“First they came for the socialists, and I did not speak out –
Because I was not a socialist.|
Then they came for the trade unionists, and I did not speak out –
Because I was not a trade unionist.
Then they came for the Jews, and I did not speak out –
Because I was not a Jew.
Then they came for me – and there was no one left to speak for me.”
~ Rev. Martin Niemoller (1892-1984)
The history of human freedom is long, tortuous and not gratifying. It consists essentially in governments trampling the laws enacted to restrain them. It is the profound clash of natural personal freedom and the commands of the state backed by force. The constitutions of totalitarian countries are papered over with restraints on the state, but the restraints are toothless. The state does what it wants. It doesn’t take rights seriously.
In liberal democracies – with the separation of powers, and checks and balances – the state is theoretically restrained. Yet often, there, too, the restraints are paper tigers. There, too, HERE, too, the state does not take rights seriously.
Thomas Jefferson argued that in the long march of history, personal liberty shrinks and state power grows. He famously believed that only a revolution can bring about a proper reset.
All of this history and theory came into sharp focus in the past two weeks when the feds arrested a Syrian graduate student in his student housing at Columbia University in New York City and shipped him to an immigration jail in Louisiana. He is married to a native-born American, they are expecting a child in April, and he is a permanent resident alien.
Last week, the federal government arrested a Lebanese physician at Logan Airport in Boston. She is a professor of medicine at Brown University, and she, too, is a permanent resident alien.
The student was charged with immigration violations. The physician was summarily deported to Paris and then to her native Lebanon.
The charging documents filed against the student allege no crime or personal misbehavior, point to no statutory violations, and offer no evidence of the student’s danger to persons or property or the government. The papers claim that Secretary of State Marco Rubio believes that this student’s presence on the Columbia campus – given his outspoken support for a Palestinian state, the existence of which has been the public policy of the U.S. for generations – is a material impediment to the execution of American foreign policy.
There are no charging papers filed against the physician, but the government leaked that when federal agents seized her mobile phone, they determined that she had been at the funeral of Hassan Nasrallah, the recently murdered head of Hezbollah. She was there along with more than one million others. When asked about this, according to the government leakers, she stated that she followed Nasrallah’s religious teachings but not his political ones.
While the physician was confined at Logan, her attorneys obtained an order from a federal judge prohibiting her deportation until a hearing could be held before him. The government ignored the order.
These two arrests implicate numerous constitutionally guaranteed rights, which are generally taken for granted here.
The first is the freedom of speech. We know from the writings of James Madison – who authored the Bill of Rights – that the Founders regarded the freedom of speech as a personal individual natural right. It is also, of course, expressly protected from government interference and reprisal in the First Amendment. The courts have ruled that it protects all persons – no matter their immigration status – who may think as they wish, say what they think, publish what they say, worship or not and associate with whomever they choose.
If the government can punish the speech it or its friends and benefactors hate and fear, then the First Amendment is useless and democracy is a sham.
Also implicated in these arrests is freedom of religion and assembly. Just as the student can make any public political statement he wishes – no matter how offensive or provocative it may be to his immediate or a distant audience – the physician can attend any funeral she wishes, can associate with any mourners of her choosing, can embrace any religion and can follow any preacher.
The whole purpose of the First Amendment is to keep the government out of the business of speech, religion and assembly. Without government fidelity to it, America is no longer a democracy but rather some form of conformist secular theocracy that rejects the basic values protected by the Constitution – and changes with every election.
Also implicated by these arrests is due process, guaranteed to all persons by the Fifth Amendment. At its rudimentary base, due process requires a fair hearing before a neutral arbiter before the government may interfere with life, liberty or property – and at which the government must prove personal fault.
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