Federal Judge Protects First and Fifth Amendments

If you have any interest in the First Amendment, you will be pleased with this new ruling by a federal judge.  If you have any interest in receiving truthful news reports, you will also be glad.  And if you are a reporter, you will be overjoyed!   Judge Katherine Forrest of the Southern District of New York ruled that the indefinite detention provision of the National Defense Authorization Act may violate the First and Fifth Amendments of U.S. Citizens and granted a preliminary injunction barring enforcement of this provision.   These Amendments protect the rights of free speech and due process. 

Now you may wonder why you should care at all because most of you are not terrorists.  But this law would allow the government to indefinitely detain anyone it considers a terrorism suspect anywhere in the world without charge or trial.  One important thing to understand is the scope of this law that it would cover activities that the government considers substantially support terrorists or associated forces.   Such a law may include those who knowingly or unknowingly have a connection to terrorist suspects.  That just may include reporters who are interviewing such people. When you think of the right of this government to pluck out a person anywhere in the world and hold that person indefinitely without charges being brought against him or her and without trial, you may question what happen to our rights as U.S. citizens. 

Interestingly enough, Judge Forrest was appointed by President Obama, a former constitutional law professor, who signed the bill.  She found the law to be overbroad and potentially embrace speech.  In fact, the judge asked the government attorneys five times to acknowledge that journalists would not fall under the scope of the law or that their First Amendment rights would not be impacted.  They couldn't answer the question.  It should be noted that there is no express exemption for journalists. 

I remember when many years ago I started writing letters on behalf of Amnesty International.  One of the biggest sources of oppression by foreign governments was the detention of an individual without charge or trial.  My letters would plead for human rights and point to our legal system, which requires charges being brought against a person and a speedy trial.  Is this a thing of the past? 

This challenge was brought by journalists, scholars and political activists, including journalist Chris Hedges and Noam Chomsky.  It was opposed by a great number of individuals and groups.  They argue that it will have a chilling effect on journalists and may impact other activities, such as giving money for fundraising or participating in an Occupy Movement.  Many of us didn't even know about the scope of this law.  We have to pay attention as our civil liberties are being chiseled away.  I am glad that these plaintiffs took notice and acted.  Now we have to take notice and voice our support.

The government asked Judge Forrest to reconsider her ruling and are considering an appeal.