Home » About » Newsletters » January 2002
"ACLU Lobbies Florida Lawmakers to Protect Civil Liberties in Aftermath
of September 11 Attacks"
By Larry Helm Spalding
ACLU Legislative Staff Counsel
Thanksgiving Day traditionally marks the beginning of the winter holiday season in America. Soon thereafter in 2001 many Floridians began displaying their Christmas decorations in preparation for Santa's arrival on December 25. Christians began Advent by trimming the tree and assembling the creche. Muslims prepared to celebrate Ramadan. Menorahs were brought forth to be lighted each night during Hanukkah. In Tallahassee, at the state Capitol, however, there was little time for holiday celebrations.
On November 27, the Florida Legislature convened for its second ten-day special session to address the $1.3 billion shortfall in current fiscal year revenues. The first effort in October ended in total failure.
The Florida Constitution prohibits deficit spending which necessitated the calls for the special sessions by Governor Jeb Bush. Also, on the agenda for the second special session was legislation to address terrorism. Thirteen bills were considered by the members of both houses. Eleven were enrolled and later signed into law on December 10.
Governor Bush hailed the eleven bills as necessary tools for law enforcement. The measures included broadening authorities' wiretapping ability, establishing regional task forces to respond to terrorism and creating a database to track suspected terrorists and other measures creating new exemptions to the open records law.
The two most controversial bills, however, never made it to the floor for a vote by the full legislature. This was, significantly, the result of lobbying efforts by the American Civil Liberties Union and the First Amendment Foundation who stood virtually alone in opposition to the terrorism bills.
One measure would have allowed documents now available to the public, from driver's licenses to real estate records, to be closed for a period of time at the request of the Florida Department of Law Enforcement. The other measure would have let FDLE take people into custody without charging them with a crime if authorities believed they had information concerning terrorism. Both proposals will be revived when lawmakers gather in Tallahassee for their annual 60day session which convenes on January 22.
FDLE considers the legislation to limit information critical to its efforts to address terrorism. This will be the primary law enforcement bill when the Regular Session convenes. ACLU and the First Amendment Foundation will again oppose the legislation.
The fact that FDLE is pushing hard to limit information that has no real bearing on national security or military operations defies reason. When the free flow of information is unnecessarily restricted, our safety is put at more risk, not less.
When members of the Florida Legislature gave FDLE broader authority in the Special Session to monitor electronic and telephone communications, they chilled the speech of ordinary citizens. When FDLE wants more secrecy and less scrutiny, they seek to silence informed public discourse. When we censor ourselves in the name of being patriotic Americans, we forsake the freedoms that make us unique, as well as secure.
On the question of expanded arrestand-detain authority, ACLU takes the position that it has not worked in the past and could lead to abuses of civil liberties as it did during the era of former Attorney General John Mitchell. American history demonstrates that unbridled power in a time of national crisis leads to abuses and to abridgement of our civil liberties.
As civil libertarians, we can support many, though certainly not all, of the expanded powers sought by the president and the governor on behalf of law enforcement. However, we will not meekly endorse every new proposal because it comes wrapped in the flag. We will require a demonstration that the bill is necessary to fight terrorism and that it is crafted to minimize the impact on our civil liberties.
Sadly, civil liberties advocates, both in the Congress and in the Florida Legislature, have had their patriotism questioned for opposing some of the terrorism bills. More insidious, though, is the suggestion by Attorney General John Ashcroft and others that those who fight for protection of civil liberties somehow are aiding and abetting terrorists.
Throughout America, people are struggling to reconcile their strong commitment to personal freedom with the changes wrought by the tragedies of September 11. Unlike those who demand unity of thought and purpose, however, the ACLU believes that grappling with these difficult questions openly and honestly can make us both safe and free in this time of crisis.
