Federal Judge deems indefinite detention a violation of 1st Amendment

Well cut my tail off and call me BOB, finally a judge has stepped up and voiced an opinion that has been so silent and so restrained.  According to Larry Neumeister of the Associated Press in his article titled Federal judge: Terror law violates 1st Amendment “a judge on Wednesday struck down a portion of a law giving the government wide powers to regulate the detention, interrogation and prosecution of suspected terrorists, saying it left journalists, scholars and political activists facing the prospect of indefinite detention for exercising First Amendment rights.  U.S. District Judge Katherine Forrest in Manhattan said in a written ruling that a single page of the law has a "chilling impact on First Amendment rights." She cited testimony by journalists that they feared their association with certain individuals overseas could result in their arrest because a provision of the law subjects to indefinite detention anyone who "substantially" or "directly" provides "support" to forces such as al-Qaida or the Taliban. She said the wording was too vague and encouraged Congress to change it.  "An individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so," the judge said.  She said the law also gave the government authority to move against individuals who engage in political speech with views that "may be extreme and unpopular as measured against views of an average individual.  "That, however, is precisely what the First Amendment protects," Forrest wrote.

Being a former law enforcement officer and a U.S. Marine, I once felt that anyone who associated or repeated the story line of those who wished to do this nation harm should be thrown into jail and the key discarded as well.  I have evolved on this issue basically because of thinking that my progress could be impeded by way of seeking investors and communicating with foreign investors but not really knowing if any of them are affiliated or part of a terrorist community.  As I attempt to secure funding from these individuals and groups, it would surely be a surprise to receive a knock at my door for “paling around with terrorists”.  This is quite similar because journalist who seeks to provide viewers with the whole story may seek to interview members of a particular group or community and find themselves incarcerated because of it.

We really need to applaud this judge and even though we may find ourselves in an untenable position of having to release some dangerous people, do so knowing that this nation is standing on very solid ground by allowing the rule of law to determine how this nation governs itself.  This is and will always be the main reason many veterans did and were willing to make the ultimate sacrifice for this nation.

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