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It's More Than Outrageous
September 26, 2001
The American Civil Liberties Union of Wisconsin has tried to respond
with restraint to speculation and over-the-top statements regarding what
to do after the September 11th attacks on our nation. There is plenty
that we can do to make us safer or to catch the guilty. The ACLU, for
instance, has indicated its support for Senator John Edwards's (D-NC)
"Airport and Seaport Terrorism Prevention Act" with minor changes. We've
been focusing on ways to make us safer without damaging civil liberties.
On the other hand, some proposals and actions really are outrageous.
How do reasonable people, who are outraged by what has happened, respond?
For example,
Kevin Hermening, a former Iranian hostage and Congressional candidate
living in Mosinee, has called for "The immediate and unequivocal deportation
of every illegal alien and immigrant, with a focus on removing those of
Middle Eastern descent, ...." And, the erection of security fences along
the entire perimeter of the United States ...." And, "The civil rights
and Miranda rights of any suspect interrogated in this case should be
suspended ...." [Milwaukee Journal Sentinel, September 26, 2001] How can
one respond to that?
And,
A handful of Wisconsin legislators want to establish the death penalty
in Wisconsin to deter terrorists. State Senator Dave Zien (R-Eau Claire)
said, "The death penalty is a deterrent. This might make people think
twice." Hello, suicidal hijackers not only won't be deterred by the death
penalty, they are just as likely to welcome it, if they fail to kill themselves.
The Legislature has refused to adopt a variety of death penalty bills
over the years.
Likewise,
The Legislature has refused repeatedly to enact a flag desecration bill
after the Wisconsin Supreme Court struck down an state old law as a violation
of free speech. Assemblyman Mark Pettis (R-Hertel), who is one of the
sponsors of Assembly Bill 477, says that "It is now our sacred duty to
simply protect it [the U.S. flag]." America is certainly stronger than
those who would desecrate their own flag. New York will rise from the
ashes of its symbolic twin towers because of its spirit, not because it
was illegal to attack a symbol of American economic strength. Our real
strength lies in the American values behind the symbols we cherish.
We can only hope that legislative proponents of these measures are not
using a national crisis to advance their pre-existing agenda.
And,
When the Reverend Jerry Falwell told Pat Robertson's 700 Club audience
that the ACLU, gay and lesbians, abortion providers and other liberal
groups were responsible in part for the attacks, it was pretty outrageous.
The ACLU refused to dignify his remarks with a reply. Dr. Falwell later
apologized.
And,
In Wisconsin a few citizens who were either distraught over events or
are looking for an excuse for their bigotry, harassed neighbors who are
or appear to be Arab-Americans or Muslims. The ACLU/WIF's legal director,
while driving on a Milwaukee expressway, witnessed a pick up truck driver
making an obscene gesture to a van filled with women who appeared to be
Muslims. That's outrageous because it's harmful to our neighbors and to
society as a whole.
The civil liberties response to outrageous statements, of course, is
to fight speech with more speech. When outrageous statements become subjects
of serious consideration, such as legislative action, then the ACLU calls
for serious deliberation. We'll evaluate proposals on the basis of how
they may impact civil liberties. When acts of harassment go beyond speech
and become hate crimes or violate someone's civil rights, then the law
should be invoked to protect all people living in America.
In terms of the current debate, the ACLU has agreed with a host of organizations
to
Ten Points A Statement of Principles:
In Defense of Freedom at a Time of Crisis
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On September 11, 2001 thousands of people
lost their lives in a brutal assault on the American people and the
American form of government. We mourn the loss of these innocent lives
and insist that those who perpetrated these acts be held accountable.
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This tragedy requires all Americans to examine
carefully the steps our country may now take to reduce the risk of
future terrorist attacks.
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We need to consider proposals calmly and
deliberately with a determination not to erode the liberties and freedoms
that are at the core of the American way of life.
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We need to ensure that actions by our government
uphold the principles of a democratic society, accountable government
and international law, and that all decisions are taken in a manner
consistent with the Constitution.
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We can, as we have in the past, in times
of war and of peace, reconcile the requirements of security with the
demands of liberty.
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We should resist the temptation to enact
proposals in the mistaken belief that anything that may be called
anti?terrorist will necessarily provide greater security.
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We should resist efforts to target people
because of their race, religion, ethnic background or appearance,
including immigrants in general, Arab Americans and Muslims.
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We affirm the right of peaceful dissent,
protected by the First Amendment, now, when it is most at risk.
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We should applaud our political leaders in
the days ahead who have the courage to say that our freedoms should
not be limited.
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We must have faith in our democratic system
and our Constitution, and in our ability to protect at the same time
both the freedom and the security of all Americans.
For the list of endorsing organizations, see the national ACLU website
at
As this national nightmare unfolds, different civil liberties are likely
to be implicated. It starts with the rights of suspects or detainees,
then the rights of Arab-Americans and Muslims, then political dissenters
and the press, and before it's over the rights of all Americans to not
only be as safe as possible, but to continue to live in a free society.
ACLU and its members will be defending the role of civil liberties for
months to come.
Benjamin Franklin wrote in 1759, "They that can give up essential liberty
to obtain a little temporary safety deserve neither liberty nor safety."
Today, perhaps we're not as judgmental as old Ben, but it is fair to say
that "They that can give up essential liberty to obtain a little temporary
safety will in the end get neither liberty nor safety."
Chris Ahmuty
Executive Director, American Civil Liberties Union of Wisconsin
If you agree with the ACLU and want to protect diversity in our schools
and metropolitan areas, please consider joining the hundreds of thousands
of patriotic Americans who are members of the ACLU.
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