Sedition is a word with a long, and embarrassing, history in the United States, beginning with the “Alien and Sedition Acts” passed by our second President, John Adams, and used to arrest a number of newspaper publishers who supported opponents of Adams’ Federalist party. Fortunately for the country, the law expired on the last day of Adam’s first (and only) term in office.
Sadly, Adams was not the last president to suppress dissent through the use of laws against sedition. Woodrow Wilson, during World War I, enforced two laws, the Espionage Act and the Sedition Act, that provided for the arrest of anyone who expressed antiwar or anti-government opinions. Over 2000 people were arrested, the most famous of which was Socialist spokesman Eugene V. Debs, who was sentenced to 10 years in prison.
And of course, who can forget the internment of thousands of Japanese Americans by FDR during WWII, or the activities of the House Unamerican Activities Committee (HUAC) during the Cold War. All very dark and shameful pages in American history, where people were convicted for holding beliefs that the government deemed subversive (or in the case of the Japanese Americans for having the wrong ethnicity).
You would like to think that such unconstitutiuonal episodes would be behind us by now. Yet, the idea of passing a new federal sedition law and prosecuting those who choose to speak out against President Bush and his administration is once again being bandied about in the right wing corner of the blogosphere, in their desire to eliminate the voice of dissent in this country. Under the banner of phony patriotism, and the flagrant misrepresentation of the views of Bush’s critics, they claim the need for a new sedition act so that “enemies of the state” can be prosecuted for the traitorous assistance their spoken words give to terrorists. Enemies of the state like — well, like Al Gore:
Last Sunday, former Vice President Al Gore spoke before the Jiddah Economic Forum. He told the mostly Saudi audience that the United States had committed “terrible atrocities” against Arabs after the Sept. 11, 2001, terrorist attacks. He stated that Arabs had been “indiscriminately rounded up” and detained in “unforgivable conditions.” He criticized America’s new immigration policy, which more carefully scrutinizes Saudi visas, explaining, “The thoughtless way in which visas are now handled, that is a mistake.” Finally, he concluded, “There have been terrible abuses, and it’s wrong. … I want you to know that it does not represent the desires or wishes or feelings of the majority of the citizens of my country.”
These are outrageous statements. And the silence from the left is deafening. The Democratic National Committee told me that they had not released a statement regarding Gore’s speech and had no plans to do so. The New York Times editorial board, the official outlet of the American left, wrote nary a word about the speech.
It is now considered bad form to criticize those who commit seditious acts against the United States. Challenging the patriotism of a traitor draws more ire than engaging in treasonable activities. Calling out those who undermine our nation creates more of a backlash than actually undermining our nation.
Let us consider, however, the probable consequences of Gore’s mea culpa on behalf of the “majority” of his countrymen. No doubt his words will fuel the massive tide of propaganda spewing forth from Muslim dictatorships around the globe. No doubt his words will be used to bolster the credibility of horrific disinformation like the Turkish-made, Gary-Busey-and-Billy Zane-starring monstrosity “Valley of the Wolves: Iraq,” which accuses American troops of war atrocities and depicts a Jewish-American doctor (Busey) slicing organs out of Arab victims and shipping the body parts off to New York, London and Israel. No doubt Gore’s speech will precipitate additional violence against Americans in Iraq and around the globe.
And Gore is not alone. Much of the language of the “loyal opposition” has been anything but loyal. In September 2002, Rep. Jim McDermott (D-Wash.) called President Bush a liar on Saddam Hussein’s turf, then added that Hussein’s regime was worthy of American trust. On “Face the Nation” back in December, Sen. John Kerry (D-Mass.) stated that American troops were “going into the homes of Iraqis in the dead of night, terrorizing kids and children, you know, women, breaking sort of the customs of the — of, of, of historical customs, religious customs …” Howard Dean, the head of the DNC, averred in December that the “idea that we’re going to win the war in Iraq is an idea which is just plain wrong.”
At some point, opposition must be considered disloyal. At some point, the American people must say “enough.” At some point, Republicans in Congress must stop delicately tiptoeing with regard to sedition and must pass legislation to prosecute such sedition.
Ignore for a moment the possibility that Gore’s remarks may have been misrepresented by the author of this screed (as indeed they were). Assume that everything he claims about Gore’s speech is correct. Even making that generous assumption, do any of you really believe that Gore’s remarks, ill-considered or otherwise, to this audience in Saudi Arabia, justify arrest and imprisonment for exercising his first amendment right to free speech? We’ve seen far worse from noted right wing pundits like Ann Coulter, who suggested that someone should poison a sitting associate justice of the Supreme Court. Yet Gore’s comments, in their minds, deserve arrest and imprisonment? Why? Well, here’s their answer to you:
Under the Espionage Act of 1917, opponents of World War I were routinely prosecuted, and the Supreme Court routinely upheld their convictions. Justice Oliver Wendell Holmes rightly wrote, “When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.” The Allies won World War I.
During World War II, President Franklin D. Roosevelt authorized the internment of hundreds of thousands of Japanese-Americans, as well as allowing the prosecution and/or deportation of those who opposed the war. The Allies won World War II.
During the Vietnam War, the Supreme Court repeatedly upheld the free speech rights of war opponents, whether those opponents distributed leaflets depicting the rape of the Statue of Liberty or wore jackets emblazoned with the slogan “F— the Draft.” America lost the Vietnam War.
You see? When America suppresses dissent it wins its wars, and when it doesn’t it loses them. In other words, patriotic Americans who want to win the grand and glorious war on that nefarious verb “TERROR” should be cool with a little government suppression of free speech, especially the speech of anyone who dares to question our Republican leader’s actions in this time of war. Americans love to win, after all, so we should be willing to put up with a few arrests of prominent Democrats who dare to say speak up in opposition to this war.
Could any justification be more odious? Forget for a moment the faulty logic which equates suppressing dissent with victory. Do you really want to live in a country that ditches it’s most cherished values over the side of the ship of state whenever we are at war? Well, these conservatives (and I use the term ironically) do.
And, of course, it’s not just Gore they’d like to hang from the yardarm. They also have the hots for Congressman Jim McDermott (D – Wash), Senator John Kerry and Howard Dean:
And Gore is not alone. Much of the language of the “loyal opposition” has been anything but loyal. In September 2002, Rep. Jim McDermott (D-Wash.) called President Bush a liar on Saddam Hussein’s turf, then added that Hussein’s regime was worthy of American trust. On “Face the Nation” back in December, Sen. John Kerry (D-Mass.) stated that American troops were “going into the homes of Iraqis in the dead of night, terrorizing kids and children, you know, women, breaking sort of the customs of the — of, of, of historical customs, religious customs …” Howard Dean, the head of the DNC, averred in December that the “idea that we’re going to win the war in Iraq is an idea which is just plain wrong.”
Forget that everything these prominent Democrats said (taken out of context here by Mr. Shapiro — go check out the debunking of his fraudulent claims against Rep. McDermott at Martini Republic) is true. Bush really did have no valid reason for invading Iraq. American troops do break into the homes of Iraqi at night and cause terror to the families of what are frequently innocent and unsuspecting individuals. And Howard Dean looks like a prophet considering the true state of affairs in Iraq today. My point is that Mr. Shapiro and his ilk don’t care about the truth, what they care about is eliminating opposition to Republican Party rule.
For anyone who thinks I may be making a mountain out of a molehill, stop and consider for a moment what might happen in the event of another terrorist attack on American soil. It could happen, you know. This is the administration that failed to take warnings about Al Queda seriously before 9/11, and the one that screwed the pooch on Katrina. As dyed in the wool Bush apologist Tommy Franks warned back in 2003 in the event of another terrorist attack “… the Western world, the free world, loses what it cherishes most, and that is freedom and liberty we’ve seen for a couple of hundred years in this grand experiment that we call democracy.” Indeed he went further to add that the Constitution might very well be scrapped and a military government take over.
So don’t be so quick to dismiss this as just overblown rhetoric from a right wing blowhard. The fact that conservatives are even raising the possibility of sedition laws is profoundly disturbing in light of our past history, and in light of the present administration’s claims to untrammeled executive authority. We need to respond vigorously now to these audacious proposals to limit our liberty, because when the next terrorist attack (or ginned up war) occurs it will be too late.
Cross posted at Daily Kos.
Come get me, fuckers.
Well, do you remember the Huston Plan?
If not, read up.
All I ask is that they offer purple coveralls instead of just orange. I have a problem with orange.
Step aside Ms. Jester.
They gotta get me first. Which could be enough of a diversion for you to get away. Presuming you would run. A mighty big presumption ;o)
and, as Sy Hersh recommends, if you’re eligible for one from another country…get it.
Peace
My first thought was, who gives a crap about what right-wingnuts have to say. Then I stopped to consider all the outrageous things that I dismissed in the past that came true. I remember laughing out loud when I heard that Reagan was running for president. Who would be crazy enough to vote for a bad actor with bad ideas for our country? Clearly my finger was not on the pulse of the American populace.
The one thing that the right wing has been extremely competent about is the manipulation of fear. I would consider it unlikely that Al Gore would be charged with treason, but we already have the Patriot Act aimed at the heads of activists — anti-war, pro-union, anti-globalization, pro-environment and the like. We also have NSA and FBI spying on activists and don’t forget the new Homeland Security initiative to turn school bus drivers into snitches.
It all reminds me of Caryl Churchill’s play about Romania “Mad Forest.” Fear, repression and citizen’s spying on each other.
I’m not being a prick when I ask this. Are there any organized Democratic efforts to stop this movement before it gets too far?
What are you thinking mahn?! You mean, the Ds should disrupt the “decorum” in either the Senate or the House…
You really think the Democratic representatives would be interested in stopping it? They don’t want to criticize the Preznit, so they aren’t at risk, and they probably think they can use it to get rid of the troublesome elements of their own party. (IE, everyone that’s not inside the beltway)
That’s where the imminent prosecution of any third party or non-2-party talk has potential. Any action or speech that advocates the disruption or alteration of the standard that exists could be considered an attempt to undermine.
behavior during the influenza pandemic of 1918 abound; assuming dictatorial powers, deep faith in himself that his judgment is correct, to name a couple.
See The Great Influenza by John M Barry for more chilling similarities, and prepare for the results of more Bush incompetency, think Katrina, only nationwide.
Are they disappointed because they are limited to collaborators? (Individuals can’t plan/collaborate with themselves)
On SFGate: “Using sedition law gives government greater latitude in war on terrorism.” written Nov. 2001 — over 4 years ago — by Pete Yost, AP writer.
It’s about how federal prosecutors are using the seditious conspiracy law (see below). In the 1980’s it was used to convict Puerto Rican nationalists for planning to bomb military facilities, and in the 1950’s, to convict communists for teaching subversive doctrines.
U.S. Code Title 18 Sec. 2384.
“If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”
How was Berg considered to be collaberating? Isn’t sedition what they used to attempt prosecution against her?
From what I gather on the ACLU website article (the New Mexico ACLU acted for her) it never approached prosecution. In her letter Berg identified herself as a VA nurse. Her VA bosses seized her work computer, suggesting she wrote the letter at work. If they had found any evidence they would have fired her, methinks, on the basis of using company time/equipment on a personal matter.
When they found nothing they had 2 choices: apologize or try to justify. Apparently a not-too-bright manager accountable for the budget spent in the “investigation” went the justification route. He said they were bound to investigate possible acts of sedition.
Of course, nothing she did or said could have been construed as sedition, much less collaboration. Lawyers all over the country are still wincing.
It appears the VA, or someone along the way tried to use this to keep her quiet in speaking out against VA deficiencies in caring for the returning military. She ws very outspoken about that. Nicholson is the one in charge that took the heat for underestimating VA money needed and the high number of disabled that would need treatment. He had a controversial appt by Bush and took heat from even his own party for embarrasing them on the VA funding requests. He was also head of RNC for many years and at the time of the 2000 election. He has often condemned third way efforts. He’s also about 8th or 9th in line of succession for the presidency and some in line might be ineligible due to residency regulations.
It’s not much comfort to know that charges won’t stick if just being charged can ruin your life. One report mentioned the fbi still active on the case from some top VA filing the information or passing it on.
That law requires a conspiracy to use force to overthrow or oppose the government. Sedition laws would make speech itself a crime, much like Debs was prosecuted for opposing WWI.
How about this example of a letter to the editor?
It’s would be misuse of the statute to actually charge her with a violation. What this story represents is an active campaign to suppress dissent through intimidation. The law however doesn’t justify any charge against the nurse. A new sedition law might, however, depending upon how it was worded.
Well, don’t you see that incident and subsequent story part of a campaign to set up that type of new law? These things don’t happen by accident. That’s why I was asking if there is a serious effort by Democrats to head this off before it gets started.
To answer your question, not one I am aware of.
Evidently there is something substantial to the investigation of sedition or the VA, as headed by Nicholson would not have further involved the FBI to continue investigating her.
The other factors must then all be a coincidence, or several.
Last July, in a burst of creativity that hasn’t resurfaced (unfortunately my mind tends to work that way) I put together several essays that the Wingnut Mafia would probably consider sedition:
Damn Straight, I’m The Enemy
Does This Sound Familiar?
If George Bush Had Been Alive In 1776
Tell Me Again, George
and most to the point, On Dissent
Maybe I should go on vacation up to Everett more often. Or less, if echoing the words of the Founding Fathers is going to get my little white butt thrown in jail for sedition.
But mostly, I wanted to bring these back to mind because they show how far we have strayed from the American ideal of 1776, and how much like the hated British overlords we have become. If more people realized this, they might be less willing to fall in line with the rest of the lockstep lemmings. Maybe.
Maybe it’s time for a couple of people to get dressed up like George Washington, Benjamin Franklin and Thomas Jefferson and travel around the country, reminding Americans what this country is really supposed to be all about. I’ve changed my sig to support this meme.
I suspect there’s a lot of people on lists these days. Attend antiwar protest — list. Have a liberal blog — list. Contribute money to moveon — list.
No wonder they need the NSA’s computers to keep all the lists straight.
Well, I belong to the ACLU and the EFF, I have a Democracy bond and I post here. I suspect that if they want to find me, they’ll be able to.
I’m just hoping that while I’m in jail I’ll be so busy shaking hands with all my leftie buddies that I won’t have time to bemoan the fact that I’m in jail.
What is so pathetic about the incompetents who claim the veneer of protecting society to cover all their errors of commission and omission is that the whole point of the terrorist agenda is to bring about exactly the conditions that the lunatic right is screaming for. The point of terrorism is to compel the government to steal our liberty just like they think the West has stolen theirs. It’s a sad commentary of American civilization when people living in caves somewhere in Afghanistan or Pakistan are more forward thinking and rational than our President and the lackeys he has running the government and the military. (Read The New Yorker).
From day one the cave dwellers have won the war because of this. My dark suspition is that the war was allowed, or worse, concieved for the very purpose of taking away personal freedoms. Better the serfs be controlled so as to fill the coffers faster and more efficiently.
What about the possibility that there really aren’t any cave dwellers, either?
Stop that! Now you’re really freaking me out!
Seriously though. What if the cave dwellers and the Nazi’s are one?
An ideology of supremacy by a natural or divine choice can live on beyond noticeable incidents in one generation to the next. It might be a cosmic shell game, pyramid scheme or a network of ever-evolving, cunning khan-artists.
The example that fits this best for me was the appearance of Bin Laden a few days before the last election. The timing was just too perfect.
That will end up being a traditional holiday of sorts when the laden emerges from his burrow and signals the early arrival of democracy or the extended period of oppression. It would become custom for crowds to gather in anticipation of his candidate emdrsement choice for the season.
You can’t. I am laughing to hard to type. I have not laughed this hard since the Whittington aplology.
If only the extended period of oppression were a mere 6 weeks
The blog or article you quote is just the initial blast in the nazi-like takeover of power in America after the Republicans lose control of the House and Senate in November, 2006 and/or the Presidency in November 2008. Something will happen between November and January to force the Republicans to not turn over their lost seats because of seditious Democrats and the scary people in the world.
These people are ignorant, arrogant, control all three branches of our government and want to destroy all checks and balances. Where’s the Jack Daniels?
Screw the Jack. I’m going straight for the Grain ;o)
but what was this lady thinking?
She is a nurse, so we cannot say she is an uneducated person, and from the contents of her letter we see that she is an informed lady, not some ignorant or airheaded individual.
Yet she would, in the United States today, write such a letter to the editor, and apparently include identifying information that can, and evidently is, being used by hostile entities to take action against her!
Please, people, use discretion when writing letters of this kind and sending them off to newspapers who are commercial concerns, after all, and hardly in a position, or even likely to be inclined, to put themselves at risk to protect what your teachers in school may have told you about your “rights.”
If you are going to sign your real name, confine the subject of your letter to plantings around public buildings and local leash laws.
You, like every other person on earth, has the right to be seized at any time by US gunmen and “rendered” to an interrogation facility.
That is the “right” you can count on.
This seems counter-intuitive to me.
Of the few things we have left, our responsibility to speak out is one. It’s also our responsibility to own our opinions. The more people do this, the better.
If we run around in fear of speaking out then they have won. They may have already won but I’m stubborn.
Like I said in another thread, if I am disappeared then I’m confident that my children will recall all I’ve taught them in their time with me to stand up and replace my voice. It’s the only way.
I just explained some of this to my youngest daughter. She asked if people can really be arrested and taken away. I told her yes, it’s true.
She advised me to quickly change the online subject and start talking about Barbie :o)
stuff of a hastily dashed off letter to the editor, or any other hasty action.
There is, as you say, both a need and for those who are called, a responsibility for Resistance.
However, there is also a need for prudence and planning and wide open eyes. It is a very brave sentiment you express, that your children, if you are seized, will recall all you have taught them. But what if it is your children who are seized?
We don’t know if this lady has children, or elders, or fur family members, and it appears that she will be the target, and in this case, not of seizure but of “legal” action.
But there is no one who can guarantee you, or anyone, that it would be thus in your case.
So to make sure I am not misunderstood: I am in favor of Resistance, but I am in favor of studied, deliberate and responsible Resistance. At this time, there are not ten million to take up the flag if you fall. There are not even ten thousand. The Resistance has not yet reached the storming the palace point yet. There is not even anything that could be called “unrest.”
Therefore, it is incumbent upon you to ensure that your actions first of all, do not endanger other people, and also to minimize, to the extent that you can, the danger to yourself so that you can continue Resisting, and inspire others to do so.
In the case of this lady, she could have written the same letter, not used her real name, and sent the goons off on a wild goose chase which they would soon abandon because it is only a letter to the editor, and is not worth the effort to send the message if they have to investigate every Jane Smith in town.
That letter would, in other words, cease to be a good target for the launch of this program. However, it might have inspired a dozen, maybe more people to write letters to the editor expressing similar views, and the FBI investigating twelve or twenty people in town who all wrote letters to the editor is in itself liable to inspire some letters.
Thus there is a good likelihood that even people who today are saying, well I hope they find that dangerous anti-American sentiment inciter, might, if there were twelve such letters, be saying, oh for goodness’ sake. Since when can’t crackpots write letters to the editor. All anybody is talking about are those guys in the black suits knocking on doors asking people about old Mr. Tompkins.