














          Bill of Rights Status Report






          Eric Postpischil

          6 Hamlett Drive, Apt. 17, Nashua, NH 03062

          edp@jareth.enet.dec.com



          6 October 1990



          Permission is granted to copy this article and to convert it as
          needed for copying and/or transmission in other forms of media,
          including radio, television, computer mail, and print.

          I would like to thank the numerous people who enter reports on
          Usenet and the dozens who provided me with information. Without
          their efforts, I would not have had the volume of information
          that made this article possible.

 






          






































          ii

 


                                              Bill of Rights Status Report



                                    Introduction

          How many rights do you have? You should check, because it might
          not be as many today as it was a few years ago, or even a few
          months ago. Some people are not concerned that police will
          execute a search warrant without knocking or that they set up
          roadblocks to stop and interrogate innocent citizens. They do
          not regard these as great infringements on their rights. But
          when you put current events together, there is information that
          may be surprising to people who have not yet been concerned: The
          amount of the Bill of Rights that is under attack is alarming.

          15 December 1991 will be the two-hundredth anniversary of the
          ratification of the Bill of Rights. How has it stood up over two
          hundred years? Let's take a look at the Bill of Rights and see
          which aspects are being pushed on or threatened. The point here
          is not the degree of each attack or its rightness or wrongness,
          but the sheer number of rights that are under attack.

                                     Amendment I

             Congress shall make no law respecting an establishment of re-
             ligion, or prohibiting the free exercise thereof; or abridg-
             ing the freedom of speech, or of the press; or the right
             of the people peaceably to assemble, and to petition the
             Government for a redress of grievances.

          Establishing religion: While campaigning for his first term,
          George Bush said "I don't know that atheists should be consid-
          ered as citizens, nor should they be considered patriots."[1]
          Bush has not retracted, commented on, or clarified this state-
          ment, in spite of requests to do so. According to Bush, this
          is one nation under God. And apparently if you are not within
          Bush's religious beliefs, you are not a citizen. Federal, state,
          and local governments promote a particular religion (or, occa-
          sionally, religions) by spending public money on religious dis-
          plays. Governments also establish religion via blue laws, which
          ___________________

        [1] "Bush on Atheism," Free Inquiry 8, no.  4 (Fall 1988):  16.

                                                                         1

 


          Bill of Rights Status Report



          set Sunday as a special day on which business is prohibited or
          limited.

          Free exercise of religion: Robert Newmeyer and Glenn Braunstein
          were jailed in 1988 for refusing to stand in respect for a
          judge.[2] Braunstein says the tradition of rising in court
          started decades ago when judges entered carrying Bibles. Since
          judges no longer carry Bibles, Braunstein says there is no
          reason to stand - and his Bible tells him to honor no other
          God. For this religious practice, Newmeyer and Braunstein were
          jailed and are now suing.

          Free exercise of religion: On 17 April 1990, the Supreme Court
          ruled that Native Americans do not have a Constitutional right
          to use peyote during their religious ceremonies. Peyote is a
          mild hallucinogen derived from cactus plants. It is also, to
          members of the Native American Church, an essential sacrament,
          the physical embodiment of the Great Spirit. During the Prohibi-
          tion, the Federal government permitted the Roman Catholic Church
          to use sacramental wine at masses, but Native Americans are not
          receiving equal treatment now. In the majority opinion, Justice
          Antonin Scalia admitted the decision would place minority reli-
          gious practices at a disadvantage. The Supreme Court decision
          is so generally opposed that three weeks after the decision,
          a petition for rehearing was filed jointly by American Jewish
          Congress, Baptist Joint Committee on Public Affairs, National
          Council of Churches, National Association of Evangelicals, Peo-
          ple for the American Way, Presbyterian Church USA, American
          Civil Liberties Union, Christian Legal Society, American Jewish
          Committee, Unitarian-Universalist Association, General Confer-
          ence of the Seventh-Day Adventist Church, Worldwide Church of




          ___________________
        [2] Steve Green, "Courtroom Respect Case Goes to Trial," United

            Press International (UPI), circa 9 August 1990.

          2

 


                                              Bill of Rights Status Report



          God, Missouri Synod of Lutheran Church, and Americans United for
          Separation of Church and State.[3][,][4]

          Free speech: Technology has given the government an excuse to
          interfere with free speech. Claiming that radio frequencies are
          a limited resource, the government tells broadcasters what to
          say (such as news and public and local service programming) and
          what not to say. This includes prohibitions on obscenity, as
          defined by the Federal Communications Commission (FCC). The FCC
          is investigating Boston PBS station WGBH-TV for broadcasting
          photographs from the Mapplethorpe exhibit. Also, a broadcaster
          that supported legalization of drugs would be in danger of
          violating FCC rules.

          Free speech: There are also laws to limit political statements
          and contributions to political activities. In 1985, the Michi-
          gan Chamber of Commerce wanted to take out an advertisement
          supporting a candidate in the state house of representatives.
          But a 1976 Michigan law prohibits a corporation from using its
          general treasury funds to make independent expenditures in a
          political campaign. In March 1990, the Supreme Court upheld that
          law. According to dissenting Justice Anthony Kennedy, it is now
          a felony in Michigan for the Sierra Club, the American Civil
          Liberties Union, or the Chamber of Commerce to advise the pub-
          lic how a candidate voted on issues of urgent concern to their
          members.[5]




          ___________________
        [3] Rob Boston, "The Day 'Sherbert' Melted," Church and State 43,

            no.  6 (June 1990):  4-6.
        [4] Steve Moore, "Supreme Court Deals Devastating Blow to Native Amer-

            ican Church," Native American Rights Fund Legal Review (Spring 1990).
        [5] Michael Gartner, "If Corporations Are Silenced in Political
            Debate, Who's Next?", Wall Street Journal, 5 April 1990, sec.

            A, 19.

                                                                         3

 


          Bill of Rights Status Report



          Free press: In an apparently unprecedented order, New York
          Supreme Court Justice Michael J. Dontzin issued an order for
          prior restraint against the publication of a book by a former
          member of Mossad, an Israeli intelligence service. Further,
          Dontzin issued this order with only scant information about the
          alleged menace represented by the book. The justice made the
          ruling based upon lawyers' descriptions of material in a sealed
          affidavit in Ontario, Canada - material the justice had not
          seen.[6]

          Free press: The equipment Craig Neidorf used to publish Phrack,
          a worldwide electronic magazine about phones and hacking, was
          confiscated after Neidorf published a three-page document copied
          from a Bell South computer and entitled "A Bell South Standard
          Practice (BSP) 660-225-104SV Control Office Administration of
          Enhanced 911 Services for Special Services and Major Account
          Centers, March, 1988."[7] All of the information in this doc-
          ument was publicly available in other documents and could be
          ordered by calling a toll-free 800 number.[8] The government has
          not alleged that Neidorf was involved with or participated in
          the copying of the document, only that he published it.[9] The
          person who copied this document from telephone company comput-
          ers also placed a copy on a bulletin board run by Rich Andrews.
          Andrews notified AT&T officials and cooperated with author-
          ities fully. In return, the Secret Service (SS) confiscated
          Andrews' computer along with all the mail and data that were on
          it. Andrews was not charged with any crime.[10]

          ___________________
        [6] Roger Cohen, "Judge Halts Publication of Book by Ex-Israeli
            Intelligence Agent," New York Times, 13 September 1990, sec.

            A, 1, and sec.  C, 24.
        [7] John Perry Barlow, "Crime and Puzzlement," Whole Earth Review

            68 (Fall 1990):  44-57.
        [8] Jef Poskanzer of Electronic Frontier Foundation (EFF), computer
            mail to author, 17 September 1990.  EFF provided litigation sup-

            port to Neidorf.

        [9] "Legal Case Summary," Electronic Frontier Foundation, 10 July 1990.

       [10] Barlow.

          4

 


                                              Bill of Rights Status Report



          Free press: On 1 March 1990 the SS ransacked the offices of
          Steve Jackson Games (SJG); irreparably damaged property; and
          confiscated three computers, two laser printers, several hard
          disks, and many boxes of paper and floppy disks. The target of
          the SS operation was to seize all copies of a game of fiction
          called GURPS Cyberpunk. The Cyberpunk game contains fictitious
          break-ins in a futuristic world, with no technical information
          of actual use with real computers, nor is it played on com-
          puters. The SS never filed any charges against SJG but still
          refused to return confiscated property.[11]

          Peaceable assembly: The right to assemble peaceably is no longer
          free - you have to get a permit. Even that is not enough; some
          officials have to be sued before they realize their reasons for
          denying a permit are not Constitutional.

          Peaceable assembly: In Alexandria, Virginia, there is a law
          that prohibits people from loitering for more than seven minutes
          and exchanging small objects. Punishment is two years in jail.
          Consider the scene in jail: "What'd you do?" "I was waiting at a
          bus stop and gave a guy a cigarette." This is not an impossible
          occurrence: In Pittsburgh, Eugene Tyler, 15, has been ordered
          away from bus stops by police officers.[12] Sherman Jones, also
          15, was accosted with a police officer's hands around his neck
          after putting the last bit of pizza crust into his mouth. The
          police suspected him of hiding drugs.[13]

          Petition for redress of grievances: Rounding out the attacks
          on the first amendment, there is a sword hanging over the right
          to petition for redress of grievances. House Resolution 4079,
          the National Drug and Crime Emergency Act, tries to modify the
          right to habeas corpus. It sets time limits on the right of
          people in custody to petition for redress and also limits the

          ___________________

       [11] Ibid.
       [12] Dan Donovan and Ellen Perlmutter, "Teens Say Drug Tactics

            Hassle the Innocent," Pittsburgh Press, 10 July 1990.

       [13] Ibid.

                                                                         5

 


          Bill of Rights Status Report



          courts in which such an appeal may be heard.[14] And on 5 March
          1990, the Supreme Court limited the ability of state prison
          inmates to obtain Federal court review of their convictions and
          sentences. By ruling that prisoners cannot make appeals based
          on favorable court rulings issued in other cases since their
          own convictions, the Supreme Court permitted states to execute
          people even though their death sentences would not be permitted
          today in light of subsequent rulings.[15] If a state imposed
          a death sentence in "good faith," but it turns out the state
          was mistaken, the Supreme Court has given the okay to refusing
          to hear the prisoner's petition for redress of grievances. The
          defendant will be killed even though the state made a mistake.

                                    Amendment II

             A well regulated Militia, being necessary to the security of
             a free State, the right of the people to keep and bear Arms,
             shall not be infringed.

          Right to bear arms: This amendment is so commonly challenged
          that the movement has its own name: gun control. Legislation
          banning various types of weapons is supported with the claim
          that the weapons are not for "legitimate" sporting purposes.
          This is a perversion of the right to bear arms for two reasons.
          First, the basis of freedom is not that permission to do le-
          gitimate things is granted to the people, but rather that the
          government is empowered to do a limited number of legitimate
          things - everything else people are free to do; they do not
          need to justify their choices. Second, the purpose of the sec-
          ond amendment is not to provide arms for sporting purposes. The
          right to bear arms is the last line of defense of our rights.
          In case there is an emergency, in case the people running the

          ___________________
       [14] House of Representatives, House Resolution 4079, 101st

            Congress, 2d session, 1990, 37-43
       [15] Linda Greenhouse, "Justices Limit Path to US Courts for State Pris-
            oners on Death Row," New York Times, 6 March 1990, sec.  A, 1 and

            20.

          6

 


                                              Bill of Rights Status Report



          government get out of control, guns in the hands of the people -
          all the people - are the last chance to defend our freedom.

          Some people contend the second amendment forbids Congress to
          prohibit the maintenance of a state militia. If so, this amend-
          ment is threatened by an incident described below, at the tenth
          amendment, in which the Federal government took control of the
          state militias.

          Firearms regulations also empower local officials, such as po-
          lice chiefs, to grant or deny permits. This gives local offi-
          cials power to grant permits only to friends of people in the
          right places or to deny permits on sexist or racist bases -
          such as denying women the right to carry a weapon needed for
          self-defense.

                                    Amendment III

             No Soldier shall, in time of peace be quartered in any house,
             without the consent of the Owner, nor in time of war, but in
             a manner to be prescribed by law.

          Quartering soldiers: This amendment is fairly clean so far, but
          it is not entirely safe. In July and August of 1990, 200 troops
          in camouflage dress with M-16s and helicopters swept through
          King Range National Conservation Area in Humboldt County, Cal-
          ifornia, in a militarized attack involving the California Na-
          tional Guard, the Army, and seven other federal agencies.[16]
          In the process of searching for marijuana plants, soldiers as-
          saulted people with M-16s, trespassed on private land, and de-
          stroyed private property, including a fire-protection spring box
          and watering system the day before a major fire (they thought it



          ___________________
       [16] Eric Brazil, "Troops Raid Humboldt Pot Farms," San Francisco

            Examiner, 31 July 1990, sec.  A, 1 and 16.

                                                                         7

 


          Bill of Rights Status Report



          might be used to irrigate marijuana plants).[17][,][18][,][19]
          This is not a direct hit on the third amendment, but the disre-
          gard for private property is threateningly close.

                                    Amendment IV

             The right of the people to be secure in their persons,
             houses, papers, and effects, against unreasonable searches
             and seizures, shall not be violated, and no Warrants shall
             issue, but upon probable cause, supported by Oath or affirma-
             tion, and particularly describing the place to be searched,
             and the persons or things to be seized.

          Right to be secure in persons, houses, papers, and effects
          against unreasonable searches and seizures: The RICO law is
          making a mockery of the right to be secure from seizure. Entire
          stores of books or videotapes have been confiscated based upon
          the presence of some sexually explicit items. Bars, restaurants,
          or houses are taken from the owners because employees or tenants
          sold drugs. In Volusia County, Florida, Sheriff Robert Vogel
          and his officers stop automobiles for contrived violations. If
          large amounts of cash are found, the police confiscate it on the
          presumption that it is drug money - even if there are no drugs
          or other evidence of a crime and no charges are filed against
          the car's occupants.[20][,][21] The victims can get their money
          back only if they prove the money was obtained legally. One
          couple got their money back by proving it was an insurance

          ___________________
       [17] Rick DelVecchio, "US Marijuana Busters Find 'Good Quantities',"

            San Francisco Chronicle, 1 August 1990, sec.  A, 1f.
       [18] DelVecchio, "Humboldt Man Talks About Close Encounters," San Fran-

            cisco Chronicle, 2 August 1990, sec.  A, 2.
       [19] Ronald M. Sinoway, "Nationwide Class-Action Lawsuit Filed Against
            Operation Green Sweep," Civil Liberties Monitoring Project, 9 Au-

            gust 1990.
       [20] Jacob Sullum, "Little Big Brothers," Trends, Reason 21, no.

            10 (March 1990):  14.

       [21] 20/20, American Broadcasting Companies, January 1990.

          8

 


                                              Bill of Rights Status Report



          settlement. Two other men who tried to get their two thousand
          dollars back were denied by the Florida courts.

          Right to be secure in persons, houses, papers, and effects
          against unreasonable searches and seizures: A new law goes into
          effect in Oklahoma on 1 January 1991. All property, real and
          personal, is taxable, and citizens are required to list all
          their personal property for tax assessors, including household
          furniture, gold and silver plate, musical instruments, watches,
          jewelry, and personal, private, or professional libraries. If a
          citizen refuses to list their property or is suspected of not
          listing something, the law directs the assessor to visit and
          enter the premises, getting a search warrant if necessary.[22]
          Being required to tell the state everything you own is not being
          secure in one's home and effects.

          No warrants shall issue, but upon probable cause, supported
          by oath or affirmation: As a supporting oath or affirmation,
          reports of anonymous informants are accepted. This practice has
          been condoned by the Supreme Court.

          Particularly describing the place to be searched and persons
          or things to be seized: Today's warrants do not particularly
          describe the things to be seized - they list things that might
          be present. For example, if police are making a drug raid, they
          will list weapons as things to be searched for and seized.
          This is done not because the police know of any weapons and
          can particularly describe them, but because they allege people
          with drugs often have weapons.

          The two items immediately above both apply to the warrant the
          Hudson, New Hampshire, police used when they broke down Bruce
          Lavoie's door at 5 a.m. with guns drawn and shot and killed him.
          The warrant claimed information from an anonymous informant,
          and it said, among other things, that any guns found were to be

          ___________________
       [22] Don Bell, "Supreme Court Dictatorship in America," The CDL Re-
            port 129 (June 1990), quoting the text of the bill as printed

            in The Christian World Report, 16 May 1989.

                                                                         9

 


          Bill of Rights Status Report



          seized.[23] Although Bruce Lavoie had no guns and there was no
          reason to suspect he did, the mention of guns in the warrant was
          used as reason to enter with guns drawn. Bruce Lavoie was not
          secure from unreasonable search and seizure.

          Other infringements on the fourth amendment include roadblocks
          and the Boston Police detention and deliberate harassment of
          known gang members.[24] Gang membership is known by such things
          as skin color and clothing color. And in Pittsburgh again, Eu-
          gene Tyler was once searched because he was wearing sweat pants
          and a plaid shirt - police told him they heard many drug dealers
          at that time were wearing sweat pants and plaid shirts.[25]

                                     Amendment V

             No person shall be held to answer for a capital, or otherwise
             infamous crime, unless on a presentment or indictment of
             a Grand Jury, except in cases arising in the land or naval
             forces, or in the Militia, when in actual service in time
             of War or public danger; nor shall any person be subject
             to the same offence to be twice put in jeopardy of life or
             limb; nor shall be compelled in any criminal case to be a
             witness against himself, nor be deprived of life, liberty,
             or property, without due process of law; nor shall private
             property be taken for public use without just compensation.

          Indictment of a grand jury: Kevin Bjornson has been proprietor
          of Hydro-Tech for nearly a decade and is a leading author-
          ity on hydroponic technology and cultivation. On 26 October
          1989, both locations of Hydro-Tech were raided by the Drug
          Enforcement Administration. National Drug Control Policy Di-
          rector William Bennett has declared that some indoor lighting

          ___________________
       [23] Hudson Police Shooting, Investigation report case I-89-220,

            Concord:  New Hampshire State Police, 13 August 1989, 243.
       [24] Jerry Thomas, "Police Sweep of Gangs Deemed a Success," Boston

            Globe, 21 May 1989, 40.

       [25] Donovan and Perlmutter.

          10

 


                                              Bill of Rights Status Report



          and hydroponic equipment is purchased by marijuana growers,
          so retailers and wholesalers of such equipment are drug prof-
          iteers and co-conspirators. Bjornson was not charged with any
          crime, nor subpoenaed, issued a warrant, or arrested. No illegal
          substances were found on his premises. Federal officials were
          unable to convince grand juries to indict Bjornson. By February,
          they had called scores of witnesses and recalled many two or
          three times, but none of the grand juries they convened decided
          there was reason to criminally prosecute Bjornson. In spite of
          that, as of March 1990, his bank accounts were still frozen and
          none of the inventories or records had been returned.[26] Grand
          juries refused to indict Bjornson, but the government is still
          penalizing him.

          Twice put in jeopardy of life or limb: Raymond Buckey was put
          on trial a second time for child molesting in the McMartin
          Preschool case, after a first trial lasting three years ac-
          quitted him of 40 charges but deadlocked on 13 other counts.[27]
          Anthony Barnaby was tried for the same murder three times before
          New Hampshire released him,[28] even though there was virtually
          no physical evidence linking him to the scene of the crime.[29]
          These were mistrials rather than not-guilty verdicts, but they
          were not mistrials caused by accident (such as a juror falling
          ill) or incorrect procedure (such as misconduct by a prosecu-
          tor). The facts here are that the prosecutors did not convince
          the juries that the defendants were guilty, yet the defendants
          were tried over and over again, sapping them in finances and
          in years from their lives. The trying and retrying of a person

          ___________________
       [26] Amy Swanson, "Libertarian Activist in Northwest Victim of
            Bennett's Drug War," Libertarian Party News 5, no.  3 (March

            1990).
       [27] "2d Trial Opens in Preschool Molestation Case," New York

            Times, 8 May 1990, sec.  A, 13.
       [28] Pendleton Beach, "Barnaby 'Ecstatic' at Release," Nashua Telegraph,

            11 July 1990, 1.
       [29] Carolyn Magnuson, "Caplin Shadows Barnaby Trial," Nashua Telegraph,

            8 October 1989, sec.  A, 1 and 4.

                                                                        11

 


          Bill of Rights Status Report



          becomes an abuse that threatens the right to continue with one's
          life after having withstood the jeopardy to life or limb.

          Compelled to be a witness against himself: Oliver North was
          forced to testify against himself. Congress granted him immunity
          from having anything he said to them being used as evidence
          against him, and then they required him to talk. After he did
          so, what he said was used to develop other evidence which was
          used against him.[30]

          Compelled to be a witness against himself: In the New York
          Central Park assault case, three people were found guilty of
          assault. But there was no physical evidence linking them to
          the crime; hair, clothing, and semen did not match any of the
          defendants.[31][,][32] The only evidence the state had was
          confessions. To obtain these confessions, the police questioned
          15-year-old Yusef Salaam without a parent present - which is
          illegal under New York state law.[33] Police also refused to let
          the subject's Big Brother, an assistant United States attorney,
          see him during questioning. Police screamed "You better tell us
          what we want to hear and cooperate or you are going to jail,"
          at 14-year-old Antron McCray, according to Bobby McCray, his
          father.[34] Antron McCray "confessed" after his father told
          him to, because the police said they would release him if he
          confessed.[35] These people were coerced into bearing witness

          ___________________
       [30] "Say Goodnight, Mr.  Walsh," Review & Outlook, Wall Street

            Journal, 10 September 1990, sec.  A, 14.
       [31] Ronald Sullivan, "Scientific Link is Still Missing in Jogger

            Trial," New York Times, 20 July 1990, sec.  B, 1 and 5.
       [32] Sullivan, "Defense Asks, Was Jogger Really Raped?", New York Times,

            8 August 1990, sec.  B, 1 and 3.
       [33] Sullivan, "Police Ignored Warnings on Age of Jogger Suspect, Wit-

            nesses Say," New York Times, 31 July 1990, sec.  B, 3.
       [34] Peg Byron, "Father Says He Told Son to Lie After Police Lied to

            Him," UPI, circa 30 July 1990.
       [35] Sullivan, "Youth's Father Says He Urged Park-Rape Lie," New York

            Times, 28 July 1990, 23 and 26.

          12

 


                                              Bill of Rights Status Report



          against themselves, and those confessions were used to convict
          them.

          Compelled to be a witness against himself: Your answers to Cen-
          sus questions are required by law, with a $100 penalty for each
          question not answered. But people have been evicted for giv-
          ing honest Census answers. According to the General Accounting
          Office, one of the most frequent ways city governments use cen-
          sus information is to detect illegal two-family dwellings. This
          has happened in Montgomery County, Maryland; Pullman, Washing-
          ton; and Long Island, New York. In this and other ways, Census
          answers are used against the answerers.[36]

          Compelled to be a witness against himself: The government is
          requiring drug tests from more and more people, even when there
          is no probable cause, no accident, and no suspicion of drug
          use. Requiring people to take drug tests compels them to provide
          evidence against themselves.

          Deprived of life, liberty, or property without due process
          of law: This clause is violated on each of the items life,
          liberty, and property. Incidents including such violations
          are described elsewhere in this article. Here are two more:
          On 26 March 1987, in Jeffersontown, Kentucky, Jeffrey Miles
          was killed by police officer John Rucker, who was looking for a
          suspected drug dealer. Rucker had been sent to the wrong house;
          Miles was not wanted by police.[37] He received no due process.
          In Detroit, $4,834 was seized from a grocery store after dogs
          detected traces of cocaine on three one-dollar bills in a cash
          register.[38]


          ___________________
       [36] James Bovard, "Honesty May Not Be Your Best Census Policy,"

            Wall Street Journal, 8 August 1989, sec.  A, 10.
       [37] John Dentinger, "Narc, Narc," Playboy 37, no.  4 (April 1990):

            49-50.

       [38] Sullum.

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          Bill of Rights Status Report



          Private property taken for public use without just compensation:
          RICO is shredding this aspect of the Bill of Rights. The money
          confiscated by Sheriff Vogel goes directly into Vogel's budget.
          Federal and local governments seize and auction cars and boats.
          Vehicles are seized even if the owners are not present or re-
          sponsible for the presence of drugs (as in the case of chartered
          vehicles). One car was seized because an inspector believed the
          smell of marijuana was in it.[39] Under RICO, the government is
          seizing property without due process. The victims are required
          to prove not only that they are not guilty of a crime, but that
          they are entitled to their property. Otherwise, the government
          auctions off the property and keeps the proceeds.

                                    Amendment VI

             In all criminal prosecutions, the accused shall enjoy the
             right to a speedy and public trial, by an impartial jury of
             the State and district wherein the crime shall have been com-
             mitted, which district shall have been previously ascertained
             by law, and to be informed of the nature and cause of the ac-
             cusation; to be confronted with the witnesses against him; to
             have compulsory process for obtaining Witnesses in his favor,
             and to have the assistance of counsel for his defence.

          The right to a speedy and public trial: Surprisingly, the right
          to a public trial is under attack. When Marion Barry was being
          tried, the prosecution attempted to bar Louis Farrakhan and
          George Stallings from the gallery. This request was based on
          an allegation that they would send silent and "impermissible
          messages" to the jurors.[40] The judge initially granted this


          ___________________
       [39] Jon Nordheimer, "Tighter Federal Drug Dragnet Yields Cars,
            Boats and Protests," New York Times, 22 May 1988, sec.  A, 1

            and 16.
       [40] Sandra Sardella, "ACLU Says Farrakhan, Stallings Can Attend

            Barry Trial," UPI, circa 5 July 1990.

          14

 


                                              Bill of Rights Status Report



          request.[41] One might argue that the whole point of a public
          trial is to send a message to all the participants: The message
          is that the public is watching; the trial had better be fair.

          By an impartial jury: The government does not even honor the
          right to trial by an impartial jury. US District Judge Edward
          Rafeedie is investigating improper influence on jurors by US
          marshals in the Enrique Camarena case. US marshals apparently
          illegally communicated with jurors during deliberations.[42]

          Of the state and district wherein the crime shall have been
          committed: Manuel Noriega is being tried so far away from the
          place where he is alleged to have committed crimes that the
          United States had to invade another country and overturn a
          government to get him. Nor is this a unique occurrence; in a
          matter separate from the jury tampering, Judge Rafeedie had
          to dismiss charges against Mexican gynecologist Dr. Humberto
          Alvarez Machain on the grounds that the doctor was illegally
          abducted from his Guadalajara office in April 1990 and turned
          over to US authorities.[43]

          To be informed of the nature and cause of the accusation: Steve
          Jackson Games, nearly put out of business by the raid described
          previously, has been stonewalled by the SS. "For the past month
          or so these guys have been insisting the book wasn't the target
          of the raid, but they don't say what the target was, or why
          they were critical of the book, or why they won't give it back,"
          Steve Jackson says. "They have repeatedly denied we're targets
          but don't explain why we've been made victims."[44] Attorneys
          for SJG tried to find out the basis for the search warrant that
          ___________________
       [41] B. Drummond Ayres, Jr., "Witness in Barry Trial Now Denies Exceed-

            ing Agents' Instructions," New York Times, 4 July 1990, 10.
       [42] Carol Baker, "Camarena Judge Vows to Get to 'Bottom' of Mis-

            trial Motion," UPI, circa 9 August 1990.
       [43] "US Appeals Order to Return Suspect to Mexico," New York

            Times, 18 August 1990, 9.
       [44] "CyberPunk Could Prove End of Steve Jackson Games," UPI, 10

            May 1990.

                                                                        15

 


          Bill of Rights Status Report



          led to the raid on SJG. But the application for that warrant was
          sealed by order of the court and remained sealed at last report,
          in July 1990.[45] Not only has the SS taken property and nearly
          destroyed a publisher, it will not even explain the nature and
          cause of the accusations that led to the raid.

          To be confronted with the witnesses against him: The courts
          are beginning to play fast and loose with the right to confront
          witnesses. Testimony via videotape or one-way television is
          being used for former Presidents and children. Such procedures
          reduce the information a jury receives. First, the lack of the
          physical presence of the witness makes it more difficult for
          the jury to judge the witness' veracity and get an accurate
          impression of what the witness is saying. Second, the cumbersome
          procedures involved reduce the ability for either prosecution or
          defense to cross-examine the witness - a step which is essential
          to bringing out the truth in difficult situations.

          To have compulsory process for obtaining witnesses: When John M.
          Poindexter subpoenaed Ronald Reagan as a witness in Poindexter's
          trial, Reagan fought the subpoena.[46] The White House and the
          Justice Department also opposed providing documents in response
          to subpoenas of Oliver North.[47] Without the disputed papers,
          Federal District Judge Gerhard A. Gesell had to dismiss the
          main criminal charges against North.[48] The government said the
          documents were being withheld for reasons of national security.
          Some of the documents had already been made public by release to



          ___________________

       [45] "Legal Case Summary," Electronic Frontier Foundation, 10 July 1990.
       [46] "Reagan Fighting a Subpoena," New York Times, 3 January 1990,

            sec.  A, 16.
       [47] Philip Shenon, "North Subpoenas Face Fight by White House," New

            York Times, 1 January 1989, 12.
       [48] Michael Wines, "Key North Counts Dismissed by Court," New York Times,

            14 January 1989, 1.

          16

 


                                              Bill of Rights Status Report



          a private institute in another court case. The prosecution knew
          this but still told the court the documents were secret.[49]

          To have the assistance of counsel: Connecticut Judge Joseph
          Sylvester is refusing to assign public defenders to people
          accused of drug-related crimes, including drunk driving.[50]

          To have the assistance of counsel: RICO is also affecting the
          right to have the assistance of counsel. The government confis-
          cates the money of an accused person, which leaves them unable
          to hire attorneys. The IRS has served summonses nationwide to
          defense attorneys around the country, demanding the names of
          clients who paid cash for fees exceeding $10,000.[51]

                                    Amendment VII

             In Suits at common law, where the value in controversy shall
             exceed twenty dollars, the right of trial by jury shall be
             preserved, and no fact tried by a jury, shall be otherwise
             reexamined in any Court of the United States, than according
             to the rules of common law.

          Right of trial by jury in suits at common law: There are several
          ways this right can be taken from somebody. If a person is
          not careful about knowing when to ask for a jury trial, the
          government might refuse to grant the right. Under the Federal
          Rules of Civil Procedure, failure to demand a trial by jury in




          ___________________
       [49] David Johnston, "Trial of North Stalled Again; Defense Moves for

            Dismissal," New York Times, 1 March 1989, sec.  A, 1 and 20.
       [50] "Drug Suspects Barred From Public Defenders," New York Times,

            12 July 1990, national edition, sec.  B, 3.
       [51] "IRS Issues Summonses to Defense Lawyers," New York Times, 7

            March 1990, sec.  A, 17.

                                                                        17

 


          Bill of Rights Status Report



          time constitutes a waiver of the right.[52] The rules courts
          are using allow judges to direct a jury to return a particular
          verdict. Or a judge can decide a verdict is wrong according
          to the evidence, set aside the jury's verdict, and order a new
          trial.[53] In Slocum v. New York Life Insurance Company, the
          Supreme Court decided that in a case where the judge allowed the
          jury to deliberate, the matter could not be changed by directing
          the verdict, because of the seventh amendment, but it was okay
          to declare a mistrial and order a new trial in which the judge
          could direct the jury verdict.[54] This sidesteps the seventh
          amendment and removes the power to decide justice and facts from
          the people of a jury.

                                   Amendment VIII

             Excessive bail shall not be required, nor excessive fines
             imposed, nor cruel and unusual punishments inflicted.

          Excessive bail and fines: Tallahatchie County in Mississippi
          charges ten dollars a day to each person who spends time in the
          jail, regardless of the length of stay or the outcome of their
          trial. This means innocent people are forced to pay. Marvin
          Willis was stuck in jail for 90 days trying to raise $2,500 bail
          on an assault charge. But after he made that bail, he was kept
          imprisoned because he could not pay the $900 rent Tallahatchie
          demanded. Nine former inmates are suing the county for this
          practice.[55]

          ___________________
       [52] Library of Congress Legislative Reference Service, The Con-
            stitution of the United States of America:  Analysis and
            Interpretation, edited by Johnny H. Killian and Leland E.
            Beck, 99th Congress, 1st session, 1987, Senate document 99-16,

            1376.

       [53] Ibid, 1382.

       [54] Ibid.
       [55] "Ex-inmates Take Issue with Jail Cell Fees," Insight (16 April

            1990):  55.

          18

 


                                              Bill of Rights Status Report



          Cruel and unusual punishments: House Resolution 4079 threatens
          this right too: "... a Federal court shall not hold prison
          or jail crowding unconstitutional under the eighth amendment
          except to the extent that an individual plaintiff inmate proves
          that the crowding causes the infliction of cruel and unusual
          punishment of that inmate."[56]

          Cruel and unusual punishments: A life sentence for selling a
          quarter of a gram of cocaine for $20 - that is what Ricky Isom
          was sentenced to in February 1990 in Cobb County, Georgia.
          It was Isom's second conviction in two years, and state law
          imposes a mandatory sentence. Even the judge pronouncing the
          sentence thinks it is cruel; Judge Tom Cauthorn expressed grave
          reservations before sentencing Isom and Douglas Rucks (convicted
          of selling 3.5 grams of cocaine in a separate but similar case).
          Judge Cauthorn called the sentences "Draconian."[57]

                                    Amendment IX

             The enumeration in the Constitution, of certain rights, shall
             not be construed to deny or disparage others retained by the
             people.

          Other rights retained by the people: Other rights retained by
          the people include the right of a citizen to work in or for a
          political party and the right to marital privacy.[58] Those are
          some of the rights the authors of the Constitution were trying
          to protect by telling us in this amendment that the other parts
          of the Constitution were not to be interpreted as a complete
          list, that people have fundamental rights other than those
          explicitly listed, and those rights should not be infringed.
          But still the government tries. The Hatch Act limits political
          activities of people who are employed by the government. Various

          ___________________

       [56] House Resolution 4079, 8-9.
       [57] Mark Curriden, "Man Gets Life for $20 Sale of Cocaine," At-

            lanta Journal, 22 February 1990.

       [58] Constitution:  Analysis and Interpretation, 1412-1413.

                                                                        19

 


          Bill of Rights Status Report



          states attempt to regulate marital relations. Another right
          considered fundamental is the right to travel, including travel
          abroad across borders in either direction and travel within
          the country.[59] Yet the Federal government limits travel to
          Cuba and other countries, and states establish roadblocks to
          question and examine citizens. And aspects of our private lives
          are increasingly regulated. At home, recreation, and work, laws
          and regulations dictate what the government thinks is good for
          us.

                                     Amendment X

             The powers not delegated to the United States by the Consti-
             tution, nor prohibited by it to the States, are reserved to
             the States respectively, or to the people.

          Powers reserved to the states or the people: Until 1937, this
          amendment was used to keep Congress within limits in such things
          as regulation of commerce, enforcement of the fourteenth amend-
          ment, and laying and collecting taxes.[60] Today, this protec-
          tion has eroded. The Federal government exercises much power
          through purse strings, by taking money from the people and cor-
          porations within the states and refusing to return it unless
          states conform to Federal rules. By controlling money, the Fed-
          eral government coerces obedience from the states in setting
          speed limits, defining crimes, and setting criminal sentences
          and penalties. In 1984, Reagan signed a law ordering millions
          of dollars withheld from states not raising their drinking age
          to 21.[61] South Dakota objected to this and sued, with sup-
          port from eight other states.[62] On 23 June 1987, the Supreme

          ___________________
       [59] Milton R. Konvitz, Bill of Rights Reader:  Leading Constitutional

            Cases, 5th ed.  (New York:  Cornell University Press, 1973):  518.

       [60] Constitution:  Analysis and Interpretation, 1418.
       [61] Steven R. Weisman, "Reagan Signs Law Linking Federal Aid to Drink-

            ing Age," New York Times, 18 July 1984, sec.  A, 15.
       [62] Dick Pawelek, "Resolve Two Federal-State Conflicts," Scholastic

            Update 119, no.  10 (26 January 1987):  21-22.

          20

 


                                              Bill of Rights Status Report



          Court ruled against the states.[63] On the same day, the Supreme
          Court overturned an 1861 decision prohibiting Federal courts
          from ordering states to extradite criminal suspects to other
          states.[64] That power of a state to refuse extradition saved
          a free black person from being extradited in 1861 from Ohio
          to Kentucky to face trial for the crime of helping a slave to
          escape, but the power is now gone.

          Powers reserved to the states or the people: Article I, section
          eight of the Constitution reserves to the states the authority
          of training the militia. In 1986, Minnesota and eleven other
          states refused permission for their National Guard units to be
          sent to Honduras for training missions. A Federal judge denied
          the states this authority.[65]

                                       Summary

          Out of ten amendments, all are under attack. All of the indi-
          vidual parts of each amendment are threatened. Many of them are
          under multiple attacks of different natures. If this much of the
          Bill of Rights is threatened, how can you be sure your rights
          are safe? A right has to be there when you need it. Like insur-
          ance, you cannot afford to wait until you need it and then set
          about procuring it or ensuring it is available. Assurance must
          be made in advance.

          The bottom line here is that your rights are not safe. You do
          not know when one of your rights will be violated. A number
          of rights protect accused persons, and you may think it is not
          important to protect the rights of criminals. But if a right
          is not there for people accused of crimes, it will not be there
          when you need it. With the Bill of Rights in the sad condition

          ___________________
       [63] Stuart Taylor, Jr., "Justices Back Use of Aid to Get States to Raise

            Drinking Age," New York Times, 24 June 1987, sec.  A, 20.

       [64] Ibid.
       [65] "States Lose Suit on the Guard's Latin Missions," New York

            Times, 5 August 1987, sec.  A, 10.

                                                                        21

 


          Bill of Rights Status Report



          described above, nobody can be confident they will be able
          to exercise the rights to which they are justly entitled. To
          preserve our rights for ourselves in the future, we must defend
          them for everybody today.



































          22



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