Constitutional rights trump terror fears

This entry was published at least two years ago (originally posted on October 17, 2004). Since that time the information may have become outdated or my beliefs may have changed (in general, assume a more open and liberal current viewpoint). A fuller disclaimer is available.

Finally, some good news — for once, a court has upheld our Constitutional rights over the current wave of paranoia over terrorism.

Fears of a terrorist attack are not sufficient reason for authorities to search people at a protest, a federal appeals court has ruled, saying September 11, 2001, “cannot be the day liberty perished.”

A three-judge panel of the 11th Circuit Court of Appeals ruled unanimously Friday that protesters may not be required to pass through metal detectors when they gather next month for a rally against a U.S. training academy for Latin American soldiers.

Authorities began using the metal detectors at the annual School of the Americas protest after the terrorist attacks, but the court found that practice to be unconstitutional.

“We cannot simply suspend or restrict civil liberties until the War of Terror is over, because the War on Terror is unlikely ever to be truly over,” Judge Gerald Tjoflat wrote for the three-member court. “September 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country.”

(via Boing Boing)