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THOMAS MITCHELL: If you take liberties for granted, you'll lose them

Every generation believes it lives in a time like no other.

As a constant student of the principles of the First Amendment, I keep nearby a copy of Geoffrey Stone's book "Perilous Times: Free Speech in Wartime: From the Sedition Act of 1798 to the War on Terrorism."


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  • It is a reminder that we must be ever-vigilant about protecting the founding principles, because well-meaning people can squander them, especially in times of war and conflict.

    With a potential war with France looming, dissenters were jailed under the Alien and Sedition Acts of 1798. During the Civil War, President Lincoln suspended habeas corpus and Copperhead editors were imprisoned. During World War I, people were hauled off to jail for distributing leaflets arguing that the draft violated the 13th Amendment prohibition against involuntary servitude. During World War II, Japanese citizens were interned. Then there was blacklisting and now the Patriot Act.

    One of the things I have to keep reminding myself -- especially in my role of journalist, constantly fighting bureaucrats for information -- is that our capital G Government is not some nebulous external entity. It is me and you. We, collectively, dictate what our government can and should do. As such, we must keep ourselves informed about what it is doing.

    That aspect of our perilous times is at the forefront now. We cannot support or oppose a thing if we have no knowledge of it, whether it is a health care reform bill no one has read or a global warming debate we are told is not debatable or the conduct of our agents in interrogating enemies.

    Since 2003, the American Civil Liberties Union has been suing for access to photographs showing the treatment of Afghan and Iraqi prisoners. Both the Bush and Obama administrations have refused to release them, arguing their release might inflame our enemies. (How they could be any more inflamed is hard to imagine.)

    The Obama administration, sworn to be the most transparent in the history of the universe, reversed itself and appealed the case to the U.S. Supreme Court. This past week, Congress passed and sent to the president a bill exempting such material from being subject to disclosure under the Freedom of Information Act. The court delayed hearing arguments because the legislation, if signed by the president, would make the case moot.

    If we, as the ones who hold the reins for our democracy, are to knowledgeably govern, we must to be shown all the information our so-called leaders have. How, otherwise, can we judge their actions?

    This is not a popular stance. I dare say, if put to a vote, 80 percent would call for keeping the photos secret. Too many simply don't want to know. Too many are willing to let their betters make the tough decisions. That is a perilous path.

    I met Geoffrey Stone, a professor at the University of Chicago Law School, when he lectured at UNLV and got him to sign my copy of his book. I recently found an hour-long 2004 interview with him posted on YouTube (http://tinyurl.com/yfbwqhz). In book, lecture and interview, he makes this point clear.

    Stone concludes his book with this warning:

    "To strike the right balance, this nation needs political leaders who know right from wrong; federal judges who will stand fast against the furies of their age; members of the bar and the academy who will help Americans see themselves clearly; a thoughtful and responsible press; informed and tolerant citizens who will value not only their own liberties, but the liberties of others; and justices of the Supreme Court with the wisdom to know excess when they see it and the courage to preserve liberty when it is imperiled. And, so, we shall see."

    An the end of the online interview Stone notes:

    "The culture that makes democracy succeed is a very complicated one. It requires intellectual independence. It requires skepticism about government officials. It requires tolerance, the willingness to lose and not take up arms and fight over it. And that's something that needs to be constantly reaffirmed in every generation. And Americans should understand that they can't be passive about their liberties, that if they are passive about their liberties, they will ultimately lose them."

    You can surrender them meekly or fight.

    Thomas Mitchell is editor of the Review-Journal and writes about the role of the press, free speech and access to public records. He may be contacted at 383-0261 or via e-mail at tmitchell@reviewjournal.com. Read his blog at lvrj.com/blogs/mitchell.

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    patrick wrote on October 27, 2009 10:58 AM: Winston:

    Are you suggesting that any man who has written anything is forever to be bound to that?

    I mean, you don't seriously believe that every time someone commits some words to paper that they hold those same opinions forever do you?

    And, asserting that a man who writes something down even holds that belief when they wrote it is not consistent with human history and anyone today trying to filter out some absolute truth in what a man said 200 years ago or more is simply grasping at straws.

    If you believe this so strongly Winston, I ask for your explanation of the writings of King Solomon in the Old Testament; did the jolly old king really mean what he said in (and its been awhile so if I get the chapter wrong and you know which one I'm referring to please correct me) Ephisians about the world being non-sense and that a man should do whatever a man wants to do whenever he wants to do it, and that this is the inspired word of our Lord?

    Use the words as you wish Winston, but know that this is what you are doing and don't try to assert that the people who wrote them are "commanding" this result simply because they wrote some stuff down when they were drinking which they later regretted.


    Winston Smith wrote on October 26, 2009 03:16 PM: Ahhhh, patrick. If we can't understand our Founders' beliefs by their written word, what else do we have? In spite of our Founders' flaws and imperfections, if their writings are not truly indicative of their thoughts, then why should we care about what anyone in history has written?

    Western civilization rests on a belief system that most of us have bought into based primarily on the written philosophies of Hebrews, Greeks, Romans and early Christians.


    think twice wrote on October 26, 2009 10:05 AM: "...Both the Bush and Obama administrations have refused to release them, arguing their release might inflame our enemies. (How they could be any more inflamed is hard to imagine.)..."

    Underestimating one's enemies may be among the most dangerous of strategic errors in this or any war. We're arguably on a losing streak as it is in both Iraq and Afghanistan. Insistent demand for access to these photos now seems nearly arrogant conceit on the part of the press.

    Obama came into office saying he'd get access granted to the photos for the Press. His 180 turn on that intention strongly indicates the photos' content would undermine our troops' safety, and from there, increased domestic threat is not a stretch, particularly in light of recent arrests of terrorist suspects in Colorado and New York.

    Assigning Obama's motive to his "lack of transparency" in light of these circumstances, is at best, imaginative. Finding it “hard to imagine” our enemies any more inflamed than they already are suggests less a lack of imagination, than a short term memory of our enemies’ devastation of America in 2001.



    Scott wrote on October 26, 2009 08:29 AM: The most important "freedom" to Mr. Mitchell is the FREE information that he can obtain from the government and then put it in his newspaper and SELL it.


    Now I need a license just to ill? wrote on October 25, 2009 10:00 PM: I'd rather fight for my right to party.


    Your not thinking wrote on October 25, 2009 09:34 PM: Mr. Thomas Mitchell,

    Your not "thinking out of the box" Mr. Mitchell.

    The pictures probably show Saddam Hussein being tortured. Or they have Osama Bin Laden in custody (which I have always believed). A home-grown American Iraqi being tortured?

    It has always been my belief that it is something other than what we think.




    patrick wrote on October 25, 2009 09:10 PM: winston:

    There is no contradiction; the author says that we cannot be "passive". You assume that not being passive means taking up arms; there is room in between those two extremes with which to protect our liberties.

    And the way you continue to speak for our "founding fathers" is inspiring winston; its as if you knew them personally. The facts are that the guys who wrote our Constitution and Declaration of Independence were as flawed as you and me, and said and did many things that were contradictions to what resulted.

    Fixating on the words that were spoken, is foolish consistency my friend.


    winston smith wrote on October 25, 2009 07:47 PM: "It requires tolerance, the willingness to lose and not take up arms and fight over it. And that's something that needs to be constantly reaffirmed in every generation. And Americans should understand that they can't be passive about their liberties, that if they are passive about their liberties, they will ultimately lose them."

    There seems to be a contradiction in these statements. Stone correctly notes that you can't passively protect liberty, but he also states that we cannot take up arms when we lose. I believe the Founding Fathers had a different view on this.

    The American People's escape clause from tyranny, as delineated in the Declaration: "But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security."


    Morgan Silver wrote on October 25, 2009 04:48 PM: That last quote from Stone says it brilliantly: "..It requires tolerance, the willingness to lose and not take up arms and fight over it. .."

    This is important to remember because the ability of Americans to withstand and overcome political setbacks (of either party) is one of the distinguishing elements of our nation.

    The reverse is obvious -- if every time a political faction grabbed their guns and started shooting when things didn't go their way, we'd be just another failed government waiting for the next warlord to come along.

    Which means --gasp!-- that Lincoln was wrong.


    Frank L wrote on October 25, 2009 02:55 PM: Thomas Mitchell;

    Your editorial staff is already on record as supporting torture for non-uniformed aggressors against the U.S., so why do care what the pictures demonstrate?

    Seriously, why do you care? How will the release of these photos matter to you? To prove torture occurred, which is what your subordinates condone or that it didn't happen and you are disappointed?

    Or do you just have a particularly sick personality that wishes to see other humans tortured?

    FOIA should be supported; but I know that that is not a universal concern of yours...I have personal knowledge that your curiosity is limited and I believe it is limited to exploring actions of those that are not "friends" of yours.


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