There are always perilous times in a democracy, and too many willing to surrender

Every generation believes it lives in a time like no other, refusing to learn from the mistakes of the past.

As a constant student of the principles of the First Amendment, I keep nearby a copy of Geoffrey Stone’s book “Perilous Times: Free Speech in Wartime: From the Sedition Act of 1798 to the War on Terrorism.”

It is a reminder that we must be ever vigilant about protecting the founding principles, because well-meaning people, including ourselves, can squander them, especially in times of war and conflict.

Dissenters have been jailed, foreigners sent to internment camps, protesters have been attacked, intimidated and investigated.

One of the things I have to keep reminding even myself, especially in the role of journalist constantly fighting bureaucrats for information, is that our Government, with a capital G, is not some nebulous external entity, but it is me, and you. We, collectively, are the determiners of its deeds and roles. As such, we must keep ourselves informed.

And that aspect of our perilous times is at the forefront now. We cannot support or oppose a thing if we are kept uninformed, whether it is a health care reform bill no one has read or a global warming debate we are told is settled or the conduct of our agents in interrogating enemies.

Since 2003 the ACLU has been fighting under the Freedom of Information Act for access to photographs showing the treatment of Afghan and Iraqi prisoners. Both the Bush and Obama administrations have refused to release them, arguing their release might inflame our enemies. How they could be any more inflamed is hard to image.

There is a case pending with the Supreme Court, but the Congress has before it a bill that would exempt such material from being subject to FOIA disclosure. An L.A. Times editorial today outlines some cogent arguments against this legislation.

If we, as the ones who hold the reins for our democracy, are to knowledgeably govern we must to be shown all the information our so-called leaders have. How can we judge their actions otherwise.

This is not a popular stance. I dare say if put to a vote 80 percent would call for keeping the photos secret. Too many don’t want to know. Too many are willing to let their betters make the tough decisions. That is a perilous path.

I met Geoffrey Stone, a professor at the University of Chicago Law School, when he lectured at UNLV and got him to sign my copy of his book. I recently found an hour-long 2004 interview with him posted on YouTube. In book, lecture and interview, he makes this point clear.

Stone concludes his book with this warning:

“To strike the right balance, this nation needs political leaders who know right from wrong; federal judges who will stand fast against the furies of their age; members of the bar and the academy who will help Americans see themselves clearly; a thoughtful and responsible press; informed and tolerant citizens who will value not only their own liberties, but the liberties of others; and justices of the Supreme Court with the wisdom to know excess when they see it and the courage to preserve liberty when it is imperiled. And, so, we shall see.”

An the end of the online interview Stone notes:

“The culture that makes democracy succeed is a very complicated one. It requires intellectual independence. It requires skepticism about government officials. It requires tolerance, the willingness to lose and not take up arms and fight over it. And that’s something that needs to be constantly reaffirmed in every generation. And Americans should understand that they can’t be passive about their liberties, that if they are passive about their liberties, they will ultimately lose them.”

You can surrender them meekly or go down fighting.

The interview is long. I recommend taking it in short bites or streaming it in the background while working on other things.