The Dismantling of America
By Hank Silverberg

It has been one of those weeks that makes me worry about the future of the United States as we know it. 

I am not trying to be Chicken Little here. The sky is NOT falling yet. But I do see some cracks in our Constitutional protections that are growing bigger and need to be patched in a hurry before the gap becomes too wide to repair.  

In Bridgeport, Connecticut this past week, a reporter named Tara O’Neill was arrested while covering a protest. The protest was like many we have seen over the last few years, local citizens outraged over the handling of an officer-involved shooting of a 15-year- old. It's been two years since Jayson Negron was killed.  O’Neill, who works for Hearst Connecticut Media, had been covering the story  since the beginning. She tweeted this out after she was released from custody.




I was released after being handcuffed, put in the back of a cop car and taken to booking. The officer who arrested me profusely apologized and said he didn’t know I was the media. I was not charged. I was not put into a holding cell. Others arrested were.





The Middletown Press reports she was not a stranger to police and she was wearing her media credentials at the time. It was like other such events across the country in the last few years. Someone through a bottle, police moved in to make arrests and O’Neill was on the protest side of the police line and therefore subject to harassment. She was handcuffed, put in a patrol car and taken to the police station and briefly held. She writes in the Connecticut Post that she as “not officially arrested” but was “bruised around the wrists” by the cuffs. 

https://www.ctpost.com/local/article/Hearst-reporter-detained-by-Bridgeport-cops-while-13834244.php
 The incident sparked a great deal of protest within the community of journalists.   

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O’Neill’s story is not unique. In Denver last year, a reporter was arrested for simply taking video of police making an arrest on a public street.

 https://www.denverpost.com/2019/02/05/denver-police-offers-discipline-handcuffing-journalist/

During President Trump’s inauguration in Washington D.C.  in 2016, nine reporters were arrested for being on the street and watching as some protestors smashed store windows and set a limousine on fire.  Most were let go shortly after they were taken into custody, but it was more than a year before the charges were dropped against one of them, Free Lance Journalist Aaron Cantu, who at one point was threatened with a lengthy prison term.
  
https://www.sfreporter.com/news/2018/07/06/journalists-charges-dropped/
All of this is a form of  intimidation. It’s an effort to control the message, stifle the free press and keep you from finding out what the police are doing on your streets. All of these cases would probably be thrown out of court as unconstitutional, but most never get that far. Police nationwide have stepped up the use of this tactic. They continually use such intimidating methods, and then apologize for it later. Such incidents are increasing. They have been fed by the President's constant attack on the media as "enemies of the people," and a general suspicion among the police and politicians that somehow the press is out to make them look bad. (That always backfires because arresting reporters or attacking them verbally makes the police or politicians look like they have something to hide.) 

Your right to know is being threatened and as it says on the masthead of the Washington Post, “Democracy Dies in Darkness.”  It is not only the media being intimidated. You as a citizen have a right to record video on a public street, as long as you are not interfering directly with police operations. That too has been infringed on numerous occasions with police ordering people to stop using their phones to take video or demanding that the phone be handed over. 

The Third branch of government is the Legislature. And there too basic human decency is being challenged. Not by Congress this time, but by the State Legislatures. More than 250 anti-abortion bills have been introduced by state lawmakers across the country in the last year.  In 1973, in Roe vs Wade,  the U.S. Supreme Court confirmed the right of a woman to have an abortion. It’s the law of the land. Ever since that landmark decision, those opposed to abortion, usually on religious grounds, have looked for ways to undermine it. 

I have no problem with someone’s religious beliefs. If you believe abortion violates your faith, then fine, you can make your personal decisions based on that. But you should not be able to impose that belief on the rest of us, especially when it conflicts with science or someone else’s religious convictions. 

In Alabama, the House passed a law that bans ALL abortions and would send any doctor who performs one to prison for 99 years. Added to that is actual language in the bill that compares abortion to the Holocaust, a comparison which has offended Jews. The bill also does NOT exempt victims of rape or incest, which means they are forcing a victim to have their rapist’s child.

Georgia took a slightly different track, passing legislation that bans abortions after a heartbeat is detected, which is about six weeks into a pregnancy.  Critics point out that’s before most women even know they are pregnant,  so the bill basically bans abortion. Both bills are likely to be challenged in the courts, and that may be exactly why they were proposed—so that the newly conservative Supreme Court can revisit Roe vs Wade.

Abortion has been and always will be controversial. But I find it very hypocritical that many of those who oppose it, who claim to be conservatives, will tolerate the ultimate government intrusion into our personal lives. 

Where are these same people when legislation is proposed for an increase in funding for foster care, child care, prenatal care for unwed mothers, or stricter penalties for deadbeat dads? They run and hide or talk about the "nuclear family."    

The courts are also a major protector of our freedom. But they, too, are under attack. The Trump Administration is looking for the right case to challenge long-standing procedural precedent that allows lower courts to impose nationwide injunctions against a particular policy. That would include things like the travel ban Mr. Trump imposed early in his presidency, or those abortion bills moving through the state's mentioned above. 


Such injunctions enable people opposed to any policy to have its implementation delayed until the full case can be heard in the U.S. Supreme Court. It has always been used by groups or individuals to challenge the constitutionality of a policy BEFORE it is imposed. 


There are many of you who might read this and say these issues do not directly affect you personally.  But they do.      


Restricting the press in any way, infringes on your right to know and thereby make informed decisions. 

Restricting the courts prevents you from petitioning your government to redress grievances or to prevent unjust or overreaching laws. 

Restricting abortion infringes on your right to practice your religion (or no religion at all), a woman's right to control her own body, and your right to privacy.

Don’t sit by and let any of these things happen. 

Make police accountable to the public, write your legislator about the right of women to choose, and pay attention to attempts to ram unjust legislation past proper judicial review.  We can still save the Constitution and the liberties hundreds of thousands have died to protect.    


               (Your comments and suggestions are welcome)

                               



(Copies of my book are available at Amazon.com, BB.com or hanksilverbergbooks.com or at a reduced price for a signed copy by emailing me at hanksilverberg@gmail.com





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