion of

27209-528: Was accused by the US government of selling US military technology and secrets to China in 1993. In 2014 American counter-intelligence officials told members of the House Judiciary and Foreign Affairs committees that Israel's current espionage activities in America are "unrivaled". Computers have become key in exercising industrial espionage due to the enormous amount of information they contain and

27378-517: Was accused of downloading "truckloads of documents" from a laptop to his personal email account. On 13 January 2010, Google announced that operators, from within China, had hacked into their Google China operation, stealing intellectual property and, in particular, accessing the email accounts of human rights activists. The attack was thought to have been part of a more widespread cyber attack on companies within China which has become known as Operation Aurora . Intruders were thought to have launched

27547-733: Was based on a leaked report issued from former U.S. Director of National Intelligence James R. Clapper 's office that evaluated how intelligence could be used to overcome a loss of the United States' technological and innovative edge. When contacted, the Director of National Intelligence office responded, "the United States—unlike our adversaries—does not steal proprietary corporate information", and insisted that "the Intelligence Community regularly engages in analytic exercises". The report, he said, "is not intended to be, and

27716-481: Was consulted by Chief Justice Morrison Waite in Reynolds regarding the views on establishment by the Founding Fathers . Bancroft advised Waite to consult Jefferson and Waite then discovered the above quoted letter in a library after skimming through the index to Jefferson's collected works according to historian Don Drakeman. The Establishment Clause forbids federal, state, and local laws whose purpose

27885-415: Was doubtful. With a lack in financial stability, the committee's future seemed tentative; support from the La Follette's administration, left-sided Californians, and various worker based organizing groups, however, allowed for the committees continued existence. In 1939, with an allocation of $ 50,000 presented by a newly appointed California senator and with the books, The Grapes of Wrath and Factories in

28054-400: Was engaged in industrial espionage and that they spied on German companies that compete with US firms. He also highlighted the fact the NSA uses mobile phone apps such as Angry Birds to gather personal data. According to a 2014 Glenn Greenwald article, "potentially sabotaging another country's hi-tech industries and their top companies has long been a sanctioned American strategy." The article

28223-543: Was intended to erect 'a wall of separation between church and State'.   ... That wall must be kept high and impregnable. We could not approve the slightest breach. Citing Justice Hugo Black in Torcaso v. Watkins (1961) the Supreme Court repeated its statement from Everson v. Board of Education (1947) in Abington School District v. Schempp (1963): We repeat and again reaffirm that neither

28392-646: Was poor. Following the demise of the Soviet Union and the end of the Cold War , commentators, including the US Congressional Intelligence Committee, noted a redirection amongst the espionage community from military to industrial targets, with Western and former communist countries making use of "underemployed" spies and expanding programs directed at stealing information. The legacy of Cold War spying included not just

28561-429: Was trailed constantly in Flint before his car was sideswiped and three organizers were sent to the hospital with serious injuries". The committee's hearings uncovered the expenses of GM's espionage, its scrutiny of labor policies, and its mistreatment of workers, which publicly demonstrated the injustices toward the union. Congressional disputes resulted from the hearings as the La Follette Committee found legal success with

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