The National Defense Authorization Act for 2012 (NDAA) has caused some serious concern for the American public. Meant to be 'anti-terrorist', some parts are widely believed to be far too broad and anti-Constitutional, particularly regarding free-speech. U.S. District Judge Katherine Forrest in Manhattan agrees and has struck down the law that allows indefinite military detention.
In her ruling, Judge Forrest wrote, "First Amendment rights are guaranteed by the Constitution and cannot be legislated away. This Court rejects the Government's suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention." President Obama recently appointed Forrest to the federal branch but she's no pushover when it comes to NDAA.
It's almost guaranteed that the ruling will be appealed by the 2nd U.S. Circuit Court of Appeals. When President Obama was asked why he continues to have his administration fight the court ordered injunction (at the time) against indefinite detention of American citizens, his 'non-answer' was, "My first job is to keep the American people safe." In reality, his job is to "preserve, protect, and defend the Constitution of the United States," to the best of his ability. Giving himself power that flat-out goes against the Constitution is not keeping Americans safe!
The judge questions what would be considered "journalistic reporting" and what would be considered "propaganda?" In her 112 opinion pages, she wrote, "Who will make such determinations? Will there be an office established to read articles, watch videos, and evaluate speeches in order to make judgments along a spectrum of where the support is 'modest' or 'substantial?'" She added, "No court can accept this proposition and adhere truthfully to its oath."
More details on the ruling here.
Â© Margie Wilson-Mars 2012