A Holiday Season Like No Other
As the holidays approach, we find ourselves fighting terrorism,
protecting freedom, and giving thanks.
by Gerry
Mowris
AS WE APPROACH THE HOLIDAYS, THE IMPACT OF SEPT. 11 weighs
heavily on our minds and hearts. As a nation, we pray for those who are
fighting, remember the victims, and comfort those left behind. We have
found solace in spiritual worship, comfort in family, and peace in
giving.
In the midst of the emotion, many of us are struggling to make sense
of another dilemma: balancing civil liberties and public protection. As
we watch the War on Terrorism unfold, we are dismayed by the substantial
restrictions on our civil liberties. At the same time, we want our
government to stop the terrorists before they strike again. Balancing
civil liberties with public protection is very difficult and has been
the subject of much public debate and scrutiny. Even some academics who
usually balk at any restrictions on civil liberties are now more willing
to compromise in the face of serious threats on America. And those who
would have howled at a personal search before Sept. 11 now are willing
to have luggage and vehicles searched to protect public places, to enter
Disney World, to approach an airport, as well as to board an
airplane.
As Lawrence Tribe, a Harvard law professor, stated, "Civil liberties
is not only about protecting us from government, it is also about
protecting our lives from terrorism." The danger is going so far in the
name of the War on Terrorism that we lose the freedoms that our country
has worked so hard to secure and even harder to guard. Once freedoms are
compromised, they can be lost. The path back will be long and hard.
This dilemma is not unique to our times. The Bush Administration is
not breaking new ground in detaining 1,000-plus people for further
investigation. The Administration is merely updating government policies
that can be found in many past war times and even in some past internal
crises. Those who study history know that Civil Libertarian presidents
such as Lincoln and Jefferson took similar actions in times of national
emergency. Is it necessary, however, to go so far as to intercept
attorney-client conversations in the name of national security? How far
is too far? As lawyers, we are uniquely positioned to participate in
this debate and to use our advocacy skills to make sure we have
protected the integrity of the Bill of Rights when the last terrorist is
eliminated. If we let well-intentioned legislators pass PATRIOT laws
without debate or thought about the consequences, we are likely to
regret it.
We should bear in mind that asserting rights on behalf of clients and
questioning governmental overreaching is not unpatriotic. It is our
duty. If we don't speak up, who will?
Elsewhere in this issue you will read Military
Lawyers: A Sense of Duty. The article showcases a few of the
Wisconsin-licensed lawyers who blend civilian and military obligations.
We might stop to thank them and every lawyer who helps to defend our
country and Constitution.
I wish all our members a safe and happy holiday season.
Wisconsin Lawyer
