What about the mapping and monitoring of Muslim-owned businesses and restaurants in the city of Newark? There was no report of wrongdoing at any of them and no wrongdoing found. One clever Gawker.com reporter satirized this activity by taking pages out of the 60 page report obtained and publicized by the Associated Press and showing how it could be read as if it were a Zagat's Guide to Halaal Dining in Newark. [ http://gawker.com/5887289/the-nypd-zagat-guide-to-newarks-best-and-most-threatening-muslim-restaurants ]
One commentator noted that some of the information recorded
during this process was wrong and could easily have been corrected simply by
asking someone. However, since the operation was secret, no such questions
could be asked.
This speaks to an issue that first surfaced shortly after
passage of the U.S.A. Patriot Act in October 2001. By creating fear among the
Muslim community, the law also discouraged people from stepping forward in the
event there was something suspicious to report. Instead of resulting in more
cooperation with the Muslim community which has led to the apprehension of 40%
of all terror suspects since 9/11, the law made it more difficult for
information to be obtained. In the matter of determining if any threats exist,
cooperation would be far more effective than confrontation. Unfortunately, documents obtained by the American
Civil Liberties Union (ACLU) showed that outreach efforts by law enforcement
agencies have been exclusively information-gathering exercises, rather than
partnerships built on trust.
The U.S. Constitution contains no provisions for its
suspension and must remain in effect, even when it is the most difficult to
uphold. Even under the worst of circumstances, the First Amendment and Fourth
Amendments to the U.S. Constitution must be upheld. The First Amendment
guarantees protection of five liberties, three of which are impacted by NYPD's
surveillance: the freedom of speech, the freedom to exercise one's religion,
and the freedom to peaceably assemble. The Fourth Amendment guarantees
protection against unreasonable searches and seizures. Reasonable is defined as
one for which a warrant has been issued based on probable cause. The NYPD's
surveillance has had a chilling effect on Muslims' first amendment rights and
has completely made irrelevant the requirement for a warrant to be issued based on
probable cause.
Violation of the U.S. Constitution is something that should concern ALL of us. For this reason, all of us should be concerned about the activities of the NYPD and should join the Muslims' call for a U.S. Department of Justice investigation into these activities. We are neither stronger nor more secure as a nation because of the NYPD's secret surveillance program.
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