Interesting People mailing list archives
IP: Re: Interview of Nancy Oden by Declan McCullagh
From: David Farber <dave () farber net>
Date: Sun, 04 Nov 2001 12:02:40 -0500
From: "Jonathan S. Shapiro" <shap () eros-os org> To: <farber () cis upenn edu>, <ip-sub-1 () majordomo pobox com> Subject: Re: Interview of Nancy Oden by Declan McCullagh Date: Sun, 4 Nov 2001 11:47:33 -0500 Indeed, perhaps we should put things in perspective. While the Greens themselves are decidedly non-violent, there have on occasion been *members* of the Green Party who are more radical. Since we, as a nation, have already allowed our lawmakers to give up the notion of "presumed innocent" or even "reasonable oversight" where terrorism is concerned, it is only to be exected that the Greens should come under scrutiny while law enforcement decides who it wishes to harass in the guise of antiterrorism. Even if you can stomache that, several questions need to be asked: 1. What damned fool placed the name of the head of a recognized U.S. political party on a list of people to be searched? 2. Who has authority over this "recommended search" list, and what is its oversight? McCarthy had a list too. If such a list is permitted to exist at all, it *must* be subject to public scrutiny and due process. 3. Once Nancy Oden was searched, and it was determined that there was nothing dangerous in her luggage or on her person, on what legal basis was her travel denied by the National Guard? Even if she was surly to the national guardsman (which I doubt - she is too smart for that), this is not a lawful justification for restricting her right to free and unimpeded travel within the continental United States. Such travel is constitutionally protected. In suggesting without cause that she not be allowed to board, the National Guardsman committed a federal crime. 4. On what grounds did the airline refuse her travel? Clearly there was no cause here, and I would like to understand the basis on which the airline was free to violate its contract with her for a ticket? Further, on what legal basis can the airline prohibit her from flying in the future with no cause having been demonstrated? Keep in mind that the airlines have been repeatedly underwritten with Federal funds. This is *not* a case of a private institution refusing to serve an individual. Even if it were, there are very specific conditions that must be met before a public business can refuse service to a customer, and these do not appear to have been met in this situation. 5. Finally, it appears that the airline helpfully called all the other airlines to blacklist her. This constitutes conspiracy to prevent lawfully protected travel, not to mention conspiracy to prevent her from exercising her constitutionally protected right of lawful assembly at the meeting in Chicago. It also, of course, is libelous defamation of character. I strongly urge the Greens to pursue this matter on both civil and criminal grounds. It may be that you do not care for the Greens. I certainly do not always agree with them. But if you stand by and allow your government to harass, detain, impede, an violate the constitutional rights of one political party leader, where will it stop? Dissent is a vital part of our culture, values, and system of government. If it dies, America dies with it. Respectfully, Jonathan S. Shapiro Assistant Professor, Department of Computer Science Johns Hopkins University
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