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Court says: 'Terror Fears Can't Curb Liberty'

jettoblack writes "Finally, a glimmer of sanity... according to the AP, "Fear of a terrorist attack is not sufficient reason for authorities to search people at a protest, a federal appeals court has ruled..." Another great quote: "We cannot simply suspend or restrict civil liberties until the War on Terror is over, because the War on Terror is unlikely ever to be truly over..." Judge Gerald Tjoflat wrote for the panel. "Sept. 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country.""

33 of 210 comments (clear)

  1. No Shit by Tyndmyr · · Score: 3, Insightful

    Glad someone finally figured it out... Does this mean they'll be getting rid of the real threats to our freedom, like the Patriot Act and Bush?

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    1. Re:No Shit by Tyndmyr · · Score: 2, Insightful
      That came across abit much like flamebait... Sorry, just the bitterness.

      Heres the nice version. We all know the quote from benjjie, and its certainly true. Every time the politicians can scare a fair number of the population, theres a massive freedom grab. Wake up people..the odds of dying to a terrorist attack in america is incredibly small. And no, I dont care what terror alert the base is on, or what color terrorist threat it is...

      What risk of dying, per year is enough to yield freedom to avoid? 1/100, 1/100,000? We certainly havent hit either of those...

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    2. Re:No Shit by gothzilla · · Score: 3, Insightful

      Those odds have always been small. Nobody made them that way. The last attack on US soil was in 93. It's annoying when people try to use an extremely short period of time as evidence of anything. Even before we had any type of anti-terrorism anything the odds were small. Even before 9/11 when Bush was on vacation constantly the odds were small. If anything, the odds have gone up since we invaded Iraq. They're still incredibly small though.

    3. Re:No Shit by Profane+MuthaFucka · · Score: 4, Insightful

      Last attack by them furriners was in '93, you mean. But terrorists are more often Americans than middle-Easterners.

      Think of Columbine, Oklahoma City, hundreds of pipe bombs not limited to the "smiley face bomber", anthrax dude (probably American), family planning clinic doctor murders, etc.

      Terrorists are more likely to be fundamentalist white guys than fundamentalist brown guys.

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    4. Re:No Shit by eyeye · · Score: 4, Insightful

      The only reason those odds are small is because of local and international efforts to keep them small.


      Oh sweet fallacious logic.

      Hey I have some elephant repellent here to sell you, it causes cancer but hey you dont see any elephants around here do you so it must work.
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    5. Re:No Shit by Oliver+Wendell+Jones · · Score: 4, Insightful

      Actually the killing of family planning doctors (or more accurately, planned parenthood doctors) is a type of terrorism. They (the activists) are hoping to frighten (and thus TERRORize) the doctors from commiting further acts of what they consider to be unspeakable cruelty and murder.

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    6. Re:No Shit by w3rzr0b0t5 · · Score: 2, Insightful

      Ashcroft doesn't have the power to remove anyone's civil rights. As much as you people may hate to hear that.

    7. Re:No Shit by gothzilla · · Score: 2, Insightful

      No he doesn't, just like the pres doesn't have the power to declare war. People can give them the power to do so though, or those who do have the power can listen to what they want and make it happen. We just like picking on Ashcroft because he's the most visible top link of the chain and he's the one who has made public statements about his views and wishes.

    8. Re:No Shit by Hatta · · Score: 2, Insightful

      Letting two FBI agents, one on a criminal investigation and one on a terrorism investigation, share information -- does that strike you as controversial?

      I don't see why terrorism should be its own crime. If a terrorist kills someone, try him for murder. We don't need more laws to make illegal again what's already illegal.

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    9. Re:No Shit by lynx_user_abroad · · Score: 2, Insightful
      Maybe you can explain how Columbine resembles the definition of terrorism then?

      The link you cite refers to four definitions of "terrorism":

      1. The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2000 by Houghton Mifflin Company.
        1. The unlawful use or threat of violence esp. against the state or the public as a politically motivated means of attack or coercion. Merriam-Webster Dictionary of Law, © 1996 Merriam-Webster, Inc.
        2. violent and intimidating gang activity.Merriam-Webster Dictionary of Law, © 1996 Merriam-Webster, Inc.
      2. The act of terrorizing, or state of being terrorized; a mode of government by terror or intimidation. Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.
      3. the calculated use of violence (or threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimindation or coercion or instilling fear.WordNet ® 2.0, © 2003 Princeton University

      I realize you have a "personal" definition of terrorism which you will bend to fit any particular situation you deem, but clearly an act of terrorism does not require sponsorship by a government, or action against a government, or the use of particular weapons, tactics, or techniques.

      The essential element is fear, and if you don't recognise the element of fear at Columbine, I cannot assist.

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    10. Re:No Shit by Doc+Ruby · · Score: 2, Insightful

      The Guantanamo prisoners were rounded up by the Ashcroft's Department of Justice, with police augmented by military force. He's in charge of their detention and the destruction of their rights. As well as squandering his chances to apply justice to those we've caught.

      Your hidden premise is that the government is covertly preventing terrorism that we don't hear about. But what we do hear of their actions, all the Department of Justice work to try "suspected terrorists", have either freed terrorists, deported them for a second try, sat on them for years of inaction, or "rendered" them to foreign torture chambers. It took al Qaeda 8 years after their first WTC bombing to succeed in their second try. And that 2001 operation didn't take much - nor did questioning prevent it, as the 1993 bombers were to be sentenced in a court a few block from the WTC on 9/12/2001. The secrecy prevents us from telling the difference between government success and enemy incompetence.

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  2. There is hope for my waning faith in Americans. by spikexyz · · Score: 5, Insightful

    Maybe soon someone will see that this whole security thing is a farce. Saying it has prevented terrorist attacks is like Bush holding up a stick and declaring the stick repels Gorillas. -- Well you don't see any gorillas do you?? It's a farce and it's freaky that you're all falling for it!

    Stop being lemmings. Question your leaders. Listen to Jon Stewart!

    You put men on the moon; there has to be some smart people in the country...get them out of the closet...and make one of the president. PLEASE!

    1. Re:There is hope for my waning faith in Americans. by Edax+Rarem · · Score: 4, Insightful

      Very nice.. the parent makes a valid point and you feel the need to to point out that his logic has holes.
      This is about civil liberties being taken by this administration and those that oppose or go against this "regime" are tagged as UnAmerican or just thrown into jail.
      [http://www.elfis.net/phorum/read.php?f=45& i=139&t =139]

      Using detectors to detect bombs or weapons is common sense, but jailing someone for wearing a t-shirt is WRONG. Finally someone with authority has said so.
      Please loosen your sphincter.

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      I hate my sig.
    2. Re:There is hope for my waning faith in Americans. by DAldredge · · Score: 2, Insightful

      "As part of my War on Terror, please unreasonably search all those Goddamned stupid hippies who have been annually gathering to stink up the Georgia countryside lo, this past quarter century?"

      Seeing as how he in the top man in the Executive branch and seeing as how various executive branch depts have issues 'advisories' sayting that protesters should be searched, then yes Bush has said that.

    3. Re:There is hope for my waning faith in Americans. by scotch · · Score: 3, Insightful
      If one credits the Bush Administration for keeping us safe after 9/11, doesn't one have to blame the Bush Administration for not keeping us safe on 9/11? Just curious - I'm not saying you have that opinion, exactly, and I certainly don't, but those who support the present administration because of the feeling of safety they get should think about that. The real reasons for the lack of terrorist attacks on American soil since 9/11 are

      • The terorrists have limited resources
      • Even in our non-security-aware pre-9/11 day, terrorist attacks in the US were extremeley rare
      • The intelligence community has been tracking terrorist activity for decades. They're doing more of it now, sure, but they were doing in before.
      • General security measures at airports and other places (metal detectors, bomb sniffers, id checks, etc), while not perfect, certainly limited the types of action terrorists could take.
      • Conducting a terrorist activity in the US probably takes brains, connections, money, time, and other resources. Putting all that together in a group of non-self-destructive extremists is probably rare
      Of course, it may and probably will happen again. I personally think a better approach is a strong intelligence and home-land security community working on the problem behind the scenes. The public shouldn't need to get all slathered up about it with threat levels and campaign trail bullshit. Civil liberty restrictions are of course wrong and probably counterproductive as well. We don't need to be triggering the McVeihs whlie we're doing this.

      As far as being glad the shit is going down in Iraq rather than over here, that's pretty sad. Is that a new justification for the un-justifiable war? Stir up some hornets' nest in some country we don't care about to keep us safe at home? Will your opinion change with the number of US casualties exceeds those of 9/11 (non US casualties are already way over the 9/11 numbers, but not every cares about those people).?

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    4. Re:There is hope for my waning faith in Americans. by Edax+Rarem · · Score: 5, Insightful

      How is it healthy for people to be jailed for non-violent protest?
      How is it "private" if anyone can buy a ticket? (as they did)
      And you are saying it is obnoxious to wear a tee-shirt?
      I got news for you... that is called freedom of speech, freedom of press and freedom of expression and what you are suggesting is OK and "healthy" is what I would call Facism.

      The charges of tresspassing were dropped, but only after the damage was done so the President didn't have to see that some people don't like him.

      This is exactly what is wrong with this administration. They refuse to believe that more than half of America and most of the world don't approve of what they are doing and they are willing to trounce upon, ignore and remove our civil rights for their own agendas.

      And you think this is healthy?!?

      Here is a better link (google cached)
      http://216.239.41.104/search?q=cache:VVEb em1ytvcJ: abcnews.go.com/wire/US/ap20040914_1592.html+couple +arrested+wearing+anti+bush+shirts&hl=en

      There are plenty more out there too...

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    5. Re:There is hope for my waning faith in Americans. by Edax+Rarem · · Score: 4, Insightful

      When was the last time you were accosted by a t-shirt?

      Your comparisons about privacy are apples to oranges.
      They weren't speaking to anyone rudely. They were wearing clothes. Then they were hadcuffed and detained. Is this right?

      If you wore a "Cat's Sucks" T-shirt to the play Cats, there is not a damned thing anyone could do to you.
      It means that, in an extreme example that if the current powers don't like the little polo guy on your polo shirt, they could have the secret service remove you because they can't play polo.
      Then they could make you wear that polo shirt all the time so they know what you represent, then they could put you in a camp with all the other polo shirt wearers.
      Do you see where this is leading?
      Are you still for arresting people because of what they wear? If so, I would like to introduce you to some of my jewish friends.

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    6. Re:There is hope for my waning faith in Americans. by Edax+Rarem · · Score: 2, Insightful

      Kerry's stump speeches are open to the public.
      Republicans make you sign a declaration of support before attending.

      Who is being Orwellian here?

      You seem to believe that one person's opinion worn on an article of clothing can be offensive enough to deserve arrest.
      But the bottom line is... that is a RIGHT protected by the constitution. Which is why these people in question are sueing.

      It seems that you have some sort of T-shirt phobia. My question is... does it end there or are you terrified by all clothing and think that those wearing clothes should be removed from your sight? Being afraid of what people wear is closely akin to being afraid of one's skin color.

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    7. Re:There is hope for my waning faith in Americans. by Edax+Rarem · · Score: 2, Insightful

      They weren't jailed for non-violent protest. They were arrested and released (no jail time) for trespassing.

      WhatEVER...they were hadcuffed and removed...for wearing a T-Shirt!
      They can call it tresspassing, but that isn't the reason at all and we all know it.
      Isn't this just a little rediculous to you?

      Please see my other post:
      http://slashdot.org/comments.pl?sid=126073& thresho ld=1&commentsort=3&tid=226&mode=thread&pid=1055672 6#10556940

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    8. Re:There is hope for my waning faith in Americans. by Edax+Rarem · · Score: 4, Insightful

      What law did they break?
      The charges of trespassing were dropped.
      So that ain't it.

      Your ticketed event defense only holds up if it is a private members only event. If that was the case how did these folks get the tickets and how were they then allowed in? The fact that they were allowed in tells me that at one point, they were welcome. The minute they became unwelcome was when they exposed clothing that someone didn't like.

      Did the event specifically say "No Anti-Bush T-shirts"? I doubt it because that may have been grounds to remove them and they wouldn't have had to use Trespassing as an excuse. Even then it isn't grounds to ARREST them.
      Re: Validity
      My entire arguement here is validated by the fact that these people are SUEING because their rights have been infinged upon. When they win (as the Judge in the topic of this thread has made apparent that they have a good case) I expect you to at least try and see it another way.

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    9. Re:There is hope for my waning faith in Americans. by White+Roses · · Score: 2, Insightful
      The sad thing is that most voters are more like Homer than Lisa:

      Homer: "Not a bear in sight. The Bear Patrol must be working like a charm."
      Lisa: "That's specious reasoning, Dad."
      Homer: "Thank you, dear."
      Lisa: "By your logic I could claim that this rock keeps tigers away."
      Homer: "Oh, how does it work?"
      Lisa: "It doesn't work."
      Homer: "Uh-huh."
      Lisa: "It's just a stupid rock."
      Homer: "Uh-huh."
      Lisa: "But I don't see any tigers around, do you?"
      Homer: "Lisa, I want to buy your rock."

      People, Homer is not a role model. The basis of the republic is a well-informed and educated citizenry. Clearly, thanks to Fox News and "No Child Let Behind" we have neither. Not that any other "news" station or education policy in the last 50 years has done anything differently.

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  3. Security and Liberty by XxtraLarGe · · Score: 2, Insightful

    Bravo! I believe it was Ben Franklin who said "Those who would exchange liberty for security will neither get nor deserve either."

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  4. Re:School of the Americas by mintrepublic · · Score: 3, Insightful

    Understandably, SOA Watch is very biased against WHISC. They neglect to mention all of the great humanitarian things graduates have done, along with overthrowing fascist and corrupt governments. Yes, some techniques are questionable, but again, it's not the US doing the foreign work. The hippies that protest there (and it definitely happens more than once a year) see that it has caused some unneeded violence over the years and lobby to close it, ignoring the good that these people can do.

  5. Re:School of the Americas by Anonymous Coward · · Score: 2, Insightful

    The hippies that protest there (and it definitely happens more than once a year) see that it has caused some unneeded violence over the years and lobby to close it, ignoring the good that these people can do.

    I know there's some famous saying about ends justifying the means...

    Yes, some techniques are questionable, but again, it's not the US doing the foreign work

    Right. Proxy forces are a beutiful thing. Just arm and train groups to do exactly what you want done, and wash your hands of it.

  6. And in other news by b-baggins · · Score: 3, Insightful

    An judge also ruled that fear of a murder attempt is not sufficient reason to search individuals at a public place because we will never eliminate all murder.

    The judge then retired to his gated community after checking in with the security guard.

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    1. Re:And in other news by snwcrash · · Score: 2, Insightful
      So if I'm afraid I'm going to be murdered we should just round up everyone on the steet and search them? Even if there is no reason to suspect any of them is plotting a crime?

      We are supposed to be free of unreasonable search, which means the police have to have some reasonable evidance that I am acting suspiciously. SCOUS has found that you can't search everyone in the area without probably cause on numerous occasions.

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    2. Re:And in other news by StrawberryFrog · · Score: 2, Insightful

      An judge also ruled that fear of a murder attempt is not sufficient reason to search individuals at a public place because we will never eliminate all murder.

      "An judge" is flawed grammar, you mean "A judge".

      The rest of your analogy is also flawed. Searching everyone at the scene of a serious crime - go right ahead. Searching where there is supposedly evidence of intent to commit a crime - checks and balances are needed, e.g. a warrant.

      Searching everyone at a political protest because of a "heightened state of alert" and an intentional climate of fear resulting from murders occurring on the 11th of Sept 2 years ago: big civil liberties problem.

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      StrawberryFrog

  7. Re:Some good news! by DAldredge · · Score: 2, Insightful

    Judging by the actions at the Dems national convention and the lack of legislation repealing such abuses from Kerry I think the Dems are worse than the GOP as the GOP isn't saying they are against it then doing nothing to stop it.

  8. It's more complicated than that by Tau+Zero · · Score: 5, Insightful
    Letting two FBI agents, one on a criminal investigation and one on a terrorism investigation, share information -- does that strike you as controversial?
    It should. It means that the terrorism investigator can pull all kinds of information without reasonable cause and hand it to the criminal investigator. This effectively guts the erstwhile Fourth Amendment rights against unreasonable search.

    This would be one thing if the ability to use such information was strictly limited to terrorism cases, but it's not. It essentially gives government a whole new set of tools to get anyone they really want to get, and they don't even have to hide the wiretaps and other (once illegal) searches and intercepts any more.

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  9. Article Summary. by Anonymous Coward · · Score: 4, Insightful

    I wish Slashdot would just report political news without the slant. Anyway, while the Summary stated that

    "Finally, a glimmer of sanity... according to the AP, "Fear of a terrorist attack is not sufficient reason for authorities to search people at a protest, a federal appeals court has ruled...""

    The article said "In the absence of some reason to believe that international terrorists would target or infiltrate this protest, there is no basis for using Sept. 11 as an excuse for searching the protesters,". Which is nice and all, but I would feel a lot better if the word "international" wasn't in there. There have been Terrorists born and raised in America.

    I noticed many people quoting Ben Franklin in the comments to this article. Do you realize you are quoting him out of context? He did write (and often said) "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." Do you know what he was referring to? Not Al Quadia or their ilk for sure. He was talking about welfare and the welfare state. The essential liberty he spoke of was our right not to be unreasonably taxed by the government. Surely if he saw our government today with all of it's socialist programs he would roll over in his grave.

    If you read some of his writing you will find many quotes to that effect. Such as

    God helps them that help themselves.

  10. Learn well! by Guppy06 · · Score: 4, Insightful

    It would seem that the branch of government most concerned about our civil liberties is the one that isn't directly elected. Direct elections aren't always the best way to guard our liberty.

    1. Re:Learn well! by nine-times · · Score: 2, Insightful

      (you probably had this in mind, but...) that's exactly the point of the judicial branch. The fact that they aren't elected, and are usually appointed for life, it was done on purpose so they wouldn't really need to answer to anyone. They would be free from the need to play politics, and could make their decisions for honest reasons, making them the most likely of any of the branches to do what's "right" and "fair". That's the idea anyway. (though I'm just stating more explicitly what you seemed to imply)

  11. And now, the facts. by khasim · · Score: 2, Insightful

    #1. Terrorist attacks have increased around the world since Bush took office. Far from winning the war against terror, we seem to be losing it (look at our deficit).

    #2. If you count attacks on US citizens, there has been a huge increase in terrorist attacks against us. Sure, they're mostly in Afghanistan and Iraq, but the terrorists don't have to travel too far.

    Destroying terrorist training camps and other operations in Iraq.

    Prior to our invasion, there was only one confirmed training camp. And we were protecting it. It was in our "no fly zone".

    Doing the U.N.'s work for them, despite its corruption and weakness.

    Strange how the UN inspectors came to the conclusion that Iraq did not have "WMD's" before Bush did. In fact, Bush and Co. still spout off about "WMD's" that Iraq had (and moved or destroyed before we invaded or whatever).

    Setting an example that if you screw with the U.S., we'll kick your ass.

    Yet Iraq did not "screw with the U.S.". Rather, it appears that we did so to control their oil.

    Put political pressure on Iran by surrounding it with two liberated countries with newly-created democracies.

    Rather, wait until Iraq elects a Theocracy. Or will we go in and overthrow their legally elected government? :)

    WMDs in Iraq (overemphasized like I stated), proven out in the fact that David Kay, et al, concluded the desire was there and no one seems to mention the 500 tons of yellow-cake uranium that can be purified into enough fuel for 140+ bombs.

    No yellow cake was in Iraq. The reason no one mentions it is because it does not exist.

    All of this was clearly stated before 2003, it's just that Bush made the mistake of stressing the WMD issue more.

    That wasn't a "mistake". That is what regular people call a "lie".