9,728mm B O L D V I S I O N S I N E D U C AT I O N A L R E S E A R C H Civics Education for the 21st Century Mordechai Gordon (Ed.) Quinnipiac University, Hamden, CT Reclaiming Dissent is a unique collection of essays that focus on the value of dissent for the survival of democracy in the United States and the role that education can play with respect to this virtue. The various contributors to this volume share the conviction that the vitality of a democracy depends on the ability of ordinary citizens to debate and oppose the decisions of their government. Yet recent history in the United States suggests that dissent is discouraged and even suppressed in the political, cultural and educational arenas. Many Americans are not even aware that democracy is not primarily about voting every four years or majority rule, but about actively participating in public debates and civic action. This book makes a strong case for the need to reclaim a tradition in the United States, like the one that existed during the Civil Rights Era, in which dissent, opposition, and conflict were part of the daily fabric of our democracy. Teacher educators, teacher candidates, new teachers, and educators in general can greatly benefit from reading this book. Reclaiming Dissent Reclaiming Dissent B O L D V I S I O N S I N E D U C AT I O N A L R E S E A R C H Reclaiming Dissent Civics Education for the 21st Century Mordechai Gordon (Ed.) Mordechai Gordon (Ed.) ISBN 978-90-8790-884-3 SensePublishers SensePublishers BVER 27 Reclaiming Dissent Bold Visions in Educational Research Volume 27 Series Editors: Kenneth Tobin, The Graduate Center, City University of New York, USA Joe Kincheloe, McGill University, Montreal, Canada Editorial Board: Heinz Sunker, Universität Wuppertal, Germany Peter McLaren, University of California at Los Angeles, USA Kiwan Sung, Woosong University, South Korea Angela Calabrese Barton, Teachers College, New York, USA Margery Osborne, Centre for Research on Pedagogy and Practice Nanyang Technical University, Singapore W.-M. Roth, University of Victoria, Canada Scope: Bold Visions in Educational Research is international in scope and includes books from two areas: teaching and learning to teach and research methods in education. Each area contains multi-authored handbooks of approximately 200,000 words and monographs (authored and edited collections) of approximately 130,000 words. All books are scholarly, written to engage specified readers and catalyze changes in policies and practices. Defining characteristics of books in the series are their explicit uses of theory and associated methodologies to address important problems. We invite books from across a theoretical and methodological spectrum from scholars employing quantitative, statistical, experimental, ethnographic, semiotic, hermeneutic, historical, ethnomethodological, phenomenological, case studies, action, cultural studies, content analysis, rhetorical, deconstructive, critical, literary, aesthetic and other research methods. Books on teaching and learning to teach focus on any of the curriculum areas (e.g., literacy, science, mathematics, social science), in and out of school settings, and points along the age continuum (pre K to adult). The purpose of books on research methods in education is not to present generalized and abstract procedures but to show how research is undertaken, highlighting the particulars that pertain to a study. Each book brings to the foreground those details that must be considered at every step on the way to doing a good study. The goal is not to show how generalizable methods are but to present rich descriptions to show how research is enacted. The books focus on methodology, within a context of substantive results so that methods, theory, and the processes leading to empirical analyses and outcomes are juxtaposed. In this way method is not reified, but is explored within well-described contexts and the emergent research outcomes. Three illustrative examples of books are those that allow proponents of particular perspectives to interact and debate, comprehensive handbooks where leading scholars explore particular genres of inquiry in detail, and introductory texts to particular educational research methods/issues of interest. to novice researchers. Reclaiming Dissent Civics Education for the 21st Century Mordechai Gordon Quinnipiac University, Hamden, CT, USA SENSE PUBLISHERS ROTTERDAM/BOSTON/TAIPEI A C.I.P. record for this book is available from the Library of Congress. ISBN 978-90-8790-884-3 (paperback) ISBN 978-90-8790-885-0 (hardback) ISBN 978-90-8790-886-7 (e-book) Published by: Sense Publishers, P.O. Box 21858, 3001 AW Rotterdam, The Netherlands http://www.sensepublishers.com Printed on acid-free paper All Rights Reserved © 2009 Sense Publishers No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. For Joe Kincheloe Who filled the world with insight, hope and unmitigated joy. ACKNOWLEDGEMENTS First of all, I would like to thank Peter de Liefde, my publisher at Sense Publishers, who has given me a tremendous amount of support throughout the work on this book. It has been a pleasure to work with Peter on this project. I would like to personally acknowledge all the contributors to this volume: Marvin Berkowitz, Sean Duffy, Gloria Holmes, Michael James, Bill Puka, Sarah Stitzlein and Joel Westheimer. This book would not have been possible without their dedication and efforts to bring it to fruition. Finally, I want to thank my wife, Gabriela Gerstenfeld, who since she often disagrees with me, has helped me come to appreciate the value of dissent. vii CONTENTS Introduction Mordechai Gordon 1 Part I DISSENT UNDER ATTACK 1 The Meaning and Value of Dissent in a Democratic Society Mordechai Gordon 2 Historical, Political, and Legal Efforts to Squash Dissent in the United States Sean P. Duffy 27 “But They Chose Segregation:” A Case Study of Mexican Immigrant Resistance in California Michael E. James 49 Unfit for Mature Democracy: Dissent in the Media and the Schools Joel Westheimer 65 3 4 11 Part II DISSENT AND EDUCATION 5 Dissent: Pulling Teachers off the Sidelines and Back Into the Democratic Game Sarah Stitzlein 6 Dissent and Character Education Marvin W. Berkowitz and Bill Puka 7 Power Concedes Nothing without Demand: Educating Future Teachers about the Value of Dissent in a Democratic Society Gloria Graves Holmes 8 Toward a Pedagogy of Dissent Mordechai Gordon 89 107 131 153 About the Contributors 167 ix MORDECHAI GORDON INTRODUCTION The first amendment of the United States Bill of Rights states that: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging 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. There is little doubt that the founding fathers of the United States were aware of the value of dissent for the life of a democracy when they decided to mandate, in the very first amendment of the Constitution, the fundamental human right of free speech. For freedom of speech, as the first amendment is written, implies a commitment by the government to value diverse opinions, the ability to demonstrate and voice opinions that are not popular, and the right to dissent against a government decision or law. However, recent events in the Unites States suggest that the government has not lived up to its promise to protect and value dissent. For instance, the 2001 USA PATRIOT Act has legitimized the use of warrantless wiretaps, expanded the use of detentions, and led to the restrictions on the access of the media and protestors to the President and other national and world leaders. In this way, this Act has made it more difficult to organize and voice opposition to the actions of the government like the war in Iraq, since ordinary citizens may now be more afraid of being targeted. More importantly, the PATRIOT Act has led to a weakening of the spirit of dissent in the United States by creating an atmosphere in which any opposition to laws or actions that are intended to “defend” America are deemed unpatriotic or un-American. Besides the United States government, the mainstream media has also played a key role in undermining dissent in this country. For one thing, analysis from critics such as Noam Chomsky, Amy Goodman, and Seymour Hirsch is noticeably absent from the opinion pages of our major newspapers. Equally troubling, is the fact that the mainstream media does not cover many of the burning issues like healthcare, immigration or the wars in Iraq and Afghanistan in a thorough and balanced way. Many important issues that are raised by the media are covered in a cursory and often biased manner, M. Gordon (ed.), Reclaiming Dissent: Civics Education for the 21st Century, 1–7. © 2009 Sense Publishers. All rights reserved. GORDON thereby giving their audience a superficial picture of the problem. Moreover, the mainstream media like to pretend that they are merely reporting the news; they are not typically aware of the fact that they also serve as knowledge producing agencies. The point is that most of the media in the United States not only do not cover the voices of opposition, but also, through their surface coverage of important news items, reduce the likelihood that ordinary citizens will rise up to engage in acts of dissent. Finally, the education system in the United States shares the blame for not helping students develop critical thinking skills and learn about the value of dissent in a democratic society. As John Gatto (2002) writes in his book Dumbing Us Down: The Hidden Curriculum of Compulsory Schooling. The logic of the school-mind is that it is better to leave school with a tool kit of superficial jargon derived from economics, sociology, natural science, and so on than with one genuine enthusiasm. But quality in education entails learning about something in depth… Meaning, not disconnected facts, is what sane human beings seek, and education is a set of codes for processing raw data into meaning. Behind the patchwork quilt of school sequences and the school obsession with facts and theories, the age-old human search for meaning lies well concealed. (pp. 3–4) Thus, most schools in this country still emphasize the study of disconnected facts and isolated skills rather than getting students to learn about important issues in depth. As Gatto noted, students leave these institutions with very little enthusiasm to engage in the kind of thorough examination of issues and civic action that are essential for a thriving democracy. This book focuses on the value of dissent for the survival of our democracy and the role that education and schooling can play with respect to this virtue. The idea for this book comes out of my interest in politics and education and my deep concern about the erosion of democracy in the United States in the last several decades. One of the most striking characteristics of this erosion is the fact that dissent is discouraged and even suppressed in the mainstream media, in our public schools, and in public debates in general. Particularly troubling is the way in which conservative leaders and groups are pushing schools to support their reactionary agenda, one that emphasizes standardization, traditional notions of authority, and blind patriotism. Such an agenda undermines the development of those skills and facilities students need to become critical and active citizens in a democracy. As a result, the meaning and value of dissent for the life of a democracy is lost upon most students and citizens in the United States. Indeed, as one of the key democratic virtues, dissent seems to be all but forgotten in this country. 2 INTRODUCTION Most books on civics or democratic education fall into three general categories. The first category attempts to address the following questions: Who should have the authority to shape the education of future citizens? Why should they enjoy this authority? And what are the democratic purposes of public schooling? A good example of this approach to civics education is Amy Gutmann’s (1987) well known book Democratic Education. In this book, Gutmann explores the practical implications for educational policy in the United States of a democratic theory of education. Another set of books on civics and democratic education is one that examines the state of education in our democracy with respect to all the citizens, in particular those people that are traditionally excluded or marginalized. These books generally argue that the well-being of the American democracy requires a good education for all, not some, of its citizens and that a worthy education cannot discriminate on the basis of race, gender, nationality, religion, lifestyle, physical disability, and so forth. For instance, Goodlad, Mantle-Bromely and Goodlad (2004) argue that “the provision of total inclusion is a moral imperative in a democracy and,…, a practical necessity for the health of all and for the continued renewal of a democratic culture” (p. 7). A third set of books that deal with the issue of citizenship and democratic education is one that in some way engages the following question: What are the essential capacities or dispositions that young people need to have in order to engage in democratic activities such as deliberation and action? Patricia White’s (1996) Civic Virtues and Public Schooling: Educating Citizens for a Democratic Society is an example of a book that addresses this question in depth. In her book, White identifies hope, confidence, courage, self-respect and self-esteem, friendship, trust, honesty and decency as those “dispositions that democrats need but that have to be shaped to take a particular form in a democratic society” (p. 3). White devotes a full chapter to explaining what each of these dispositions entails as well as how educational institutions might cultivate these virtues in students. Reclaiming Dissent: Civics Education for the 21st Century does not fall into any of the above categories of books that deal with civics and democratic education. The uniqueness of this book is in its focus on only one democratic virtue (dissent), which the authors use as a lens to consider the issue of a worthy education in a democratic society. This book is divided into two main parts, each of which includes four chapters. Part one, examines the value of dissent for a democracy as well as historical and current efforts to suppress dissent in the United States. The contributors to part one highlight both the efforts to contain resistance to the government and some successful attempts to oppose its policies and practices. Part two focuses on the 3 GORDON implications for education and teaching that can be gleaned from a pedagogical approach that embraces dissent as a democratic virtue. In chapter one, “The Meaning and Value of Dissent in a Democratic Society,” Mordechai Gordon asserts that consensus destroys democracy and that a democratic society can only flourish to the extent that dissent becomes an integral part of its underlying structures and processes. Gordon begins his discussion by exploring the benefits as well as the limitations and dangers that consent poses for a democratic society. Next, he examines the meaning and value of dissent by focusing on the lessons we can learn about dissent from the examples of three famous dissidents: Socrates, Thoreau, and Angela Davis. In the last part of his chapter, Gordon reflects on a number of limitations of dissent as well as on the main differences between reasonable and thoughtless dissent. In the next chapter, “Historical, Political, and Legal Efforts to Squash Dissent in the United States,” Sean Duffy argues that the suppression of dissent in American civic culture is fundamentally tied to national cultural traits such as xenophobia, a desire for conformity, and a fundamental distrust of radical movements and beliefs. In his chapter, Duffy shows that throughout American history, legal and governmental efforts to squash dissent have been most fervent in times of national crisis characterized by increasing levels of immigration, economic recession and involvement in outside conflict. At such times, governments at all levels can outstrip Constitutional checks to suspend individual civil liberties particularly with regard to immigrants, non-nationals and radical organizations. Duffy’s chapter traces such impulses from the first period of xenophobic crisis in the 1790s through the Red Scares of the early 20th Century and the more recent reactions to the attacks on the World Trade Center and Pentagon in 2001. Chapter three by Michael James is titled “But they chose segregation: A Case Study of Mexican Immigrant Resistance in California.” In this chapter, James argues that the history of dissent in American education is not confined to highly publicized, large scale mass protests but can often be embedded within covert actions that all too frequently go undetected by the dominant culture. Relying on the seminal work of political anthropologist James Scott, this chapter analyzes the ways subordinate communities protest asymmetrical relations of power without risking direct confrontation. By examining one case study in detail—Mexican immigrant workers in turnof-the-century Pasadena, California—James illustrates how resistance to oppression is articulated by those who have little means of formal participation within the political process. In his contribution to the book, “Unfit for Mature Democracy: Dissent in the Media and the Schools,” Joel Westheimer examines the role of the 4 INTRODUCTION media in revealing or concealing dissent following the September 11, 2001 attack on the United States and the impact of this attack on schools. Through an examination of media trends, civic education policies, and curricular changes during the seven ensuing years, Westheimer’s chapter focuses on the place of dissent in democratic societies and the threats to democratic deliberation resulting from an ever-narrowing civic agenda. Westheimer’s chapter asks what we might demand of the media and the schools for a proper “mature democracy” to flourish. The remaining four chapters of this volume focus on what a pedagogical approach that embraces dissent might mean for the education of democratic citizens. In chapter five, “Dissent: Pulling Teachers off the Sidelines and Back into the Democratic Game,” Sarah Stitzlein claims that political dissent as an art of democracy is at risk in the current age of accountability and standardization, as well as in the larger culture of anti-intellectualism and enforced consensus. Drawing upon the work of famous dissidents and teacher interviews, Stitzlein describes processes for teaching skills of dissent as teachers themselves engage in opposition to problematic aspects of the No Child Left Behind Act. She highlights civics education as one key location for the cultivation of skills of dissent within students. Stitzlein concludes her chapter with a call for teachers to both develop and demonstrate dissent within schools as they guide students through learning the structural and cultural components of democracy. In Chapter six, “Dissent and Character Education,” Marvin W. Berkowitz and Bill Puka assert that dissent is a necessity in a self-governing society and that the inclination and capacity for dissent can be understood as an aspect of an individual’s character. Berkowitz and Puka maintain that schools in democracies have long been understood to carry a major part of the charge for socializing the character of each subsequent generation. Therefore, character education should be targeted in part toward education for the character of dissent. In their chapter, Berkowitz and Puka examine the character of dissent and how it can be promoted, especially in schools. They offer a taxonomy of eight core aspects of the character of dissent and how each can be promoted pedagogically. They conclude with an examination of three school-based programs, which while not all claiming to promote the character of socially-responsible dissent, may nonetheless be construed as doing so. Chapter seven by Gloria Holmes is entitled “Power Concedes Nothing without Demand: Educating Future Teachers about the Value of Dissent in a Democratic Society.” In her chapter, Holmes shows that multicultural education simultaneously embodies dissent and the promise of democracy, while providing one of the most important and controversial challenges to 5 GORDON American education in the 21st century. Beginning with an historical overview that begins with the 1630 myth of America as a shining “city on a hill,” she discusses the origins of America’s dream as a place that values individual rights and embraces diversity and multiple perspectives. Holmes then moves to a discussion of the dynamics of dominant privilege, a concept essential to any discussion of diversity, dissent and multicultural education. The chapter includes a case study centered on a discussion of race as well as excerpts from journals of teacher candidates, which reveal the impact of multicultural education on their belief systems. Holmes concludes her chapter by showing that becoming a multicultural educator is a transformative and potentially life-changing process because it requires one to critically examine personal beliefs and to understand how those beliefs inform classroom practice. In the final chapter of this book, “Toward A Pedagogy of Dissent,” Mordechai Gordon takes a close look at a number of examples of several teachers and one school that have attempted to cultivate students who are critical thinkers and responsible dissenters. Gordon begins his analysis by considering some of the difficulties, which those educators in the United States who are committed to fostering dissent are likely to encounter. He then presents a number of things that various teachers and one school have done to foster dissent in their classrooms. Gordon concludes his chapter by reflecting on the lessons that can be gleaned from these cases for a worthy education in a democratic society. The various contributors to this volume share the conviction that the vitality of a democracy depends on the ability of ordinary citizens to debate and oppose the decisions of their government. Yet recent history in the United States suggests that dissent is discouraged and even suppressed in the political, cultural and educational arenas. Many Americans are not even aware that democracy is not primarily about voting every four years or majority rule, but about actively participating in public debates and civic action. Democracy is about protecting the rights of minorities, respecting diverse viewpoints, values and lifestyles, and cherishing the fundamental right to dissent. We need to reclaim a tradition in the United States, like the one that existed during the Civil Rights Era, in which dissent, opposition, and conflict were part of the daily fabric of our democracy. As I write this Introduction, Barack Obama has just been elected the 44th President of the United States. The grass roots movement that he inspired and mobilized is a sign that there is hope and hunger in this country for a new type of politics, one which values the contributions that ordinary Americans can make in bringing about social change. My hope is that the mass movement, which helped elect the first African American President in the United States, will not be content to remain idle, marveling in its victory. 6 INTRODUCTION Far more important than the unprecedented results of this election, is the prospect that civic engagement and dissent will once again become part of the everyday fabric of the United States democracy. REFERENCES Gatto, J. T. (2002). Dumbing us down: The hidden curriculum of compulsory schooling. Gabriola Island, BC: New Society Publishers. Goodlad, J. I., Mantle-Bromley, C., & Goodlad, S. J. (2004). Education for everyone: Agenda for education in a democracy. San Francisco, CA: Jossey Bass. Gutmann, A. (1987). Democratic education. Princeton, NJ: Princeton University Press. White, P. (1996). Civic virtues and public schooling: Educating citizens for a democratic society. New York: Teachers College Press. 7 Part I Dissent Under Attack MORDECHAI GORDON THE MEANING AND VALUE OF DISSENT IN A DEMOCRATIC SOCIETY “Consensus destroys democracy!” (Dr. Luis Alberto Lacalle, Former President of Uruguay, 1998) INTRODUCTION Anyone who has taken the time to watch the State of the Union addresses in the last eight years may have noticed that there is something terrifyingly similar between the way in which the senators and representatives responded to the President’s remarks and how the Chinese parliament members reacted to Mao’s speeches in the middle part of the twentieth century. Those long pauses of almost unanimous stand-up applause every couple of minutes are reminiscent of the footage depicting the great adulation that Mao received during the heyday of Communist China five decades ago. To be sure, the State of the Union speech is a carefully scripted spectacle, including audience members who are hand-picked to create a feeling of pride, strength, and patriotism. But it seems to me that this event should also give us reason to pause and reflect on what is happening to the American democracy today. In particular, we need to take a serious look at the dangers that the lack of dissent in the United States poses to the strength of our public schools, the power of our free press, and the integrity of our political institutions. By dissent, I mean the rejection of the views that the majority of people hold. To dissent implies to disagree with or withhold consent from a proposal, law, or an action of a government or a group of people in power. Dissent is usually associated with difference of opinion, disagreement and nonconformity with conventional views or sentiments. The list of famous dissidents includes people such as Gandhi, Martin Luther, Rosa Parks, and Salman Rushdie, to mention only a few. These dissidents were individuals who were willing to sacrifice personal comfort and security for the sake of exposing some serious social problem and establishing a more humane and democratic society. To illustrate my point about the dangers that the decline of dissent poses for the American democracy, it is useful to look at the war in Iraq. It is well known that almost all the Senators and Representatives from both parties M. Gordon (ed.), Reclaiming Dissent: Civics Education for the 21st Century, 11–26. © 2009 Sense Publishers. All rights reserved. GORDON supported the initial invasion of Iraq in March of 2003, despite the lack of evidence to substantiate the administration’s claims that Saddam Hussein was amassing weapons of mass destruction and that he intended to use these weapons against the West. It is also well known that the majority of people in the United States did not support the preemptive invasion of Iraq without the U.N. approval, even though the administration went to great length to create an atmosphere of fear and panic in this country following the terrorist attacks of September 11th, 2001. Less well known is that the mainstream media in the United States sounded the war drums prior to the invasion of Iraq, downplayed the amount of dissent that existed for this war among ordinary people and grass root organizations, and gave much more air time to people who supported the war than to those who opposed it.1 Today, six years after the invasion of Iraq, when it is clear that the United States has thrust itself into something that it does not know how to get out of, there is still not enough informed debate among politicians, the press, and ordinary people about the colossal failure of this offensive. During the first two years after the invasion, even public news networks like NPR and PBS rarely questioned whether or not the United States should even be in Iraq, reserving their criticism to specific shortcomings of various military, civic, and humanitarian operations in that country. In short, there seems to be a tacit assumption—shared by politicians, media leaders and even some prominent college professors—that dissent is incompatible with patriotism and that support for this country means not challenging the decisions of the government too much. In contrast, in this chapter I argue that consensus destroys democracy and that a democratic society can only flourish to the extent that dissent becomes an integral part of its underlying structures and processes. I begin my discussion by exploring the benefits as well as the limitations and dangers that consent poses for a democratic society. Next, I examine the meaning and value of dissent by focusing on the lessons we can learn about dissent from the examples of three famous dissidents: Socrates, Thoreau, and Angela Davis. In the last part of this chapter, I reflect on a number of limitations of dissent as well as on the main differences between reasonable and thoughtless dissent. THE PROBLEM WITH CONSENT Every society, including a democratic one, cannot exist and thrive without some beliefs and values that its citizens share. As Alexis de Tocqueville (2000) noted: 12 THE MEANING AND VALUE OF DISSENT For without common ideas there is no common action, and without common action men still exist, but a social body does not. Thus in order that there be society and, all the more, that this society prosper, it is necessary that all the minds of all the citizens should be brought and held together by some principal ideas; and this cannot happen unless each of them sometimes comes to draw his opinions from one and the same source and unless each consents to receive a certain number of ready-made beliefs. (p. 407) For Tocqueville, who was intrigued by the fledgling democracy in the United States, the society he traveled through in 1831 could not exist unless its citizens held in common certain core principals and values like equality and freedom. Such basic principles and values are normally accepted or taken for granted by citizens rather than questioned or challenged. In Tocqueville’s view, the taken-for-granted beliefs and values are necessary not only for the existence of society but also for the well being of individuals. “If man were forced to prove to himself all the truths he makes use of every day,” Tocqueville wrote, “he would never finish. He would exhaust himself in preliminary demonstrations without advancing” (pp. 407–408). Given both time constraints and the limits of an individual’s intelligence, each person is forced to take on trust a host of facts and beliefs that one has neither the time nor the power to verify for oneself. On the basis of these accepted facts and beliefs, each individual creates for himself or herself a set of opinions and values, yet the groundwork for these views is usually never questioned. Tocqueville believed that this condition is not only necessary but also desirable since otherwise each individual would be condemned to finding out everything for oneself, making it almost impossible to explore any topic in depth. Yet, while Tocqueville recognized the benefits for both society and individuals of having some shared ideas, he was also keenly aware of the dangers that the taken-for-granted beliefs pose for the citizens of a democracy. He emphasized that the public, by which he meant the majority opinion, does not try to persuade the minority of the validity of its beliefs. Rather, “it imposes them and makes them penetrate souls by a sort of immense pressure of the minds of all on the intellect of each” (p. 409). Thus, Tocqueville was concerned that the majority viewpoint in the United States would overshadow minority opinions and that unpopular truths would no longer be spoken. Moreover, he correctly called our attention to the danger of allowing the majority to simply supply individuals with ready-made opinions, thereby relieving them of the obligation to form their own. Not having lived through the age of mass media and their attempt to mobilize support for the powerful elite, it is amazing how Tocqueville was able to 13 GORDON foreshadow how a democratic society such as the United States could willingly induce its citizens to trust the general will and give up thinking. Indeed, when one reads Democracy in America, one is struck by the fact that many of Tocqueville’s observations still hold true today. For instance, he remarked in his discussions on the tyranny of the majority that “I do not know any country where, in general, less independence of mind and genuine freedom of discussion reign than in America” (p. 244). Tocqueville explained that freedom of thought and expression are not limited in the United States as long as one remains within the boundaries that the majority has erected. However, if one dares to cross these boundaries one is likely to face a host of penalties and persecutions: A political career is closed to him: he has offended the only power that has the capacity to open it up. Everything is refused to him, even glory. Before publishing his opinions, he believed he had partisans; it seems to him that he no longer has any now that he has uncovered himself to all; for those who blame him express themselves openly, and those who think like him, without having his courage, keep silent and move away. He yields, he finally bends under the effort of each day and returns to silence as if he felt remorse for having spoken the truth. (p. 244) For Tocqueville, the most pressing problem with the democratic government he witnessed in the United States is the omnipotence of the majority party in relation to the minority. What he feared most, which he calls the “tyranny of the majority,” is that the majority in the United States, because it is so powerful, would easily deny both individuals and groups who are in the minority their basic rights of expression and determination. As he puts it: What I most reproach in democratic government, as it has been organized in the United States, is not, as many people in Europe claim, its weakness, but on the contrary, its irresistible force. And what is most repugnant to me in America is not the extreme freedom that reigns there, it is the lack of a guarantee against tyranny. (p. 241) Perhaps Tocqueville is exaggerating the power of the majority in the United States to control public opinion, open discussion, and individual expression. But it seems to me that it is difficult to disregard his argument that the governing party in the United States together with the mass media go to great length to squelch dissenting opinions and limit the discussion to those parameters that they deem legitimate to talk about. Indeed, Edward Herman and Noam Chomsky refer to the practice of shaping public opinion and squelching dissent as “manufacturing consent.” Unlike the common view 14 THE MEANING AND VALUE OF DISSENT that the media in the United States are independent and committed to discovering and reporting the truth, Herman and Chomsky (1988) assert that it is more accurate to say that the mainstream media tend to reflect the world as powerful groups wish it to be perceived: Leaders of the media claim that their news choices rest on unbiased professional and objective criteria, and they have support for this contention in the intellectual community. If, however, the powerful are able to fix the premises of discourse, to decide what the general populace is allowed to see, hear, and think about, and to “manage” public opinion by regular propaganda campaigns, the standard view of how the system works is at serious odds with reality (p. xi). Much like Tocqueville, Herman and Chomsky are deeply concerned about the way in which the powerful groups in this country use their influence to control information, dominate public discussions, and suppress dissenting viewpoints. To illustrate this point, consider the case of the war in Iraq mentioned above. In a speech given on October 7th 2003, Chomsky argues that starting in September of 2002, there was an active propaganda campaign initiated by the Bush Administration to scare the American public and shape the conversation in such a way that made resistance to invading Iraq unpopular and anti-American. To begin with, Chomsky (2003) reminds us that in early September, National Security Advisor, Condoleezza Rice, warned us that “the next evidence we were likely to have about Saddam Hussein will be a mushroom cloud, presumably over New York.”2 Then on February 5, 2003, Secretary of State, Colin Powell, delivered the famous multimedia presentation at the U.N., using satellite images and intercepted phone calls, to try to convince the world that Hussein was hiding weapons of mass destruction and cultivating links with Al Qaeda. Finally, it has been demonstrated by FAIR (Fairness and Accuracy In Reporting), the media watch group, that in the months and weeks leading up to the invasion of Iraq, ABC, CBS, NBC and PBS, conducted about 400 interviews with experts about the war. In its study, FAIR concluded that Network newscasts were dominated by current and former U.S. officials and largely excluded Americans who were skeptical of or opposed to an invasion of Iraq. “Of all 393 sources,” the study found, “only three (less than 1 percent) were identified with organized protests or anti-war groups.”3 Following this propaganda campaign, should it come as any surprise that by the end of September of 2002, 60% of the American people regarded Iraq as a serious threat to the security of the United States? Equally troubling, is that in the weeks leading up to the war, about 50% of the population 15 GORDON believed that Iraq was involved in the September 11th attacks on the World Trade Center and the Pentagon. For Chomsky, the irony is that at this same time none of Iraq’s neighbors were afraid of Saddam, neither Kuwait, which Hussein invaded, nor Iran, which experienced an eight-year devastating war with Iraq. “They’re not afraid of him because they know exactly what the U.S. intelligence and everyone else knows – Iraq was the weakest country in the region” (2003). Its economy and population had been devastated by the U.N. sanctions; the country was virtually disarmed and had been under total surveillance for years. What is at stake here is the ability of powerful groups in the United States, including the administration and the mass media, to shape public opinion, manufacture consent, and even induce individuals to give up thinking on their own. Uncritical consent is very dangerous, as Tocqueville warned us, since it undermines some of the core principles of a democratic society such as individual expression, diversity of opinions, and open discussion. In light of Chomsky’s critique, it is evident that uncritical consent among members of congress, the mainstream press, and the American public made it possible for the Bush administration to invade Iraq in 2003, despite making a weak case for this war. In hindsight, one of the most important lessons that we can learn from this war is about the critical role that dissent can play in preventing unwarranted military confrontations. DISSENT FROM SOCRATES TO ANGELA DAVIS Based on the discussion above, it is clear that I think that dissent is indispensable for the life of a democracy and that recent attempts to limit dissent in the United States pose a serious threat to some of our core values. Safeguarding dissent is essential for the welfare of a democracy because it ensures that different and even opposing opinions will be considered before taking action. Moreover, protecting dissent is vital since it guarantees that unpopular viewpoints will be heard rather than silenced. According to this view, arguments and disagreements are important because they force people to think, search for evidence, and come up with convincing reasons for their positions. In what follows, I would like to expand on the meaning and value of dissent by looking at the lessons we can learn from the examples of three famous dissidents: Socrates, Thoreau, and Angela Davis. The story of Socrates as it appears in the dialogues of Plato indicates that he loved to engage in dialogues with his fellow citizens from Athens. Socrates was relentless in his search for the truth. He was an expert at examining the opinions of his dialogue partners and evaluating them from multiple perspectives to see if they hold up to the test of reason and experience. Perhaps this is one of the reasons that the dialogues that 16 THE MEANING AND VALUE OF DISSENT Socrates takes part in so often seem to go around in circles, analyzing the same problem from different points of view, but never really reaching a definitive answer. Yet while it is true that Socrates does not provide us with conclusive definitions of virtue, justice, or love, he does help us gain a better understanding of these very complex and rich concepts. As such, Socrates embodies what it means to be a critical thinker: a person who takes nothing for granted and continuously engages in the process of questioning, doubting, analyzing, and revising his ideas. One of the instances in which Socrates presents his views on dissent is in the dialogue Gorgias. In this dialogue, Socrates engages in a discussion with Gorgias, Polus and Callicles, all famous orators, on the differences between the life of the orator and the life of the philosopher in the context of debating the nature of the moral life. In one of the pivotal moments in the dialogue, Socrates tells Callicles: And yet for my part, my good man, I think that it’s better to have my lyre or a chorus that I might lead out of tune and dissonant, and have the vast majority of men disagree with me and contradict me, than to be out of harmony with myself, to contradict myself, though I’m only one person. (Plato, 1987, p. 52) On the surface, the point that Socrates is making is that we should be careful not to contradict ourselves, that is, that we need to be consistent and logical in our arguments. More importantly, however, is the idea that it is better to be true to oneself and uphold one’s values than to constantly change one’s views so that one would remain popular and not offend others, even though the majority of people might disagree with you. In light of Socrates’ experience, we can see that dissent is frequently related to critical thinking and the search for truth. This is not to say that every dissident is a person who is committed to thinking and finding the truth. Yet historically speaking, dissidents were more often than not people who questioned popular beliefs and refused to take things for granted (e.g. Galileo, Martin Luther King and Nelson Mandela). Moreover, for Socrates, dissent implies a willingness to stand tough against popular beliefs and an eagerness to defend the truth at all cost. In this view, dissent and disagreement are preferable to consent and conformity because the former are likely to lead to a deeper understanding of complex issues like the nature of the good life and whether or not the United States should have attacked Iraq. Consent and conformity, on the other hand, have historically led people to support misguided practices, unethical policies, and even criminal acts (the Holocaust is a case in point)4. 17 GORDON Another instance in which Socrates discusses dissent is when he is forced to defend himself at his trial (Apology). One of the important arguments that Socrates makes at his trial is that dissidents are valuable because they often expose knowledge from which others can greatly benefit: “I think that god put me on the state something like that, to wake you up and persuade you and reproach you every one, as I keep settling on you everywhere all day long” (Rouse, 1965, 436). Conformists, on the other hand, can deprive the public of invaluable information and even tacitly support criminal acts. Cass Sunstein (2003) summarizes this point well: Conformists are often thought to be protective of social interests, keeping quiet for the sake of the group. By contrast, dissenters tend to be seen as selfish individualists, embarking on projects of their own. But in an important sense, the opposite is closer to the truth. Much of the time, dissenters benefit others, while conformists benefit themselves. If people threaten to blow the whistle on wrongdoing or disclose facts that contradict an emerging group consensus, they might well be punished. Perhaps they will lose their jobs, face ostracism, or at least have some difficult months. (p. 6) Dissenters are important for democratic societies not only because they expose various dangerous truths but also because they often speak out and struggle against unjust laws and practices. Here, I think, the example of Henry David Thoreau is instructive. In an introduction to a collection of Thoreau’s writings, Joseph Wood Krutch notes that the slavery question drove Thoreau, who in the earlier part of his life would have been inclined to withdraw from society and immerse himself in nature, to fight against this grave injustice: “To Thoreau, who cherished individual freedom as the most precious of human rights, slavery could not but be the blackest of evils, and so, in time, he was to find himself somewhat incongruously enrolled among the defenders of the active abolitionists” (Thoreau, 1962, p. 13). Indeed, in January of 1848, Thoreau delivered a lecture at the Concord lyceum in which he preached complete, yet nonviolent resistance to any authority which is unjust. Presumably, this lecture became the basis for his famous essay “Civil Disobedience,” which was published the following year. In this essay, Thoreau (1962) declared that respect for the law is evil if it conflicts with respect for fundamental human rights such as freedom: Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once? Men generally, under such a government as this, think that they ought to wait until they have persuaded the majority to alter them. They think that, if they should 18 THE MEANING AND VALUE OF DISSENT resist, the remedy would be worse than the evil. It makes it worse. Why is it not more apt to anticipate and provide for reform? Why does it not cherish its wise minority? Why does it cry and resist before it is hurt? Why does it not encourage its citizens to be on the alert to point out its faults, and do better than it would have them? (p. 92) Here Thoreau clearly suggests that consent to the law of the land is not always a good thing and that there are instances in which it is better to transgress rather than follow unjust decrees. For Thoreau, the government and the majority that support it are not inclined to correct the wrongs since it would mean relinquishing some of their power and changing the status quo. Therefore, it is up to the minority and ordinary citizens to call attention to and struggle against those laws and practices, like slavery, that are blatantly opposed to the basic principals of democracy. As Sunstein writes, Diversity, openness, and dissent reveal actual and incipient problems. They improve society’s pool of information and make it more likely that serious issues will be addressed. I do not deny that great suffering can be found in democracies as elsewhere. There is no guarantee, from civil liberties alone, that such suffering will be minimized… But at least it can be said that a society which permits dissent and does not impose conformity is in a far better position to be aware of, and to correct, serious social problems. (p. 149) One dissident who dedicated her life to the struggle against the oppression of African Americans in the United States is Angela Davis. Davis, a black activist and member of the communist party, became famous during the Civil Rights Era and the Vietnam War, as a vocal advocate of equality for blacks and anti American imperialism. She continuously charged that African Americans and other minorities were systematically discriminated against and oppressed by institutions such as the judicial system in the United States. Davis was arrested several times in large part because of her involvement in the communist party as well as her vocal stance against the United States’ treatment of blacks and its aggression in Southeast Asia. Writing from jail in 1971 about the efforts of people such as Anthony Burns and Marcus Garvey to emancipate Blacks, Davis (1971) notes that: All these historical instances involving the overt violation of the laws of the land converge around an unmistakable common denominator. At stake has been the collective welfare and survival of a People. There is a distinct and qualitative difference between breaking a law for one’s own individual self-interest and violating it in the interests of a class or a People whose oppression is expressed and particularized 19 GORDON through that law. The former might be called criminal (though in many instances he is a victim), but the latter, as a reformist or revolutionary, is interested in universal social change. Captured, he or she is a political prisoner. (p. 29) Here Davis calls our attention to the difference between dissidents and revolutionaries who break the law on behalf of a group of people who are oppressed and unlawful acts committed by individuals to serve their own self interest, such as robbers and murderers. The former are justified, she implies, since political dissidents typically act for the sake of correcting various institutional injustices and bringing about necessary social change. The latter, on the other hand, may rightly be called criminals because they are motivated simply by their own benefit and a desire to harm others. Thus, the distinction between dissidents and criminals hinges on the different goals that drive their respective decisions to break the law. Unlike regular criminals, dissidents, according to Davis, are generally people who act in order to resolve some grave injustice and bring about a better, more humane and democratic society. How would Socrates, Thoreau, and Davis respond to the U.S. invasion of Iraq, mentioned at the beginning of this chapter? Socrates would probably insist that this invasion was guided by erroneous information, a distortion of the facts, and faulty reasoning. Based on his notion that dissidents should be committed to searching for and speaking the truth, Socrates would urge us to explore the real reasons that motivated the United States to attack Iraq. Such an analysis would lead us to reject all of the justifications that the Bush administration gave for its invasion like the notion that Saddam was collecting weapons of mass destruction, that he intended to use these weapons against the U.S. and its allies, and that he was cultivating links with Al Qaeda. In short, a Socratic dissident would most likely come to the conclusion that the invasion of Iraq should be strongly condemned since all of the reasons that the United States’ government gave to justify its actions were shown to be incorrect. In addition to Socrates’ argument, Thoreau would probably say that even if the United States had reliable and accurate intelligence prior to initiating this war, the invasion was still unjustified since the United States was never attacked by Iraq. Given that Thoreau believed that violence is only justified as a last resort, like self defense, he would certainly never approve a preemptive, unprovoked invasion such as this one. For Thoreau, the United States’ invasion of Iraq was unjust not only because it was an unwarranted act of violence, but also because the U.S. failed to follow the legal protocol that exists in the U.N. regarding sanctions and the use of force. Inspired by Thoreau, a dissident of the U.S. invasion would argue that the actions of the 20 THE MEANING AND VALUE OF DISSENT United States were undemocratic because they infringed on the rights of the Iraqi people and a sovereign country. Angela Davis would agree with Socrates and Thoreau’s critique of the actions of the Untied States against Iraq. She would probably add that the U.S. invasion of Iraq was plainly not an act that was prompted by a noble goal aimed at bringing about democracy to that country or establishing a more humane society. On the contrary, Davis would most likely call the invasion a criminal act motivated by self-interest, a lust for oil, and a desire for domination in the region. As a dissident who was deeply concerned about the oppression of minorities in the United States, Davis would challenge the U.S. invasion and occupation of Iraq because of the great suffering and destruction it has brought about for the Iraqi people. She would point out that it is the ordinary Iraqis, not Saddam or his family, who have paid the heaviest price for this war in terms of lives lost and the loss of economic opportunities, not to mention the psychological damage that this war has inflicted. REASONABLE VERSUS THOUGHTLESS DISSENT Although I have argued that dissent is generally a very valuable and even indispensable practice in a democratic society, as a critique or defiance of popular views, dissent should not be celebrated as such. As Sunstein argues, in reality, dissent is not always helpful: Sometimes dissenters lead people in bad directions. And when conformists are doing the right thing, there is far less need for dissent. If scientists have reached the correct conclusions about global warming, pseudo-scientists do us no favors in pushing nutty theories of their own. (p. 7) Global warming is a good example of an issue about which there is a fairly broad consensus among scientists in the field. The majority of scientists believe that global warming is serious, that it is getting worse, and that something significant has to be done about it now in order to avert catastrophe in the future. Still, there are a few scientists, business executives and some prominent politicians in the United States who argue that global warming is not really that serious and that we do not have enough evidence to support the claims of the majority opinion. In this case, the dissent of the latter is more like a refusal to face up to the devastating consequences of the warming of the earth caused by the actions of human beings than an alternative understanding of this problem that is worthy of our attention. It is an attempt to put the short term financial gains of a relatively few individuals over the long term welfare of the human race and the earth. 21 GORDON The case of the war in Iraq discussed in this chapter is another example in which the minority dissenters in the United States seem to be leading the country toward a very dangerous outcome. Even though the majority of Americans believed a couple of years ago that the United States should pull its troops out of Iraq and end its occupation of this country as soon as possible, the Bush administration decided in 2007 to send more American soldiers into Iraq. Remember also that the decision of the Bush administration to support a surge of troops contradicts the recommendations of the Iraq Study Group, which it appointed. Although the surge of American troops in Iraq has had a substantial effect on reducing the amount of sectarian violence, it has had little impact on making this country and the region in general more secure. Much like the case of global warming, the insistence of the Bush administration to maintain the U.S. troops in Iraq illustrates the point that the opinions and actions of the minority dissenters do not always lead to good results. Moreover, there are many cases in which consent and consensus enable people to live in peace and security in a democratic society. For instance, Gary Shiffman (2002) notes that There is a broad consensus that murder is a crime and should be punished by the state. I believe that it risks little to add that in this domain—the criminal code regarding acts of violence—consensus is not only a fact but also a norm. That is, we consider it good and justified that we agree; we believe, I think, that consensus on such matters is at least an overlapping consensus, more likely the mark of civilization or humanity. (p. 182) For Shiffman, the consensus that exists in the United States and other democracies that murder, theft, and other acts of violence are crimes that should be punished is one of the virtues that distinguishes a civilized society from other societies. Those who dissent and commit such crimes are not simply breaking the law but are explicitly hurting other people and undermining the moral backbone of society. Even though many dissenters throughout history have been people who were motivated by just causes such as freedom and equality (e.g. Nelson Mandela and Martin Luther King), there are also quite a few who can be considered villains and monsters (e.g. Osama bin Laden and Hitler among others). So what distinguishes the former dissidents from the latter? What is the difference between Martin Luther King and Osama bin Laden, for instance? To begin with, is the fact that the former was motivated by a very noble cause, namely, ending the racism and discrimination of African Americans in the United States and restoring the humanity of this oppressed 22 THE MEANING AND VALUE OF DISSENT group of people. The latter, on the other hand, seems to be inspired more by a lust for power and a desire for vengeance against the United States than by some worthy causes such as justice or peace. Second, is the point that the “good dissidents” mentioned above realized that in order to bring about the ends they desired, they had to choose means of struggle that were consistent with those ends. Both Nelson Mandela and Martin Luther King elected to use nonviolent methods of resistance rather than violence to combat the institutional racism and discrimination that were rampant in their societies. Both Mandela and King realized that in democracies the means of bringing about social change cannot really be separated from the ends. They understood, in other words, the point that Dewey (1966, pp. 81–99) made in Democracy and Education: that in democratic societies the methods of initiating change have to be consistent with and support the goals that one is seeking. In this view, using tyrannical means to achieve democratic objectives is not only contradictory but also counterproductive. In contrast, the “bad dissidents,” like bin Laden or Hitler, advocated the use of violence, destruction and killing in order to bring about their visions of a better world. Hence good dissidents typically diverge from bad ones in both the ends they strive for and the means they select to achieve these ends. The former embrace democratic values as guiding principle for their actions, whereas the latter prefer despotic tactics to help them achieve their plans and exploits. What we need, then, is a form of dissent that is thoughtful and self-critical rather than dissent for its own sake. In Sunstein’s words, “what we want to encourage is not dissent as such but reasonable dissent, or dissent of the right kind” (p. 91). Sunstein’s point is that a democratic society should encourage open dissent for the sake of exposing problems or unjust laws, considering multiple options, and carefully weighing all the evidence for each option before taking action. In other words, dissent in democracies is valuable to the extent that it can support the democratic process of freedom of speech, exchange of ideas, deliberation and unbiased inquiry. It should not serve as an uncritical defiance of an existing policy for the purpose of simply rejecting it. Paulo Freire (1994) echoes this point when he argues against a kind of unreflective activism or “action for action’s sake” (p. 69). For Freire, reflection and action as instruments of change in a democracy are mutually dependent; action should always be informed by reflection and reflection should always lead to action. In the same way, dissent, as a form of political action intended to bring about change, ought to be thoughtful and intentional. When Rosa Parks refused to give up her seat on the bus in 1955, she wasn’t merely tired or being stubborn. She was deliberately trying to resist a racist 23 GORDON law of segregation, which required blacks to sit in the back of the bus and give up their seats if there were white passengers standing. Park’s example teaches us that thoughtful dissent is usually aimed at transforming some significant social problem and trying to create a better and more humane society. Aside from the distinction between reasonable and unreasonable dissent, we also need to consider how much dissent is optimal in a democratic society. In other words, what is the best mix between consent and dissent? Unfortunately, this question does not have an easy answer that can be applied to all situations. Legally, it is probably best to permit free dissent, but practically speaking, as I have shown, there are forms of dissent like murder or hate speech that cannot be tolerated in a democracy. There are also examples of dissent in the United States—like the refusal to face global warming—that are not based on genuine reflection and a careful evaluation of the evidence. At the same time, there are numerous cases of dissent, both historical and current, that were not only reasonable, but that helped transform this country for the better. Thus, each case of dissent needs to be considered on its own merit. Still, it is probably safe to say that this society suffers from too little dissent rather than too much. How do I know that this is the case? For one thing, the two party system of government in the United States makes it very difficult for independent candidates with fresh perspectives to get equal air time, not to mention get elected to office. Moreover, critics of the American political system like Ralph Nader charge that, practically speaking, there is very little difference between the Republican and Democratic parties since both of them are closely tied to the big corporations and receive large donations from them. Historically speaking, the leaders of the two major parties have rarely taken action that seriously challenged the agendas of the large corporations, like fight for a national healthcare plan or try to reduce our dependence on foreign oil. Analyzing the monopoly of political elites in the United States in the context of public opinion and poll taking, Justin Lewis (2001) concluded that While the more centrist or conservative connotations of poll responses inform public debate, many of the left-leaning, social democratic inclinations suggested by opinion surveys—whether support for universal healthcare, for increases in most forms of social spending, or for limiting the power of large corporations—are generally ignored. (p. 200) Furthermore, the majority of the mainstream media in the United States present the news in a very superficial, one-sided, and mundane way. There 24 THE MEANING AND VALUE OF DISSENT are very few in-depth news programs in the big television networks and even fewer debates among intellectuals about social, political or cultural issues of interest. An atrocity in Africa or Asia gets much less attention than the transgressions of celebrities in this country. Think of the amount of coverage that the Anna Nicole Smith saga received in comparison to the crisis in Darfur. The former is a story about an abused Playboy star that has absolutely no political or social significance, whereas the latter deals with a humanitarian disaster. It would seem that the mainstream media are much more interested in getting the viewers to empathize with the misfortunes of celebrities than to think deeply about important social issues or criticize the policies of the administration. Finally, public schools for the most part do not educate students to be critical thinkers, respectful skeptics and reasonable dissidents. Rather, these institutions teach students to accept the information that is given them without questions, to look for simplistic solutions to complex problems, and to adjust to the status quo. Kathleen Vail (2002) confirms this sentiment when she writes that “some civics and social studies educators worry that by emphasizing the easy side of patriotism, schools are neglecting to show their students the complex and difficult sides of democracy, including of government in their lives” (pp. 14–15). Vail goes on to suggest that there seems to be a vacuum of education about democracy in our schools. The four chapters in the second part of this book attempt to respond to this void by examining the role of dissent in the education of democratic citizens and exploring ways of helping students become critical citizens and thoughtful dissidents. CONCLUSION Despite the various dangers of uncritical dissent discussed above, I strongly agree with the statement of the former president of Uruguay, Lacalle, that “consensus destroys democracy,” cited at the opening of this chapter. Consensus destroys democracy by greatly curtailing the possibility that diverse viewpoints, rigorous discussion and critique—all essential to maintain the democratic process—will play a major role in shaping the direction of the country. And consensus destroys democracy by privileging the majority opinion, ignoring the needs and interests of minorities, and marginalizing the voices of dissent. Ultimately, a society that punishes dissenters for speaking out against a wide range of institutional forms of discrimination, inequalities, and racism cannot be considered democratic. Gary Shiffman echoes this point when he writes that “regimes that purport to represent the people on the basis of perennial and perpetual consensus are generally, and I believe rightly, viewed as undemocratic, or as fake 25 GORDON democracies. Democracy without institutionalized, normative disagreement is simply not democracy” (p. 182). Open dissent is thus one of the essential characteristics that distinguish a democratic society from other societies that are despotic in nature. Indeed, freedom as one of the foundational pillars of a democracy is an empty phrase unless it includes the ability to dissent and disagree with the opinions of others. Without the ability to dissent a society cannot really be considered free. Neither is such a society truly diverse, in the sense of being open to multiple perspectives and beliefs. NOTES 1 2 3 4 See for instance an article in The Washington Post from August 12, 2004 in which the writer admitted that from August 2002 until March 19, 2003 the Post ran more than 140 front page stories that focused heavily on administration rhetoric against Iraq and downplayed critics of the Iraq war. See also the September 8, 2002 article in The New York Times by Michael Gordon and Judith Miller entitled “U.S. Says Hussein Intensified Quest for A-Bomb Parts” in which the authors suggest that Saddam Hussein is renewing his efforts to obtain weapons of mass destruction and downplay the evidence that cast considerable doubts on this claim. Taken from a speech that Chomsky gave at Illinois State University on October 7th, 2003 entitled “Hegemony or Survival: America’s Quest for Global Dominance.” Retrieved 12/6/06 from http://www. democracynow.org/article.pl?sid=03/10/22/1450216&mode=thread&tid=25. See the Action Alert by FAIR entitled “In Iraq Crisis, Networks Are Megaphones for Official Views.” Retrieved 12/6/06 from http://www.fair.org/index.php?page=1628 For a good discussion of the dangers of conformity in the context of the Holocaust see Hannah Arendt’s Eichmann in Jerusalem: A Report on the Banality of Evil, (New York: Penguin Books, 1977); see also Geoffrey Short’s essay “Antiracist Education and Moral Behaviour: Lessons from the Holocaust,” Journal of Moral Education, 28, 1999, 49–62. REFERENCES Arendt, A. (1977). Eichmann in Jerusalem: A report on the banality of evil. New York: Penguin Books. Davis, A. (1971). If they come in the morning: Voices of resistance. London: Orbach and Chambers. Dewey, J. (1966). Democracy and education. New York: The Free Press. Freire, P. (1994). Pedagogy of the oppressed (Myra Bergman Ramos, Trans.). New York: Continuum. Herman, E. S., & Chomsky, N. (1988). Manufacturing consent: The political economy of the mass media. New York: Pantheon Books. Lewis, J. (2001). Constructing public opinion: How political elites do what they like and why we seem to go along with it. New York: Columbia University Press. Plato. (1987). Gorgias (D. J. Zeyl, Trans.). Indianapolis, IN: Hackett Publishing company. Rouse, W. H. D. (1956). Great dialogues of Plato. New York: New American Library. Shiffman, G. (2002). Construing disagreement: Consensus and invective in ‘Constitutional’ debate. Political Theory, 30(2), 175–203. Short, G. (1999). Antiracist education and moral behaviour: Lessons from the Holocaust. Journal of Moral Education, 28, 49–62. Sunstein, C. R. (2003). Why societies need dissent. Cambridge: Harvard University Press. Thoreau, H. D. (1962). Thoreau: Walden and other writings (Joseph Wood Krutch, Ed. & Intro.). New York: Bantam Books. Tocqueville, Alexis De. (2000). Democracy in America (H. C. Mansfield & D. Winthrop, Trans. & Ed.). Chicago: The University of Chicago Press. Vail, K. (2002). Lessons in democracy. American School Board Journal, 189(1), 14–19. 26 SEAN P. DUFFY HISTORICAL, POLITICAL, AND LEGAL EFFORTS TO SQUASH DISSENT IN THE UNITED STATES “Political repression [is] not episodic and cyclical… but rather at the center of the national experience.” William Preston, Jr. (Preston, 1994, p. 279) William Preston first published his seminal work linking the suppression of dissent with fundamental strains of anti-radicalism and xenophobia in 1963, immediately in the wake of what was at the time the nation’s latest bout of extreme political and legal efforts to squash dissent. In profiling the antiradicalism of an earlier time (1880–1920), Preston established what he believed to be a constant factor in American political history: the impulse to suppress the extremes of civic discourse in the name of protecting democracy. Following Preston, I will be using the notion of “anti-radicalism” throughout this chapter to refer to the efforts to control and censor individuals or groups that attempted to speak out and dissent against the actions of the government. Preston’s lessons are no less important to us nearly fifty years later, as the patterns he described are clearly visible in American national life 100 years after the period he studied. This chapter will outline the fundamental factors in American civic culture that Preston identified, then detail several historical “high points” of the emergence of these factors into civic life, and conclude with an examination of the different tools government – at the local, state, and federal levels – has historically used to suppress dissent. ANTI-RADICALISM IN AMERICAN CIVIC CULTURE From the earliest days of the American Republic, dissent has been associated with radicalism, which in turn has been seen as a threat to the republic. The suppression of dissent has ebbed and flowed with anti-radicalism and nativist—anti-foreigner or anti-immigrant—sentiments. These factors have often been augmented by domestic economic difficulty or the involvement of the United States in foreign conflict. Jules Boykoff (2007), in his work detailing the complicity of government, the media and popular culture in the suppression of dissent, places this suppression in the context of the M. Gordon (ed.), Reclaiming Dissent: Civics Education for the 21st Century, 27–48. © 2009 Sense Publishers. All rights reserved. DUFFY classic tradeoff between freedom and security: “The state, in concert with the mass media, delimits what are considered ‘appropriate’ words and deeds during ‘exceptional’ moments when state action is ostensibly needed to install order” (p. 17). The association of disorder with radicalism of a foreign origin often results in local, and ultimately federal, anti-immigrant efforts including the denial of legal rights (such as the habeas corpus right, the right to legal representation, and the right to appeal) and the use of deportation. This focus on the immigrant is partly cultural and partly legal. On the one hand, American culture is characterized by a xenophobia that so easily associates radicalism with ‘un-Americanism’ and the foreigner. On the other hand, the constitutional rights of non citizens are ambiguous, and therefore the easiest to target through legislation and executive action. Consequently, throughout history, periods of anti-radicalism in American culture have been closely associated with anti-immigrant efforts by all levels of government. The period encompassing the late 19th and early 20th centuries provides ample illustration for the general pattern. It is this period that forms the basis of Preston’s work on the anti-radicalism associated with late-19th century anarchism and the rise of socialist-inspired workplace actions associated with the Industrial Workers of the World (IWW or Wobblies) in the first two decades of the 20th century. The period began with the massive immigration of populations new to the United States in the 1880s and 90s, and contained two fairly substantial economic shocks. At the same time, anarchists were responsible for several high-profile assassinations of world leaders, culminating with the assassination of President McKinley in 1901. In addition, changes in the workplace associated with rapid Industrialization created social pressures that resulted both in the Progressive Movement and the rise of workplace activism and efforts to organize labor. Finally, the period ended with American involvement in World War I, and a reaction to the rise of Bolshevism in Europe and the Russian Revolution. The coincidence of all these factors—the threat of anarchism/Bolshevism, workplace agitation and the economic threat posed by socialist ideology, the social disruption posed by the influx of ‘unassimilated’ immigrants, and the nation’s involvement in a foreign war—led to wide scale local and federal efforts to suppress perceived threats. These efforts targeted immigrants and organized labor, particularly the IWW, and culminated in the “Palmer Raids” associated with the Red Scare of 1919–1920, following World War I. As the 20th century progressed, however, additional factors contributed to the manifestation of this pattern of anti-radicalism and the social and political responses to it. First, the Cold War allowed for a more 28 EFFORTS TO SQUASH DISSENT comprehensive development of the Manichean impulse to divide the world into spheres of good and evil, with the United States as a standard bearer for good, opposing the evil world outside its borders. Always implicit in American culture,1 this fundamental feeling of exceptionalism morphed during the Cold War into a distinction between two spheres: the “free world” (of which the U.S. was the leader) and “godless communism.” The echo of this division was quite clear in George W. Bush’s September 20, 2001, address to the American people: Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists. From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime (Bush G.W., 2001). This division of the world into good and evil amplifies the tendency so present in American culture to vilify the alien or the foreigner: that which is external to, or different from, the consensus. This impulse all too easily leads to the conflation of an alien threat with domestic dissent. The Cold War struggle also had the effect of altering the Constitutional balance between the executive, legislative and judiciary branches. It has long been a truism that when the country is under attack or in crisis, the nation “rallies around the flag.” This generally means rallying around the leadership of the President in his role as commander-in-chief of the U.S. military; it also often means the willingness of the two other branches of government to allow the Executive to lead with policy to address the crisis. This alters the constitutional balance between the three branches: Congress cedes responsibility for foreign policy to the Executive, and the Judiciary – always a reactive branch—can find itself months, or years behind in its ability to address a quickly-changing public policy realm. The U.S. constitutional arrangement—what constitutional scholar Edwin Corwin characterized as “an invitation to struggle”—can become decidedly Executive-led; in times of crisis, Congress often merely amplifies, with hastily-drafted and minimally-opposed legislation, the national climate that calls for suppression and executive action. By emphasizing an external threat, the long period of the Cold War helped to establish and ensconce an “Imperial Presidency,” strengthening the tools available to the executive branch in its quest to preserve domestic order and protect the homeland from external threat. The threat associated with that which is foreign or disloyal to mainstream American culture and politics is all too often conflated with “radical” dissent in the domestic realm. As Boykoff (2007) noted, “The First, Fourth, and Fifth Amendments 29 DUFFY to the Constitution are often retracted, if temporarily, in the name of national security” (p. 25). He continues: While the U.S. Constitution affirms the freedom of speech, assembly, and the petitioning of grievances, in reality the state has regularly trampled these rights when it comes to dissenters. This has especially been the case during times of war. In these moments, which include declared wars and metaphorical wars such as the ‘War on Terrorism,’ dissent is cast by the state as disloyalty, and in some cases disloyalty that crosses the line into illegality… the First Amendment (freedom of speech, assembly, and the right to petition grievances), the Fourth Amendment (protection against unreasonable searches and seizures) and the due process guarantee of the Fifth Amendment would all seem to be legal weapons of defense for activists during these fear-laden, intensity-drenched historical moments; however, these are usually the constitutional rights that dissidents have been forced to forfeit. (Boykoff, pp. 21–22) All these elements of a civic realm inhospitable to dissent were in place at the time of the attacks of September 11, 2001: an innate nativism, the tendency to conflate dissent with radicalism and external agitation, a crisis mentality regarding a hostile external world compounded by an immigration crisis, and a strong executive branch insufficiently restrained by constitutional, legislative balancing. An examination of five prior periods throughout U.S. history helps to clarify the patterns and precedents that came into play in the early years of the 21st century. THE SUPPRESSION OF RADICALISM IN U.S. HISTORY 1798: The Alien and Sedition Acts A period of crisis in its relations with France in 1798 provided the Federalist Party, the party that had held power in government since the ratification of the Constitution, with the context and conditions for using a rising swell of nationalist fervor in its battles against its emerging opposition—the Democratic Republican Party led by Thomas Jefferson.2 The French Revolution, a decade earlier, had already raised the anxieties of the American Republic about the dangers of radical social, political and economic upheaval. The conservative instincts that became ascendant in the Federalist Party and American civic culture more generally saw their expression in an anti-foreign, anti-radicalism that culminated in four bills passed into law under the signature of President John Adams, collectively known as the Alien and Sedition Acts. “Based on the mistaken conservative 30 EFFORTS TO SQUASH DISSENT theory that foreigners were more dangerously extreme than native-born Americans,” Preston states, “the Alien Act of 1798 gave the President power to deport those foreign agitators he deemed a threat to the welfare and security of the country” (Preston, pp. 21–22). This Alien Act, or An Act Concerning Aliens, was one of three acts passed that year that expired or were repealed by 1802; the fourth is still in effect. The Naturalization Act, or An Act to Establish a Uniform Rule of Naturalization, extended the residency requirement for citizenship to 14 years; it was repealed in 1802. The Sedition Act, or An Act for the Punishment of Certain Crimes against the United States, made it a crime to publish words or ideas that could be deemed treasonous or antithetical to the interests of the country. This was enacted with an expiration date of March, 1801. The Alien Enemies Act, or An Act Respecting Alien Enemies, gave the president the power to apprehend and deport noncitizens whose countries of citizenship are at war with the United States. This is the act that remains in force today. According to Miller, “In the Alien and Sedition Acts, American freedom…survived one of the severest attacks destined to be leveled against it in the name of ‘real Americanism.’” They pitted for the first time, in the context of a foreign crisis, the countervailing tensions between defending the interests of the country and permitting the freedoms of speech, expression and criticism protected by the First Amendment (Miller, 1952, pp. 22–23). With the diffusion of the crisis, the expiration of three of the four Acts, and the rise of the Democratic Republican party under President Jefferson, these aspects of American civic culture, and the alien-radical stereotype they forged, soon lapsed. Yet Preston contends that they were merely dormant: the influx of German immigrants in the wake of the revolutions of 1848 briefly “shook the self confidence” of the nation stimulating its fear of radical revolution, to be more fully provoked following the social and economic changes of the late 1870s and 1880s, which “revived the latent fear of radicalism, stimulated a new wave of nativism, and furthered the faulty assumptions of 1798” (Preston, pp. 22–23). 1880s and ‘90s: Depression and Anarchism Workplace insecurity and economic depression from 1873–1877 and again in the 1880s culminated in massive strikes and riots in 1877, 1886, and 1894. Groups such as the Molly Maguires in coal country, and the rise of socialist-inspired labor unions increasingly challenged the economic authority of the ruling classes. In both 1877 and 1894, the Federal government sent troops to quell workplace actions and associated disturbances, classifying 31 DUFFY them as ‘domestic insurrections’ (Preston, p. 5). The Haymarket Riots and bombing in Chicago followed a protest meeting called by anarchists in 1886. These events resulted in a public hysteria about anarchism that lasted for decades after the effective suppression of the movement by the resulting trials and executions (Preston, p. 26). In addition to his focus on this increase in federal actions to suppress threats to the economic and social status-quo, Preston builds on John Higham (1955, 2007) as he establishes the 1880s and ‘90s as the period when the nativist tendency to link the alien and the radical became fully established in American civic culture. The association of the Irish with the Molly Maguires, and the presence of many foreign-born labor organizers, increased the association of foreigners with radicalism, socialism, and anarchism (Preston, pp. 24–25). A contemporary increase in anarchist agitation worldwide culminated in the high-profile assassination of President McKinley by the anarchist Leon Czolgosz (American born, but with a “foreign-sounding” name). All this finally provoked legislative action in 1903 (Preston, p. 4). The Immigration Act of that year called for more formalized rules governing entry and inspection of those crossing U.S. borders. Anti-alien and anti-radical sympathies during this period were legitimated by the 1893 Supreme Court decision in Fong Yue Ting v. United States, which helped fortify a reliance on deportation as one tool in a crackdown on radicalism. In its decision, the Supreme Court upheld the right of the government to exclude or expel aliens, and found that Congress may provide a system for the registration and identification of any class of alien, and it may vest the enforcement of its regulations exclusively in the executive branch. (Justicia) According to Preston, the Fong Yue Ting ruling “determined the future pattern of expulsion in one simple interpretation: Deportation was not a punishment for crime but merely an administrative process for the return of unwelcome and undesirable alien residents to their own countries.” This ruling established the legal interpretation that deportation was justified on the grounds that the presence of targeted aliens was “deemed inconsistent with the public welfare” (Preston, p. 11). As Preston later states, once deportation was established as an administrative, not criminal procedure, “all else followed.” Procedural guarantees granted by the Bill of Rights were deemed not to pertain to this type of administrative procedure. Thus, “expulsion often involved…long detention, excessively high bail, unreasonable searches and seizures, the denial of counsel, selfincrimination, and trial without jury” (Preston, p. 12). By removing this procedure from the judicial realm (in favor of executive process), the decision also laid the groundwork for the establishment of four executive 32 EFFORTS TO SQUASH DISSENT techniques used in cases where deportation is used as a means of suppressing radical dissent committed by aliens: arrest without warrant, “telegraphic application” for an arrest warrant, the use of a preliminary hearing, and the denial of counsel until a very late stage (Preston, p. 13). During the decades following Fong Yue Ting, government extended these practices against a steadily expanding circle of ‘undesirables.’ Preston lists prostitutes, procurers, lunatics, idiots, paupers, persons likely to become a public charge, professional beggars, individuals suffering from a loathsome or dangerous contagious disease, polygamists, epileptics, persons convicted of felony, crime, or misdemeanor involving moral turpitude, and Chinese and Japanese (p. 19). Increasingly, the targets of these techniques during this period were anarchists and other “radical” agitators who threatened the status quo and national peace of mind. “Beginning in the late nineteenth century,” Preston states, “the tide of repression seemed to surge more forcefully and ebb less completely at each succeeding phase of reaction” (p. 21). The after-effect of the Haymarket riots, and a return of economic crisis in the 1890s created the climate for the first legislative responses to this “idea that foreign influence was subverting the promise of American life” (Preston, p. 23). Legislation restricting immigration by category and political belief was first debated during this period. In 1891 and 1893, immigration legislation contained provisions to deny entry to “anarchists” and “members of anarchist societies” (Preston, p. 28). In 1894, similar legislation received consideration and support from both Houses of Congress and the administration: it passed in the Senate but ran out of time for full consideration in the House. Ultimately, these early attempts to restrict entry to the United States, barring those with undesirable political beliefs or affiliations, failed due to reluctance to pass legislation that gave such discretion to the administration without defining the conceptual basis – “anarchism” – on which persons were to be excluded. 1905–1920: The IWW and Communism The assassination of President McKinley in 1901 changed all this. Preston reports that “Local police apprehended anarchists, mobs assaulted radicals, and several states passed criminal-anarchy laws” (p. 30). Restrictive language that had failed to be enacted into immigration law was finally included in the 1903 Immigration Act. In addition, this period saw a number of other 33 DUFFY efforts to suppress the threat posed by radical anarchism, some targeted solely at immigrants, others affecting U.S. citizens as well: Federal proposals to curb anarchism fell into two major categories: those seeking to safeguard the President and other high officials from any attack by drastically increasing the penalties for such action, whether successful or not; and those attempting to make such attacks impossible through immigration restrictions. The first assumed that there were citizens as well as aliens whom the law would deter. In this group were also bills to suppress anarchism, punish anarchism, amend the Constitution to suppress anarchism, punish anarchistic killing, and amend the Constitution to declare anarchism treason. The other line of legislation presumed that the menace was entirely alien and favored the exclusion, deportation, and nonnaturalization of all immigrant anarchists. (Preston, p. 30) In his message to Congress in December, 1901, President Theodore Roosevelt called for a “war” against anarchism and anarchist sympathizers. The president suggested not just excluding “known believers of anarchist principles,” but also creating economic and literacy tests for immigrants, to more effectively exclude the “types” of immigrants who were deemed more likely to embrace radical or anarchist principles (Preston, p. 31). The resulting 1903 Immigration Act excluded – for the first time – immigrants because of their beliefs and associations. Section 2 made anarchists, or those who advocated the overthrow by force of the U.S. government, ineligible for immigration. Section 38 barred those who opposed organized government more generally, or those who were members of organizations that advanced such principles. Any alien inside the country who was found to espouse anarchist beliefs was deportable if arrested within 3 years of entry. All this legislation, however, came after the end of the panic: it was largely unused, yet it set the bar for future anti-radical panics, and it signified the continued deep distrust of foreigners as well as their association with radicalism. The rise in activity of the Industrial Workers of the World (the IWW, or “Wobblies”) during this period shifted the focus of anti-radical efforts to the rise of labor activism from 1905 to 1920. By 1912, Preston recounts, a rise in the intensity of nativism in the U.S. corresponded with the increasing notoriety of the disruptive effects of labor activism. At this time, he says, “Americans were… becoming much less willing to tolerate any challenge to social homogeneity and national unity… Wobbly agitators and strikers were making radicalism an effective threat to both” (p. 45). The reaction began in California, where IWW agitation had been particularly aggressive, and Asian immigration had created a racist backlash 34 EFFORTS TO SQUASH DISSENT against a perceived dilution of American culture and society. Local and state-level authorities, led in particular by the California Republican Party, put increasing pressure on the federal government to “crack down” on both immigration and disruptive social activity. The start of World War I, and American involvement a few years later, created the conditions for a revival in Federal Government action: “With nativism propelling a powerful restriction movement, World War I stimulating nationalism, and global revolutionary disorder creating anew the horror of social unrest, the forces speaking for tolerance and civil liberties were silenced or shattered” (Preston, p. 55). Ultimately, local and national authorities chose to use the restriction and deportation provisions of immigration law to crack down on labor activism; 1917 saw debate over legislation to amend immigration law with a new literacy test and additional antiradical provisions, including a strict deportation policy. On February 5, 1917, the new policies became law over President Wilson’s veto. As Preston states, Officials had seized upon deportation as the quickest and most effective method of suppressing the propagation of dangerous ideas because of its very antithesis to due process. Congressmen did not want to determine the rights of anarchists and other radicals ‘by the long slow process of courts.’… If repression was the aim, then a noncriminal, administrative procedure was far more efficient and gave immigration officials great latitude in defining guilt.” The fact that what constituted such “guilt” went largely undefined in the legislation, however, meant that “immigrant inspectors were apparently ready to become America’s first thought police. (Preston, pp. 84–85) The period from 1917–1921, largely defined by the U.S. involvement in World War I and the nationalist hysteria that provoked, was subsequently characterized by the use (and abuse) of provisions in immigration law to detain activists, disrupt the actions of the IWW and other labor organizations, and to police the beliefs and associations of those entering the country. Preston notes that the war: Affected the course of repression in several ways… A strike could now be described not only as a legitimate labor struggle but also as seditious interference in war production… The Wobblies’ militant and dramatic surge in the lumber, mining and agricultural centers of the West [] established the organization as a menace to numerous communities producing essential war materials… Finally, an atmosphere of war hysteria colored all decisions from the local to the national level. One hundred per cent Americanism, with its demand for conformity 35 DUFFY and distaste for dissent, savagely resented any threat to national unity, especially of a class and radical nature. (Preston, pp. 97–98) Federal troops were deployed in July and August of 1917 to quell labor actions in the West. Preston notes that such actions were usually taken on the initiative of local authorities, and effectively established a form of martial law, where labor union activists were simply locked up to eliminate the threat to good order. State courts, largely convinced by the extraordinary requirements of a nation at war, allowed such actions to go unchallenged and denied habeas corpus when the detainees protested their confinement (Preston, pp. 105–106). “Surveillance, occupation, and suppression marked the wartime participation of the federal troops in the drive against subversive labor elements,” Preston reports. “By September 1920, the army had put down twenty-nine domestic disorders without resort to constitutional procedures” (p. 116). The use of military force was complemented by an unabashed legal strategy. A series of raids, culminating in the infamous “Palmer Raids” (named after the U.S. Attorney General at the time) conducted by the Justice and Immigration departments in 1919 and 1920, targeted the IWW and other radical and leftist organizations, and used the full force of immigration law and emerging judicial practice to effect the complete suppression of radical expression in the U.S. The Justice department largely relied on laws pertaining to seditious or criminal conspiracy, and characterized IWW action and materials as evidence that the organization was pursuing criminal objectives in a time of war. Another strategy involved Post Office investigators, using a 1911 amendment to the criminal code that expanded the definition of “indecent” (and thus un-mailable) to matter that incited arson, murder or assassination. The 1917 Espionage Act and the 1918 Sedition Act expanded the grounds for surveillance and criminal prosecution of radical organizations that used the mail for distribution of literature. The Espionage Act barred the mailing of materials that interfered with the operations of the armed forces, and the Sedition Act broadened the list of offensive materials to include “disloyal, profane, scurrilous, or abusive language, or language intended to cause contempt, scorn… or disrepute as regards the form of government of the United States” (Preston, p. 145). Legal action could then proceed against organizations such as the IWW using their own literature to incriminate them. These strategies were largely effective at shutting down the IWW and stifling dissent during this period. As Preston states, “The IWW prosecutions largely depended on business influence, community hysteria, and the eagerness or common-sense restraint of local federal attorneys… Juries turned 36 EFFORTS TO SQUASH DISSENT out to be frightened, jingoistic, and vindictive; all in all they were thoroughly sympathetic to the government’s aims” (p. 122). Where deportation or an immediate trial was difficult, the government simply resorted to indefinite detention, without access to counsel: “district attorneys used indictments against radicals as a preventive weapon, often with little thought of ever bringing them to trial” (Preston, p. 139). This period ended with the passage of the Immigration Law of 1920. This “dying gasp of legislative antiradicalism” made it possible to punish aliens for “simply possessing literature, for advising rather than advocating and teaching, for holding membership in groups and societies as well as organizations and for showing sympathy and support (apart from membership) by financial contributions” (Preston, pp. 228–229). The law was never used by the Justice Department against the IWW, and the Red Scare that prompted the Palmer Raids was on the wane, leading to the subsidence of antiradicalism in Federal Government policy through the 1920s and 1930s. World War II, and the advent of a Cold War with the Soviet Union after 1947, provided the occasion for the next escalation of anti-radical efforts on behalf of the Federal government. The 1950s: The Cold War The rise of Joseph McCarthy and The Congress’ House Un-American Activities Committee (HUAC), the practice of blacklisting in Academia and the entertainment industries, and the widespread use of propaganda to cultivate an extreme social paranoia about the Soviet Union and the threatened spread of global communism are well documented tools of antiradical suppression that originated in the highest political and governmenttal levels during this period. Other activities by Congress, however, helped to support the return of some of the features of earlier periods of antiradicalism: an association of radicalism with non-natives, and the use of restriction, detention, and deportation as tools against radical dissent. The Immigration and Nationality Act (INA) of 1952 (also known as the McCarran Walter Act, after its sponsors in the Senate and House of Representatives) consolidated the various statutes that governed immigration law into one comprehensive text, and is well known for abolishing the racial restrictions in immigration policy in favor of a quota system. The act also, however, maintained and consolidated the anti-radical provisions of earlier periods by barring from the U.S. “subversives” or immigrants engaged in subversive activity. The INA remains the basis for immigration law today, and has been amended many times over the past 50 years – most recently to strengthen anti-terrorist restrictions. The anti-subversive restrictions have at 37 DUFFY times been constructed to bar those with connections to autocratic government, communism and communist political parties, and most recently any of the many organizations that have been labeled terrorist organizations or those that support terrorism. The Act derived its support from two groups in Congress: those who favored liberalizing immigration law (by ending the racial exclusions) to project a better image abroad, and those who wanted to continue to use immigration law as a national security bulwark against communist infiltration and undesirable immigrants who could “threaten the foundations of American life” (U.S. Department of State). In 1954, the Supreme Court upheld in a seven to two decision the constitutionality of the ISA when applied after the fact to aliens who had been Communists at any time, even long before the passage of the Act (Preston, p. 273). The INA rested, in turn on the new definitions advanced by the Internal Security Act of 1950, also advanced by Senator McCarran and built on an earlier set of proposals supported by Richard Nixon, which would require the fingerprinting and registration of all “subversives.” (Barson, 1992). This Act required members of the Communist Party to register with the government, and created the Subversive Activities Control Board to investigate individuals suspected of engaging in subversive activities. It permitted the exclusion of immigrants, the deportation of aliens in the U.S., and the denaturalization of citizens. The Internal Security Act passed over the veto of President Truman, but many of its provisions were revoked in 1968 after being found unconstitutional in a series of Supreme Court decisions. Both of these Acts rested on the Smith Act, or Alien Registration Act of 1940, which required the registration of all non-citizen aliens in the U.S., and made it a criminal offense to in any way teach, advocate, or engage in activities with an intention of overthrowing the government of the U.S., or to be a member of any organization that so advocated or engaged. This act motivated a series of trials through the 1940s that conflated sedition with membership or involvement in leftist organizations of all kinds. At the same time, the expansion of the Federal government following the New Deal and the involvement in World War II included the “creation of new and more sophisticated agencies of covert control… the Central Intelligence Agency, National Security Agency, Bureau of Alcohol, Tobacco and Firearms, Drug Enforcement Agency, and special White House units of surveillance and disruption” (Preston, p. 288). In addition, the period was characterized by a contagion theory of subversion that nonetheless left the definition of subversion unspecified. Preston reports of this period that there were “300 federal, state, and local laws against subversion; 100 personal characteristics that made one a security risk; 700 reasons the McCarran38 EFFORTS TO SQUASH DISSENT Walter Act gave for denying visas or entry papers to foreigners; 197 organizations registered with the Subversive Activities Control Board; and 3 large indexes of suspects (Security, Communist, and Reserve)” (p. 291). Summarizing this period, Preston notes that Present legislation penalizes conspiracy to advocate, past membership (no matter how far back), and membership, association, or affiliation with any organization required to register under the Subversive Activities Control Act of 1950… In the early 1900’s the nation accepted its responsibility for domestically induced radicalism. Today it has made the radical or ex-radical everlastingly liable for what he once was or thought. It has reserved the right to create new classes of radicalism and to enlarge the index of dangerous ideas and associations for which an individual may find himself deportable in the future… In the security-conscious 1960’s the rights of a large portion of the population – aliens, naturalized citizens, and native born radicals – have been sacrificed to the safety of the state… There has been a steady progression toward a federal policy based on fear rather than on faith in people. (Preston, pp. 274–275) The 1990s and 2000s: Immigrants, Homosexuals and Terrorists The characteristics present in the current anti-radical and security-minded climate can be traced to a resurgence of nativist and nationalistic sympathies in the 1990s. During the 1990s, as today, the most fully-stigmatized immigrants in U.S. society are Latinos, those coming from Latin American countries. The current wave of nativist sympathy and the resulting movements to restrict immigration target this group. Emblematic of these efforts are a series of ballot initiatives proposed – and passed – in California in the 1990s. Proposition 187 appeared on the California ballot in November of 1994. Backed by several organizations within the state, the proposition was passed by nearly sixty percent of California voters, and restricted the provision of public services – including education, health care and social services – to undocumented immigrants and their children. It also required law enforcement agents and public servants (including school teachers and health care providers) to investigate the legal status of any individual they suspected of being undocumented. While the law was immediately challenged in the courts as an imposition by the state into the Federal realm of immigration, the episode was emblematic of efforts taken to restrict “illegal” immigration. 39 DUFFY Lisa Garcia Bedolla relates this episode to a “long tradition” in California history, and chronicles the political factors that led up to the introduction of Proposition 187 (Bedolla, 2005). Between 1990 and 1993, California lost 830,000 jobs, and in 1992 per capita income declined for the first time in a century. Unemployment doubled between 1990 to 1994, and the state ran consistent budget deficits, leading to the brink of fiscal crisis (Bedolla, p. 27). In addition, during this period the foreign-born proportion of the California population rose from 9 percent to 22 percent: one in four legal immigrants to the U.S. settled in California, most of them from Asia and Latin America – with a plurality coming from Mexico (Bedolla, p. 28). These social and demographic shifts corresponded to a rise in the proportion of Californians concerned about immigration. Bedolla reports a 1992 Roper poll that found 63 percent of Californians endorsing the opinion that immigration law let in too many immigrants; 78 percent of Californians found immigrants to be a financial burden on the state. Other polls found citizens concerned that immigrants were negatively affecting the social, cultural and racial makeup of their neighborhoods, towns, and larger society (Bedolla, p. 28). These social trends were quite effectively tapped by conservative social groups and political movements such as the American Immigration Control Foundation, the Federation for American Immigration Reform (FAIR), the Citizen’s Committee on Immigration Policy and the loose coalition of organizations that sponsored Proposition 187, Save Our State (Bedolla, p. 31). The climate surrounding Proposition 187 in California also drove two subsequent political and legal efforts: those characterized by Propositions 209 and 227. Proposition 209 was introduced in 1996, and changed the California constitution to bar any public institution from using race, sex or ethnicity as a consideration in administering their programs. Proposition 227, an English-only proposition, required all education to be provided in the English language. Both propositions passed by large margins. Bedolla specifically links this period of anti-immigrant backlash in California to the other periods examined in this chapter: The political environment for Latinos in California during the 1990s echoed previous periods of nativist backlash in the state… For example, in the 1880s, California was the source of the anti-Chinese sentiment that led to the 1882 Chinese Exclusion Act. In 1913, targeting Japanese immigrants, California passed the Alien Land Law, which prohibited noncitizens from owning land… The 1930s and 1950s in California saw mass deportations of Mexicans, some immigrants, some native born. (p. 34) 40 EFFORTS TO SQUASH DISSENT Bedolla studied the political reaction to this climate in the Latino community; one of her research questions concerns the silence and resignation of some in the community in the face of this increasingly hostile climate. Her thesis, concerning how the powerless and marginalized are politically silenced in American society, is one that bears thought as we consider the link between nativism, anti-immigrant sentiment, and the suppression of dissent in American history and society. Needless to say, the anti-immigrant sentiment characteristic of this period in California have by now become nation-wide phenomena, with anti-immigrant groups organized across the continent, and the federal government building a wall along the U.S. border with Mexico. Security and immigration are again linked, following September 11th, 2001. The reorganization of the Immigration and Naturalization Service (INS) into the Immigration and Customs Enforcement (ICE) agency of the Department of Homeland Security institutionalize this link, explicitly making immigration restriction and control one prong in U.S. counterterrorism policy. Resurgent nativism is but one of the factors that made the 1990s a lot like the 1950s and 1910s. Another factor is the revival of hyper nationalism. Following the speedy conclusion of the 1991 Persian Gulf War, political authorities were celebrating the end of the “Vietnam Syndrome,” the term used by conservatives to refer to the loss of American self-confidence and assertiveness on the world stage following the Vietnam war. The “syndrome” was evident particularly in American willingness to involve itself militarily, but also in its foreign affairs more generally. President George H.W. Bush celebrated the eclipse of these tendencies in his March 2, 1991, radio address to the Armed Forces in the Persian Gulf. After accolades over the victories on the field of battle and geopolitics, he said: Americans today are confident of our country, confident of our future, and most of all, confident about you. We promised you’d be given the means to fight. We promised not to look over your shoulder. We promised this would not be another Vietnam. And we kept that promise. The specter of Vietnam has been buried forever in the desert sands of the Arabian Peninsula. (Bush G.H.W., 1991, emphasis added). At the same time, other less wholesome cultural developments were manifesting themselves as hyper nationalism. The “patriot movement” – a loose coalition of anti-government movements, mostly in the western states – is interesting to study on two levels. First, it represents the resurgence of a fundamentalist brand of thinking that sees society in Manichean terms: good versus evil, righteous versus corrupt. On another level, the patriot 41 DUFFY movement also elicited notorious examples of government repression against individuals and groups in the movement. One such example is the government siege of David Koresh and his apocalyptic Branch Davidian movement at their compound in Waco, TX in April of 1993. Led by the Bureau of Alcohol, Tobacco, and Firearms (ATF) and the Federal Bureau of Investigation (FBI), the siege resulted in the deaths of 76 movement members, including women and children. The FBI and ATF siege of Randy Weaver, his family and friends in Ruby Ridge, Idaho, in 1992 is another such example. Both examples demonstrate the level to which fundamentalist thinking had risen as well as the degree to which the machinery of government repression was capable of mobilizing to repress such movements. These developments in American culture and society reached their pinnacle with the bombing of the Alfred P. Murrah federal building in Oklahoma City on April 19, 1995. Timothy McVeigh, the individual found guilty of masterminding the bombing, had roots in the patriot movement – and was said to have been inspired to act by the government action in Waco in 1993. The conservative crusade to defeat the “Vietnam Syndrome,” the rise of fundamentalist nationalism, and the reaction against the cultural threat of immigrants all fed into what became known as the “culture wars.” This term generally refers to the conflict between two opposed movements – liberal/progressive versus traditional/conservative – and came to define the condition of ultimate, zero-sum politics around core American values. As part of this conflict, movement conservatives were able to benefit electorally by politicizing issues related to “God, gays, and guns,” or religion in public life, the relative toleration of homosexuality and homosexuals, and Second Amendment battles around the individual’s right to possess and wield instruments of deadly force. Exemplary of this position, conservative commentator Pat Buchanan, after challenging President George H.W. Bush for his party’s nomination for President, gave what became known as the “culture wars speech” at the Republican National Convention in August, 1992. In characterizing Bush’s Democratic opponent, Bill Clinton and his wife, he established what would become the battle lines for the anti-Clinton movement for the rest of the decade: The agenda Clinton & Clinton would impose on America – abortion on demand, a litmus test for the Supreme Court, homosexual rights, discrimination against religious schools, women in combat – that’s change, all right. But it is not the kind of change America wants. It is not the kind of change America needs. And it is not the kind of change we can tolerate in a nation that we still call God’s country… 42 EFFORTS TO SQUASH DISSENT My friends, this election is about much more than who gets what. It is about who we are. It is about what we believe. It is about what we stand for as Americans. There is a religious war going on in our country for the soul of America. It is a cultural war, as critical to the kind of nation we will one day be as was the Cold War itself. And in that struggle for the soul of America, Clinton & Clinton are on the other side, and George Bush is on our side. And so, we have to come home, and stand beside him. (Buchanan, 1992) What is significant about the invocation of such “culture wars” is the characteristic fundamentalism of the ascendant conservative position: there is one right view on each of these issues, and toleration of any ambiguity or alternative perspective is foreclosed. Even more, however, we see evidence of the trend established early in American history with the Alien and Sedition Acts of 1798: an association of dissent with anti-Americanism, and the political use of anti-radical demagoguery to create an advantage in electoral politics. All these factors were present in the lead-up to the Al Qaeda attacks on the World Trade Center and the Pentagon on September 11, 2001. These attacks made manifest a final component in the climate of anti-radicalism: a demonstrable threat to the security of American territory and society. The predominant legislative reaction to these attacks reaffirmed approaches used over and over throughout U.S. history. The USA PATRIOT Act reorganized and restated many provisions already present in U.S. jurisprudence, but extended them both in terms of depth and scope of application. USA PATRIOT is itself an acronym3 contrived to associate the measures advanced with patriotic struggle: opposition to the act, thus, has been easy to portray as un-patriotic. The Act was approved overwhelmingly by Congress and signed into law a scant six weeks after the attacks of September 11, 2001. While many of the provisions were set to expire in 2005, the Act was renewed after somewhat more debate in March of 2006. USA PATRIOT Act provisions largely cluster around four areas: the legalization and application of electronic surveillance techniques, the facilitation of information sharing among federal agencies, updating existing laws to reflect new technologies and threats, and increasing penalties for terrorism-related crimes. (U.S. Department of Justice) The most controversial provisions regarding extended surveillance involve the use of “roving wiretaps” (attaching permission to monitor electronic communications to an individual instead of a phone), delayed-notice search warrants, and the ability for law enforcement agencies to obtain business records pertaining to an individual’s purchases or library borrowing activity. 43 DUFFY Ostensibly regulated by the Foreign Intelligence Surveillance Courts established under the Foreign Intelligence Surveillance Act (FISA) of 1978, the expanded use of indefinite detentions, National Security Letters (which allow the FBI to monitor electronic communications without a court order) and the delayed-notice search warrants have all drawn criticism from civil libertarians. Under the objective of monitoring communications between those in the U.S. and “foreign” contacts, the National Security Administration (NSA) has been allowed to establish “warrantless wiretaps,” evading the Foreign Intelligence Surveillance Courts altogether. The surveillance set in place – with the collaboration of most of the communications companies – has monitored huge volumes of electronic communication regardless of origin or destination. Many of these provisions continue under different guises the objectives of the Office of Information Awareness established by the Defense Advanced Research Projects Agency (DARPA) by Admiral John Poindexter in January of 2002. One of the major projects of this office was the Total Information Awareness program, which would use available technology to collect, analyze, and monitor all manner of communications data in the effort to mine information for counterterrorism purposes. Also in reaction to the events of September 11th, 2001, the uses of detention and restriction have been expanded. Detention of non-citizens found on the “field of battle” in places like Iraq and Afghanistan as “enemy combatants” has tested both domestic and international conceptions of procedural justice; the arrest of Jose Pedilla in May of 2002 extended the use of this appellation and technique to U.S. citizens arrested and detained in the United States. A long series of court challenges – and several highprofile Supreme Court setbacks for the Administration – have gradually reestablished habeas corpus and court access rights for those detained under enemy combatant status. At the same time, there has been an expanded use of practices of restriction around acts of dissent such as the establishment of ‘Free Speech Zones’ around high-profile events. Intended to protect those participating in the events, critics attest that the designation of confined areas – sometimes far removed from the event and media attention – are an infringement on the exercise of free speech and assembly supported by the First Amendment to the Constitution. While the practice of confining protest to designated areas has been around for a while, it has been much more widely used since 2001. Free Speech Zones were established at the political party nominating conventions in 1988, 1992, and 1996, and at the World Trade Organization meetings in 1999. Since the election of George W. Bush in 2000, however, they are commonly established at any event – even a motorcade – at which Bush himself appears. The 2004 Republican National Convention in New 44 EFFORTS TO SQUASH DISSENT York City was notorious for the complementary practice of preventive detention, whereby members of protest groups (which had been monitored weeks, even months before the event) were rounded up upon reaching the city and detained for the duration of the Convention. In addition to concern over the suspension of civil liberties, critics of the USA PATRIOT Act and other programs set in place following September 11th focus on the degree to which they alter the balance between executive, legislative and judicial branches of government. Bypassing even the Foreign Intelligence Surveillance Courts, denying detainees access to the judicial system, and entrusting the executive branch and security agencies at all levels of government with such unprecedented tools for monitoring perceived threats, all undermine the accountability of government and create the conditions for an abusive use of power against dissent in the public realm. What is clear in this most recent period is that the legal and political suppression of dissent is still built on, and draws its support from, other important factors in American civic culture more broadly: a nativist reaction to immigration, a rise in hyper nationalism and patriotism, concern with the national economy or an external threat to national security, and the resurgence of fundamentalist thinking that divides the world into good and evil. Threat is all too easily conflated with the foreign; what is foreign is all too easily generalized to include dissent. Despite an apparently cyclical nature to the suppression of dissent, the factors that underlie it are constant and persistent aspects of American culture. As Preston noted in his 1994 epilogue, “such individual antiradicals as A. Mitchell Palmer, J. Edgar Hoover, and Senator Joseph McCarthy… need to be understood as representative of American attitudes, policies, and procedures in the nation’s quest for absolute security. The guilt is collective, not personal” (Preston, p. 279). CONCLSUION: THE TOOLS OF SUPPRESSION The periods under review and the cultural characteristics highlighted ascribe to both the people and government of the United States qualities that convert fear, insecurity and a desire for conformity into xenophobia, anti-radicalism, and the suppression of dissent. The legal and political tools of this suppression have included detention, deportation and denaturalization of non-citizen residents, increasing levels of sophistication in the surveillance of communication, and the relatively heavy-handed use of U.S. troops or other law enforcement agencies to suppress political activity by groups designated or associated with a national threat. Jules Boykoff, in his 2007 work Beyond Bullets, focuses on both hard and soft tactics used by government, often in association with the mass media, to “demobilize” or 45 DUFFY suppress dissent and social movement generally. Boykoff distinguishes between violent repression of dissent and more subtle modes of silencing or preventing dissent. Liberal regimes like the U.S., he claims, tend to rely more on the latter (Boykoff, pp. 10–11). Boykoff defines such suppression as “a process through which the preconditions for dissident action, mobilezation, and collective organization are inhibited by either raising their costs or minimizing their benefits.” Actions taken to effect such suppression, he claims, affect not just the intended targets, but the general public and “other potential social movement allies” as well (p. 12). Thus, requiring protesters to confine their activities to a specified location blocks from the target event not only raise the costs of such protest (in terms of organization and the securing of permissions), but they also minimize their benefits (in terms of reduced publicity and exposure). More importantly, this policy sends a wider signal that protest is neither desirable nor tolerated; at the worst, it can make it seem criminal. Boykoff defines dissidents as citizens and groups that “(1) publicly challenge prevailing structures of power and/or the underlying logic of public policy, (2) engage in some extra-institutional, oppositional tactics… and (3) on at least some issues… have marginal stances that are not consistently entering the dominant political discourse” (p. 20). The state can use any combination of suppression, appeasement, co-optation and disregard to marginalize or diffuse such stances. In these efforts, the media are a natural ally to the government as they present social movements and actions through a process of negative framing: The mass media… tend to look more favorably on people who operate within the system and to disparage those whose oppositional activities move beyond sanctioned forms of action. While activists are sometimes able to frame issues and grievances in a manner satisfactory to them, they are more often frustrated by what they deem inadequate – and sometimes even derisive – mass-media coverage. (p. 27) Boykoff analyzes twentieth and twenty-first century U.S. history to isolate the most prevalent techniques used by the state and mass media to suppress dissent. “In the short run these modes of suppression slow down – or in some cases paralyze – the practice of dissent,” he says. “In the long run they demobilize dissent by discouraging future action” (p. 35). He enumerates twelve modes of suppression that encompass many of those that have been detailed earlier in this chapter: direct violence; public prosecutions and hearings; employment deprivation; surveillance and break-ins (including ‘black bag jobs’); infiltration, badjacketing and agent provocateurs; black propaganda; 46 EFFORTS TO SQUASH DISSENT harassment and harassment arrests; extraordinary rules and laws; mass media manipulation; bi-level demonization; mass media deprecation; [and] mass media underestimation, false balance, and disregard. (p. 36) Most often several of these tools are used in conjunction to undermine reputation, tar dissent in the public eye, and discourage dissenters from taking further action. Keeping this in mind, it becomes even more evident why the suppression of dissent seems to ride in conjunction with nativism and anti-immigrant fervor. Because they are weaker in terms of social and legal status, immigrants are often easy targets both for public disdain and state action. They thus make it easier both to frame dissent as un-American, and to undermine the legitimacy of that dissent. Likewise, the American penchant to see the world in terms of good and evil makes the use of black propaganda—the use of fabricated documents or material to negatively frame a group or movement—an effective tool for dividing a movement and undermining its potential base for support in the mass public. Media demonization and deprecation are also effective tools for tapping into the national penchant to see opposition as an “enemy” to the state and illustrative of evil. Boykoff states: “The logic of bi-level demonization proceeds simultaneously on two levels: While an external foe from the international arena is demonized, and therefore depicted as deserving of punishment, a domestic dissident or group is linked to the external demon, and therefore also made vulnerable to state suppression” (p. 191). The five periods detailed here are simply five in which the full force of most of these tools were used in conjunction, resulting in periods of strong national conformity and weak dissent. As is evident from a closer reading of American history, these techniques of suppression are in almost constant use: against civil rights and anti-war organizations in the 1960s and 70s, and environmental and civil liberties movements in the 1980s, for example. The continuous use of the tools of suppression against different kinds of dissidents effectively closes the gap between two of our periods. What seem apparent in this review, however, are the easy associations between conformity and complacency, fundamentalist thinking, nativism, and extreme nationalism, and partisan politics and demonization. All it takes is a national emergency of one sort or another to bring on the strongest reaction. The increasing strength of government and the mass media as agents of social and political control have made the Twentieth and early Twenty-first centuries particularly prone to political repression in the American experience. 47 DUFFY NOTES 1 2 3 See, for example, John Winthrop’s City upon a Hill sermon, from 1630, in which he established the idea that the New England colonies existed as a special province for God – a shining example for all peoples. Miller (1952) details the period in much detail. The political angle is one he particularly emphasizes. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. REFERENCES Barson, M. (1992). Better red than dead: A nostalgic look at the golden years of Russia Phobia, and Other Commie Madness. Retrieved August 21, 2008, from McCarran Act or Internal Security Act of 1950: http://www.writing.upenn.edu/~afilreis/50s/mccarran-act-intro.html Bedolla, L. G. (2005). Fluid borders: Latino power, identity, and politics in Los Angeles. Berkeley, CA: University of California Press. Boykoff, J. (2007). Beyond bullets: The suppression of dissent in the United States. Oakland, CA: A.K. Press. Buchanan, P. J. (1992, August 17). 1992 Republican National Convention Speech. Retrieved August 21, 2008, from Internet Brigade: Articles, letters & speeches: http://www.buchanan.org/pa-92-0817rnc.html Bush, G. H. (1991, March 2). Radio address to United States armed forces stationed in the Persian Gulf region. Retrieved August 21, 2008, from George Bush Presidential Library and Museum: Public Papers – 1991 – March: http://bushlibrary.tamu.edu/research/public_papers.php?id=2758&year= 1991&month=3 Bush, G. W. (2001, September 20). Address to a joint session of congress and the American people. Retrieved August 12, 2008, from The White House: http://www.whitehouse.gov/news/releases/2001/ 09/20010920-8.html Higham, J. (1955, 2007). Strangers in the land: Patterns of American Nativism, 1860–1925. New Brunswick, NJ: Rutgers University Press. Justicia. (n.d.). Fong Yue Ting v. United States, 149 U.S. 698 (1893). Retrieved August 15, 2008, from U.S. Supreme Court Center: http://supreme.justia.com/us/149/698/case.html Miller, J. C. (1952). Crisis in freedom: The Alien and Sedition acts. Boston: Little, Brown and Company. Preston, W. J. (1994). Aliens & dissenters: Federal suppression of radicals, 1903–1933 (2nd ed.). Chicago: University of Illinois Press. U.S. Department of Justice. (n.d.). The USA PATRIOT Act: Preserving life and liberty. Retrieved August 31, 2008, from Preserving Life & Liberty: http://www.lifeandliberty.gov/highlights.htm U.S. Department of State. (n.d.). The immigration and nationality act of 1952 (The McCarran-Walter Act). Retrieved August 20, 2008, from Timeline of U.S. Diplomatic Hist.: 1945–1952: http://www.state.gov/r/pa/ho/time/cwr/87719.htm 48