Investigative Journalism that is as
Radical as Reality Itself.

Random Searches in New York’s Subway

by DAVID ANDERSON

Perhaps the greatest outrage about the new New York City government’s policy of random bag searches in the subway is the lack of outrage about it. Where are the stories about people turning around and not being searched, interviews with opponents of the policy, or even an in depth discussion of the legalities of it?

The way it has been sold to the public by almost the entire media in New York is "is it popular", as if general acceptance is justification for a policy which goes further legally than any other in recent times. Anecdotally, the media would have us believe it is a very popular move, something that knowing New Yorkers, and being one, I find hard to believe.

Regardless, popularity is surely not the issue here. If it were put to the popular vote, there are some states where the deportation of Arab-Americans would no doubt win local elections. We have a Supreme Court, or rather will probably soon say, we HAD a Supreme Court one of whose primary functions is to preserve the rights of the individual. If it weren’t for those "Activist Judges" it is quite possible schools STILL wouldn’t be integrated, there would be no freedom of choice when it comes to reproduction, and almost certainly religion and state would have become terribly mixed. But we have hardly heard a word from judges, or the ACLU, last bastion of personal rights in America, about the random searches of the effects of innocent commuters.

The only real discussion has been the specter of racial profiling, thus taking the argument away from "Should we be doing this at all?" to "How best do we do this?"

Not only is the policy invasive of our rights, it is totally ineffective and probably counter-productive. Suicide bombers are almost by definition fanatics whose whole life’s meaning has become this one act, something they’ve trained for, thought about, risked all for, possibly traveled vast distances to accomplish, and forsaken even life itself for. Are a few bored cops at a minority of subway stations and busses really going to prevent them from going about their horrible missions? Even in the BEST case scenario it will only lead to immediate detonation at the search point, an act which could kill more people than a detonation in a subway car itself. Indeed, in the "bring it on" ideal our president is famous for, aren’t these searches basically daring the bombers to strike and thus humiliate our feeble efforts?

We hear comparisons between this policy and airport searches. For a start, catching planes is optional, for most New Yorkers, catching public transport isn’t. Are we to risk being fired for tardiness because we turned around and didn’t want out possessions riffled through by the government?

Secondly, airport searches are fairly effective, they provide a real barrier to taking explosives and metal weapons onto planes. And finally courts have held that magnetometers and metal detectors are not "searches". By any standard, a policeman poking through your handbag or back pack is a search’.

And again we hear that famous cliché, the one President Bush can’t go on TV without saying – it "Sends a message." The message senders, these same people who oppose a vaccine for Human Papiloma Virus, morning after contraception, needle exchanges, and even condoms, love this policy. The whole over-worn (count how many times a day you hear it) "Send a message" cliché is usually employed as a veiled threat or justification for all manner of stupidities, from invading Iraq, to wellsubway searches. When you hear it, as well as that old chestnut "In this post 9/11 world", you just know something terribly stupid or some horrible policy is about to be announced. A policy like random bag searches.

The final horror here is that there’s nothing to suggest this is the government’s last demand. Freedom is usually destroyed in a gradual manner, it is less noticeable then. It is a short step from random subway bag searches, to random street searches, from making it optional to making it compulsory, from not asking for ID, to demanding it. And this latest policy has been put in place without even any terrorist actions against the United States! Imagine how few rights we’ll have left when something does happen here?

What freedom do we have when the government can do exactly what it wishes because it has manufactured a climate of fear like this administration has, and what freedom do we deserve when we as a society and as individuals just lie down and take it?

DAVID ANDERSON is a criminal defense attorney in New York City. He can be reached at: DocInNy@yahoo.com

 

July 07, 2015
ANDRE VLTCHEK
In Ecuador, Fight for Mankind; In Greece, Fight for Greece!
Nile Bowie
Obama’s Pacific Trade Deal Trails Behind China’s Development Vision
Binoy Kampmark
Warrior Economist: the Varoufakis Legacy
Shamus Cooke
Unions Must Act Now to Survive Supreme Court Deathblow
Dave Lindorff
The Greek People Have Voted ‘No!’ to Austerity and Economic Blackmail
Bruce K. Gagnon
Sanders Bullshit Meter Goes Off the Charts in Portland, Maine
Mateo Pimentel
The Pope’s Letter: Neoliberalism and Fukushima
Raouf Halaby
Beware Those Who Speak With Forked Tongues
Ron Jacobs
The Grateful Dead: The Ship of the Sun Bids Farewell
Jonathan Cook
Hasbara Industry: Why Israel’s Army of Spin-Doctors is Doomed to Defeat
Rev. William Alberts
Charleston: a Reality Check on Racism in America
Ellen Brown
A Franciscan Alternative: the People’s Pope and a People’s Bank?
Colin Todhunter
The Warped World of the GMO Lobbyist
John Wight
Who Will Join With Greece?
W. T. Whitney
Colombia’s Fensuagro Union is Revolutionary, Persecuted, and Undaunted
Mel Gurtov
Keep It in the Ground, Obama
July 06, 2015
MICHAEL HUDSON
Greece Rejects the Troika
Steve Hendricks
Will FIFA’s World Cup Sexism Ever Die?
Binoy Kampmark
Oxi in Greece
Gareth Porter
How US Spin on Access to Iranian Sites has Distorted the Issue
Peter Bach
ISIL and Ramadan in the Rag
Paul Craig Roberts
A Rebuke to EU-Imposed Austerity
Quincy Saul
The View from Mount Olympus
Robert Hunziker
Looking Inside Fukushima Prefecture
ADRIENNE PINE, RICHARD JOHNSTON, FIONA WILMOT, et al.
Seven Reasons to Scrap the USA’s $1 Billion Aid Package to Central America
Norman Pollack
Capitalism’s Self-Revealing Practices
David Macaray
Could Justice Scalia Be the One to Rescue Labor?
Linn Washington Jr.
Storm Smashes Chris Christie’s Presidential Candidacy
Benjamin Willis
US and Cuba: What Remains to be Done?
Robert David Steele
The National Military Strategy: Dishonest Platitudes
Joan Roelofs
Whatever Happened to Eastern European Communism?
Weekend Edition
July 3-5, 2015
Mike Whitney
The Pentagon’s “2015 Strategy” For Ruling the World
Jason Hirthler
Going Off-Script in St. Petersburg
Rob Urie
Greece and Global Class War
DIMITRIS KONSTANTAKOPOULOS
The Future of Greece Without Illusions
ANDRE VLTCHEK
Ecuador Fights for Survival – Against its Elites
David Rosen
White Skin Crisis
Jerry Lembcke
Nobody Spat on American GIs!
Stavros Mavroudeas
The Greek Referendum and the Tasks of the Left
Andrew Levine
Dumping on Dixie Again
Richard Pithouse
Charleston (It’s Not Over)
Arun Gupta
What Does It Mean to Call Dylann Roof a “Terrorist”?
Michael Welton
The Tragedy of Harper’s Canada
Brendan McQuade
The Right Wing Resurgence and the Problem of Terrorism
Chris Floyd
Heritage and Hokum in Rebel Banner Row