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Document:LP News 1974 May-June Issue 20: Difference between revisions
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Document:LP News 1974 May-June Issue 20 (view source)
Revision as of 14:19, 24 August 2022
, 24 August 2022→A PERSONAL NOTE FROM YOUR CHAIRMAN AND YOUR EDITOR
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It hardly seems possible that almost three years have passed since that first meeting of the [[Committee to Organize a Libertarian Party]] in Westminster... but they have. And rarely have three years been so busy. | It hardly seems possible that almost three years have passed since that first meeting of the [[Committee to Organize a Libertarian Party]] in Westminster... but they have. And rarely have three years been so busy. | ||
Looking back, it seems almost impossible that so much has been accomplished in so short a time. In only 34 months, the fledgling LP has grown to approximately 3,500 members--making it the third-largest "minority" party in the country, and tied with six-year-old SIL for largest libertarian activist organization in the world. | Looking back, it seems almost impossible that so much has been accomplished in so short a time. In only 34 months, the fledgling LP has grown to approximately 3,500 members--making it the third-largest "minority" party in the country, and tied with six-year-old SIL for largest libertarian activist organization in the world. | ||
We've sent out over 250,000 pieces of material (most popular: the recruiting brochure, which has sold 55,000 copies). In addition, our various state parties have distributed over one million pieces o[ literature. | We've sent out over 250,000 pieces of material (most popular: the recruiting brochure, which has sold 55,000 copies). In addition, our various state parties have distributed over one million pieces o[ literature. | ||
And it's all been fun. Through the LP, we've meet some of the nicest (and morally finest) people we've ever known. We've had a lot of exciting and memorable experiences we'll never forget. | And it's all been fun. Through the LP, we've meet some of the nicest (and morally finest) people we've ever known. We've had a lot of exciting and memorable experiences we'll never forget. | ||
But, to be honest, we've kind of worn ourselves out. Ninety-eight pages of LP NEWS, hundreds of phone calls, and thousands of hours doing "party work" have left us pooped. | But, to be honest, we've kind of worn ourselves out. Ninety-eight pages of LP NEWS, hundreds of phone calls, and thousands of hours doing "party work" have left us pooped. | ||
So, while we've enjoyed it immensely, we're looking forward to taking it easy, and letting others carry the banner of liberty onward and upward to ever-greater heights--as we are quite sure that they will. | So, while we've enjoyed it immensely, we're looking forward to taking it easy, and letting others carry the banner of liberty onward and upward to ever-greater heights--as we are quite sure that they will. | ||
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[[David F. Nolan]] | [[David F. Nolan]] | ||
=POLITCAL PERSPECTIVE= | |||
== XVI. CRIMINAL CODE 1”REFORM” - OR PROGRAM FOR REPRESSION?== | |||
Unnoticed by almost everyone, the Nixon administration has been promoting legislation in the Senate Judiciary Committee which would completely redraft the U.S. Criminal Code. If the Nixon bill or its major alternative should pass with out substantial amendment, Americans could suffer a disastrous new erosion of their civil liberties. | |||
On March 27, 1973, the senior Republican on the committee, Roman Hruska, introduced S, 1400, the Criminal Code Reform Act. This bill, over 330 pages long, was drafted by the Nixon administration. Representative Ed Hutchinson has introduced it in the House as H.R. 6046. And while the bill is lying dormant in the House Judiciary Committee1s subcommittee on Criminal Justice, the Senate has been holding periodic hearings on S. 1400 and on S. 1, introduced earlier by Senator McClellan, and nearly as bad. Now the Senate hearings are about to close, with committee debate on what form to report the bill in as the next step. | |||
This article will concentrate on the defects of the Nixon bill, which contains provisions that not even the U.S. Congress--jaded by years of regulating everyone and everything--is likely to swallow. For instance, sections 521 ( 1”Public Duty") and 532 ("Official Misstatement of Law11) would allow federal officials to be excused from conviction of illegal acts on the basis that they were acting under presumption of legality because of "administrative grant of permission.” A Congress concentrating on the Watergate mess is unlikely to let that go by. But many other sections of S. 1400 will pass unless enough people protest loudly and in time. | |||
Several sections of the bill are now gaining notoriety as Nixon's “0fficial Secrets Act.” Using patriotism as a cover, the bill redefines espionage {section 1121) to include communicating classified information to unauthorized persons "with the knowledge that it may be used” {my emphasis) by a foreign power against U.S. interests. In peacetime this would mean that individuals such as Daniel Ellsburg would become subject to 30 years imprisonment and $100,000 fine. | |||
Section 1122 {"Disclosing National Defense Information") prohibits communicating "information relative to the national defense" to unauthorized persons. A substantial portion of the press, and honest public officials like Ernest Fitzgerald, would be gagged or end up in jail of this section is adopted. The bill makes no distinction as to whether documents are classified only to cover up blunders or criminality. | |||
Sections 1301, 1731, 1732, and 1742 further tighten up security procedures by making those who leak copies of material such as the Pentagon Papers subject to prosecution for theft of government property and "unauthorized use of a writing.” Taken together, these and sections 1121-22 would establish an unprecedented power to censor the press. They would cripple its ability to gather and publish evidence of the criminality and mismanagement which flourishes now more than ever in the bureaucracy. | |||
These provisions are terrible enough, but others are as bad or worse in their abridgment of civil liberties. Chapter 206 authorizes government wiretapping for a wide variety of offenses. Section 3129 authorizes "emergency" wiretap authority for up to 48 hours before officials must seek a court order. The bill also forces landlords and phone company employees to provide "all information, facilities, and technical assistance" necessary for installation. | |||
The bill ignores the case against victimless crime laws. Obscenity comes under fire in section 1851, which prohibits producing, trans porting, or disseminating material which depicts or describes sexual intercourse. Section 1850 continues government prohibitions on prostitution. Sections 1821-24 ban possession of or "trafficking in II drugs. Possession of small amounts {under 4 oz.) of marijuana becomes punishable by up to 1 year in jail and $10,000 fine. | |||
Section 1333 increases the penalty for refusal to cooperate with Congressional committees (HISC seems to be the only one with any problem) to 3 years imprisonment and $25,000 fine. Section 1115 provides a penalty of up to 7 years and $50,000 for failure to comply with selective service. | |||
There are numerous other sections of this bill which can easily be construed to infringe in dividual rights. These include section 1103, which punishes membership in an organization . which urges overthrow of the government; section 1114, impairing military effectiveness by false statement;" Section 1117, "inciting or aiding mutiny, insubordination, or desertion;” section 1328, demonstrating to influence a judicial proceeding; sections 1801-1805., dealing with riots; section 1812, firearms violations; and sections 1831-32, gambling. | |||
With Watergate coming up and the legislative machinery already clogged, a criminal code "reform" bill is not likely to reach the floor of either house for some time. However, libertarians would do well to start informing themselves about the dangers inherent in these hil1s. Copies for study can be obtained from your Senators or Representatives. | |||
There has been relatively little public analysis of these bills. Libertarians ought to try to get the jump on the left by planning now for a fight against such legislation. A campaign against “victimless crime” laws and repressive legislation such as; wiretapping and no-knock authorizations will be particularly timely as Congressional consideration approaches. | |||
Write letters to the editor exposing one or more aspects of this legislation that you feel to be particularly reprehensible. And write your congressn1en now urging them to vote against at least the most offensive features of this bill. This is an opportunity to fight for liberty. Let's take it. | |||
-/- [[Eric Scott Royce]] | |||
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">[[LP News|'''<big>GO BACK TO INDEX OF LP NEWS</big>''']]</div> | <div class="center" style="width: auto; margin-left: auto; margin-right: auto;">[[LP News|'''<big>GO BACK TO INDEX OF LP NEWS</big>''']]</div> | ||
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