If you take liberties for granted, you’ll lose them

Every generation believes it lives in a time like no other.

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 can squander them, especially in times of war and conflict.

With a potential war with France looming, dissenters were jailed under the Alien and Sedition Acts of 1798. During the Civil War, President Lincoln suspended habeas corpus and Copperhead editors were imprisoned. During World War I, people were hauled off to jail for distributing leaflets arguing that the draft violated the 13th Amendment prohibition against involuntary servitude. During World War II, Japanese citizens were interned. Then there was blacklisting and now the Patriot Act.

One of the things I have to keep reminding myself -- especially in my role of journalist, constantly fighting bureaucrats for information -- is that our capital G Government is not some nebulous external entity. It is me and you. We, collectively, dictate what our government can and should do. As such, we must keep ourselves informed about what it is doing.

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

Since 2003, the American Civil Liberties Union has been suing 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 imagine.)

The Obama administration, sworn to be the most transparent in the history of the universe, reversed itself and appealed the case to the U.S. Supreme Court. This past week, Congress passed and sent to the president a bill exempting such material from being subject to disclosure under the Freedom of Information Act. The court delayed hearing arguments because the legislation, if signed by the president, would make the case moot.

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, otherwise, can we judge their actions?

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 simply 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 (http://tinyurl.com/yfbwqhz). 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 fight.

Thomas Mitchell is editor of the Review-Journal and writes about the role of the press, free speech and access to public records. He may be contacted at 383-0261 or via e-mail at tmitchell@reviewjournal.com. Read his blog at lvrj.com/blogs/mitchell.