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Traveler Detained for Anti-TSA Message

scifience writes "A traveler frustrated with recent changes to airport security procedures found himself detained in Milwaukee after writing a message critical of the TSA's leader on a plastic bag presented for screening. The message, which read "Kip Hawley is an Idiot," resulted in a confrontation with law enforcement, the traveler being told that his right to freedom of speech applied only "out there (pointing past the id checkers) not while in here [the checkpoint]." The story, which is detailed in a rapidly-growing thread on a discussion forum catering to frequent flyers, has attracted the interest of the ACLU, an AP reporter, and many others. The incident raises a number of interesting questions and concerns regarding just where our rights end."

39 of 1,082 comments (clear)

  1. It used to be your rights end where mine begin by BadAnalogyGuy · · Score: 5, Insightful

    But increasingly, your rights end where dissent begins.

    1. Re:It used to be your rights end where mine begin by arivanov · · Score: 5, Interesting
      Same here. I avoid to the extent possible any travel to the US.

      I turned down two jobs for the sole reason that they advertised "frequent travel to US headquarters" as an advantage. No thanks, that is not an advantage. It is a first degree disadvantage.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    2. Re:It used to be your rights end where mine begin by Anonymous Coward · · Score: 5, Insightful

      Was that not the purpose of the 2nd Amendment to the US constitution? So as to enable the people to re-take control if the government got out of hand.

    3. Re:It used to be your rights end where mine begin by TrentTheThief · · Score: 5, Insightful

      As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air however slight lest we become unwitting victims of the darkness.
      ---
      William O. Douglas, Justice of the U.S. Supreme Court

      When I start ranting about this kind crap 20 years ago, everyone thoguht I was insanely paranoid.

      Well, I guess now the shackle is on the other foot. Arbeit Mach Frie.

    4. Re:It used to be your rights end where mine begin by jcr · · Score: 5, Interesting

      No, your rights remain.They may be infringed, but your rights are still your rights, and that's why this traveller has a cause of action to sue the TSA over this fracas.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    5. Re:It used to be your rights end where mine begin by nomadic · · Score: 5, Insightful

      Privately owned airports are private property. They may be guarded by the government but on my property if you say I'm an idiot I'm kicking you off. If you walked into a wal-mart with a shirt that said wal-mart sucks you would get kicked out. Feel free to wear that crap out on the street. People aren't let into restaraunts and clubs all the tim because of attire. Why the hell would an airport be any different?

      ...

      That post is so wrong that I don't even know where to begin. First of all, where do you get the idea that the airport in question is privately-owned? It's not. Why would you make a statement like that without spending 5 seconds on a google search?

      Secondly even if it had been, he wasn't denied access by the owners of the airport, but by agents of the federal government. Since TSA agents are required there by law and answer to the federal government, they're not agents of any theoretical owner of the airport and are not the owner's agents. They have no right to make decisions like that.

      Thirdly, even if it had been a privately-owned airport and he was denied access by the owners of the airport, airports are places of public accomodation where your first amendment rights receive some protection.

    6. Re:It used to be your rights end where mine begin by AndersOSU · · Score: 5, Insightful

      While I think that all the examples you gave indicate an abuse of power, and should be stopped, I have to ask if you think any of this is new?

      The only thing new here is the technology - police abuse of power has been around since there were police (and before that it was other people in positions of authority abusing their power.)

      Whenever I see these threads about the US going to hell in a handbag I always ask, and how is this different? Sure there are somethings to be concerned about (e.g. domestic wiretapping.) But when people go on about how america isn't what it used to be, they loose at least some credibility in my eyes. Sure america might not be what it was idealized to be - but then again it never has been. (alien and sedition acts, jim crow, japenese internment camps, and the red scare.)

      Not that I'm defending any abuses of liberty, but it isn't like it is something new, or to put it away America hasn't changed as much as some want us to think.

    7. Re:It used to be your rights end where mine begin by PeterBrett · · Score: 5, Informative
      This leads me to wonder if you've ever even been to the UK. Where I live, the only 'pervasive surveillance' is in shopping malls and smaller retail outlets, and is all private. If you don't want to be surveilled (sic) you can just avoid the shops with CCTV (and, of course, pay more since you are also paying for shoplifters).

      I live in Cambridge. There is extensive centrally-controlled CCTV coverage throughout the city centre, and in fact the city council have started a poster campaign encouraging people to report potentially criminal behaviour within a CCTV-covered area, by sending a text message to the control centre.

      You missed out the excessive force part. You are perfectly free to defend yourself with 'reasonable force.' This means force proportional to the threat. If someone threatens to punch you and you shoot them then this is not reasonable force, and you will be prosecuted. Self defence continues to be a valid defence in the UK, but self defence ends as a defence after you have neutralised the threat.

      Actually, this isn't entirely accurate. Suppose someone threatens you with a knife, and you point a shotgun at them. They then lunge at you anyway, and you pull the trigger and kill them. IANAL, but people who are have suggested that this falls under the remit of 'reasonable force.'

      One of the reasons that the farmer who I think the GP was referring to was sent down for such a long time was that he shot the fellow in the back, and thus he could not claim that pulling the trigger was immediate self-defence. I suspect he would have got away with it if he had just emptied a barrel into the burglar's chest without threatening him or giving any warning.

      I can't say I'm itching to put these theories to the test, though...

    8. Re:It used to be your rights end where mine begin by lawpoop · · Score: 5, Interesting

      A few months ago I would have agreed with you. That was before I started learning the recent history.

      It was after Nixon's political demise that Cheney, Rumsfeld, and others who came to be called Neo-cons stared to look for ways to increase the power of the presidency. Remember, it was Nixon who said that anything the president does it legal, because it is the president who is doing it. In other words, the president is above the law. Since then, they have slowly been setting the stage for this very day.

      We had Reagan, who destroyed the unions and set up the boogeyman of the welfare queen, to destroy the social safety net and job security of the middle class. Look where we are now -- Productivity is the highest its been in fifty years, yet people are making less money, working more hours, with less benefits. Prices are up, savings is at an all-time low, and credit card debt at a high. People can't worry about politics -- they are too busy working. Have a problem with this? Shut up with your class warfare and get back to work.

      Then came Bush Sr., who was somewhat stymied by a democratic congress and a single term. Clinton's anti-terrorism efforts were hampered by Republicans charging about gays in the military and Lewinsky. I assume I don't need to tell you about Bush.

      So if you look at who the major players are behind the scenes in the Regan and both Bush presidencies, you will find Cheney, Rumsfeld, Wolfowitz, and assorted other Neo-cons who wanted to strengthen the presidency after Nixon's impeachment. Scary.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    9. Re:It used to be your rights end where mine begin by Casualposter · · Score: 5, Insightful

      What bothers me is this attitude that our rights have diminished. They have not. They are inalienable rights, which means that they cannot be taken away. Governments may attempt and even succeed at harming someone for the expression of a right, but that government CANNOT take that right away.

      The time is coming, if not now, that the people of the USA must take their government to task for the abridgement of the expression of our rights.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    10. Re:It used to be your rights end where mine begin by organgtool · · Score: 5, Insightful

      If the point of this article is that U.S. citizens are not able to exercise the rights granted to them by the FIRST amendment, what makes you think that they are free to exercise the rights of the second amendment, or any other amendment for that matter. The U.S. is not at war with terror - the Bush administration is at war with the Constitution.

  2. Our rights by naich · · Score: 5, Insightful

    "The incident raises a number of interesting questions and concerns regarding just where our rights end."

    Don't you mean "... when our rights ended"?

    1. Re:Our rights by Shaper_pmp · · Score: 5, Insightful

      Damn, forgot to add:

      "Yes, I'm aware of the "free speech zones" at debates and conventions in recent elections, and I think they're a horrible idea, but at least in those cases it's motivated by the inability of police to guarantee the safety of the people both inside and outside the building when a terror target is that high-profile."

      In other words, the threat of terrorism (which, if you look up the statistics is on par with your chances of being struck by lightning) means we have to restrict free speech?

      So why don't we have laws restricting people from congregating out in the open when the weather's looking a bit sketchy?

      And why should people be allowed into rallies or photo-ops if they look like supporters, but herded into free speech zones if they look like protesters? If anyone was going to bomb the Republican Party Convention do you really think they'd be stupid enough to wander up wearing a "Fuck Bush" T-shirt over their homemade dynamite vest?

      This entire rationale is so pathetically flimsy it's completely see-through. There is only one reason to herd peaceful protesters into designated (almost always well-hidden) areas but still allow supporters through, and that's because you don't want people to see the protest.

      Unfortunately that's rather the whole point of your right to free assembly, so they have to come up with a pathetic pretext to allow them to needlessly violate your basic rights.

      "On the other hand, those events are infrequent compared with the hindrances on free speech rights that take place at our public educational institutions every day, this time motivated by left-leaning political correctness advocates rather than by right-leaning Patriot Act advocates."

      I read the article. A religious group thinks it should continue to receive funding from a state school, but should be allowed to only admit individuals who share that faith. The state school thinks that this violates Separation of Church and State, which sounds pretty correct to me.

      The school has offered to either stop funding all the religious groups in the school, or continue to fund the Knights of Columbus if it admits non-believers. The group has refused this.

      Nobody's denying anyone free speech, and it's shockingly intellectually dishonest to claim they are.

      All the school is saying is that if the group's going to exclude people on religious lines, then they (as a state entity) shouldn't be paying them to do it.

      As (presumably) a religious person, how would you feel about your kid's school funding a science club that refused to allow membership to Christians?

      --
      Everything in moderation, including moderation itself
  3. They end right there... by 3.14159265 · · Score: 5, Insightful

    "The incident raises a number of interesting questions and concerns regarding just where our rights end."

    Well, they end right there at the point where people happily exchange freedom for that so called "security".

    -------

    Born stupid? Try again.

  4. Constitution? by Anonymous Coward · · Score: 5, Insightful

    Don't you yanks have a constitiution for this sort of thing?

    1. Re:Constitution? by BadAnalogyGuy · · Score: 5, Funny

      Lots of Americans have the constitution of a beached whale.

    2. Re:Constitution? by vtcodger · · Score: 5, Insightful
      ***Don't you yanks have a constitiution for this sort of thing?***

      Sure, but so do Cuba, China, and Libya.

      Here's a short excerpt from the constitution of the People's Republic of China.

      "Article 35. Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.

      Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief..."

      Constitutions only work when the people in charge feel constrained by their content

      --
      You can't see ANYTHING from a car, You've got to get out of the goddamned contraption and walk...Edward Abbey
  5. where our rights end by Threni · · Score: 5, Insightful

    > regarding just where our rights end.

    Your rights ended on the morning of September 11th 2001 - apparantly the morning of a successful coup of the US government by Al-Queda.

    1. Re:where our rights end by Analogy+Man · · Score: 5, Insightful
      When the USA started measuring itself against the worst in the world instead of the best is when Al-Queda won. How many times have you heard the pundit apologists rationalize actions that go against everything America stands for with these stupid streams of logic?
      • RE: the assault on our civil liberties - "They didn't have those freedom's in Iraq."
      • Re: Detainment, torture, Abu Graib - "We don't video tape beheadings"
      • Re: Telling lies to the American people. - "Bush didn't have an affair with a fat cow and lie about that"
      --
      When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
  6. Liberalism by SlOrbA · · Score: 5, Insightful

    In Civilization IV's Civilopedia there is a Benjamin Franklin quotation on article about Liberalism.

    "Any society that would give up a little liberty to gain a little security will deserve neither and lose both"

    In this context the society is not the State but the airport. Do people feel more secure on security control when a person before them is pointed out because of critisim about the system or are they going to be looking around for the lion in the bushes.

    1. Re:Liberalism by ObsessiveMathsFreak · · Score: 5, Insightful
      In times of war sacrifices have to be made. This isn't about "rights", this is about survival.
      Yes!! We must destroy our society in order to save it! What's integrity when you can have piece of mind?!!
      --
      May the Maths Be with you!
  7. Are Rights Cyclic? by Anonymous Coward · · Score: 5, Interesting

    I wonder if there was a similar erosion of rights and freedoms during the second world war? And if so, was that erosion reversed during the period after WWII?

  8. Re:Hang on... by i_should_be_working · · Score: 5, Funny

    Makes sense. I left the states in '98 and my rights are still (mostly) intact.

  9. This reminds me of an old saying by hey! · · Score: 5, Insightful

    If you don't think too clearly, then it's best you don't think to much.

    Evidently philosophical acumen apprently isn't high on the list of qualifications for being a TSA screener.

    That said, I fly a great deal, and TSA personnel seem to be fairly representative of the rest of the human race; some are automatically grouchy and unpleasant, some are tempermentally helpful and friendly, and the majority are like most people, they give you back what you bring them. When you're snide or difficult, the grouchy ones return with interest; when you are pleasant and courteous, the friendly ones return that with interest.

    Speaking of philosophy, in Plato's ideal state there were three classes of people, rulers, who required the virtue of wisdom (sophia); soldiers, who required the virtue of courage (andreia); and the rest of the people who required the virtue of sophrosune, which is translated often as moderation, but is perhaps better thought of as temperance. The Greeks thought of this as a kind of self-control over pleasure seaking, but it applies to the negative emotions like anger and suspicion as well. In a modern democratic republic, people (even soliders -- possibly especially them) are called on to excerise the virtues of all three Platonic classes of people, although in different measure.

    TSA is above all a civilian agency, although security is its function. And the civilian virtue of temperance is critical to the efficient execution of its duties. Consider the grouchy, aggressive and irritable inspector, on one hand, and the overly friendly one on the other. These are both bad, not because the travelling population is comprised mostly of decent people (it is) on one hand, nor because the travelling population contains dangerous bad people (it does). The reason these characteristics are bad in a screener is that they are both forms of distraction from the actual job.

    TSA was cobbled together pretty much overnight, so its a mixed bag. But consider the benefits of moderation. If you're too suspicious, you jump to conclusions and you dwell on irrelevant details. If I were a terrorist, I'd want to be a couple of people behind the guy with the Kip Hawley bag, so I could pass through while everyone was dealing with the First Amendment brouhahah. Likewise, you want the inspectors to be pleasant, but not too friendly. Pleasant behavior is a social lubricant; it makes things run faster. That means more people inspected in a given number of time, or the same number scrutinized in more detail. But you don't want pleasantness to rise to outright friendliness. Chatting and making small talk would get in the way of business.

    Of course, you need a wide selection of people if you want to consistently pick the ones from the middle of the deck. For better or worse, security is just one of those things we think anybody is able to do; we don't see it as a job with high professional or personal qualifications. By paying accordingly, we don't a work force which is consistently fitted to do the job with excellence. We end up with a workforce that is representative of the population, and have to accept the natural variations in performance that involves. Perhaps that's good enough. Freedom isn't going to fall apart because of some hot-headed TSA employee taking it upon himself to impose loyalty on the citizenry. Society isn't going to unravel if the occasional airplane is hijacked. We don't like to think of it this way, but we really treat these things as part of the cost of doing the business of society. If we didn't, we'd do what was necessary to have a more consistenly professional TSA.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  10. WWII *had* an end by Mr2001 · · Score: 5, Insightful

    The problem with our current "war" is it has no defined condition for winning. We won WWII when Germany and Japan were defeated, but our current military escapades have no potential end in sight.

    How will we know when the War On Terror is over? George W. Bush said, on 9/20/2001, that it "will not end until every terrorist group of global reach has been found, stopped and defeated". How the hell are we going to determine that? Who can possibly predict how long that'll take?

    Similar problems present themselves in Iraq. "Major combat operations" officially ended over three years ago, when that banner was unfurled on the aircraft carrier. But we're still there. We've been hearing phrases like "as the Iraqis stand up, we'll stand down" and "the next six months will be critical" for years now, with no end in sight.

    We have no definition of victory. You can't compare this current erosion of rights, done in the name of perpetual war, with any erosion of rights that might've occurred during the well-defined WWII, because no one has any idea when we'll even know that it's time to expect our rights back.

    --
    Visual IRC: Fast. Powerful. Free.
    1. Re:WWII *had* an end by dan+dan+the+dna+man · · Score: 5, Insightful

      How will we know when the War On Terror is over?

      It's slated to finish shortly after the War On Drugs.

      --
      I don't read your sig, why do you read mine?
  11. The harrass pilots as well by NiceBacon · · Score: 5, Interesting

    A lot of the members in my gliding club are airline pilots and i hear a lot of stories from them.

    The pilots have to pass through security just like the rest of us, and from what I hear they are getting increasingly fed up with the security screening staff. The general opinion is, that these are the same personality types that under different circumstances would become executioners.

    Some of the pilots fought back though. One guy I heard of, attempted to pass through the detector gate, carefully making sure to step over an imaginary 1 foot high obstruction.
    The screening crew apparently didn't have a sense of humor and made the pilot walk through the gate again, warning him to do it "normal" this time around.
    At first the pilot prcoeeded normally through the gate, but stopped in the middle of the gate, spinning around in a Michael Jackson-esqe manouvre and exited the gate walking backwards. The screening crew went ballistic and forced him through a third time before he was let through.

    Another pilot presented his ID card to the security screening crew, was let through and pocketed his card again, hurrying towards his assigned aircraft. He was running late.
    Airpot security guidelines clearly states that ID cards should be carried visible at all times and a female security offcial noticed that the pilot did not carry a visible ID-card, took offence and ran after him. The pilot made it all the way to the cockpit and was sitting down and preparing for the flight, when the security offical came bursting into the cockpit, throwing a hissy fit and telling the pilot off for not wearing the ID card visible. The pilots in the cockpit were running late and were getting increasingly annoyed by the security official, when they noticed that the official was not carrying an ID card herself.
    "So who are you?", they asked her, demanding to see her ID card. Fumbling around her pockets, she realised that she had left her own ID card behind, when running after the pilot.
    The pilots resolutely locked the cockpit security doors and radioed the airport advising them that an unknown person that could not identify herself was locked in the cockpit with them.
    The security official was then escorted off the plane by two armed police officers.

  12. Re:T-shirts by lixee · · Score: 5, Informative

    Remember the guy who was denied access to the plane until he removes his T-shirt bearing "We will not be silenced" in both Arabic and English?http://in.today.reuters.com/news/NewsArtic le.aspx?type=worldNews&storyID=2006-08-30T071006Z_ 01_NOOTR_RTRJONC_0_India-265380-1.xml

    --
    Res publica non dominetur
  13. Re:RTFA (Read The Fucking Amendment) by ObsessiveMathsFreak · · Score: 5, Insightful
    Capisci? Your freedom of speech, or press, or whatever, exist _only_ in your relation to congress. Noone else. Not an airline, not your neighbour, not Slashdot, not your employer, etc.
    Nice tirade, but in all that you forgot one small detail. The TSA is a part of the government. A private airline has no power to detain anyone whatsoever, or to search anyone for that matter. This guy was detained, questioned, berated and denounced by government officials. Your country is still turning into a police state, despite your excuses.
    --
    May the Maths Be with you!
  14. The Real Problem by Steve+B · · Score: 5, Funny

    A traveler frustrated with recent changes to airport security procedures found himself detained in Milwaukee after writing a message critical of the TSA's leader on a plastic bag presented for screening. The message, which read "Kip Hawley is an Idiot," resulted in a confrontation with law enforcement

    He's lucky he didn't get arrested for revealing a state secret.

    --
    /. If the government wants us to respect the law, it should set a better example.
  15. It's The Pettiness by ObsessiveMathsFreak · · Score: 5, Insightful
    On the other hand, as abuses of authority go, this is fairly mild.
    But it's the pettiness of it that really stings though. The fact that jumped up little dictators in lowly positions abuse the current hysteria to basically enforce their views and opinions on others is really awful. It's like how factory foremen or the local priest used to dominate their communities, forcing people who were on paper free men, to essentially bow to their will.

    Let's say you're a frequent flyer, for reasons of business. If your local TSA supervisor gropes you or someone you know at a bar or on the street, what are you going to do? What if they get in a property dispute with you? What if their child is tormenting your child at school? What if they don't like the clubs or places you want to frequent? What if you want to campaign for a political party they don't really like?

    What will you do? Exercise your rights? Do something that might displease the officials? Perturb or them in some small way? You will on your fuck! You will drop everything and anything the moment you smell that this petty prick might make flying more difficult for you. Only fools and people with the right kind of friends will do otherwise.

    As the TSA officials and persons like them grow in number and influence, expect such situations to arise. You think it won't happen? The people who set up the TSA, the people in the TSA, they all believe that such a state of affairs would be right and proper. They have a world view, and it does not involve tolerance for yours. If they can find a way to make life miserable for people who don't follow them, they will.
    --
    May the Maths Be with you!
  16. Airport security or social engineering? by marcello_dl · · Score: 5, Interesting

    I might be paranoid but this seems all a big charade. After hijacking the planes for 9/11, we witnessed repeated attempts at blowing planes up, first the guy with explosive under the shoe, then the other guys who wanted to come onboard with liquid explosives. The problem is that Al qaeda should have hundreds of surface to air missile launchers left from Afghanistan campaign when they fought for USA aganst Soviet Russia (in soviet russia terrorists fight for YOU!). Those are made to hit military planes, a civilian plane during takeoff is a joke for them, I guess.
    Al quaeda seems not willing to embarass the US by using the arms they got from them, in the meantime western citizens are being trained to be questioned, searched, put in custody for merely losing patience. Here the 500-1500 stingers given to Bin Laden... all lost? If so, can't they buy anything second hand in Kosovo? Strange.

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  17. Re:Well, Duhh. by Minwee · · Score: 5, Interesting

    I think the term you are looking for is "Salami Tactics". I believe that Sir Humphrey Appleby had something to say on the subject. Into the Wayback Machine, Sherman!

    "They know if they launched an attack. I'd press the button."
    "You would?"
    "At the last resort, yes, I certainly would."
    "And what is the last resort? ... If they try anything, it will be salami tactics."
    "Salami tactics?"
    "Slice by slice. One small piece at a time. So will you press the button if they invade West Berlin? Riots in West Berlin, buildings in flames. East German fire brigade crosses the border to help. Would you press the button...? The East German police come with them. Then some troops, more troops just for riot control, they say. And then the East German troops are replaced by Russian troops. Button...? Then the Russian troops don't go. They are invited to stay to support civilian administration. The civilian administration closes roads and Tempelhof Airport. The Russian army accidentally on purpose cross the West German frontier. Suppose the Russians have invaded West Germany, Belgium, Holland, France? Suppose their tanks and troops have reached the English Channel and are poised to invade? Is that the last resort?"
    "We'd only fight a nuclear war to defend ourselves. That would be committing suicide!"
    "So what is the last resort? Piccadilly? Watford Gap service station? The Reform Club?"

    So where is the real danger? When your first amendment rights disappear? ("He shouldn't have said that. It's unpatriotic.") Third? ("Support our troops! And have breakfast waiting for them in the morning, please.") Fourth? ("If he wasn't a terrorist, he would have nothing to hide.") Sixth, Seventh and Eighth? ("They're enemy combatants, not people.") Or should you wait until they're all gone to start worrying?

    Hey, as long as you have the twenty-first then things are all A-OK, right?

  18. You think it's bad now?! JUST WAIT. by aussersterne · · Score: 5, Informative

    I think few Americans right now realize that congress is working, yesterday and today, on passing (not just writing or introducing, but passing, it's already through the house and now up for vote in the senate) a bill that will end habeas corupus and legalize torture:

    http://news.google.com/news?q=torture+bill+senate+ habeas&hl=en&hs=GCv&lr=&safe=off&client=firefox&rl s=Swiftfox:en-US:unofficial&sa=X&oi=news&ct=title
    http://www.zmag.org/content/showarticle.cfm?Sectio nID=40&ItemID=11071
    http://www.upi.com/SecurityTerrorism/view.php?Stor yID=20060924-060744-4556r
    http://www.washingtonpost.com/wp-dyn/content/artic le/2006/09/26/AR2006092601475.html

    Habeas corpus is one of the oldest tenets of western civilization, predating the U.S. Constitution and even the Magna Carta, and it says, simply, that if someone is to be held in custody by the state, there must be a demonstrable reason for their imprisonment. It is the basis of "probable cause," "warrants" of arrest, and your right to a trail to establish your guilt or innocence.

    This bill not only legalizes torture acts against enemy combatants by the U.S. government, it also gives the president and the secretary of defense the authority to unilaterally decide who is an enemy combatant, without review, oversight, process, or documentation of any kind, and to act on that decision, without trial, documentation, or any means of appeal. The standard for being an enemy combatant is essentially that you don't "support" America in some way or another, not according to some objective standard of evidence, but again according to the personal impression of either the president or the secretary of defense. This includes American citizens.

    Once they decide you are an enemy combatant, you can be picked up, with no warrant or probable cause, no evidence, and no process other than "the feds said you don't support America." They no longer need evidence. Under this statute no right to trail or judicial review will exist (because you are now like those at Gitmo, rather than a citizen), and you can be tortured at will.

    This is what the senate is working on YESTERDAY AND TODAY. It's likely already too late to affect the outcome, but if you haven't yet it might be a good day to call your senator and say that you OPPOSE the bill that legalizes arbitrary indefinite detention at the whim of the president and the legalization of torture.

    --
    STOP . AMERICA . NOW
    1. Re:You think it's bad now?! JUST WAIT. by linuxci · · Score: 5, Interesting

      That is indeed worrying that they're continuing down this path. The right to free speech is important, but the right to a fair trial is even more so - why is so much money and time being spent on the trial of Saddam when there's a lot of possibily innocent people rotting away in a US naval base in Cuba (great way to show the Cubans that the US way is better than Castro!). Torture of course should never be used in a civilised society but I can imagine it's a lot more widespread than just the US and its allies.

      The US can never hold a moral highground anymore over anything. Land of the free? No you can't even walk through airport security without risking getting detained because they don't like what you're wearing or a slogan on your bag.

      Setting a good example to others? No way. Threats to nuke Iran if they continue their nuclear programme seem very hypocritical. Their actions in Iraq and Afghanistan were so badly organised the US probably killed more innocent citizens than the terrorists did in 11/09/2001 and 7/7/2005 combined.

      Also governments need to move religion out of politics, currently Bush loves bringing God into everything he can, this makes him as much of a religious extremist as the muslim extremists he's fighting.

      I'm fed up with the UK too, but perhaps when Blair quits his replacement may not be such a Bush puppet - but I doubt we'll be as lucky. The UK in recent history have always had the special relationship with the US.

    2. Re:You think it's bad now?! JUST WAIT. by kfg · · Score: 5, Insightful

      This is the Military Dictatorship Act (Bush overtly claims his authority comes as Commander in Chief). There's no two ways about it

      There are millions of Americans out there who are distressed at what's going on, but think we're still ok, because no one has come to take them away for speaking their mind. They overlook the fact that dictatorship is not defined by whether or not they have come to take you away, but whether or not they have the legal authority to come take you away.

      Once they have the legal authority when they finally come to take you away you will have no defense; and it is your ability to defend yourself under law that defines a free society.

      But don't worry, they aren't likely to slap chains on you, what they do is slap chains on a few select people to make you afraid and get you to slap chains on yourself, like a "good little boy."

      And your children will accept without question that you have no rights of speech, because they do not even understand the concept. Be afraid of . . . your children.

      Yes, I'm being "alarmist." That's the frickin' point.

      KFG

  19. And? by BoomerSooner · · Score: 5, Insightful

    Hey for a safer America you should be willing to do anything, right?

    If you have nothing to hide, they wouldn't pick you up, would they?

    The terrorists have won by allowing a regime that wants to do things the same as the countries we accuse of "not being free & democratic". The fear of this irrational thing called terrorism is pathetic. More people die from lung cancer every year in the US. More people have died (or will soon) fighting a stupid war with no real goal, direction or possible positive outcome.

    This country is slowly moving down the road of fascism or some other "new" form of dictatorship. When a government keeps it's society in check by fear and hatred, only bad things come of it. How long until we get our Hitler? Stalin? Moussolini?

    We are not impervious to failure. The almighty dollar seems to be the only concern in the U$A. Pathetic when a country can spend billions on war and nothing to help the poor and sick.

    Jesus wouldn't have voted for Bush that is for certain. War is not the solution to the current problems in the world. Our external policies over the last 50 years or so has assisted in creating this monster. When will people wake up and realize we (the country and our representatives) are not infallible? Hopefully not before it's too late.

    1. Re:And? by a_nonamiss · · Score: 5, Insightful

      This is NOT an exaggeration:

      OFFICER: You are an enemy combatant. You're under arrest.
      PERSON: Why?
      OFFICER: There is a very good reason, but it's classified.
      PERSON: What evidence do you have?
      OFFICER: Oh, we have lots of evidence, but it's classified.
      PERSON: Who accused me of these crimes?
      OFFICER: Sorry sir, we can't tell you that. It's classified.
      PERSON: When can I go home to my family?
      OFFICER: When you've been tried and found innocent.
      PERSON: How long will that take?
      OFFICER: When the war is over.
      PERSON: Can I at least call my wife and tell her I'm OK?
      OFFICER: I'm sorry sir, you aren't allowed to contact anyone.

      This could happen to you. Maybe you did something awful, but maybe you didn't. Maybe you just said something in a forum that was critical of the person in charge. You don't know. Nobody does. You could be in jail for years, and not know any more than this. No lawyer. Your family doesn't know where you are. You don't know why you're being detained. And they don't have to tell you anything.

      This new law would make the above scenario perfectly legal.

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
  20. The end point does not change by peacefinder · · Score: 5, Insightful

    "The incident raises a number of interesting questions and concerns regarding just where our rights end."

    There is no interesting question about where our rights end. Our rights themselves continue to be what they were. The interesting question is where our rights begin to be oppressed.

    If you fail to grasp this important distinction, you are granting others power over your inalienable rights.

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd