Mar 26th, 2009
Posted by Ateqah Khaki, National Security Project at 7:05pm	Free Speech

Reopen Our Borders to Free Speech

On Tuesday, we were in court presenting oral arguments in the case of Professor Tariq Ramadan, a Swiss national and professor at the University of Oxford, dubbed "the leading Islamic thinker among Europe's second- and third-generation Muslim immigrants" by Time magazine.  In 2004, Professor Ramadan was set to teach at the University of Notre Dame until the government barred him from re-entering the U.S. by invoking a law that allows the government to deny entry to those who "endorse or espouse terrorism."

Although the government has failed to produce any evidence showing that Professor Ramadan endorsed terrorism or that he's inadmissible on any other basis, in court on Tuesday the government lawyer argued that the consular officer's decision to exclude Professor Ramadan was not subject to judicial review at all.

The ACLU's National Security Project director Jameel Jaffer and attorney Melissa Goodman (who are counsel in the case, American Academy of Religion v. Napolitano) provide some commentary after Tuesday's oral arguments in a new ACLU video.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

Unfortunately, Professor Ramadan's case is part of a disturbing practice that the government has resurrected over the last eight years – that of denying visas to foreign nationals whose political views the government disfavors. The ACLU and other organizations are also challenging the exclusion of Professor Adam Habib, one of South Africa's leading scholars and political commentators. Ideological exclusion violates Americans' First Amendment right to hear constitutionally protected speech by denying foreign scholars, artists, politicians and others entry to the U.S.

Last week, a broad coalition of free speech, academic, immigration and human rights groups sent a letter to Attorney General Holder, Secretary of State Clinton and Secretary of Homeland Security Napolitano urging them to end the practice of ideological exclusion.

The ACLU has an online petition calling on Attorney General Holder and Secretaries Clinton and Napolitano to stop censoring ideas at America's borders. Click here to send your message!

Permalink |	Free Speech

Tags: national security project

1. Vic Livingston Says:
   Mar 26th, 2009 at 7:49pm

   "IDEOLOGICAL EXCLUSION": NOT FOR FOREIGNERS ONLY?

   • Consider this evidence that American citizens falsely accused of being "dissidents" are subject to government censorship and/or prior restraint RIGHT NOW, under the Obama administration -- and that the complaints of this apparently "targeted" and fairly well-known journalist have fallen on deaf ears.

   Here is today's affront to First and Fourth Amendment rights (freedom of speech as well as freedom from unreasonable searches and seizures (in this case, of telecommunications)...

   ***

   "44" (washingtonpost.com) blog readers:

   My attempted post again has elicited the "held for blog owner" message, despite the fact that WaPo does NOT "hold" posts unless the software detects foul language.

   I believe this is yet another example of outright censorship and/or prior restraint on the part of a pervasive government surveillance operation that also manipulates and alters the telecommunications of "targeted" persons.

   A variation on the apparently censored post can be found at the following links:

   http://boston.indymedia.org/newswire/display/207164/inde x.php

   http://www.phillyimc.org/en/bush-era-extrajudicial-punish ment-network-victimizes-innocent-targeted-philly-area-citizens

   SUSPECT BIG BROTHER INTERNET / TELECOM SPYING, CENSORSHIP OR MALICIOUS INTERFERENCE?

   Do something -- tell your story to the American Civil Liberties Union (link below).

   And read in the "comments" section the ongoing account of a journalist in search of his First and Fourth Amendment rights -- free speech and freedom from unreasonable searches and seizures.

   Then demand that ACLU renew its free speech fight by filing a class-action suit against unconstitutional, rogue government surveillance operations.

   http://blog.aclu.org/2009/01/26/internet-filters-vo luntary-ok-not-government-mandate/#comments

   FOR MORE ON INTERNET CENSORSHIP AND "GESTAPO USA":

   http://NowPublic.com/scrivener

2. Vic Livingston Says:
   Mar 27th, 2009 at 9:10am

   IDEOLOGICAL EXCLUSION: Not Just for Foreigners?

   This journalist has written and posted extensively about blatant and malicious interference with internet telecommunications -- especially political speech -- apparently at the hands of by government surveillance operatives.

   Is it possible that "ideological exclusion" also is being used by ideologically-driven government agencies to censor and restrict the political speech of U.S. citizens who have been slandered as "dissidents" or as persons with a "nexus to terrorism" (to employ that convenient phrase)?

   I have presented a running account of this apparent censorship. The latest example involves this thread. last night, I posted a comment similar to this one. Later last night, the comment did not show up on my computer, nor did the comment appear this morning.

   However, that could be because my internet connection is being intercepted and "mirrored" in real time, with "spoofed pages" inserted to make it appear that my attempts to post were unsuccessful. This is another tactic that is employed to interfere with internet surfing and to restrict content.

   The bottom line is that so-called warrantless surveillance appears to involve more than just spying. My personal experience as a journalist who depends on the free flow of information indicates that these surveillance programs are being using as a tool of PRIOR RESTRAINT, CENSORSHIP -- and also as a tool of psychological harassment and intimidation.

   Please examine this running account of a journalist's quest for his elusive First Amendment and Fourth Amendment rights -- freedom of speech and association and freedom from unreasonable searches and seizures.

   Then urge the ACLU to pursue the "malicious interference" and "censorship" angles in its legal battles against constitutionally suspect government surveillance programs.

   http://blog.aclu.org/2009/01/26/internet-filters-volu ntary-ok-not-government-mandate/#comments

3. Jennifer Elaine Elliott Says:
   Mar 28th, 2009 at 10:01pm

   Where does this leave the 4th Amendment cases such Younger V Harris Victims of TSP programs
   private citzens learned by the release of Secret Bush Documents a Military OPS went to seek and desrtoy American Families and Lives based on False Intel-Counterclaims for Torts Laws? The fusion of technology laws, privacy rights and constitutional laws that need weaved together for a 21st century world with a need to upgrade Constitutional Amendments and hold agents that did Torture and played counterterrorism exersices on private citzens just for the run of "IT" Lawlessness "WATNON" criminally accountabilty - by specail prosecutor to handle case by case- The Illegal Program did kill and harm real lives- Otherwise James Comey would not resigned and the TSP program under Gonzales did ALL the EVIL_ Should Gonzales be tried for those Crimes- That Man blew It all with his Congressional Oversight- Thank Goodness Eric Holder has brought sunshine by Exposing- Real Lives damages by Texas MEN in Public Offices

4. Jennifer Elaine Elliott Says:
   Mar 28th, 2009 at 10:22pm

   The Tactics employed globally by the FBI/CIA reflects the homicidal profile of the enforcers in a controleed world-
   Agents that do these MONSTROUS CRIMINAL ACTS- to AMERICANS

   UGLY AGENTS V PRIVATE CITZENS

   torture physical and psychological
   terrorism
   blackmail of the monstrous type
   stalking, kidnapping, and fraudulent stings by law enforcement
   Burglary robbery theft fraud and extortion
   Abuse of Civil Process and disabling calumny
   Financail isolation and ruination
   Human experimentation of the monstrous tupe
   Programming for suicide
   psychological operations and mind control

   Michael Chertoff Played Integral Role In Authorizing TORTURE

   Is The ACLU - ready to Place Lawsuit for Victims - Directed AT The DOD for psywar- based On facts and Constitutional and International Laws Broken by past Bush Adminstration for Damages to Victims in The USA which are 100 Americans who where Tortured based on all LIES_ Men can't lie when a Female is not her God Given Height from a male agent that Tortured for his Boss to be Amused and Entertained --
   I personaly Think Ex Spy Cheif and the rage of one that quit in 2004
   Torturing as a Event of show-

   Micheal Hayden -IN a FURY over the release of more Document by The New DOJ-
   This man did something EVIL Criminally EVIL- Must Be guilty of something that Ruined the DOJ under Gonzales and Mukasey could not hide the lies

   Justice may be Blind but 90% of the time with Facts She can see her way through-

   As a Constitutional Lawyer of the ABA stated ( Katheleen Sullivan) all man made conflicts end leaglly under the Institution of The Constitutional Laws

5. Cc Says:
   Apr 3rd, 2009 at 9:17pm

   And how many of you have read the KORAN?

6. TrueLiberal Says:
   Apr 25th, 2009 at 5:53pm

   Where do I find the ACLU position regarding the DHS memo? I have searched and searched. I would think that you should be out front castigating Napolitano! If you are NOT, then the ACLU is the hypocrite and should be investigated.

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