Dissent Is Patriotic
The Bill of Rights Defense Committee's e-mail newsletter
November 25, 2003, Vol. 2, No. 8
Newsletter Articles:
- Emphasizing Targeted Communities
- Accuracy and Disinformation
- Exercise the Bill of Rights, Celebrate Bill of Rights Day on December 15
In Brief:
- Meet with your congressional representatives in the next month
- Supreme Court decides to hear Guantanamo cases
- University of Alaska-Fairbanks students win award for website, "A Chilling Effect? Alaska's Heartland Reacts to the Patriot Act"
Emphasizing Targeted Communities
On this Bill of Rights Day, the Bill of Rights Defense Committee will express thanks that millions of Americans, including members of Congress, are now reevaluating some of the so-called anti-terrorism legislation and policies enacted since September 11, 2001, that threaten the rights of citizens and noncitizens. We will also rededicate ourselves to the substantial work ahead.
Noncitizens
Congress has paid the most attention to sections of the Patriot Act that raise their constituents' concerns, and so far most of these have related to First and Fourth Amendment rights. Few legislators have proposed bills to protect the rights of noncitizens, especially those from primarily Arab and Muslim countries, who have been hurt the most since September 11, 2001, and who have no representation in Congress. For example:
- Thousands of men have been detained for months without charges or access to counsel, and many have been mistreated, according to the Justice Department's Inspector General,
- Iraqi-Americans and Iraqi students were questioned about their loyalty to the U.S. by FBI agents during the months leading up to the war in Iraq, and
- Nearly 85,000 men from North Korea and 24 Muslim countries have been required to voluntarily report to INS facilities for NSEERS "special registration" on an annual basis.
It is no surprise that programs and practices that rely on racial and ethnic profiling have been ineffective at catching terrorists. "Special registration" has been an especially expensive, embarrassing failure, dependent upon terrorists dutifully reporting to INS offices for fingerprinting, photographing, and questioning about their immigration status. Recent rumors hinting that the program may soon be abandoned have not detailed its replacement nor shown that the Department of Homeland Security is planning to abandon racial and ethnic profiling as an indicator of potential terrorist activity in favor of the proven standard of probable cause.
When you hear the claim that "no one has been harmed" by antiterrorism legislation, correct the misperception. Contact a local mosque to find out what has happened to members and what the community can do to help, such as attend an immigration hearing. We will post suggestions we receive for working with the communities most affected on the Threatened Communities page of our web site.
Citizens who dissent
This past weekend it was revealed that the FBI has been collecting information on antiwar demonstrators. Its October 15 memo asks local law enforcement to report activities they consider "suspicious" to the FBI's counterterrorism units. The FBI's listing of what constitutes "suspicious" shows how subjective that word can be: rehearsing for demonstrations, raising money via the Internet, and acquiring gas masks in case tear gas is used. Police in some cities may consider the mere act of demonstrating against a war to be suspicious. Clearly the announcement that "the FBI is watching" is meant to discourage dissent, especially from noncitizens and the whole families, including families of the military, who have been participating in the demonstrations against the Iraq War.
This Administration has used fear to increase its power. We must not let them use fear to silence dissent. Assure your community members of their First Amendment right to free speech and to petition the government for redress of grievances.
Accuracy and Disinformation
The Patriot Act has been unjustly blamed for a multitude of transgressions. While it is understandable that the misnamed act would come in for substantial criticism, it is important that those of us who explain threats to civil liberties distinguish between the Patriot Act and the host of other regulations the government has been using. As the Department of Justice's policies and claims face increased scrutiny from throughout the political spectrum, the department increasingly tries to discredit its detractors by claiming that they are "spreading disinformation." Here is an example:
Section 215 vs. national security letters. In July of 2002, the Justice Department claimed that it could not comply with the Section 215 requirement to provide the House and Senate Judiciary Committees a semi-annual report of the total number of times it had used Section 215 of the Patriot Act: That information was "classified." This fall, under pressure from librarians and booksellers, Attorney General Ashcroft reported that the number of times was "Zero," and that librarians were simply "hysterical." We know librarians are not hysterical, so what gives?To obtain records using Patriot Act Section 215, the FBI would need to obtain a warrant from a secret FISA court. The FBI has avoided this necessity by issuing "national security letters," which require neither a warrant nor a report to Congress. In fact, last week Congress expanded the types of businesses subject to national security letter searches. The list now includes casinos, travel agents, car dealers, the U.S. Post Office, and others. As is the case with Section 215, the FBI may impose a gag order on the person from whom it requests the information.
Section 412 vs. immigration laws. Section 412 of the Patriot Act states that "the Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement ofsuch detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien." To avoid the 7-day time limit, the Justice Department has used immigration law to detain and deport immigrants. Immigration law offers fewer protections from abuse than U.S. criminal law.
Sorting out "doublespeak." It is in the Department of Justice's interest to prove that its laws and policies are working and that stronger laws would provide better protection from terrorism. But listen carefully to claims such as these, and be prepared to refute them:
"The U.S. has deported 515 individuals linked to the September 11 investigation." (Attorney General John Ashcroft, June 5, 2003 prepared testimony presented to U.S. House Judiciary Committee) These individuals are surely among the thousands whowere rounded up after September 11 on the basis of racial and ethnic profiling. Before they were deported or released, the Attorney General ensured they had no ties to terror.
"In its 94-year history, the FBI has been the tireless protector of civil rights and civil liberties for all Americans." (Attorney General John Ashcroft, May 30, 2002) Between the organization's birth during the Palmer Raids and its current activities were the FBI's infamous COINTELPRO programs and its involvement in HUAC.
"I would say the Patriot Act is effective because we have not had another attack this year." (Mark Corallo in Julia Scheeres, "How Changed Laws Changed U.S.," Wired News, September 11, 2002) If that is so, then what protected us from similar attackspreviously?
To help you counteract some of the Justice Department's misleading claims, CDT's Jim Dempsey and Lara Flynt have prepared a helpful analysis called Setting the Record Straight: An Analysis of the Justice Department's PATRIOT Act Website.
Exercise the Bill of Rights, Celebrate Bill of Rights Day on December 15
The Bill of Rights was meant to ensure basic rights during times of war and times of peace, regardless of who is in power. In order to ensure its future, we must keep using the First Amendment and speaking out when our rights and the rights of noncitizens are threatened.
In 1941, 150 years after the first 10 amendments were ratified, President Franklin Roosevelt declared December 15 Bill of Rights Day. Now, many communities around the country observe the day. BORDC invites you to celebrate and exercise the rights guaranteed by the Bill of Rights. Some ideas for celebrating the day include:
- Download BORDC's Bill of Rights bookmarks in English or Spanish. Print 6 bookmarks on an 8.5" x 11" sheet of cardstock for an inexpensive, educational handout to distribute to your local schools and libraries.
- Entertain holiday shoppers with street theater, or include a short play or video as part of a local civil liberties forum. You may download the script for Cafe America, a satirical play about the erosion of civil liberties, or purchase the video or DVD of the production performed by the Sarasota Alliance for Voter Education (SAVE), which wrote the play.
- Read the Bill of Rights in front of city hall or other public place. Invite local elected officials to participate.
- Hold a funeral for the Bill of Rights. See Nevada County, CA BORDC website for more information on how to pull of a successful funeral.
- Encourage your local government to officially proclaim December 15 Bill of Rights Day.
- Form a Bill of Rights Defense Committee in your community.
In Brief:
Meet with your Congressional delegation during recess
Congress recesses for Thanksgiving this week and does not reconvene until January 20, 2004. This period is a wonderful opportunity to arrange in-district meetings with your representative and senators. If your community or state has passed a resolution, consider organizing a coalition that includes your local or state elected representatives to discuss your community or state's concerns with your federal legislators, the action you took as a community, and what you expect them to do. Use this Contacting the Congress website to find contact information for your delegation. Review proposed legislation to amend the Patriot Act and legislation to expand it.
Supreme Court decides to hear Guantanamo cases
Next March, the U.S. Supreme Court will hear a case brought by Guantanamo Bay detainees who have appealed lower court decisions that their prison camp is in an area that is outside U.S. law, thereby permitting the U.S. to hold them there indefinitely without charges. The group of two British, two Australian, and 12 Kuwaiti prisoners are among about 660 detainees who began arriving at Guantanamo in January 2002.
Michael Ratner, president of the New York-based Center for Constitutional Rights, which represents the British and the Australians, said that "One of the most fundamental democratic principles is at risk in this case: whether the government may detain people without charge and deny them the right to test the legality of their detention in open court." For more information, see this article.
University of Alaska-Fairbanks students win award for website, "A Chilling Effect? Alaska's Heartland Reacts to the Patriot Act
On November 15, two University of Alaska-Fairbanks seniors, Tom Delaune and Curt Merrill, won an Online Journalism Award for Creative Use of the Medium for Independent Sites. The website profiles local people affected by the Patriot Act and related laws including an FBI agent, a librarian, a city councillor, and a law professor. Congratulations! See the award-winning website and this article.
Make a Gift in Defense of Civil Liberties
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Editor: Nancy Talanian, Director
Managing Editor: Vanessa Bliss
Bill of Rights Defense Committee, Inc.
© 2002-2008 Bill of Rights Defense Committee · All
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Last Updated: May 12, 2006 8:26 pm EDT
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