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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 21, 2013/ 10 Nissan, 5773

No More Asking for Permission To Speak

By Judge Andrew P. Napolitano



http://www.JewishWorldReview.com | In 1798, when John Adams was president of the United States, the feds enacted four pieces of legislation called the Alien and Sedition Acts. One of these laws made it a federal crime to publish any false, scandalous or malicious writing — even if true — about the president or the federal government, notwithstanding the guarantee of free speech in the First Amendment.

The feds used these laws to torment their adversaries in the press and even successfully prosecuted a congressman who heavily criticized the president. Then-Vice President Thomas Jefferson vowed that if he became president, these abominable laws would expire. He did, and they did, but this became a lesson for future generations: The guarantees of personal freedom in the Constitution are only as valuable and reliable as is the fidelity to the Constitution of those to whom we have entrusted it for safekeeping.

We have entrusted the Constitution to all three branches of the federal government for safekeeping. But typically, they fail to do so. Presidents have repeatedly assaulted the freedom of speech many times throughout our history, and Congresses have looked the other way. Abraham Lincoln arrested Northerners who challenged the Civil War. Woodrow Wilson arrested Americans who challenged World War I. FDR arrested Americans he thought might not support World War II. LBJ and Richard Nixon used the FBI to harass hundreds whose anti-Vietnam protests frustrated them.

In our own post 9/11 era, the chief instrument of repression of personal freedom has been the government's signature anti-terror legislation: the Patriot Act. It was born in secrecy, as members of the House of Representatives were given 15 minutes to read its 300 pages before voting on it in October 2001, and it operates in silence, as those who suffer under it cannot speak about it.

The Patriot Act permits FBI agents to write their own search warrants and gives those warrants the patriotic and harmless-sounding name of national security letters (NSLs). This authorization is in direct violation of the Fourth Amendment to the U.S. Constitution, which says that the people shall be secure in their persons, houses, papers and effects from unreasonable searches and seizures, and that that security can only be violated by a search warrant issued by a neutral judge and based upon probable cause of crime.

The probable cause requirement compels the feds to acquire evidence of criminal behavior about the person whose records they seek, so as to prevent politically motivated invasions of privacy and fishing expeditions like those that were common in the colonial era. Judges are free, of course, to sign the requested warrant, to modify it and sign it, or to reject it if it lacks the underlying probable cause.

The very concept of a search warrant authorized by law enforcement and not by the courts is directly and profoundly antithetical to the Constitution — no matter what the warrant is called. Yet, that's what Congress and President Bush made lawful when they gave us the Patriot Act.

When FBI agents serve the warrants they've written for themselves — the NSLs as they call them — they tell the recipient of the warrant that he or she will commit a felony if he or she tells anyone — a lawyer, a judge, a spouse, a priest in confessional — of the receipt of the warrant. The NSLs are typically not served on the person whose records the FBI wants; rather, they are served on the custodians of those records, such as computer servers, the Post Office, hospitals, banks, delivery services, telephone providers, etc.

Because of the Patriot Act's mandated silence, the person whose records the FBI seeks often never knows his or her records have been seized. Since October 2001, FBI agents and other federal agents have served more than 350,000 search warrants with which they have authorized themselves to conduct a search. Each time they have done so, they have warned the recipient of the warrant to remain silent or be prosecuted for telling the truth about the government.

Occasionally, recipients have not remained silent. They have understood their natural and constitutionally protected right to the freedom of speech and their moral and fiduciary duty to their customer or client, and they have moved in federal court either to suppress the warrant or for the right to tell the customer or client whose records are being sought that the FBI has come calling. Isn't that odd in America — asking a judge for permission to tell the truth about the government?

What's even more odd is that the same section of the Patriot Act that criminalizes speaking freely about the receipt of an agent-written search warrant also authorizes the FBI to give the recipient of the warrant permission to speak about it. How un-American is that — asking the FBI for permission to tell the truth about the government?

Last week in San Francisco, U.S. District Court Judge Susan Illston held that the section of the Patriot Act that prohibits telling anyone about the receipt of an FBI agent-written search warrant and the section that requires asking and receiving the permission of the FBI before talking about the receipt of one profoundly and directly infringe upon the freedom of speech guaranteed by the First Amendment. And the government knows that.

We all know that the whole purpose of the First Amendment is to encourage open, wide, robust debate about and transparency from the government. Our right to exercise the freedom of speech comes from our humanity, not from the government. The Constitution recognizes that we can only lose that right by consent or after a jury trial that results in conviction and incarceration.

But we can also lose it by the tyranny of the majority, as Congress and the president in 1798 and 2001 have demonstrated.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Your comments are appreciated. Please send them by clicking here.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the Senior Judicial Analyst at Fox News Channel and anchor of "FreedomWatch" on Fox Business Network.



Previously:


03/14/12 What if Nanny Is a Thug?
02/28/12 Obama's False Alarms
02/14/12 Obama's Secret Court for Killing
02/07/12 Obama Gives Himself Permission To Kill
01/31/12 Both sides in immigration debate overlook main issue
01/24/12 Guns and the President
01/17/12 Guns and the Government
01/10/12 Guns and Freedom
12/13/12 Government Spying Out of Control
12/06/12 Republicans for Big Government
11/29/12 Republicans and Taxes
11/15/12 Silencing General Petraeus
11/08/12 Four more years to crush personal freedoms
10/25/12 Silence on Libya
10/18/12 Who Is Responsible for the Mess in Libya?
10/11/12 Let Gary Johnson Debate
10/04/12 Two Failures
09/27/12 The Arab Spring Becomes a Western Winter
08/23/12 Abortion and Rape
08/16/12 November's Choices
08/09/12 Gazillions
07/19/12 The Rule of Law
07/12/12 We Are at a Turning Point
07/03/12 A Vast New Federal Power
06/28/12 Restraining Arizona, Unleashing the President
06/21/12 Can the President Rewrite Federal Law?
06/15/12 Squealing Versus Killing
06/07/12 Where Is The Outrage?
05/31/12 The Secret Kill List
05/24/12 What If We Have Only Memories of Freedom?
05/17/12 Is There a Drone in Your Backyard?
05/10/12 What Constitutes a Fair Trial?
05/03/12 The President's Private War
04/26/12 Rick Perry Was Correct
04/19/12 A Government of Waste
04/12/12 What If the Government Rejects the Constitution?
03/29/12 Can the Government Force You To Eat Broccoli?
03/22/12 Is the CIA in Your Kitchen?
03/15/12 Can the Secret Service Tell You To Shut Up?
03/08/12 Can the President Kill You?
02/23/12 What If Democracy Is Bunk?
02/16/12 Time To Tame the Federal Beast
02/09/12 Do Catholics Have Too Many Babies?
02/02/12 What Is a Just War?
01/25/12 A Few Words About Abortion
01/20/12 How Much Economic Freedom Do We Have in the United States?
01/12/12 What If Elections Don't Matter?
01/05/12 Big Government Cannot Pay Its Bills, Again
12/29/11 The Case for Austerity
12/22/11 New Ideas or Fidelity to Old Principles?
12/15/11 The Government as Lawbreaker, Again
12/08/11 What if our rights didn't come from the Almighty or from our humanity, but from the government?
12/01/11 Can Congress Steal Your Constitutional Freedoms?
11/24/11 What if the Constitution No Longer Applied?
11/17/11 Congress and Secrecy
11/10/11 Does the Government Work for Us, or Do We Work for the Government?
11/03/11 Look at What the Government Has Done with Your Money
10/27/11 What Have the Wars Done for You?
10/20/11 Is Freedom in America a Myth or a Reality?


© 2012, ANDREW P. NAPOLITANO

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