Decision of the Day – November 26th, 2007:
In an interesting civil liberties decision, the Second Circuit has upheld a Homeland Security decision to treat citizens as suspected terrorists based solely on their attendance at a religious conference.
Over the Christmas holiday last year, more than 13,000 Muslims from across North America traveled to the Reviving the Islamic Spirit conference in Toronto Canada. The three-day conference involved “religious and cultural activities, musical performances, a series of prominent Islamic speakers, and communal prayer three times a day.”
Based on this intelligence, the CBP decided to use enhanced screening measures for individuals who crossed the border to attend the RIS. As a result, the plaintiffs – all Muslim citizens with no criminal record or individual connection to terrorism – each spent four to six hours being detained, questioned, fingerprinted, and photographed on their way back from the RIS conference.
Judge Straub writes,
“While plaintiffs were undoubtedly made uncomfortable and angry by the searches, and they may understandably have felt stigmatized, their personal privacy was not invaded in the same way as it would have been had they been subject to a body cavity or strip search, or involuntary x-ray.”
Accordingly, the Court sees no Fourth Amendment problem with the border detentions and searches.
As in past civilizations which declined into special elitist dictatorships, the complicity of judges and all other components of legal checks and balances – is required.
Never any shortage of volunteers for the cause.
What kind of number is 13,0000? Is that supposed to be 13,000 or 130,000?
If I went I’d give the name of someone I didn’t like. Or maybe even of someone in office. It’s the new Megan’s Law. Which is a joke also.
Ah, Canada, land of the free, but not of the Braves, nor Expos.
“Accordingly, the Court sees no Fourth Amendment problem with the border detentions and searches.”
If I understand correctly the Fourth Amendment doesn’t apply to the borders. Border Guards have all kind of power that regular police don’t. I’d have to go look it up but this is Constitutional. The border is one place you don’t want to mess with the Offices/Police/Guards or what ever there called. Because they can do all this stuff and more with no probably cause. This just apply to people and stuff crossing the border.
So, you figure Canadian authorities have to obey the United States Constitution?
When will people get it into their head that the evil philosophical seed of modern terrorism isn’t simply religion… it’s conservatism.
Specifically, it’s religion hijacked by conservatism.
It’s isn’t just the Muslims… conservative Jews, Hindus and Christians are militants, either philosophically or actively.
So, if the government is going to profile — they need to target conservatives. Especially religious conservatives.
Targeting a liberal Muslim is just a pure waste of resources.
Do some research before jumping to conclusions… As reported by some Muslim attendees there are two faces of the conference. One for “greater public” in which indeed some effort is made to help Muslims live better and integrate in the North American societies (but even on that side there are speakers calling for Sharia law for Muslims living here and intolerance of many kinds)and the other is the ugly underbelly including the dissemination of anti-Jewish,anti-Christian and anti-Western material (“Organizers of Reviving the Islamic Spirit say they don’t vet the material that is sold at their conference.”) fund raising for such entities as Hezbollah and Hamas and similar activities…
Knowing that, I see justification for the govt. action as described.
#6, Phillep,
If Canadian authorities are on American soil I hope they would obey the American Constitution.
In case you don’t understand what happened here, AMERICAN CITIZENS attended a religious gathering in Toronto. When they returned to the United States they were profiled and singled out for special treatment. Most were held for several hours and subjected to extreme identity checks usually only done to someone under arrest.
The reason given for the profiling was because they were of a specific religious group. Not because they attended a terrorist conference. Not because they were seen taking terrorist training. Not because they were listening to subversive or extremist politicians. Not because they were suspected of having committed any crime(s). Not because they had any contraband. Not because they were carrying large amounts of cash. They were profiled because of their religion.
While I think anyone following a religion is already being stupid, being stupid should not be sufficient to profile any group for special government attention. Unless they are all carrying guns.
There’s a big “if” there. “If the Canadian cops were on ‘American’ (US, actually) soil”. Border guards are very wary of leaving their jurisdiction. Messing with someone on foreign soil is a good way to cause an international incident. They don’t do that. (Drug running on the Southern US border excepted.)
Next: So what if the Moslems were “Americans”? Are you demanding special treatment of US citizens in foreign countries? Because they are US citizens? or because they are Moslems?
#7…GregAllen…..bullshit.
All of the religions you named actually have Conservative and Liberal wings….except for Islam. Islam is a totally conservative religion, and as such is militant. There are no liberal Muslims, and I’m beginning to believe that there are no moderate Muslims either.
But conservatives are not any more militant than any other political persuasion (liberal, moderate, radical left or right etc.) If you’re a liberal, that’s fine, but I get tired of the lefts constant braying about *bad conservatives*….. people who really do believe in equality, independence of mind and action, and that are educated understand that there are good and bad in ALL groups made up of humans (it seems to be a trait of humans to be all things…. weird that huh?)