Democracy and Homeland Security: Strategies, Controversies, and Impact
Introduction
Nawal H. Ammar,
“Let us go forth remembering those who lost their lives while opposing an immoral war. But not only that, let us also go forth with the mission of making America a land free from economic want, free from social injustice and free from foreign war. Commemorations fail to accomplish everything they should if we leave here and return to the routines of our daily lives, satisfied that we have done enough for one year.”
Tom Grace, May 4, 1987
Introduction
The events of May 4, 1970, at
we wonder, those of us
left behind
what to do with the bottles
of their memory
how to honor
the unfinished places
they were supposed
to occupy,
now empty at the table
do we just preserve them
or do them justice
in some more consequential way.1
In the past two decades,
This book is one effort to pay homage to those who lost
their lives on campus, in the war in
The Fifth Annual Symposium on Democracy and Homeland Security
In 2004, the theme of the Democracy Symposium was chosen
to cover the timely issue of Homeland Security. I had the privilege of chairing
the Symposium’s planning committee. This manuscript is a compendium of the
papers, speeches, and student posters presented during the two days where
scholars, students, and people from both the University and the City of
The planning committee decided to title the conference “Democracy and Homeland Security: Strategies, Controversies, and Impact.” The planning committee quickly realized the complexity of the issues related to the topic of homeland security. The subject lends itself to a range of academic and scientific disciplines that could not all be accommodated within the short time of the Symposium. In an attempt to focus on the task, the Symposium committee, despite possibilities of covering more issues, decided to include four panels with traditional academic presentations, two keynote speakers, and a student poster session related to the topics of homeland security.
This book is organized to include the Symposium’s three
activities. The first part of the book contains papers presented during four
panel sessions. Panel 1, “Providing Homeland Security and Democracy in the
The second part of the book includes two keynote speeches
presented at the Symposium. The first speech, by Admiral James M. Loy, the
then deputy secretary of the U.S. Department of Homeland Security, was titled “Homeland
Security: Preserving Our Freedoms, Protecting America.” The second speech,
by Professor David Cole of
Finally, and for the first time, the Symposium included
the works of
The Conflict Between Democracy and Homeland Security
Following the September 11 attacks, life in
Less than one year after the passage of the USA PATRIOT
Act, on
There is no question about the urgent need for government
action to guarantee the security of the
However, this understanding of the complexity and separation of Islam from terrorism was short lived. The prevailing notions solidified by the 1993 essay of Harvard professor Samuel P. Huntington about the “clash of civilizations” between Islam and the West took hold in the values of U.S. societal and legal culture. The overreaction of the post–September 11 legislation, guilt by association, and profiling have all underestimated the reality that, in the world today, “the distinction between Western civilization and non-Western civilization gets blurrier and blurrier as you try to get it into focus.”16 The “war on terrorism,” hence, has taken the course of ideal types in a world of pluralism, diversity, and globalization. This path has caused concern about the onslaught on civil and other liberties. These ideas are explored by many of the contributing authors, who see a challenge to the balance between national safety and democratic liberty in the United States today that is caused by xenophobia, profiling, racism, and disrespect for individual and civil rights.
An additional concern to the eroding civil rights of citizens
expressed by the authors has been the way the
In addition to government policy and societal norms, the
trauma of the terrorist attacks and the nature of those attackers’ religious
affiliations have resulted in changing spiritual conditions in
The chapters, keynote speeches, and student posters of this Symposium publication explore the challenge of post–September 11 legislation, government actions, media coverage, and other issues that threaten this society’s democratic foundations of political freedom and civil liberties. The memory of May 4, 1970, resonates in most chapters, and many authors mention the lessons from the event that must inform future policies and actions.
Democracy and Homeland Security: Strategies, Controversies, and Impact
The overwhelming message from the authors in this book (including
Admiral Loy) has been one of not compromising the liberties enjoyed by citizens
and noncitizens in the
In part 1 of this section of the book, “Providing Homeland
Security and Democracy in the
Professor Judith A. Youngman finds that the root of the
tension between homeland security and democracy is American sensitivity to
compromising its cultural identity under human rights treaties. She argues
that post–September 11, 2001, the issues of human rights and homeland security
have been portrayed as either/or choices in the
Professor Mary Stansbury, a professor of library science,
locates the source of the strain between homeland security and democratic
principles in her profession’s ethical approach to service delivery. She
notes, “The defense of free speech is a fundamental tenet of modern American
librarianship.”26 Using survey data conducted in
Haridakis’s essay reflects his role as the discussant of this panel in the Symposium on Democracy.29 He integrates the arguments of Ikuenobe, Youngman, and Stansbury within a historic perspective, a cultural context, and an ethical concern. He shows the record of our nation in times of war threats and how, in the name of defending the nation, freedoms and liberties have been subverted. He emphasizes that the authors of this section put forward arguments opposing the justifications for homeland security that are similar to the ones advanced by other thinkers, historically at times of political violence, as early as the Alien and Sedition Act of 1798.30 He also observes that all three scholars view the cultural perceptions of our post–September 11 policies of homeland security as an underlying force behind the tension between homeland security and civil liberties. The Eurocentric/ethnocentric attitude inherent within the security policy formulations have led the authors to warn against xenophobia, American cultural supremacy, and a fascist police state.
Finally, Haridakis highlights the authors’ concerns about
the ethical and moral implications of our safety policies, where emotionally
charged patriotism, American evangelical exceptionalism, or the pressure
on the value of free speech will surrender liberty and will not purchase
safety.31 Haridakis concludes by forewarning that we need to learn
from the experience of
The second part of this section of the book, “Homeland Security
and Public Policy: Formulation, Implementation, and Evaluation,” brings the
preceding discussion on the impact of homeland security to the pragmatic
arena of policymaking and its consequences. Alice Ristroph and Jameel Jaffer
discuss the many changes that have taken place in information gathering and
surveillance law since
The former type of surveillance aims to collect early intelligence and provide quick detection, and it is not based on the suspicion of any individual threat.34 The latter kind of surveillance, according to Ristroph and Jaffer, represents “more intrusive inquiries relating to individual suspects.” The authors offer numerous examples of post–September 11 policies formulating and implementing these two kinds of surveillance. They note, however, that the principal source of change in investigative surveillance, the more intrusive type of information gathering, has been the passage of the USA PATRIOT Act.35
Although extensive surveillance silences free speech, Ristroph and Jaffer state that investigative surveillance was rendered much more threatening by the government’s unprecedented refusal to release information on its own activities. Accepting that there is no controversy about the negative effects of government secrecy and surveillance on democracy in general, they stop at the argument that many regard times of national emergencies to be instances that necessitate extrademocratic principles. Ristroph and Jaffer note that the arguments of solidarity and patriotism over democracy during past national emergencies had temporal limits.36 Terrorism, nevertheless, represents a different form of conflict—one that has no temporal limits. In view of this national emergency, the “war on terror,” Ristroph and Jaffer suggest a “principle of specificity” to limit the danger of intrusive surveillance and extreme government secrecy.37 This principle provides a strategy, a justification, clarity, and expertise in formulating national security that does not sacrifice individual and civil liberties.
Bassel El-Kasaby and Scott E. Tarry show us how post–September 11 aviation policies have had an impact on civil rights. They specifically examine four areas: (1) issues relating to private rights arising from the protections in the Fourth Amendment, (2) issues relating to equal protection under the law arising from the protections in the Fourteenth Amendment, (3) issues concerning employment discrimination arising from the protections under Title VII, and (4) bars to judicial relief in civil rights cases.38 The authors’ legal and academic aviation expertise show clearly the grave infringements of civil rights and the dilemmas the aviation industry is faced with in view of such practices. El-Kasaby and Tarry conclude their essay by saying,
There is no question that terrorist events of this magnitude are not an acceptable security risk. However, enhanced security at airports comes at a cost that includes delay, inconvenience, and overall quality of service. More importantly, such policies undermine long-cherished constitutional rights that cannot be valued or quantified.39
Professor James F. Harris brings a more theoretical perspective
to the theme of homeland security and policy.40 His
essay is a reflection on the basis for a peaceful public policy. He explains
that conflicts arise from the tension between private beliefs and public
policy. In the tradition of a Western philosopher, he argues that in a constitutional,
liberal, pluralistic democracy, such as the
A primary area of clear demarcation between private and public arenas is the separation of religion and the state. He concludes his essay by noting, “A democratic state must be protected from religious zealots of all stripes. This is one of the most crucial and theoretically fundamental principles for preserving and protecting a stable, well-ordered liberal democracy.”42
In her role as a discussant, Professor Mervat Hatem extends
the argument regarding public policy to the global ramifications of
Hatem notes that this “other” is clearly represented in
the national public policy of the
All the essays in this section of the book have misgivings about post–September 11 public policies. While aware of the dangers terrorism poses for the American quality of life, the authors in this section are collectively concerned about the unchecked way the policies of dealing with terrorism are infringing on a long tradition of a successful liberal, pluralist democracy.
The essays in the third section, “September 11, 2001, and
Public Opinion,” focus on the opinions of segments of the public from whom
we have heard the least in the period following the attacks on the United
States in 2001. These include marginalized groups, either because they do
not have the electoral power (e.g., deportees and children) or because of
the anti-intellectual, anticritical atmosphere that has prevailed since
Professor Melissa M. Spirek documents the magnitude and
significance of the relationship between the media consumption of the September
11 tragedy and the attitudes of people in and outside the
Spirek frames her analysis theoretically on the foundation that media influence on public opinion is a complex phenomenon and that its effects are mediated by quantity of consumption and type and content of media. Spirek’s study showed that many of the articles written during the period under investigation used qualitative research and not quantitative data.50 Such an outcome interfered with the assumption of meta-analysis. As such, Spirek concludes that in the years 2001 to 2003, quantitative social science research has been relatively silent about the media influence on the public’s opinion of the first terrorist attack on American soil. This discovery, though not what the author anticipated when proposing to conduct the research, is, in itself, a significant reflection on the use of social scientific research methods and understanding terrorism. Many researchers argue that exploring areas that involve victims, marginalized people, and sensitive issues often lend themselves to qualitative research.51 Terrorism falls within this category of research topics where open dialogue that establishes trust and rapport is often the more successful venue in which to conduct systematic inquiries, rather than self-reporting surveys or such other methods.
The following two essays in this section of the book, by
Irum Shiekh and Kathleen Walker, confirm the discovery of Spirek’s work.52 Shiekh’s essay, based on qualitative research methodology,
examines the effects of
Shiekh provides the reader with rich narratives about the
conflicting sentiments among those interviewed. On the one hand, the voices
condemn harshly the double standards of American democracy, the human rights
violations of the detained Muslims in
The message of those speaking portrays the
Professor Walker’s essay is another research study using
qualitative methods to measure
Professor Erin O’Brien, in her role as the discussant, provides
a synthesis and critique of the three essays in this section addressing “
O’Brien concludes her synthesis of the three papers by saying, “The three chapters that form this section thus refine mainstream accounts of public opinion following 9/11. They build and expand on existing empirical literature. Most importantly, they matter socially and politically, and they illuminate the variety of ways in which 9/11 influenced national and international public opinion.”
The fourth and concluding section, “Comparative Perspectives on Homeland Security and Democracy,” focuses on a cross-cultural, global understanding of security and emerging policies in the post–September 11 era. Not all the essays presented at the symposium are included in this volume. Dilip Das’s presentation is summarized here and is further analyzed in the panel discussant’s chapter, by Timothy J. Berard.
Das’s presentation showed the inherent contradiction between
democracy and agents of security.67 He examined
case studies from a number of democracies described as established democracies,
emerging democracies, and mixed democracies. The established democracies
are those where societies have a stable, democratic tradition, like the
The contradictions Das discussed included professional, organizational, and operational challenges. Professional challenges stem from the very nature of policing. Wherever they are, the police find themselves exercising restraints and practicing coercion. The methods and the degree may differ in the different democracies. Organizational culture changes slowly. The culture in the police organizations, notwithstanding the political culture of the society, tends to be universally militaristic, hierarchy oriented, and noninnovative. Such an organizational culture is not amenable to the democratic values of openness, freedom of expression, and service of the people. Ironically, this is true in all stages of democratic political development of a society. Operational challenges are the rise of international crimes like organized crime and terrorism from which no democracy is free. Organized crime and other forms of violent crimes have been terribly challenging for the emerging and the mixed democracies. The more crime, the more undemocratic the operational answers tend to be.
In May 1995 scholars and practitioners from several countries presented original studies of the different categories at the annual meeting of the International Police Executive Symposium. The presentation at the Symposium on Democracy summarized these studies. It further examined democracy with a view of security and safety and democracy beyond the constraints of the present events and the geographic boundaries of a single nation.
Professor Randall Curren’s essay explores the war metaphor as in “war on terrorism” in securing national/collective security and finds it inadequate.69 He uses theoretical episteme and historic periods from Western cultures to offer a comparative perspective on today’s dilemma of national security and war. Curren says the war on terrorism is not a war in the classic sense. He argues that terrorism poses a risk to the national interest but does not constitute threats to national security. The misconception of terrorism as war has led to national mobilization that demands a national unity that “silences all dissent and honest debate.”70 To Curren, self-defense in the face of war or the threat of war is a necessary condition for order, and peace is a flawed model.71 The war on terror must be replaced by an understanding that “justice … is a necessary condition for sustainable peace and security.”72
Calling this strategy the convergence thesis, Curren proceeds
to show how, for the past three decades, “violence” and “force” have dominated
the
This model includes international adjudication of international conflict. Such adjudication, according to Curren, is conditioned by respect for all human beings as equal, separation of private values from the public arena (public reason), neutral adjudication, impartial reasoned judgment, and secular forms of adjudication. International adjudication eliminates the superiority of any nation over another and enforces equal, reasonable, and just rule of law. Curren concludes his essay by speaking about the future of dealing with terrorism if the model of justice for that war is forsaken. He says, “History suggests that a world order that does justice to the material and cultural interests of these diverse citizens is foundational to our long-term security interests, but it also suggests we will ignore this lesson until our hand is forced by crises much greater than we have yet endured.”74
Samuel Gerald Collins discusses the issue of homeland security
from the stance of anthropological theory.75 He
first frames the issue of homeland security within a context of cultural
wars. He notes that the war on terrorism is also a war to maintain our “cultural
us” as delineated by certain “traditions, histories and texts” and to protect
the nation from dissolution.76 Within this
context, Collins reviews the long-critiqued anthropological perspective of “national
character studies” in the 1940s and 1950s and its decline in the 1960s. In
this review, Collins hopes to avoid the pitfalls of the dichotomous cultural
view of “us” versus “them.” He notes that this perspective, which views entire
nations as having one set of unitary cultures, has been reborn under new
dimensions in the post–September 11 world.77 Today,
argues Collins, this move back in time has resulted in orientalist ethnocentrism
where the enemy nations are characterized by violence and irrationality,
and the
Even its founding mother, Margaret Mead, abandoned this view of the “national character” in anthropology. She replaced this narrow, static view of culture with a more dynamic one that sees differences in the continual elaboration of national character. Anthropologists have since advanced alternative visions of culture as “progressive humanism,” which transcends national boundaries.79 However, since September 11 the clash of the civilization model advanced by Samuel Huntington, or Benjamin Barber’s framework of West versus “rest,” or “they will win or we will win,” has awakened a long-abandoned anthropological framework. Anthropologists are responsible for such formulations of national character and need to be involved more in producing alternatives to them. Collins, in turn, suggests an alternative model of culture that curtails conflict. This is culture as “anticipatory humanism.”80 Collins concludes by describing his cultural model as “not only a mutual respect based on the multitudinous connections that make a mockery of attempting to divide ‘us’ from ‘them,’ but a humanism based on the generative differences that promise, if nothing else, to transform cultures into form unimaginable by younger generations.”81
Professor Berard’s chapter summarizes the three essays by Das, Curren, and Collins and further explores the consequences of the practice of homeland security in a representative democracy.82 Giving homeland security the label of national security, Berard warns of the consequences for democracy when formulating security policies too narrowly or too broadly. He notes that policies devised from a narrow basis of prejudiced stereotyping result in unprofessional behavior on the part of law enforcement and conceptual contradiction both philosophically and at the theoretical level (in the anthropological view of national character).83 According to Berard’s analysis of Das’s work, “A key element of professionalism in security and police forces must include the appreciation of the fact that the mandate of providing security includes a mandate for securing civil liberties and democratic freedoms, as well as physical safety.”84
At the theoretical/conceptual level, Berard argues, national
safety policies based on narrow discrimination including racial, ethnic,
or religious origins (more particularly as we see it today directed toward
Arabs and Muslims) are not practical in our contemporary world. In direct
response to
Berard also cautions against formulating security policy
from a broad perspective, which is then co-opted by partisan political interests
of governments.87 Using the recent example
of
Berard presents the reader with multiple ways to develop national security policies that can hold up under the practices of democracies, based on the chapters presented by the scholars on his panel. He notes that in law enforcement, equal support for all public agencies and maximum communication among them is an essential element in providing professional policing and security. Developing historically informed policies are successful national security strategies that protect and produce international peace. Berard ends his chapter by noting:
As a nation, we do have to be vigilant of both internal and external threats, but internal threats need to be understood more broadly. They include more than terrorist cells, organized crime, and drug traffickers—and note here that even our national understanding of internal threats borrows heavily from our national skepticism toward foreigners and immigrants. Internal threats to democracy can also appear as the excesses of mass politics and the excesses of national security policies.89
The collection of essays in this book continues the discussions
that emerged from the
That is … the significance of “
End notes
1.Susanne Sande, “Blood Ties” (n.d.), http://www.geocities.com/Athens/Forum/8203/poem.html.
2. The Kent State Memorial, http://speccoll.library.kent.edu/4may70/exhibit/memorials/m4mem.html.
4. The Symposium is supported and funded by the
Offices of the President and Provost of
5. These wars include, but are not limited to,
6. The 9/11 Commission Report: Final Report
of the National Commission on Terrorist Attacks upon the United States (
7. U.S. Senate Roll Call Votes 107th Congress - 1st Session as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate, http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=107&session=1&vote=00313.
8. K. Cusick, “Thwarting Ideological Terrorism: Are We Brave Enough to Maintain Civil Liberties in the Face of Terrorist Induced Trauma?” Case Western Reserve Journal of International Law 35 (2003): 1; and C. O’Leary, “Patriot Acts,” Social Justice (2002): 3, http://www.Highbeam.com/library/doc3.asp?DOCID, retrieved June 10, 2004.
10. M. Brezezinski, “Red Alert,” Mother Jones 29, no. 5 (2004): 39.
11. Department of Homeland Security Web Site: http://www.dhs.gov/dhspublic, retrieved June 10, 2004.
13. P. Haridakis, “Homeland Security and Democracy
in the
14. P. Jenkins, Image of Terror: What We
Can and Can’t Know about Terrorism (
15. See Yvonne Yazbeck Haddad and Adair T. Lummis, Islamic
Values in the
16. P. Berman, Terror and Liberalism (
19. Aminah Beverly McCloud, African American
Islam (New York: Routledge, 1995); Sulayman S. Nyang, “Islam
in the
20. See D. Cole, “Enemy Aliens and American
Freedoms: Double Standards and Civil Liberties in the War on Terrorism,” in Homeland
Security: Strategies, Controversies, and Impact, ed. N. Ammar (
22. P. Ikuenobe, “Patriotism and the Conflict
between Homeland Security and Liberal Democracy,” in Homeland Security:
Strategies, Controversies, and Impact, ed. N. Ammar (
24. J. A. Youngman, “An Either-Or Choice?” in Homeland
Security: Strategies, Controversies, and Impact, ed. N. Ammar (
26. M. Stansbury, “A Basis for Baseless Hysteria?
Philosophy and Practice of Protection of Privacy by Public Librarianship
in the
29. Haridakis, “Homeland Security and Democracy.” 30. Ibid.
33. A. Ristroph and J. Jaffer, “Security’s Province
in a Democratic Society,” in Homeland Security: Strategies, Controversies,
and Impact, ed. N. Ammar (
38. B. El-Kasaby
and S. E. Terry, “The State of
40. J. Harris, “Public Speech, Public Reason,
and Public Policy in a Pluralistic Society,” in Homeland Security: Strategies,
Controversies, and Impact, ed.
N. Ammar (
43. M. Hatem, “Homeland Security in a Global
World,” in Homeland Security: Strategies, Controversies, and Impact,
ed. N. Ammar (
44. E. Said, Orientalism (New York: Pantheon Books, 1978).
45. M. Hatem, “Homeland Security in a Global
World,” in Homeland Security: Strategies, Controversies, and Impact,
ed. N. Ammar (
47. M. Spirek, “A Meta-Analysis of the Correlation
between Media Consumption of the 9/11 Jetliner Crashes and Public Opinions
about Those Who Live Within and Outside the U.S.,” in Homeland Security:
Strategies, Controversies, and Impact, ed. N. Ammar (
49. Spirek, “Meta-Analysis.” 50. Ibid.
51. P. J. Pelto and G. H. Pelto, Anthropological Research: The Structure of Inquiry (Cambridge: Cambridge University Press, 1983); April L. Few, Dionne P. Stephens, and Marlo Rouse-Arnett, “Sister-to-Sister Talk: Transcending Boundaries and Challenges in Qualitative Research with Black Women,” Family Relations 52, no. 3, (2003): 205–16; Z. N. Hurston and C. Kaplan, Every Tongue Got to Confess: Negro Folktales from the Gulf States (New York: HarperCollins, 2001); and Michael D. Kaplowitz, “Statistical Analysis of Sensitive Topics in Group and Individual Interviews,” Quality & Quantity 34, no. 4 (2000): 419–22.
52. I. Sheikh, “9/11 Detainees and Deportees:
Are They Transforming Images of the
53. Sheikh, “9/11 Detainees and Deportees.” 54. Ibid.
57.
63. E. O’Brien, “
67. Parts of this summary were provided by Dr. Das in the form of a 100-word abstract and were posted on the Symposium Web site, http://www.kent.edu/History/may4_1970/democracy/Democracy2004/Abstracts.cfm, retrieved November 9, 2004.
69. R. Curren, “Public Reason and the Foundations
of Security,” in Homeland Security: Strategies, Controversies, and Impact,
ed. N. Ammar (
75. S. Collins, “Culture on the Front Lines:
National Character, Evolution and Emergence,” in Homeland Security:
Strategies, Controversies, and Impact, ed. N. Ammar (
82. T. Berard, “Comparative Perspectives on
Democracy and Homeland Security: Commentary,” in Homeland Security:
Strategies, Controversies, and Impact, ed. N. Ammar (
85. Berman, Terror and Liberalism, 4.
86. Ibid.; Berard, “Commentary.” 87. Berard, “Commentary.” 88. Ibid.
90. Bill Schroeder Shot and Killed on May 4, 1970. http://may4archives.org/bil–l–_ schroeder.html, retrieved November 9, 2004.