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Today's
Stories
January 30,
2008
Cockburn /
St. Clair
McCain
vs. Clinton?
January 29,
2008
Franklin C.
Spinney
Bush's
New War Budget: the $70 Billion Hand-Off
Mike Whitney
The Great Credit Unwind of 2008
Alan Farago
Buyer Beware: Florida, the Candidates and the Latin Builders
Association
Patrick Cockburn
"The Americans Bring Us Only Destruction"
Gary Leupp
"We Can't Afford to Let Them Spill the Beans:" a Sibel
Edmonds Timeline
R. F. Blader
A
World Without Abortion: USA v. Romania
Ahmad Faruqui
Musharraf's Post-Electoral Prospect
Fran Shor
Obama, the Kennedys and "Change We Can Believe In"
Jeremy Scahill
Secret Trials and Criminal Convictions: the Ordeal of the Blackwater
Protesters
Allan Nairn
Bush's
SOTU: Entitlement, Justice and the War of All Against All
Website of the Day
The Ghost of Rambo
January 28,
2008
Patrick Cockburn
Return
to Fallujah
Paul Craig
Roberts
The End of American Liberty
Allan Nairn
The Breaking of the Gaza Wall
Eyad al-Sarraj
/ Sara Roy
Ending the Stranglehold on Gaza
Martha Rosenberg
Obit for the "Front Page" City
Corporate Crime
Reporter
How They Rip Us Off
David Michael Green
Kristolizing Iraq: What a Great Freakin' War
Jennifer Van
Bergen
What's Left?
Nancy Oden
Survival Tips for Hard Times
Divya Karnad
Saving India's Sea Turtles
James L. Secor
Pissed About Pistorious: Why the Olympics Needs a Gimp
Website of
the Day
Yellow Journalism?
January 26
/ 27, 2008
Uri Avnery
Worse
Than a Crime
JoAnn Wypijewski
How the Clintons Lost It, Whatever the Outcome in S. Carolina
Ralph Nader
Ambition, Power and the Clintons
Paul Craig
Roberts
How Bush Destroyed the Dollar
Paul Watson
I'm Proud to be a Pirate!
John Ross
Murder and Cover-Up in Mexico
Fred Gardner
Ross v. Raging Wire: Employer's Right to Fire Workers Held Sacred
by California Supreme Court
Allan Nairn
Little Hands with Fever: Some Consequences of Poverty Death
Joshua Frank
Why Bush Wants to Legalize the Nuke Trade with Turkey
Binoy Kampmark
Société Générale and the Economic
Meltdown
James T. Phillips
America's Sick Comedy: Bringing the War Home
Stan Cox
The Depressing Truth About Anti-Depressants
Eamonn McCann
Hillary's Lie: "I Brought Peace to Northern Ireland"
Ron Jacobs
The Horizons of History: What's at Stake in Bolivia
Seth Sandronsky
California's Health Care Crisis
Ben Terrall
The Future is Unwritten
Poets' Basement
Tripp, Gardner, Gibbons and Davies
Website of
the Weekend
City of Immigrants
January 25,
2008
Douglas Valentine
Operation
Two-Fold: How the CIA Infiltrated the DEA
Patrick Cockburn
US Troops Will Be In Iraq for 10 More Years: an Interview with
Iraqi Foreign Minister Hoshyar Zebari
JoAnn Wypijewski
Down to the Wire in South Carolina
Heather Gray
Are We Seeing a Racial Shift in the South? Conversations with
South Carolina Voters
Marjorie Cohn
Senate Democrats Poised to Fold to Cheney on FISA
Erica Rosenberg
Environmentalists Out on a Limb: the Perils of Collaboration
Alan Farago
Jeb Bush Goes Nuclear
Robert Weissman
Reclaiming Economic Freedom
Laura Carlsen
Wild Cards: Mining the Hispanic Vote in Nevada
Stephen Lendman
Israeli Repression in the Hebron
Website of the Day
The FIX is In
January 24,
2008
JoAnn Wypijewski
Obama
as Anthologist of Uplift
Paul Craig
Roberts
President Hillary
Alexander Cockburn
Hillary Wants to Talk About Dirty Legal Dealings? Remember Her
Nursing Home Scam?
Kathleen Christison
One and Two State Solutions and the Myth of International Consensus
Jeff Halper
Power to the (Palestinian) People!
Stanley Heller
The Siege of Gaza is Broken
George Wuerthner
The Moronic Sport: ORVs on the Public Lands
Patrick Cockburn
Desperate Iraqi Farmers Turn to Opium
Jeff Sher
Just How "Good" is Your Health Insurance?
Patrick Irelan
Musharraf, the Steadfast Ally?
Charles Modiano
Restoring the Anti-War King
Website of
the Day
An Illustrated History of Trepanation
January 23,
2008
David Rosen
The
Great Disappearing Act: the Presidential Candidates and the Politics
of Sex
David Isenberg
Is
It Really So Hard to Believe That Iran Stopped Its Nuclear Weapons
Program?
Farzana Versey
Hillary's
Harem
Paul Craig
Roberts
The Empire That Must Be Obeyed
Alan Farago
Where Did All the Good Times Go?
Allan Nairn
Indonesian Intelligence Service Threatens to Kill Human Rights
Activist
Kenneth Couesbouc
Another Turn of the Screw
Niranjan Ramakrishnan
How the West was Re-Sold
Michael Donnelly
Obama Strikes Back
Norman Solomon
The Power of Love
Website of the Day
Rafah Today
January 22,
2008
Paul Craig
Roberts
Farewell
to Old Economic Nostrums
JoAnn Wypijewski
King Day in Columbia, South Carolina
Al Giordano
Divide and Conquer Politics: How the Clinton Campaign Armed a
Black-Latino Time Bomb in Nevada
Felice Pace
Power Politics in the Klamath: Water, Dams and Salmon
Paul Wolf
Bolívar's Sword
Robert Weissman
Deregulation and the Financial Crisis
Dave Lindorff
The Bush Dollar Trap
Marjorie Cohn
Cheney Impeachment Gains Traction
Richard Neville
Keeping Shakespeare in a Box
Don Fitz /
Zaki Baruti
St. Louis Mayor Booed Off MLK Platform
Ben Terrall
Cindy Sheehan and the Virtues of Divisiveness
Sam Husseini
Stoning Martin Luther King, Jr.
Website of
the Day
Defend the Mapuche!
January 21,
2008
Kevin Alexander
Gray
Playing
the Race Card
Linn Washington,
Jr.
Deferring Dreams, Delusions of Democracy
Pam Martens
How Wall Street Blew Itself Up
David Macaray
Labor's Grim Dilemma: Do We Need a Labor Party?
Uri Avnery
Look Who's Talking
Omar Barghouti
Europe's Collusion in Israel's Slow Genocide
Joe DeRaymond
Protest and Trial in D.C.
B.R. Gowani
Why Islam Should Tolerate Images
Shepherd Bliss
The False U.S. Economy
Jean-Guy Allard
Philip Agee Versus the CIA
Dan Bacher
Leaping Steelhead!
Website of
the Day
Destroyed
By a Rising Flood
January 19
/ 20, 2008
Alexander Cockburn
The
Campaign in Black and White
Saul Landau
Good Time Charlie's War
China Hand
Endgame for Pakistan?
Conn Hallinan
Desert Mirage: What Was the Bombing of Syria Really About?
Ron Jacobs
No Retreat
Dave Lindorff
A Tax Rebate Won't Fix This Mess
Andy Worthington
Canada's Humiliating Double Standard on Torture
Paul Armentano
What's the Going Price for a Joint? More Than You Might Think
Seth Sandronsky
High Crimes and Economics
Michael Donnelly
Dodging Ecocide
Patrick Irelan
The Ordeal of Dr. Safdar Sarki
Martha Rosenberg
The Drug Industry Takes Another Hit
Sherwood Ross
Making the World Safe for Despots: Bush's Global Arms Trade
David Michael
Green
So You Want to be My President, Eh?
James Rothenberg
Unimpeachable: Under House Protection
Daniel Gross
Starbucks Shortchanges Dr. King
Peter N. Carroll
In Memory of Milton Wolff
Susie Day
Croakin' on Hudson
Paul Krassner
Woody Allen Meets Tongue Fu
Poets' Basement
Wolff, Buknatski and Orloski
Website of the Day
Rocky Mountain
Blues
January 18,
2008
Allan Nairn
Killing
Civilians, Carefully
Ralph Nader
When
the Big Boys Get in Trouble, Who Pays the Ultimate Bill?
Joanne Mariner
Terrorism and Preventative Detention
Alan Farago
The Stimulus and the Meltdown
P. Sainath
Pity the Brahmins
R.F. Blader
Beyond Steinem's Feminism
Andy Worthington
A Letter from Guantánamo
John Jonik
Private Insurance is Bad for Your Health
Brian McKenna
Where Even Sharing is Prohibited: Notes from Inside a Michigan
Women's Prison
Daoud Kuttab
This Time Next Year?
Website of the Day
Those South Carolina Voting Machines
January 17,
2008
Paul Craig
Roberts
Leader
and Vassal
Christopher
Brauchli
The FBI's Bills Come Due
Robert Fantina
Leadership, Bush and the New York Times
Patrick Irelan
Eternal War
Paul A. Moore
When the Rich Pay No Taxes
Stephen Lendman
Institutionalized Spying on Americans
Beena Sarwar
Bhutto and the "State Within a State"
Walter Brasch
Buzzwords in the Echo Chamber: Change and the Establishment
Brenda Norrell
Bush Legacy in Texas Sours
Adam Federman
End of the Left?
Website of the Day
Democrats for Romney
January 16,
2008
Jeffrey St.
Clair
Return
of the Native
Franklin Lamb
The Bombing at Qarantina
Julian Sanchez
David Weigel
Who Wrote Ron Paul's Newsletters?
Sharon Smith
Ron Paul and the Left: a Slippery Slope?
Allan Nairn
Economic Indicator: No Free Lunch, No Free Market
Ayesha Ijaz
Khan
How the American Media Enables Bush's Iran Fixation
Andy Worthington
A Strategic Call to Close Guantánamo
Richard Behan
Nancy Pelosi, You Must Impeach!
Website of the Day
Obama the New JFK? He's Not That Bad!
January 15,
2008
Andrea Peacock
Breach
of Trust in America's Most Toxic Town: How the EPA is Rubbing
Poison Into Libby's Wounds
Wajahat Ali
An Interview with Seymour Hersh on Iraq, Bush Foreign Policy
and the Prospects of War with Iran
Joe Bageant
Getting Out the Bling Vote
Ralph Nader
The Candidate Taboos
John Ross
Zero Hour: NAFTA and Mexico's Agrarian Apocalypse
Elaine Cassel
Jose Padilla vs. John Yoo: Can a National Disgrace be Rectified?
Peter Morici
The Fed Needs More Than a New Communications Strategy
Beena Sarwar
Pakistan's Dirty Tricks Brigade
Robert Weissman
Big Business is Even More Unpopular Than You Thought
Binoy Kampmark
Going Tata in India
Dave Zirin
Dennis Brutus Smacks Down the Hall of Fame
Website of
the Day
David Lynch on the iPhone
January 14,
2008
Ishmael Reed
Ma
and Pa Clinton Flog Uppity Black Man
Roger Morris
Burials in the Sind
Uri Avnery
The
Hands of Esau
Mike Whitney
Bush's Voodoo Stimulus Package
Allan Nairn
General Suharto of Indonesia: One Small Man Leaves a Million
Corpses
William Blum
Oh, By the Way, the Iraqis Don't Really Want Us
Alan Farago
A Subprime Wake Up Call
David Macaray
Are Labor Unions Ready for Prime Time?
Eva Liddell
Getting Drunk with Obama
Zoe Blunt
Road Kill: New Highway Blocked by Protesting Raccoons
Website of the Day
Doug and Andrea Peacock on Grizzlies
January 12
/ 13, 2008
Andrew Cockburn
How
the New England Journal of Medicine Undercounted Iraqi Civilian
Deaths
Saul Landau
60
Years of Empire
Corey D. B. Walker
Barack Obama and the Crisis of the White Intellectual
Col. Dan Smith
Bush, Iran and the Magician of the Tarot
Eric Toussaint
The US Subprime Crisis Goes Global
Ron Jacobs
Television, Murder and Vietnam
Fred Gardner
The People vs. Christopher James Chakos
Stan Cox
Don't Take That Pill!
Jacob G. Hornberger
The Warfare State
Ramzy Baroud
The Good, the Bad and the Ugly
Joseph Grosso
The Anglosphere: a Special Relationship of Elites
David Díaz-Arias
Imagining An/Other Latin American Left
Stacey Warde
Before We Move On ...
Dan Bacher
Pumped to Extinction: the Decline of the Delta Smelt
Michael Dickinson
Georgie in Jesusland
Website of
Weekend
CounterPunchers Protest Outside NYT Offices
January 11,
2008
Dave Lindorff
Did
Hillary Really Win New Hampshire? More Questions About Diebold
Voting Machines
Paul Craig
Roberts
No
Escape from War and Unemployment
Andy Worthington
Six Years of Guantánamo
Kenneth Couesbouc
Banking on Thin Ice
Jeff Ballinger
Inside the Vienna Consensus
Christopher
Brauchli
Lethal Injection, the Supremes and China
Manuel Garcia, Jr.
Paying No Attention to the Presidential Campaigns
Andrew Silverstein
Bush's Weepy Visit to Jerasulem
Marwan Bishara
Bush in the Middle East
Robert Weissman
The First Amendment Gone Wild
Patrick Irelan
Damn the Small Boats!
Website of
the Day
Hillary and the Superdelegates: Or Why She Wins Even When She
Loses
January 10,
2008
Alexander Cockburn
Now
Nader Claims He Didn't Endorse Edwards
Bob Wing
Marqueece Harris-Dawson
Race Within the Race: Obama, the NH Vote and the Specter of Tom
Bradley
Michael Donnelly
White Women Gone Wild?
David Macaray
Three Big Reasons for the Decline of Labor Unions
China Hand
Bush's Delusional Policy Pushes Pakistan to Brink of Catastrophe
Ayesha Ijaz Khan
Saudi Arabia and Pakistan: Brotherly, Friendly Countries?
Rannie Amiri
Obama, Man of Kansas or Kenya?
Website of the Day
Iranian Video of the Hormuz Incident
January 9,
2008
Cockburn /
St. Clair
The
Empire Strikes Back
Dave Lindorff
The Bad News from New Hampshire: Death By Triangulation
John Chuckman
Pardon My Laughter: Watching the US Primaries from Canada
James Bovard
Stomping Freedom: Inside the Martial Law Act of 2006
Alan Farago
As Florida Sinks: the View from the Titanic
Russell Mokhiber
Why Picket the New York Times in DC on Friday?
William S. Lind
Kicking the Can Down the Road in Iraq
Peter Morici
Beyond the Sophistry: Why the Trade Deficit Matters
Josh Reubner
Sudan vs. Israel: Double Standard on Divestment
Mike Roselle
The Pursuit of Happiness
Website of the Day
Bottles of Tears on the Wall: Steve Perry on NH
January 8,
2008
Paul Craig
Roberts
No
Jobs for the New Economy (or the Old)
Russell Mokhiber
The Black Hillary: Obama is Just Another Political Sedative
Robert Fantina
The Gulf of Tonkin and the Strait of Hormuz
Dave Zirin
Butts on Parade
Shamako Nobel
I Am an Emcee: the Politics of Hip Hop
John Ross
Zapatista Women Encounter Themselves
Brenda Norrell
Apaches Defend Homeland from Homeland Security
Laura Carlsen
Why Bolivia Matters
Patrick Irelan
Remember the Maine!
Evelyn J. Pringle
The Holes in Bush's FDA
Jonathan M.
Feldman
After Iowa and New Hampshire: a Strategy for Rebuilding the Peace
Movement
Michael Dickinson
Playing Soldier
Website of
the Day
Sean Hannity on the Run!
January 7,
2008
Chris Floyd
There
Will Be Blood: But No Justice for Iraq Atrocities
John Blair
Remove That Man! Creeping Fascism in Indiana
Uri Avnery
The Case of the White Bird
Andy Worthington
Who Are the Gitmo Saudis?
Binoy Kampmark
Needling the Convict: Lethal Injection and the Supreme Court
David Macaray
Women on Strike
Ralph Nader
Obamarama: the Politics of the Smooth Mood
Michael Donnelly
It's the War Vote(s), Stupid!
Ron Jacobs
Ron Paul's Run: Is Being Against the War Enough?
Gideon Levy
The Hostile President
Dave Lindorff
A Real 9/11 Cover-Up? Sibel Edmonds, Turkey and the Bomb
Website of
the Day
Plagues and Pleasures on the Salton Sea
January 5 /
6, 2008
Douglas Valentine
Good
Guys in Black Hoods
Kevin Young
The
US Occupation and Popular Opinion in Iraq
Richard Rhames
Saddam
Who?
Saul Landau
Bush Snatches Defeat from Victory
Marc Lynch
Why Bush's Iran Strategy is Failing
Robert Fantina
Iowa, Democrats and the Iraq War
Donna Volatile
Antiwar Soldier: an Interview with Jonathan Hutto, Sr.
Jelle Bruinsma
Norman Finkelstein in The Netherlands
Bob Sutcliffe
Remembering Andrew Glyn, Rebel Economist
Harvey Wasserman
Anti-Nuclear Renaissance
Missy Beattie
Why Obama Can't Save Us
David Swanson
Remembering the Separation of Powers
Jacob Hornberger
The Importance of the Padilla Case
Shepherd Bliss
Survival Tools from Kokopelli Farms
Ron Jacobs
Bleeding Kansas
Poets' Basement
Patti Smith, B.R. Gowani and Peter Buknatski
Website of the Weekend
Jimmy Dean Sausage Call Complaint
January 4,
2008
Cockburn /
St. Clair
A
Good Night in Iowa
Jonathan Cook
War Crimes Airbrushed from History
Paul Craig Roberts
Thinking for Yourself is Now a Crime
Stan Goff
Ron Paul's Monkeywrench
Dave Lindorff
Clinton's Iowa Flop Exposes DLC Myths as Frauds
Niranjan Ramakrishnan
To Pindi Station
Allan Nairn
U.S. Elections Over Before They Began
Joshua Frank
The Failures of Sectarianism
Peter Morici
Economy on the Skids
Mary McInnis
Iowa Cocky-Us: How to be a Caucus Tease
Website of the Day
The Return of Obama Girl
January 3,
2008
Fatima Bhutto
Farewell
to Wadi Bua
Pam Martens
The
Free Market Myth Dissolves into Chaos
Joanne Mariner
The Presidential Candidates and Torture
Zoltan Grossman
Remember the '80s: Social Movements Between Woodstock and the
Web
David Domke
The Echoing Press and Huckabee
Norman Solomon
Edwards Reconsidered
Nikolas Kozloff
Return of the Faux Liberal
Jacob G. Hornberger
The Padilla Case and the Future of Habeas Corpus
Martha Rosenberg
Quit Picking on Huckabee's Son, Michael Vick
Russell Means
This Property is Condemned: a Notice to Those Occupying Lakotah
Lands
Website of the Day
WolfQuest
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January
30, 2008
Beware the Lyrical
Terrorist!
How
Anti-Terror Laws Threaten Free Speech
By JOANNE MARINER
Restrictions of all sorts have multiplied
in the heightened security environment of the last six-and-a-half
years, so it should be no surprise that, around the world, legal
restrictions on speech have tightened. Since 2001, there has
been a clear trend toward prohibiting speech perceived as supporting
terrorism, and toward barring the dissemination of materials--including
books, videos, and other forms of written and graphic communication--that
are believed to be of use for terrorist activity.
International protections on
free expression in no way restrict governments from criminally
prosecuting direct incitement to terrorism--speech that directly
encourages the commission of a crime, is intended to result in
criminal action, and is likely to result in criminal action--whether
or not criminal action does, in fact, result. (In the United
States, where the Constitution imposes stricter protections for
expression than found elsewhere, the courts have required that
the prohibited incitement present a risk of "imminent"
criminal action.) Yet the legal trend globally is not only to
criminalize direct incitement to terrorist activity, but to criminalize
indirect incitement--to prohibit speech perceived as justifying,
defending, or "glorifying" terrorism. This, from the
standpoint of free expression, is problematic.
The British government has
been a leader in this effort. Not only has it passed new domestic
laws to regulate speech, it has pressed international institutions
to take up the issue. In September 2005, the U.N. Security Council
adopted a UK-sponsored resolution that purported to repudiate
"attempts at the justification or glorification (apologie)
of terrorist acts that may incite further terrorist acts."
Although the resolution used the term incitement, rather than
indirect incitement, its references to justification and glorification
suggested a broad understanding of the term.
Earlier that year, the Council
of Europe, a European human rights body, adopted a Convention
on the Prevention of Terrorism with similarly expansive language.
The treaty requires states to criminalize "public provocation"
of terrorism, a crime that could include indirect incitement.
The convention defines public provocation as the public dissemination
of a message "with the intent to incite the commission of
a terrorist offence, where such conduct, whether or not directly
advocating terrorist offences, causes a danger that one or more
such offences may be committed." Note the clear erosion
of the incitement standard: There's no need for the message to
directly encourage terrorism, and rather than having to be "likely"
to result in criminal action, it's enough that the message may
"cause a danger" of such action.
A Global
Survey
Let's review a few examples
from different countries to get a better sense of what kinds
of statements these laws tend to cover:
. The UK's 2006 counterterrorism
law criminalizes any public statement that is intended to encourage,
or that recklessly encourages, acts of terrorism, if the statement
takes the form of "glorif[ying] the commission or preparation
(whether in the past, in the future or generally) of such acts
or offences" and is such that the audience "could reasonably
infer" that what is being glorified should be emulated.
(A 2000 UK law already specifies that "inciting another
person to commit an act of terrorism" is a criminal offense,
one punishable in the same manner as the offense that was incited.)
. Under Zimbabwe's 2006 counterterrorism
law, a person who "solicits, invites, or encourages moral
or material support" for a designated terrorist organization
commits an offense.
. The United Arab Emirates'
2004 counterterrorism law reportedly provides for up to five
years of imprisonment for anyone who promotes verbally or in
writing any of the offenses set out in the law.
. Bahrain's 2006 counterterrorism
law includes extremely broad and vaguely-drafted restrictions
on expression. The law provides that: "Whoever uses religion,
religious buildings, public places or religious festivities to
propagate provocative appeals or extremist ideas, or holds notices/posters,
or puts up graphics, pictures, slogans or signs that might create
fitna [disorder] or insult monotheist religions, their symbols
or their believers, or harm the national unity or social peace,
or destabilize security or public order shall be punished by
imprisonment and fine or one or both penalties." The legislation
also provides that anyone who "promotes or approves, in
any way" of a terrorist act faces imprisonment.
. El Salvador's 2006 counterterrorism
law prescribes a five- to ten-year prison sentence for anyone
who publicly justifies terrorism.
. In Australia, the 2005 Anti-Terrorism
Act bars organizations from advocating terrorism. An organization
is understood to advocate a terrorist act if it: 1) "directly
or indirectly counsels or urges" such an act; 2) "provides
instruction" on how to commit such an act, or 3) "directly
praises the doing of a terrorist act in circumstances where there
is a risk that such praise might have the effect of leading a
person Ö to engage in a terrorist act."
. Turkey's 2006 counterterrorism
law imposes criminal penalties on those who "make propaganda
for a terrorist organization or for its aims." The law provides
for harsher penalties for those who do so using the media. A
Council of Europe expert committee has criticized the provision,
finding it to be "ambiguous and written in wide and vague
terms."
. Under French and Spanish
counterterrorism laws, which predate the September 11 terrorist
attacks, the act of justifying terrorism (apologie or apolog'a)
is a crime. The difference between the two countries is that
such prosecutions are quite common in Spain, whereas they are
extremely rare in France.
What these laws generally have
in common is broad language, which may in some instances cover
legitimate political speech, and which gives prosecutors enormous
discretion in deciding when and if to bring a case.
Possession
of a Map Without an Excuse
In some countries, moreover,
not only is it illegal to express views deemed to support terrorism,
it is illegal to possess materials that support terrorism. Again,
the UK has taken the lead in this area, both in passing legislation
to restrict the possession and dissemination of such materials,
and in prosecuting alleged offenders.
. Under the UK's 2000 counterterrorism
law, the possession of articles connected to terrorism--including
terrorism-related publications or videos--is a criminal offense,
as long as there is some minimal showing that the person's possession
of the items may be related to plans to commit terrorism. Specifically,
the law provides that: "[a] person commits an offence if
he possesses an article in circumstances which give rise to a
reasonable suspicion that his possession is for a purpose connected
with the commission, preparation or instigation of an act of
terrorism."
. Another provision of the
same UK law criminalizes the possession of documents containing
information "of a kind likely to be useful to a person committing
or preparing an act of terrorism." This extremely broad
provision--which could otherwise bar, for example, possessing
a map of London--also provides that a person charged with violating
the law may defend against prosecution by proving that he has
"a reasonable excuse for his action or possession."
. Finally, the 2006 UK counterterrorism
law criminalizes the distribution of "terrorist publications,"
defined as publications that either glorify terrorist acts or
are made available "wholly or mainly" because they
would be useful in the commission or preparation of terrorist
acts.
Preemptive
Action against Terrorism
The reasoning behind such laws
is understandable. Governments want to stop terrorism before
it occurs; indeed, they would prefer to deal with the problem
before the potential terrorist gets anywhere near the stage of
actually planning violent acts. Some proportion of the people
who communicate support for terrorism, or who read terrorist
publications, may one day be moved to action.
Still, a spate of recent prosecutions
in the UK does little to instill confidence in these laws. Defendants
have included a couple of 17-year-olds, and a young woman known
(for her poems) as the "lyrical terrorist." Are such
people really a threat? It's hard to tell; the problem with preemptive
action is that it's based on prediction. And while some number
of adolescents may go from downloading Al Qaeda videos to actively
supporting terrorism, the gap between the two activities is large.
By wasting scarce legal and
prosecutorial resources going after speech, rather than action,
governments may be doing more harm than good. The defendants
in such cases no doubt see them as political and religious persecution,
and their families, neighbors and larger communities may agree.
Joanne Mariner is a human rights attorney based in
New York.
|
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