Let's stand up for liberty: The Bill of Rights is only worth the paper it's written on unless those charged with protecting it are willing to stand up and be heard. (Symposium Terrorism and civil liberties).
American soldiers enlisted in the battle against the forces of al-Qaida and Islamic fundamental extremism may believe they are fighting for the good or USA and its abiding commitment to liberty. Yet the truth is, war has never been particularly good for liberty.
In times of crisis, when the country is infused with fear and anxiety, voices calling for restrictions on civil liberties have often prevailed. It is an odd irony that the defining principles undergirding this nation -- free speech, privacy due process, and equal protection -- are often seen as unaffordable un·af·ford·a·ble
Too expensive: medical care that has become unaffordable for many.
un luxuries, even unpatriotic nuisances during times of war or other national stress.
One has to hope that our current conflict will be the exception, and our government won't adopt its routine wartime stance of imposing guilt by association Noun 1. guilt by association - the attribution of guilt (without proof) to individuals because the people they associate with are guilty
guilt, guiltiness - the state of having committed an offense , silencing dissenters dissenters: see nonconformists. , spying on political activists, and running roughshod over due process. But if history is any guide, the Bill of Rights is in for some difficult times.
Even our founding fathers were not immune to this unfortunate impulse. The darkest moment of John Adams' presidency was signing the Alien and Sedition Acts Alien and Sedition Acts, 1798, four laws enacted by the Federalist-controlled U.S. Congress, allegedly in response to the hostile actions of the French Revolutionary government on the seas and in the councils of diplomacy (see XYZ Affair), but actually designed to of 1798, laws that made it a crime to "write, print, utter, or publish" anything "false, scandalous, and malicious" against the government. Adams felt, in light of the goings on in France during the French Revolution, the outlandish and irresponsible churnings of the Republican press had to be contained for the good of the country (and his own ego).
Of course, the most notorious examples of presidents assaulting liberties during wartime are Abraham Lincoln's decision to suspend the writ of habeas corpus Noun 1. writ of habeas corpus - a writ ordering a prisoner to be brought before a judge
judicial writ, writ - (law) a legal document issued by a court or judicial officer during the Civil War and the utterly tragic decision by President Roosevelt to commit 120,000 Japanese immigrants and Americans of Japanese descent to internment camps throughout the West during World War II.
Those measures may have seemed necessary then, but with hindsight we view them as mistakes, serious mistakes. The retraction of freedom didn't buy us a bit of extra safety.
These oversteps happen when flag-waving jingoism jingoism (jĭng`gōĭzəm), advocacy of a policy of aggressive nationalism. The term was first used in connection with certain British politicians who sought to bring England into the Russo-Turkish War (1877–78) on the side of the overtakes public sentiment. Soon, any challenge to government action becomes a sign of disloyalty dis·loy·al·ty
n. pl. dis·loy·al·ties
1. The quality of being disloyal; faithlessness.
2. A disloyal act.
Noun 1. , and that's when tyrants are given quarter. Men like Woodrow Wilson's attorney general, A. Mitchell Palmer, who was allowed to launch his own personal pogrom pogrom (pō`grəm, pōgrŏm`), Russian term, originally meaning "riot," that came to be applied to a series of violent attacks on Jews in Russia in the late 19th and early 20th cent. against immigrants from Eastern Europe active in the labor movement. Palmer jailed and deported thousands of pacifists whose only crime was their peaceful protest of American involvement in the war.
In 1917 Congress passed the Espionage Act, a law prohibiting the mailing of any publication urging "treason, insurrection, or forcible resistance to any law." It was used as a way to shut down German language newspapers run by German Americans in areas of rural Pennsylvania, Wisconsin, and Minnesota. During that time, 44 papers lost their mailing privileges and 30 more had to agree not to write about the war in order to continue publishing.
In New York at that time, the Postmaster postmaster - The electronic mail contact and maintenance person at a site connected to the Internet or UUCPNET. Often, but not always, the same as the admin. The Internet standard for electronic mail (RFC 822) requires each machine to have a "postmaster" address; usually it is found "unmailable" a left-wing periodical titled The Masses, whose contributors included Carl Sandburg, because its anti-war articles and cartoons "tended to produce a violation" of the Espionage Act.
The judiciary, the one branch of government whose purpose it is to stand up for individual rights against majoritarian ma·jor·i·tar·i·an
Based on majority rule: "a naively uncomplicated premise of simple majoritarian democracy" Saturday Review.
An advocate of majoritarianism. pressures, has not acquitted itself well during times of war when we have needed its independence most.
During World War I, courts had virtually no sympathy for claims by publishers prosecuted under the Espionage Act that they were victims of First Amendment violations. For example, in a case where the defendant was charged for suggesting that the capitalists and their war will render Liberty Bonds worthless, the judge told the jury that the First Amendment is no defense "where the honor and safety of the Nation is involved."
And we all know the shameful answer the US. Supreme Court gave to Japanese American Fred Korematsu, a man born in Oakland, California, who challenged the constitutionality of his internment during World War II: "Tough!"
There are some encouraging signs that today's court wouldn't be so willing to go along with every government claim of national need. In his recent book, All the Laws But One: Civil Liberties in Wartime, US. Supreme Court Chief Justice William Rehnquist noted: "It is all too easy to slide from a case of genuine military necessity to one where the threat is not critical and the power either dubious or nonexistent non·ex·is·tence
1. The condition of not existing.
2. Something that does not exist.
non ." That's an interesting observation coming from a justice who has so often sided with the government at the expense of civil liberties.
Justice Sandra Day O'Connor Sandra Day O'Connor (born March 26 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. She was considered a strict constructionist. wasn't as reassuringly cynical when she said in a speech soon after the Sept. 11 attacks, that America's response may mean more restrictions on our personal freedom than has ever been the case in our country" She did, however, express the need for caution as we "re-examine re·ex·am·ine also re-ex·am·ine
tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines
1. To examine again or anew; review.
2. Law To question (a witness) again after cross-examination. some of our laws pertaining to criminal surveillance, wiretapping A form of eavesdropping involving physical connection to the communications channels to breach the confidentiality of communications. For example, many poorly-secured buildings have unprotected telephone wiring closets where intruders may connect unauthorized wires to listen in on phone , immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. , and so on."
Editorial pages roll over
But what might be most distressing for editorialists is the way so many newspaper editorial pages have repeatedly rolled over during wartime, buying wholesale the need for speech suppression or rounding up people based on their ethnicity for the sake of national security.
According to Joseph McKerns, associate professor of journalism at Ohio State University Ohio State University, main campus at Columbus; land-grant and state supported; coeducational; chartered 1870, opened 1873 as Ohio Agricultural and Mechanical College, renamed 1878. There are also campuses at Lima, Mansfield, Marion, and Newark. , who has researched the editorial reaction of newspapers to the free speech baffles during World War I, few editorial boards stood up for civil liberties. Instead, they chose to reflect the xenophobic xen·o·phobe
A person unduly fearful or contemptuous of that which is foreign, especially of strangers or foreign peoples.
xen views of their readership.
"When it came to freedom of association and freedom of speech' said McKerns, "the daily press made a convenient separation, seeing the speech of the political activist as different from what it did."
Much of what appeared in newspapers at that time, McKerns said, was highly anti-mini grant: "Even in framing the news, immigrants the labor movement, and foreigners were the ones portrayed as a threat rather than merely exercising free speech."
The Bill of Rights, embodying the concepts of individual rights and limited government is only worth the paper it's written on unless those charged with keeping the government honest to its limits are willing stand up and say so at the most provocative times.
National unity does not mean national goose-stepping. The courts, political activists and the mainstream press -- the primary countervailing forces to executive and legislative power -- have a special responsibility in times of war to raise their level of vigilance and not give in to nationalistic pressures.
That is the only way this nation now, at this time of heightened anxiety, is going to keep from repeating its undistinguished un·dis·tin·guished
a. Marked by no peculiar quality; not distinguished; ordinary: an undistinguished appearance.
b. wartime history.
Poll after poll may indicate that Americans are willing to give up some civil liberties in exchange for more security against terrorism But they don't really mean it. What Americans mean is that it would be O.K. for people who don't look like them -- people who wear headscarves or who sport untrimmed facial hair -- to lose some liberty.
That way of thinking cannot be acceptable to the courts or to editorial boards. As editorialists these are our front lines in times of war. The question is, how many of us will stand our ground and how many will desert the field?
NCEW NCEW National Conference of Editorial Writers member Robyn E. Blumner is a columnist and editorial writer for the St. Petersburg Times
The St. Petersburg Times is a daily newspaper based in St. Petersburg, Florida, that serves the larger Tampa Bay area. . She is former executive director of the American Civil Liberties Union American Civil Liberties Union (ACLU), nonpartisan organization devoted to the preservation and extension of the basic rights set forth in the U.S. Constitution. of Florida.
RELATED ARTICLE: CIVIL LIBERTIES
[C]ivil libertarians have good reason to be wary of proposals to expand the government's power to go after suspected terrorists. In wartime, some people consider basic rights a luxury we can do without....At times like this, any ideas to help law enforcement against terrorists deserve consideration -- and careful inspection to ensure that they will hamper our enemies more than they will hurt our liberties.
Chicago Tribune, Sept. 20
Forsaking American freedom is precisely the wrong answer to the fear terrorists sow. It gives them the victory they seek. It flouts an article of American faith: that just as some sacrifices must be made in safety's name, others must never be made.
Minneapolis Star Tribune, Sept. 21
We must draw upon our spiritual faith to guide us through. As testament to how powerful and moving faith can be, within hours local churches scheduled prayer services.
We must not lose sight of the many heroes and heroic acts that will also emerge as stories are recounted in the days to come. These are the lessons that we want school children to learn, not only of the terrible tragedy that stunned us all but of how we emerged a stronger nation.
Herald-Standard, Uniontown, Penn., Sept. 12, by Luanne Traud, editorial page editor