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Some Florida driver's license records sealed during terrorist probe

By The Associated Press,
freedomforum.org staff

09.20.01

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From officials sealing records in Florida to a push to criminalize flag desecration in Wisconsin, several First Amendment developments have arisen following last week's terrorist attacks in New York and Washington, D.C.

  • In Florida, federal authorities investigating the attacks have ordered state officials to seal the driver's license records of people of certain nationalities.

    Such records, which include names, addresses and driving infractions, are public information under Florida law.

    Bob Sanchez, spokesman for the state Department of Highway Safety and Motor Vehicles, declined yesterday to elaborate on which countries are involved or provide other details.

    Federal officials have named 19 people — including 15 believed to have lived in Florida — who hijacked the four planes used in the attacks.

    Members of the news media, including the Associated Press, over the last several days have requested and received license records of several of the suspects, as well as those of other Floridians believed to be targets of the federal investigation.

    Many of the subjects of the investigation come from the Middle East, South Asia and Central Asia.

    The records include information on whether an individual had a previous driver's license and where it was issued.

    Yesterday, the department denied further requests for such records. Sanchez said federal law enforcement officials had requested the change.

    He said federal agencies, which he declined to name, had given the department a list of criteria to use in determining whether to release individual records.

    "The criteria had to do with what nationality they are and a time period" for when the driver's licenses were issued, Sanchez said. He declined to disclose the time period.

    Officials noted that during ongoing law enforcement investigations, some records may be exempt from the open-records laws.

    But Barbara Petersen, executive director of the First Amendment Foundation, a Tallahassee-based watchdog group, said that exemption only applies to records created as part of an investigation.

    "It does not apply to records that are merely pulled into an investigation," Petersen said. "This is clearly a misinterpretation of the law."

  • In Florida, the head librarian of a public university in Fort Myers apologized yesterday for making employees remove "Proud to be an American" stickers so international students wouldn't be offended.

    The action Kathy Hoeth, library director at Florida Gulf Coast University, took Sept. 17 triggered a public outcry.

    Yesterday, she issued a statement of apology and retracted her directive after being reprimanded by the school president, the Fort Myers News-Press reported.

    Library staff wore the red, white and blue computer-designed stickers last week. Hoeth, who lived in New York for 31 years, said she wanted "the highest respect for everyone coming to the desk" in the library, and ordered the stickers removed.

    An outraged public called and e-mailed the university. President William C. Merwin quickly returned from an Orlando meeting to reassure the community, as well as faculty, staff and students, that the state university was not unpatriotic.

    "One employee made a terrible mistake, which I find to be reprehensible," he said, adding that Hoeth made her decision unilaterally without consulting superiors.

    "Patriotism on Florida Gulf Coast University campus is welcomed," Merwin told a large gathering in a flag and sticker-decorated room at the university late yesterday afternoon.

    He also said the university has no policy that restricts free speech.

    "For something like this to happen at a university reflects poorly on its decision-makers, largely because that was a bad decision," Merwin said, according to News-Press.

    "Librarians, through history, have been upholders of the Constitution," he added. "They have been stalwarts … with defending the First Amendment, so it's a bit ironic that a policy such as that should be invoked."

    Merwin said university officials haven't decided whether to discipline Hoeth further, the News-Press reported.

    Hoeth said in her statement that making employees remove the stickers was a bad decision, one that she regretted deeply for the pain it caused and explained that she merely was trying to provide an "atmosphere of tolerance and respect for the university's diverse population."

  • Also in Florida, a Boca Raton art teacher has been suspended for allowing second-graders to express their feelings about last week's terrorist attacks through drawings and answering their questions about hijacking someone at knifepoint.

    Patricia Bowes said yesterday that her suspension is indefinite pending an investigation by Addison Mizner Elementary School. Principal Carol Crilley did not return calls seeking comment.

    On Sept. 12, the day after the attacks, the youngsters in Bowes' class were distracted and talked about what happened.

    Bowes said she gave them the option of doing drawings related to the attacks or continuing with autobiographical sketches. Some did each.

    "They were very inquisitive — asking what kind of day was it, how much smoke, how many towers," she said. "They asked me how is it possible to hijack a plane at knifepoint. I told them that if you go for the artery, it would kill someone.

    "The children were trying to figure it out, trying to make sense of a horrifying situation," Bowes said. "They drew their versions of what had happened — airplanes crashing into the towers, a brick falling on a child's head, buildings crashing down."

    Some parents said their children came home from Bowes' class talking about bombs, death and how to kill someone with a knife. One mother called the school to complain.

    Crilley had met with staff and instructed them on how to approach issues raised by the attacks. Bowes said she thought she was following the directives.

  • In Wisconsin, people could face fines of up to $10,000 and nine months in prison if convicted of trying to incite violence by damaging or destroying a U.S. flag under a bill an Assembly committee approved yesterday.

    The bill, passed by the Assembly Criminal Justice Committee 7-3, had been scheduled for debate for weeks, but it took on added significance in the wake of last week's attacks.

    "By now, most people have seen the picture of the fireman raising the flag on the World Trade Center," said Rep. Mark Pettis, R-Hertel, who sponsored the bill.

    "Those who die in service to our country do not only wear a military uniform, they are our fire and police departments, rescue units, doctors, nurses and the many innocent victims of tragedy. The flag is a symbol of the sacrifices they have made for their country and fellow man," he said.

    Critics, including Max Harn of Madison, said the bill was unnecessary and would limit people's right to free speech.

    "One of the reasons I love this country is because it is so free that I can spit on the flag. The flag after all is just a piece of cloth," Harn said. "By the way, I'm not planning on defiling any flags."

    Across the state, the U.S. flag has become increasingly visible over the past week as more people have displayed it on their homes, cars and clothes.

    Committee chairman Scott Suder, R-Abbottsford, said it was particularly timely to vote on the bill, which would make it a misdemeanor to intentionally damage or destroy a flag in a deliberate attempt to incite violence or disturb the peace.

    The full Assembly, Senate and the governor must approve the bill before it can become law.

    A previous flag-desecration law was passed after a man defecated on a flag and left it on the steps of a golf course clubhouse in 1996. The Wisconsin Supreme Court later ruled the law unconstitutional.

    A new flag bill was approved by the Assembly in February 1999, but it never was brought up for a vote in the Senate.

  • In South Dakota, school officials at Rapid City Stevens High School took fliers asking for peace away from a student who was handing them out to other students.

    Peter Curtis, 17, said he printed the fliers after he saw "a whole lot of hate and racism" following the terrorist attacks.

    Curtis said he wanted to post the fliers, called, "A Plea for Peace," on Sept. 12, but school policy says fliers must have a sponsor organization and a contact person on them.

    The fliers contained statements such as, "We must not cause more death. Killing our fellow humans in Afghanistan will not bring back the dead."

    They also encouraged students to "remain calm and peaceful, and urge your friends (and senators) to do the same."

    Principal Curt Voight said Curtis couldn't post the fliers because the phrase "Food Not Bombs" wasn't clearly denoted as an organization and the fliers didn't list a contact person.

    Voight said he also decided not to allow fliers that urged any kind of response to the terrorism.

    "I thought it would be appropriate if we didn't put anything up in terms of what action to take prior to the president and Congress making that decision," he said.

    At first, Voight allowed Curtis to hand out the fliers.

    "I was cool with just handing it out, which I did for a few more periods until security confiscated my fliers," Curtis said.

    Voight said the fliers were taken away because he saw that they were posted despite his opposition.

    But Curtis said he didn't do anything but hand the fliers out.

    Jennifer Ring, executive director of the American Civil Liberties Union of the Dakotas, said the organization would review the case.

    Ring said the district's policy on posting fliers may be unconstitutional. Policies that give an administrator the authority to decide what can and can't be posted aren't legal, she said.

    "If they say you must get it approved but don't state clearly what the approval criteria will be, then any denial would be a violation," Ring said.

    School administrators said not knowing what is posted would be irresponsible.

    "If you post something, we feel it's appropriate to confer with us so we know because it could be offensive," Superintendent Pete Wharton said. "If I put something up that's offensive to an employee, then we have problems. It just makes sense to have good guidelines."

    Jim Wheaton, an attorney with the First Amendment Project in Oakland, Calif., said schools shouldn't restrict student expression.

    "Short of actually disrupting teaching, students are free and indeed should be encouraged to state their views on important public events," he said. "For a kid in high school, this is probably the biggest public event in that kid's life. He needs to express himself about that and what may be coming, which may affect him and his classmates because of their age and draft status. To try to silence that voice is exactly the wrong message for America."

    Previous

    College's librarians barred from wearing American pride stickers
    Director fears patriotic message worn in wake of last week's terrorist attacks might offend foreign students at Florida Gulf Coast University.  09.19.01

    Related

    First Amendment advocates fear erosion of rights in aftermath of attacks
    ‘We are now in a period where civil liberties get put to the side while we fight this war against terrorism,’ says journalist Scott Armstrong.  09.14.01

    Teachers contend with repercussions of unpopular speech
    In New Mexico, lawmaker calls for firing of history professor; in Pennsylvania, substitute teacher is suspended, then reinstated.  09.24.01

    Berkeley firefighters told to remove Stars and Stripes from rigs
    Fire officials fear big flags could make trucks targets during anti-war protests, but mayor says ban should be lifted.  09.21.01

    Florida Senate panel approves secret security meetings
    Move would allow committee to discuss anti-terrorism legislation behind closed doors, seal records from such proceedings.  10.25.01

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