Freedom of Expression in an Era of State Terror

[Clara T]

Freedom of Expression in an Era of State Terror
by Niloufer Bhagwat
December 15, 2005

Paper Presented at the Forum at the Fourth Conference On Freedom of  Expression, of writers, poets, publishers and human rights organizations, Law Faculty, Bilgi University, Istanbul, 21st November 2005.  


What are the implications for the freedom of _expression, freedom for political discourse, on which the political, social and cultural health of a society and its development and civilization depend ; for democracy, for the freedom of the press, freedom for political organization, in this environment of fear and hostility in more than one country being incited against racial and religious minorities , migrants , against the backdrop of the “ War against Terror”, even as citizens see no credible enemy ; and whether correctives are possible , within the existing political and constitutional structures to overcome grave deprival of rights by those very institutions established to protect citizens .

<snip>

After 9/11 with the Patriot Act legislated , the United States of America ,once held out incorrectly as the role model of democracy ( which it never really was ,as borne out by the early history of genocide of millions of the Native American people and seizure of their lands and territories by settlers , the slave trade and slavery imposed on the African- American people for the accumulation of economic surpluses , the nature of race relations thereafter to date , the treatment of immigrants and working people, with women as commodities ) , has undergone a constitutional and legal transformation of dramatic proportions and a retreat even from what is broadly termed as limited " liberal democracy " . It has been reported that the Patriot Act was not even printed for reading of the US legislators before it was passed , with provisions not read by a majority of legislators when it was voted on .The erosion of “ democracy “ and “ freedom” is now complete and includes emasculation of the “ freedom of speech” . The Patriot Act has become permanent law as of 2005, and the recent changes are now referred to as Patriot Act II, passed with the unanimous vote of the Senate . The objective of this Act which abrogates the freedom of organization , right to freedom of speech , right to legal counsel among other rights , is not the pursuit of a few “ terrorists ", who were permitted to enter and function in the USA with impunity, as the disclosure of project “ Able Danger” and other evidence of US Intelligence and other official agencies reveal .Neither is the Act for the pursuit of Bin Laden and his extended family, who were provided special aircrafts to assist them in leaving the United States even as flights for other citizens of the United States were restricted ; it is not for the Carlyle Corporation in which the bin Laden family had investments along with leading political families of the United States , but for the large majority of the citizens of the United States . Among other measures implemented through the Patriot Act to deter freedom of _expression and organization, it is now permissible for the FBI to request all kinds of personal and private information, including library lists of the person under investigation ,an unprecedented measure for any society which claims to rest its foundation on a scientific temper and a spirit of inquiry . The office of Homeland Security is immune from the scrutiny of Congress and functions under executive fiat in direct violation of the Constitution of the United States, which provides for checks and balances. The nature of measures conferring extensive powers on the FBI and other intelligence agencies have transformed the United States into a Police or a fascist State. That the Patriot Act was not a response to any kind of terrorism by alleged Muslim or Arab terrorists is established from the fact that the Patriot Act was never used to bring to justice any of the so called terrorists responsible for 9/11 even after it was passed, though more than 5000 minorities of Muslim or Arab descent, who were residents and domiciled in the USA and innocent of any terrorist act, were immediately illegally detained without the knowledge of their families and friends, many incommunicado .

      The vast increase in domestic spying powers over the past five years and more, the illegal detentions without a right to Habeas Corpus , the setting up of Military Tribunals without a right to appeal are on the lines of the Spanish Inquisition , the English Court of Star Chamber , and the Letter de Cache of the French monarchy , justified as a part of the “ War against Terror” which appears to be in retrospect the "Reichtag fire " in terms of its implications ; yet there are hardly any terrorists in the United States of America or elsewhere, where similar legislation is being enforced ; exposing that the main objective is to extend the capacity of Intelligence Agencies to monitor groups and individuals , including lawyers opposed to government policy and people demonstrating against acts of military aggression and the colonial occupation in Iraq , Afghanistan , Haiti , in defense of humanity, against erosion of social security and health care and in exercise of their right to free speech . Even the nature of donations to all organizations , the nature of advise tendered and assistance given including by lawyers to clients , are all monitored . It must be recalled that John Ashcroft officially stated that the President as a Commander-in- Chief is a war time dictator , as the Congress had conferred on him the power to declare war though such provisions do not exist in the Constitution of the United States, which does not provide for the suspension either of the Writ of Habeas Corpus or for the suspension and abrogation of other freedoms .

      Prime Minister Tony Blair has adopted the same political approach towards the liberty and freedom of speech, and the "New " Labour party emulating President Bush has declared that Britain is on a war footing. British involvement in Yugoslavia, Afghanistan and Iraq are unrelated to “ terrorism “ and represent its integration into the colonial and military strategy of the United States and NATO. The anti-terror law in Britain makes civil liberties and the freedom of speech of the British citizen depend on the Police and Security services . Despite the failure of Prime Minister Blair to gain support for a period of 90 days detention without judicial sanction, the anti-terrorism bill has obtained approval for preventive detention for a reduced period without Judicial scrutiny and review. The law interalia criminalizes the mere _expression of opinion deemed unacceptable to the Home Secretary and makes illegal the “ glorification of the preparation or commission of terrorist acts “ an offense so vague that it enables the government to arbitrarily outlaw political dissent .

http://globalresearch.ca/index.php?context=viewArticle&code=BHA20051215&articleId=1488