A bill that is advancing in the Florida Legislature would authorize government surveillance of people whose “views” or “opinions” are deemed “a threat” to state or national “interests.” What could possibly go wrong?
“This outrageous claim of authority would be a profound betrayal of Americans’ First Amendment rights,” Carolyn Iodice, legislative and policy director at the Foundation for Individual Rights and Expression, warns in a press release. “Imagine being arrested or having your home raided because the government has decided that your opinions are a ‘threat’ or simply don’t align with its interests. This puts everyone’s free speech rights at risk. Even if your views aren’t in the state’s crosshairs today, they could be tomorrow. Free societies do not investigate or arrest their own citizens for their opinions.”
The American Civil Liberties Union (ACLU) of Florida also has “grave concerns” about the bill. It “could easily be used to silence dissenting voices under the guise of security,” ACLU of Florida strategist Abdelilah Skhir told Florida Politics last month. “The vague and overbroad language could easily be weaponized against everyday Floridians engaged in First Amendment protected activity.”
State Rep. Danny Alvarez (R–Riverview), who filed the bill on December 30, does not understand what all the fuss is about. He says he is simply trying to combat threats such as “drug cartels,” “terrorist organizations,” and foreign “intelligence entities.” Last week, the Florida Phoenix reported that “Alvarez said it’s only been in the past week that he’s become aware of First Amendment concerns.”
Alvarez’s bill, H.B. 945, would create a Statewide Counterintelligence and Counterterrorism Unit within the Florida Department of Law Enforcement, consisting of “at least seven” 10-member teams. The unit would be charged with “identify[ing] threats by analyzing patterns of life, gathering actionable intelligence, and formulating effective plans of action, and by executing arrests or by revealing its intent to compel a response using all counterintelligence and counterterrorism tradecraft necessary to protect the state from adversary intelligence entities.”
What is an “adversary intelligence entity”? The bill’s definition goes far beyond spies employed by foreign governments. It says the term “includes, but is not limited to, any national, foreign, multinational, friendly, competitor, opponent, adversary, or recognized enemy government or nongovernmental organization, company, business, corporation, consortium, group, agency, cell, terrorist, insurgent, guerrilla entity, or person whose demonstrated actions, views, or opinions are a threat or are inimical to the interests of this state and the United States of America.”
On its face, the bill would empower the Statewide Counterintelligence and Counterterrorism Unit to investigate organizations and individuals based on the “views” or “opinions” they express. Alvarez insists that is not his intent. But by his own account, he did not recognize the obvious First Amendment implications of that broad mandate until a month and a half after he introduced the bill.
When some of his colleagues alerted him to those civil liberties concerns, Alvarez promised to address them. “We are very, very aware of the questions regarding [the] First Amendment,” he told Florida Politics last week. “We’re going to address that in an amendment that comes to the next committee.” He told reporters he was willing to excise the language referring to any “person whose demonstrated actions, views, or opinions are a threat or are inimical to the interests of this state and the United States of America.”
So far, however, the original version of the bill is the only one listed on the Florida Legislature’s website. And despite his avowed willingness to amend the bill, Alvarez does not seem to think it is actually necessary to do so.
Hellbound and Down 
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