What is it: A bill that calls for the establishment of a national commission on the prevention of violent radicalization and ideologically based violence, a center of excellence for the study of violent radicalization and gomegrown terrorism in the United States,preventing violent radicalization and homegrown terrorism through international cooperative efforts,and protecting civil rights and civil liberties while preventing ideologically based violence and homegrown terrorism.
When did it become law?: Passed on Oct. 23, 2007 in the House of Representatives by roll call vote. The vote was held under a suspension of the rules to cut debate short and pass the bill, needing a two-thirds majority. The totals were 404 Ayes, 6 Nays, 22 Present/Not Voting.
What does it cost: CBO estimates that implementing H.R. 1955 would cost $22 million over the 2008-2012 period, assuming appropriation of the necessary amounts.
Is it intended to violate civil rights?: Not on the face. The bill states in SEC. 899F.
`(a) In General- The Department of Homeland Security's efforts to prevent ideologically based violence and homegrown terrorism as described herein shall not violate the constitutional rights, civil rights, or civil liberties of United States citizens or lawful permanent residents.
`(b) Commitment to Racial Neutrality- The Secretary shall ensure that the activities and operations of the entities created by this subtitle are in compliance with the Department of Homeland Security's commitment to racial neutrality.
`(c) Auditing Mechanism- The Civil Rights and Civil Liberties Officer of the Department of Homeland Security shall develop and implement an auditing mechanism to ensure that compliance with this subtitle does not violate the constitutional rights, civil rights, or civil liberties of any racial, ethnic, or religious group, and shall include the results of audits under such mechanism in its annual report to Congress required under section 705.'.
Why are people freaking out?: The elements that are troubling to some are the definition of homegrown terrorism: The term `homegrown terrorism' means the use, planned use, or threatened use, of force or violence by a group or individual born, raised, or based and operating primarily within the United States or any possession of the United States to intimidate or coerce the United States government, the civilian population of the United States, or any segment thereof, in furtherance of political or social objectives.
The argument is that the word "force" has many meanings including "one possessing or exercising power or influence or authority." This, for some, leads to the conclusion that people who protest may be arrested as "homegrown terrorists" if their actions lead to perceived or actual unrest.
“If you understand what his bill does, it really sets the stage for further criminalization of protest,” Dennis Kucinich, one of the six dissenters of the bill, said back in November. “This is the way our democracy little, by little, by little, is being stripped away from us. This bill, I believe, is a clear violation of the first amendment.”
Kucinich referred to the bill as the “thought crime bill,” when he explained in a joking fashion that, “We have freedom of speech. Thoughts, sometimes, proceed speech. There is usually a unity in thought, word and deed.”
Noam Biale, a policy analyst and campaign organizer for the ACLU said "The ACLU continues to have serious concerns regarding the Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 (H.R. 1955). The framework established by the measure will unavoidably make the focus of the commission the bill creates more likely to lead to unconstitutional restrictions on speech and belief – in addition to more appropriate restrictions on actions. Experience has demonstrated that the results of such a study will likely be used to recommend the use of racial, ethnic and religious profiling, in the event of a terrorist attack. We believe this approach to be counter-productive, and it will only heighten, rather than decrease, the spread of radicalization."
What can I do?: Assuming that the courts aren't involved already, contacting your Congressional representatives with your concerns is a good start. Contributing tro the ACLU is good too.
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