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Big Brother Puts Chill On Political Speech
(Bob Barr, FindLaw, 25 August 2004)
The FBI, no longer content with working to maintain order at political events, is now preemptively identifying and interrogating ("interviewing") possible demonstrators. It has summarized this strategy in a memo. . . . To make matters worse, the Department of Justice blessed the FBI strategy in its own memo - suggesting that no First Amendment concerns are raised by the interrogations. . . . As I will explain in this column, however, the truth is quite to the contrary: The strategy, as outlined in the memo, is a serious threat to free speech. . . . The Administration and campaign of George W. Bush is squelching any possible hint of disagreement or protest at every political rally or gathering. . . . For example, people with T-shirts that hint at disagreement are not allowed anywhere near the events, nor even on the route traveled by the presidential motorcade. Think what they'd do to you if you showed up in a - shudder -- mask. . . . But it's gotten even worse than that. . . . The FBI's Preemptive Interrogation Memorandum . . . As the New York Times has reported, in an October 2003 memorandum to law enforcement agencies, the FBI expressed great concern over the possibility that marches and rallies in Washington, D.C. and San Francisco might become "violent, destructive, or disruptive." . . . The memo went on to urge law enforcement to monitor the Internet, because "protesters often use the Internet to . . . coordinate their activities prior to demonstrations." It also urged law enforcement to watch out for protesters who use cell phones to "coordinate . . . or update colleagues." . . . In the memo, law enforcement agencies at all levels of government are warned to be aware of "possible indicators of protest activity." Moreover, even though the memo does not cite any evidence of violence likely to take place at "possible protests," the Bureau's memo concluded by telling law enforcement agencies to "report any potentially illegal acts to the" FBI. . . . The Department of Justice Memo Blessing the FBI Memo . . . Doubtless, the Department of Justice, aware of the FBI memo, was concerned that it would be seen as urging law enforcement to begin monitoring persons who might be contemplating staging political protests protected by the First Amendment. So several months later, in April 2004 - as the New York Times also reported -- the Department of Justice, which oversees the FBI, issued its own memo - addressing, and dismissing, these constitutional concerns. . . . The memo came from DOJ's Office of Legal Counsel (OLC). In the memo, OLC concluded, not surprisingly, that the monitoring, interrogating and gathering of evidence on potential political protesters raised no First Amendment concerns. In addition, it went on to conclude that even if, hypothetically, such activities did raise concerns, any "chilling" effect would be "quite minimal" and would be far outweighed by the overriding public interest in maintaining "order." . . . Evidence Suggests Protesters Are Subjected To Home and Office Interviews . . . No chilling effect? In the last few months, evidence has been mounting that special agents are showing up at the homes and offices of potential protesters - casting suspicion upon them in front of bosses, colleagues, family, friends and neighbors. This activity apparently has increased as the Republican Convention and the November election draw near. . . . If that's not a chilling effect, I don't know what is. The price of free speech should not be a high-profile FBI visit that makes all who know you wonder if you may be a criminal. . . . During these visits, the special agents "interview" the potential protesters to determine if they -- or anyone they know -- might be planning any political demonstrations. Of course, the "anyone they know" is especially worrisome - hints of McCarthyism. . . . Also according to the New York Times, the final question the FBI agents ask is this: Does the interviewee know that withholding information on whether they know anyone else who might be planning a demonstration or "disruption" is itself a crime? . . . One can only imagine how this parting shot plays out: "Oh, by the way, ma'am, before me and my armed partner here leave your house, we'd like to remind you that if you haven't told us if you know someone else who might be planning a demonstration, you have committed a crime and we can prosecute you for not telling us that. Have a good night, ma'am." . . . This, of course, is pure intimidation. . . . The FBI, seemingly, takes an absurdly narrow view of what kind of tactics would, in fact, chill speech - a view that excludes its own plainly chilling measures. . . . For instance, Joe Parris, an FBI spokesman, told the New York Times that, because "no one was dragged from their homes and put under bright lights," interviews of potential demonstrators are not "chilling." . . . So now we know the Administration's new First Amendment standard: So long as the government agents don't "drag you from your home" and interrogate you "under bright lights," you have nothing to complain or worry about. . . . The fact of the matter is, tactics such as those contemplated in last year's FBI memo, and approved by the Justice Department this past spring, do chill free speech. They do intimidate. . . . And, self-justifying memos by government lawyers notwithstanding, such tactics usher in an era of intolerance and fear that has no place in American politics.

[COMMENT: Don't forget, you are under absolutely no legal obligation to cooperate with the FBI, unless they have an arrest or search warrent for you. In fact, now that the FBI is using the same tactics as the fascist brown shirts did in the 1930s, you would be crazy to cooperate with them. Being dragged from your home and interrogated like a prisoner of the U.S. in Iraq is a small price to pay for our childrens' freedom.]

posted by LoZo 4:26 PM

 

FBI Again Targets Political Speech
(Tom Hays, Associated Press, August 16, 2004)
"Just a visit by the FBI has overtones," said Young, a 68-year-old activist who claims the government has been monitoring a Web site he runs ever since the FBI visit late last year. "Whether you've done anything wrong or not, you think, 'Oh no.' " . . . federal agents and city police are keeping tabs on radical activists and others they believe might try to cause trouble. They are making unannounced visits to people's homes, conducting interviews and monitoring Web sites and meetings. . . . federal agents in New York have begun interviewing people they believe might know about plots to sow mayhem at the convention, and have used surveillance against possible suspects. . . . The intelligence unit of the New York Police Department has been watching Web sites run by self-described anarchists. It also has sent young, scruffy-looking officers posing as activists to protest organizing meetings, said one high-ranking law enforcement source, who spoke on condition of anonymity. . . . Donna Lieberman, executive director of the New York Civil Liberties Union, raised an alarm, arguing that few people know they have a right to turn away the FBI. . . . "Political interrogation without suspicion of criminal activity harkens back to the bad old days of the McCarthy era," she said. "The FBI does not have a right to intimidate people for criticizing the government." . . . In recent weeks, several people linked to anarchist groups in Colorado, Kansas, Missouri and elsewhere have reported being "harassed" by federal agents about the convention. . . . Many activists fear a repeat of the last Republican convention in Philadelphia, where authorities were accused of rounding up protesters on trumped up charges before they could take to the streets. Police raided a warehouse and seized puppets protesters planned to use a props, and arrested an organizer on misdemeanor charges and held on $1 million bail before his case was dropped. . . . In Manhattan, Young caught law enforcement's attention by what he describes as an innocent attempt to expose gaps in national security through his Web site, cryptome.org. Recent postings feature diagrams, maps and photos of rail tunnels and gas lines leading toward Madison Square Garden. . . . The goal, he said, was "to point out what's not being protected." . . . In November, two FBI agents arrived at his Upper West Side apartment and told him they believed information on his site "could be used to harm the United States," he said. . . . "They were very polite," he said. "They made it clear that nothing I was doing was illegal." . . . The agents also suggested he could help them identify threats -- an idea he rejected as "an invitation to be an informant." . . . Since then, Young said, his Web site has recorded a "tremendous number" of hits from the Department of Justice and -- in recent weeks -- the NYPD. . . . "It certainly is chilling," he said. . . . [COMMENT: For those who aren't aware of the extent of U.S. government infiltration of peace organizations, just Google "COINTELPRO".]

posted by LoZo 11:21 AM