Eclectic Echoes

Roger Williams rolling in his grave as R.I. Gov. Carcieri attacks First Ammendment

Who could ever imagine that in the town and state founded by Roger Williams on the philosophy and promises of civil liberties, that the ideals of the First Amendment would come under such attack? Yet Rhode Island Governor Carcieri is pushing the adoption of a bill (pdf) that, if passed into law, would significantly limit some of the core freedoms many take for granted in this nation—freedoms for which Rhode Island has a long tradition of defining and protecting.

The bill in question seeks to limit the right to assemble and the right of free speech. It could also limit the right to petition—all rights defined and guaranteed in the first amendment. The act is primarily modifications of existing, outdated and probably unconstitutional acts dating from the period immediately following World War I when many ant-anarchy laws were enacted across the country. Most states have long since overturned those laws either through court decisions or legislative action, but in Rhode Island (where they are still on the books) the Governor is seeking to expand those acts into a new and chilling Homeland Defense act: “§ 11-43-12…Any person teaching or advocating…opposition to organized government,…disbelief in or opposition to organized government…shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or imprisonment not exceeding ten (10) years, or both. ”

Will this come to pass? Hopefully not, it is already being opposed by Constitutional scholars and—not too remarkably considering Rhode Island’s civil liberties heritage—many private citizens who are assembling and voicing their opposition. Even if it does come to pass, I doubt it could stand the scrutiny of the courts. But better to not let it reach that point at all. As obnoxious and insulting as the Patriot Act may be, this proposed bill is even more so. I hope the citizens and legislature of Rhode Island kill this proposed bill with prejudice and send a message to the lawmakers around the nation that the First Amendment must not b sacrificed to attempt to secure a small portion of a (false) sense of security. Whats more I hope the legislature of Rhode Island sees the danger of having the old (and arguably unconstitutional) anti-anarchy laws from World War I still on the books, even if they have not ever been challenged in the state courts (probably because prosecutors chose not to use the law because they perceived them as unconstitutional and knew they risked the successful conviction of a criminal by using a highly questionable law to prosecute them when other laws existed that could be used to obtain a conviction.)