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February 19, 2004

The Spin Before the Lie

Apparently, in a smaller, less ballyhooed, front-page article by Gerald Carbone in its Wednesday edition, the Providence Journal merely spun the information that, today, it leaves out. That doesn't, to my mind, mitigate its complete disregard for the truth today, particularly considering that yesterday's article is absent from its extended online coverage. (I had to dig for yesterday's piece.)

Look, I agree that the definition of "weapons of mass destruction" that the bill suggests ought to be tightened so some overzealous prosecutor and judge don't conspire to include guns, but that's why our legislative process works as it does. Language changes as it moves toward approval. And to the extent that citizens cannot trust those who claim interest in protecting their rights, the system will not function as intended. Consider:

Carcieri's bill defines terrorism as: "a violent act or an act dangerous to human life" that is "intended to: intimidate or coerce a civilian population; influence the policy of a unit of government by intimidation or coercion; or affect the conduct of a unit of government by murder, assassination, kidnapping or aircraft piracy." ...

Steven Brown, executive director of Rhode Island's ACLU, wrote: "This definition of terrorism has the potential to significantly chill legitimate protest."

Picket lines, for example, are "at least in part designed to 'intimidate' or 'coerce.' If a striking worker shoves a person trying to cross a picket line," he or she could be sentenced to life in prison for committing a violent act while trying to coerce a civilian, Brown wrote.

The Projo's published definition, inexplicably, leaves out the words "that is in violation of the criminal laws of this state." That isn't an insignificant, or innocent, omission. The hypothetical striking worker's shove, in other words, would have to rise to the level of a crime in its own right. Furthermore, it would take more than a little license on a judge's part to construe the line-crosser as "a civilian population." And further still, this is simply a definition, to which laws describing criminal acts and penalties refer — as I described in the previous post.

Of course, that judges can't be trusted not to stretch definitions beyond the ability of legislators to be specific is among the major problems that our country currently faces. (Not that it isn't a precedent that the ACLU often seems inclined encourage.) But again, this is why the governor doesn't make laws all by himself. This is why there's an extended procedure for moving bills through the legislative process.

For non-profit organizations and ostensibly objective media outlets to indulge in reactions that can only be motivated by politics is more dangerous than anything the governor has proposed.

Posted by Justin Katz at February 19, 2004 11:36 AM
News Media
Comments

Am I reading the ACLU's position correctly? Are they saying that the first amendment protects violent coercion?

Posted by: Andrew at February 19, 2004 5:16 PM

Actually, Andrew, I think the ACLU's position is that the First Amendment protects violent coercion from organized labor. Abortion opponents, for example, don't even have the right to stand near a building.

Truth to tell, it would make me uncomfortable if it were at all plausible that a shove would get somebody a life sentence for terrorism, but I don't think that's plausible.

Posted by: Justin Katz at February 20, 2004 12:10 AM