Bill a threat to civil liberties

As the media daily reports government abuses of individual civil and constitutional rights in the name of the “war against terrorism,” and as the now Democratic-controlled Congress continues to hold public hearings on the worst of these abuses, a new threat to the civil liberties of Americans quietly wends its way through the halls of Congress.

On April 19, 2007, Rep. Jane Harmon, Democrat of California, introduced H.R. 1955 onto the floor of the House of Representatives. On Oct. 24, 2007, this bill, named the “Violent Radicalization and Homegrown Terrorism Prevention Act of 2007” was passed by a bipartisan majority by the House. Its Senate counterpart, S.1959, introduced by Sen. Susan Collins, Republican of Maine, is now in committee awaiting action. While it is good to see that Congress is still capable of bipartisan activity, one might have hoped that this cooperation would not have extended to this bill.

H.R. 1955 and S. 1959 are designed to establish a new “National Commission on the Prevention of Violent Radicalization and Ideologically Based Violence.” This commission is given broad powers to investigate “homegrown terrorism, ideologically based violence, and violent radicalization” anywhere in the United States. The definitions provided for these activities are frighteningly broad and include both violence against individuals and property as well as coming quite close to creating what some in the media have referred to as “thought crimes.”

Section 899A(2), for instance, defines “violent radicalization” as “the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically base violence to advance political, religious, or social change.” Sec. 899A(4) includes the “planned use” of “force or violence” within the scope of the commission’s charge. Thus, a group that wishes to promote political, religious, or social change, even though it takes no actions at all, would still be deemed “homegrown terrorists” by this proposed law.

As I read the broad language of this proposed legislation it could easily result in the serious violation of Americans’ First Amendment rights. For instance, would a church group that contemplated a anti-abortion protest that might involve property damage, such as painting graffiti on a clinic’s walls, be deemed a “homegrown terrorist” group? Would an animal rights group that proposed spilling paint on fur coats equally be a “terrorist group?”

What about a student anti-war protest that led to a fistfight between protesters and anti-protest groups? Would these groups also be terrorist groups? This legislation is frighteningly close to that which established the House Un-American Activities Committee, the committee that became the vehicle for Sen. Joseph McCarthy’s reign of terror against freedom of speech and association.

The legislation also calls for establishing “centers of excellence” at universities in the United States, places where the Homeland Security and the new commission could hire faculty experts in such fields as law, sociology, anthropology and other social sciences to work to identify those ideologies that should be considered terroristic. Is this what we want academia to be spending its time doing?

H.R. 1955 passed the House by an overwhelming bipartisan majority. It is very likely to have a similar fate in the Senate and become law unless the American people rise up in protest and tell their senators that they will not tolerate a new era of “McCarthyism.” The time to act is now before it is too late.