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Liberty Again at Risk
by Sheldon Richman, August 13, 2002 At the root of the concept “America” is the idea that you can go about your daily business without being monitored by the government. Indeed, every piece of literature about the horrors of totalitarianism includes secret police whose job it is to keep tabs on the people because everyone is under suspicion. This more than anything else is what gives those dystopian novels, such as Nineteen Eighty-Four and Brave New World, their terrifying atmosphere. This is what Attorney-General John Ashcroft, and his boss, President Bush, now want to bring to America. Ashcroft has announced that the FBI will no longer have to abide by guidelines that prohibited agents from monitoring lawful assemblies and public places without reason to believe that illegal activities were taking place. It’s another weakening of our liberties in the name of defeating terrorism. Perhaps we should heed presidential spokesman Ari Fleischer’s warning about being careful about what we say, because, as Ashcroft said last December, “To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve.” On second thought, maybe we should speak out against this outrage, if for no other reason than so we can look at ourselves proudly in the mirror each morning. If we are to lose our liberties, better that they be taken than given away. With every liberty-limiting intrusion proposed by the government, the implication is left that had these powers been in place, the crimes of September 11 might have been prevented. Bush and Ashcroft don’t say this openly. They just let the impression flutter in the air, encouraging the less thoughtful to acquiesce in the latest grab at power. But in fact no one has shown how the FBI’s new looser guidelines, not to mention the other new powers assumed since last fall, would have prevented the crimes in New York and Washington. Were the perpetrators talking openly about their plans in American mosques or in Internet chat rooms? If so, we haven’t heard about it. What will the FBI agents be listening for when they covertly sit in on public meetings and religious services? What words will cause their ears to perk up? What will they write down in their notebooks? Maybe the FBI should take this idea further. It can’t have its agents everywhere, so it should enlist the help of the American people by encouraging us to report on our neighbors who act suspiciously. A special hotline could be set up to take telephone calls from watchful Americans doing their patriotic duty. This new policy can then be combined with the administration’s rules for “enemy combatants,” under which American citizens can be held indefinitely without charge for the duration of the ever-enduring war against terrorism. Under those rules, if the president thinks someone is a “bad guy,” he can have him detained indefinitely. Is some judicial proceeding held to determine whether the person is really a bad guy? No, that’s not necessary. Bad guys don’t deserve due process. At first only noncitizens were to be denied the protections of centuries-old Anglo-American legal principles. Now that limit has gone by the wayside. This is not what the Framers of the Constitution had in mind. The alleged plotter Jose Padilla may be a potential threat to innocent people, but so far all we know is that he might have engaged in what Deputy Defense Secretary Paul Wolfowitz called “loose talk” about dirty bombs. If the authorities have the goods on him, let them indict and try him. But they don’t want to do that. So the devil take the Constitution. Here’s where it gets even more ominous. Padilla reportedly looked on the Internet for information about dirty bombs. (That’s about as far as this former street-gang member seems to have gone with his “plot” to attack America with radioactive material.) If the newly loosed FBI agents detect Americans looking up “dirty bomb” on google.com — just out of curiosity — will the Feds be visiting them? I have no doubt we’ll will survive the terrorists. I’m not so sure we’ll survive Bush and Ashcroft. Sheldon Richman is senior fellow at The Future of Freedom Foundation in Fairfax, Va., and editor of Ideas on Liberty magazine.
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Do Americans Really Want Freedom?
by Sheldon Richman, March 2002 Americans cherish freedom. So they say. Indeed, they support a war on terrorists in freedom’s name. But do they really want freedom? You be the judge. One would expect freedom-loving people to be attentive to what their government does, considering that, historically, the gravest threats to liberty have come from people’s own governments. Since the attacks of September 11, most Americans have been eager to accept a host of violations of their rights by the very government charged with protecting them. But let that pass for now. Let’s look at other areas where government conduct betrays a less-than-meticulous concern for individual freedom. For starters, how about the war on drug users, producers, and traders? Stripped of its self-serving mantle, this “war” is nothing but the imposition of a government decree concerning what peaceful individuals may grow, produce, trade, and ingest. Where did government acquire that power? It clearly violates our rights, as Thomas Jefferson recognized. There’s no such authority delegated by the Constitution. (Alcohol prohibition required an amendment.) It is a violation of freedom, period. The standard defenses fall of their own weight. If people involved with drugs employ violence, that crime—not drug activity—can be prosecuted and punished. Most drug users commit no violent crimes. If they are dangerous to themselves, well, that comes with a free society. Other potentially dangerous things—from skydiving to alcohol—are not forbidden. Why forbid the arbitrary category of substances called “dangerous drugs”? The government shamelessly tries to associate drugs with terrorism. But anyone who looks at the matter with an open mind will realize that it is the black market—born of prohibition—that links drugs to terrorism. Bin Laden couldn’t finance his operations from the sale of scotch whiskey or cigarettes. If heroin finances al-Qaeda, it’s only because the state has made heroin illegal. The connection between booze and organized crime was broken not by teetotaling, but by ending Prohibition. Another area where Americans show no interest in freedom is mental-health. Has it occurred to more than a few people that the mental health laws are unlike any other laws in the land? Only under those laws can a person who has committed no crime be confined, drugged, and subjected to other violations against his will. As psychiatric critic (and psychiatrist) Thomas Szasz has pointed out for nearly half a century, these statutes cannot be squared with the rule of law, no matter how hard the self-serving mental-health professionals try. But aren’t the alleged mentally ill dangerous to themselves and others? We have criminal laws for those who are truly dangerous to others. And in a free society, being a danger to oneself should not summon the power of the state, even if it comes dressed in the physician’s white coat. A diabetic who refuses to take his insulin is dangerous to himself—but the law recognizes his right to be so. Why are the so-called mentally ill handled differently? This gives the lie to those who demand parity for mental patients and who claim that mental illness is like any other illness. But, say the advocates “for” the mentally ill, psychiatric patients don’t know what’s good for them. Here is where psychiatry runs squarely into the rule of law. It is an insult to a free society for doctors to be empowered to declare a conscious person incapable of knowing his own interests and to detain or drug him against his will. That happened in Soviet Russia and Nazi Germany—it shouldn’t happen here. As Szasz points out, mental illness is a metaphor denoting misbehavior. “Sick mind” is no more literal than “dirty mind.” The psychiatric establishment senses this problem; today it speaks of “brain disorders.” It has yet to furnish evidence that what used to be called mental illness is really brain disorder, but leave that aside. No law permits the involuntary hospitalization (that is, imprisonment) or drugging of people with proven brain disorders, such as epilepsy and Parkinson’s disease. Again, why are “schizophrenics” handled differently? What happened to parity? It’s easy to say you’re for freedom. Integrity lies in conforming your actions to your words—even when it’s discomforting. Sheldon Richman is senior fellow at The Future of Freedom Foundation in Fairfax, Va., and editor of Ideas on Liberty magazine.
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