Colodia
17-10-2004, 04:49
http://www.cnn.com/2004/LAW/10/16/protesters.terrorism.ap/index.html
Fears of a terrorist attack are not sufficient reason for authorities to search people at a protest, a federal appeals court has ruled, saying September 11, 2001, "cannot be the day liberty perished."
A three-judge panel of the 11th Circuit Court of Appeals ruled unanimously Friday that protesters may not be required to pass through metal detectors when they gather next month for a rally against a U.S. training academy for Latin American soldiers.
Authorities began using the metal detectors at the annual School of the Americas protest after the terrorist attacks, but the court found that practice to be unconstitutional.
"We cannot simply suspend or restrict civil liberties until the War of Terror is over, because the War on Terror is unlikely ever to be truly over," Judge Gerald Tjoflat wrote for the three-member court. "September 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country."
City officials in Columbus, Georgia, contended the searches were needed because of the elevated risk of terrorism, but the court threw out that argument, saying it would "eviscerate the Fourth Amendment."
...
"I felt that they were using 9/11 as an excuse, along with the Patriot Act, to interfere with our First Amendment rights," he said. "They are using this to get around what the Constitution is really rooted in."
Of course, I hope this would cause a chain reaction that would eventually lead to the White House. But that's a longshot.
Fears of a terrorist attack are not sufficient reason for authorities to search people at a protest, a federal appeals court has ruled, saying September 11, 2001, "cannot be the day liberty perished."
A three-judge panel of the 11th Circuit Court of Appeals ruled unanimously Friday that protesters may not be required to pass through metal detectors when they gather next month for a rally against a U.S. training academy for Latin American soldiers.
Authorities began using the metal detectors at the annual School of the Americas protest after the terrorist attacks, but the court found that practice to be unconstitutional.
"We cannot simply suspend or restrict civil liberties until the War of Terror is over, because the War on Terror is unlikely ever to be truly over," Judge Gerald Tjoflat wrote for the three-member court. "September 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country."
City officials in Columbus, Georgia, contended the searches were needed because of the elevated risk of terrorism, but the court threw out that argument, saying it would "eviscerate the Fourth Amendment."
...
"I felt that they were using 9/11 as an excuse, along with the Patriot Act, to interfere with our First Amendment rights," he said. "They are using this to get around what the Constitution is really rooted in."
Of course, I hope this would cause a chain reaction that would eventually lead to the White House. But that's a longshot.