Due to public health concerns, CONTESTED CASE HEARINGS scheduled for the weeks of March 16 and March 23 are POSTPONED. The regular meeting of the FOI Commission scheduled for March 25, 2020, is CANCELED.

2003 First Prize Essay Winner!
Emily Lemiska
     Since the tragedy of September 11th, civil rights and freedoms have been drastically reduced, supposedly to preserve national security in an effort known as the "war on terrorism."  In reality, the only war that has been waged is one against American ideals, ideals on which America was founded. When they are taken away, there is nothing left to defend and no nation whose security must be preserved.
     The conduct of the war on terrorism has created an incredible conflict with the right to freedom of speech and freedom of press as stated by the first Amendment.   After September 11th, the USA PATRIOT Act and the Homeland Security Act were passed. Their broad definitions of terrorism and unnecessary. provisions to prevent it have negatively affected the daily lives of many innocent Americans, undermining their right to freedom of speech.  Barry Reingold, age sixty, was investigated by federal agents in San Francisco after saying "Bush has nothing to be proud of. He is a servant of the big oil companies and his only interest in the Middle East is oil." Donna Huanca was investigated for "anti-American activity" over her involvement in a Houston art gallery's exhibition on covert government activities.
     Steps taken in the war on terrorism have also breached the previously guaranteed freedom of press. Tom Gutting, a journalist for the Texas City Sun wrote a column criticizing President Bush's handling of the current crisis.  He was fired four days later.  Bill Maher's late-night television show "Politically. Incorrect," was cancelled after he questioned whether it was accurate to label the suicide hijackers as "cowards."
     These are only small examples of when provisions of the Homeland Security and the Patriot Act senselessly. extend to those exercising freedom of speech and press. These acts seem to ignore that democracy is based on the voice of the people, whether or not that voice disagrees with the government. The United States was founded on the ability to criticize the government when it broke from England to gain independence. It should not deny its citizens the same right.
     In the post-September 11th America there has been a clash between the need for security and the public's right to be informed, a right given to them in the Freedom of Information Act. Secrecy is incompatible with democracy. Without the supervision of the American people and the media, the government has no need or obligation to remain just. Recently, hundreds of Muslim and Middle Eastern men have been detained on minor immigrant charges for which no other ethnicity was. The Immigration and Naturalization Service refused to release their names and details of their detainment. Some had been held for as many as 119 days without being told why. Almost all were poorly treated. Such discriminatory imprisonment is completely contradictory in any country claiming itself to be a democracy. A democratic government must be an open one to prevent situations like this.
     This war on terrorism may prove to be one of the most difficult wars the United States will ever undertake. Terrorism is not easily defeated. A terrorist can be anyone, anywhere; the lengths to which they are willing to go to destroy American lives and the American way of life are immeasurable. However, when the values and freedoms of American democracy are compromised, terrorism has won without lifting a hand. Terrorists are victorious in their campaign to ruin this country when civil rights such as the freedom of speech and press are undermined, for it is in the face of fear that the United States must adhere to the ideals it was founded upon the most.
2003 Second Prize Essay Winner!
Nicole Golden
     As we try to maintain normalcy, even though terrorist threats increase around the country, people have begun to ask not only what harm terrorists may yet inflict, but also what damage will be self-inflicted in response to this threat. Individual liberties have historically been vulnerable in times of crisis. Already, national security concerns are cited to justify expanded government power to detain immigrants, monitor electronic communications, invade on-line privacy, control news coverage, and restrain dispute.
     White House press secretary Ari Fleischer's warning to all Americans to "watch what they say," may have been deleted from the official transcript, but nevertheless spoke volumes. It seems as though overnight, dissent became unpatriotic and humor inappropriate. According to the New York Times, National Security Advisor Condoleezza Rice urged network executives to review statements by Osama bin Laden for "inflammatory language or potential hidden messages," even though his statements would be available from other news sources. Secretary of State Colin Powell asked the Emir of Qatar to exercise control over Al-Jazeera, a satellite channel, claiming that it is "inciting anti-Americanism" by showing U.S. bombardments and bin Laden statements. The Pentagon is keeping reporters away from military action, and selects the news that they consider fit to print.
     Elsewhere in the government a chill is apparent as well. California Representative Barbara Lee, who voted against congressional authorization for retaliatory military action, now needs security guards for protection, and Congressman Joe McDermott of Washington has come under fire for urging caution in responding with military force.
     Professors, students, reporters and media figures have also come under attack for responding to the crisis in the American way: by questioning, analyzing, debating, and expressing opinions. The Texas City Sun dismissed a columnist for an article headlined "Bush has failed to lead U.S.," and a journalist was fired by the Daily Courier in Oregon for writing that it was an "embarrassment" that President Bush hid "in a Nebraska hole" while the Administration misinformed the public about threats to Air Force One. Professors in Florida and New Mexico have been placed on or taken leave, ostensibly for their own safety, after expressing unpopular political views.
     The arts and entertainment have suffered as well. The cartoon, The Boondocks, by Aaron McGruder, was pulled from papers around the country for saying that the C.I.A. helped train Afghan rebels like bin Laden, and suggesting that the US has funded the Taliban. The Baltimore Museum of Art removed a piece of art because it contained the word "terrorist," and replaced it only after including an explanation of the artist's motivation. Even reading is questioned: one man was prevented from boarding a flight because the jacket cover of a book he was reading depicted dynamite!

     So what is to be said of this horrific invasion on the (guaranteed) rights of American citizens? We, as a nation, need to bond together and let politicians know they can't take our rights away without a fight. Especially the youth of America- being the future of our country, it is essential that we preserve the rights and privileges that our forefathers so courageously fought and gave their lives for. Whether in a time of war or during peacetime, our rights should never be jeopardized. Censorship in wartime to protect the safety and security of military troops and strategic information is understandable, but government attempts to quiet the press and control public opinion chip away at the very rights we are fighting to preserve. Liberties lost can become hard to restore.
2003 Third Prize Essay Winner!
Adam Pouilliard
     The Bill of Rights protects citizens from cruel and unusual punishment, assures freedom of religion and most importantly guarantees people the right to freedom of speech. The events of September 11th and the ensuing war on terrorism have dramatically altered society's conceptions of the rights and responsibilities of Americans. After that day Osama Bin Laden became a figurehead for evil and President Bush's approval rating shot up to the nineties. How could this have happened to us? We're America. All we knew was that we could no longer naively assume our security. However, this shared fear fused our nation and allowed us, through unity, to find hope.
     The problem was that no one could feel comfortable saying anything negative about American actions or President Bush anymore. For example, it was not a big deal that instead of taking the terrorists into America and putting them on trial here, they were taken to Guantanamo Bay and tactics, that we would be considered cruel and unusual, were used to obtain information. If anyone did muster up the courage to object, or even point out the other side, they would be ostracized and be called unpatriotic or un-American. I don't see how exercising your constitutionally protected right to freedom of speech is un-American, yet people are accused of being so every day now. Our rights are in jeopardy because of this war. Does that mean it should not be waged? Not necessarily, but it does mean is that we cannot be so overwhelmingly chauvinistic that we avoid introspection.
     The main two subjects are strategic military plans and the opinions of people that are contrary to those in power. It would be absurd to give away the motions of our troops before they are made. To put the people who are defending our nation's freedoms and principles further into harm's way than is necessary would be insane. I guarantee that there are very few people who would want that, and thus it is not done.  Movements of the troops are classified and do not need to be divulged before they are made. On the other hand, silencing and picking apart those who differ with the normal point of view is what is truly "un-American." When we launch our war against terrorism, which seems to be all but unstoppable now, we cannot simply silence those who disagree with us. That is where the real danger lies, because if that happens then we lose our identity as a country. I know it's a cliche, but if we are to lose that part of our culture "the terrorists win." When President Bush said that he wanted us to live our lives as normally as possible, he wanted us to keep our spirit and our resolve, but moreover he did not want America to be further crippled. That is what will happen if the Paul Begalas and Michael Moores of the world are silenced, we no longer have the other side of the argument and become a country that we are not.
     America has always tried to be a beacon of hope for the rest of the world, we try to be the guiding light leading countries to what they want to become. What we need to remember is that while we are fighting for American values overseas, another battle is raging at home, though this one has no guns, its outcome is just as critical. We cannot be so busy protecting American freedoms abroad that we lose them at home.