"Today, we use the Internet as we would any other media in the exercise of our our First and Fourth amendment rights. That could change, however, in the name of rooting out domestic terrorism. On 18 Jun 10, FOX News published an Associated Press article which quoted Janet Nepolitano as saying, “...we need the legal tools to do things like monitor the recruitment of terrorists via the Internet."
Nepolitano is the current Director of Homeland Security (DHS). DHS made a stir when it released and withdrew a document entitled, “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” According to a Guardian Angel Store news summary published 7 May 09, the document “defines such terms as anti-abortion extremism, anti-immigration extremism, environmental extremism, and right wing extremism.”
The Guardian Angel Store news summary noted that, “The report states, 'Antigovernment conspiracy theories and 'end times' prophecies could motivate extremist individuals and groups to stockpile food, ammunition, and weapons. These teachings also have been linked with the radicalization of domestic extremist individuals and groups in the past, such as violent Christian Identity organizations and extremist members of the militia movement.'”
The Guardian Angel Store news summary further quoted the report as stating, “Many rightwing extremist groups perceive recent gun control legislation as a threat to their right to bear arms and in response have increased weapons and ammunition stockpiling, as well as renewed participation in paramilitary training exercises. Such activity, combined with a heightened level of extremist paranoia, has the potential to facilitate criminal activity and violence.”
The Guardian Angel Store news summary also pointed out, “Perhaps the most controversial statement in the report was the reference to the concern that 'rightwing extremists will attempt to recruit and radicalize returning veterans in order to boost their violent capabilities.'”
Given these definitions, it is likely that some will question DHS intent in relation to Christian organizations, pro-life groups, those who support the Second Amendment and veterans. The Associated Press Article did not go into detail as to the criteria by which DHS might seek to monitor the Internet, such as email, Twitter, Facebook or blogs. The question might be raised as to what actions DHS might seek to take in relation to opinions rendered in any of these forums.
According to the Associated Press article, the desires to monitor the Internet for the recruiting of domestic terrorists stemmed from events such as the Times Square bombing and the Fort Hood shootings where the alleged perpetrators were legal U.S. Citizens or residents.
In her 18 Jun 10 speech, as posted by the American Constitution Society for Law and Policy, Nepolitano said, “And as we move forward, we must create a better way of relating our national security to our national values, including personal privacy as well as the core civil rights and civil liberties expressly defined in our Constitution.” Nepolitano raised the issue that the path to the right balance is too often political as to specific and stark sides of the issue, but, she said, “It is not that simple.” Nepolitano continued, “In truth, we need to protect both our national security and our national values. They are in fact, intertwined.”
Nepolitano also discussed the relationship of security and liberty. A common quote related to this discussion, written by Benjamen Franklin, is, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Nepolitano sought to make the case that Franklin was perhaps wrong.
Without specific reference to Franklin's quote, Nepolitano said, “I say that this is [in reference to Franklin's concept], to use the legal term, baloney.” Nepolitano later said, “One cannot live free if one lives in fear, because people are more able to exercise their freedoms if they feel safe.” Nepolitano did clarify that the need to be safe “does not justify actions to ignore our rights.” Nepolitano stated her position is, “We can significantly advance security without having a deleterious impact upon individual rights, in most instances.”
The balance to which Nepolitano refers has been of concern since the founding of our nation. It is perhaps her qualifer, “...in most instances,” which may start the raising of eyebrows. Nepolitano later sought to reinforce her case by stating, “We need to prevent terrorist attacks, conceived, plotted and carried out by United States citizens on United States soil, yet in so doing the legal and Constitutional questions are numerous and complex.” Nepolitano later stated, “At the base of home grown terrorism is the problem of violent, extremist ideology.”
Nepolitano admitted that, “The First Amendment protects radical opinions,” however, she continued, “But we need the legal tools to do things like monitor the Internet to monitor the recruitment of terrorists via the Internet.” She further stated, “And when young people are being targeted by terrorist recruiters, we must view their communities as partners in solving that problem and addressing threats to the country.”
The American Constitution Society for Law and Policy, by which Nepolitano was honored and to which she spoke; is in progress, according to their web site, of “building a diverse and dynamic network of progressives committed to justice.” The tone of their web site is that they are seeking to counter conservative interpretations of the Constitution, which include “originalism and strict construction.”
“America has been strong to defend its liberty against attempts at conquest, however, it is often off guard when the threat comes from within. If we give up liberty in small steps, thinking it is only temporary for the moment and the crisis at hand, we may find the line continues to move such that one day, we wake up to find liberty was given away by our own hands. The most effective means of keeping government from crossing the line of intrusive restrictions upon our freedom is to keep the line of liberty right where it is.” -- Prayer Soldier
Cited Articles and Posts
FOX News (18 Jun 10)
http://www.foxnews.com/politics/2010/06/18/napolitano-internet-monitoring-needed-fight-homegrown-terrorism/
Guardian Angel Store (7 May 09)
http://www.guardianangelstore.com/article272.html
American Constitution Society for Law and Policy (18 Jun 10)
http://www.acslaw.org/node/16377
"