In an age of terrorism, where should a democratic society draw the line on government surveillance? Edward Snowden’s explosive disclosures about the National Security Agency’s intelligence collection operations have ignited an intense debate about the appropriate balance between security and liberty in America. In a special series this academic year, nationally prominent experts will explore the critical issues raised by the NSA’s activities, including their impact on our security, privacy, and civil liberties. This timely series will address some of the most challenging questions the nation faces today.

The Foreign Intelligence Surveillance Court (also known as the FISA Court) is one of the least understood courts in America. The court was created by the Foreign Intelligence Surveillance Act of 1978, which empowered it to oversee requests by the government for surveillance of foreign intelligence agents. It was created by Congress in response to recommendations by the Senate’s Church Committee, which suggested that greater oversight of the intelligence services was needed. The court holds closed hearings, and releases only limited information about its decisions to the public. During its existence, the court has granted more than 30,000 warrants and denied just 11 warrants.

In this session, the former presiding judge of the FISA court, Judge Reggie Barnett Walton, will explain the court’s work and the legal framework in which it operates. In conversation with Stanford Law School Professor Jenny Martinez, Judge Walton will shed light on the role that this important institution plays in helping keep the balance between liberty and security in alignment.

Judge Reggie Barnett Walton
Federal Judge, United States District Court for the District of Columbia
Reggie Barnett Walton is the former presiding judge of the Foreign Intelligence Surveillance Court, and was an associate judge of the Superior Court of the District of Columbia from 1981 to 1989 and from 1991 to 2001. Judge Walton has also served as associate director of the Office of National Drug Control Policy. In 2001, Judge Walton was nominated to the federal bench by President George W. Bush. In 2007, Chief Justice of the United States John G. Roberts Jr. appointed him to a seat on the Foreign Intelligence Surveillance Court, on which he served until May 2014.

Jenny S. Martinez
Warren Christopher Professor in the Practice of International Law and Diplomacy and Associate Dean for Curriculum, Stanford Law School
Jenny S. Martinez is a leading expert on international courts and tribunals, international human rights, national security, constitutional law, and the laws of war. Her research focuses on the role of courts and tribunals in advancing and protecting human rights. An experienced litigator, she has worked on numerous cases in the US Supreme Court and the courts of appeals involving international law and constitutional law issues, including cases involving the Alien Tort Statute, the Torture Victim Protection Act, and the detention and trial of post-9/11 detainees.