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The Freedom Not To Buy In

The Center for American Progress and the Nullify NSA Movement

by TRACY ROSENBERG

The prominent  Democratic website Think Progress recently took aim at the anti-NSA surveillance movement with a warning to “Beware of Libertarians Bearing Gifts”. The blog suggests bipartisan alliances between civil liberties advocates and libertarians will sink the New Deal, which some might say is already taking on a bit of water.

The direct target of authors Zack Beauchamp and Ian Millhiser is the Offnow.org coalition, a partnership anchored by the right-wing Tenth Amendment Center and the left-wing Bill of Rights Defense Committee.

(Disclaimer: Media Alliance, my organization, recently joined the coalition).

The premise of Offnow is local legislation in states, counties, and universities to make it policy to dis-invest in mass surveillance. Twelve state legislatures have introduced versions of the 4th Amendment Act (Alaska, Arizona, California, Indiana, Kansas, Mississippi, Missouri, New Hampshire, Oklahoma, Tennessee, Vermont and Washington).  The big target is Utah, home of the huge Utah Data Center in Bluffdale, where the provision of 1.7 million gallons of water by the state every day cools the huge supercomputers.

Think Progress’s objection to turning off the utilities on the NSA emanates from a liberal nightmare of a state like Texas darkening health clinics for poor people or cutting off water supplies to voting rights attorneys.

Let me be clear. I buy the idea that nutty contingents of the Tea Party might advocate for such things. Texas’s recent foray into fetal survival within the carcass of a deceased woman is evidence to never say never. But there is one basic difference.

Mass blanket surveillance of telephone metadata, email and Internet searches without individualized warrants and probable cause, I s unconstitutional. The Bill of Rights doesn’t allow it. Congress didn’t approve it. The American public didn’t know about it until a certain contractor took a trip to Hong Kong. The idea Think Progress is embracing – the rogue activities of the NSA are established government policy – isn’t true.

Even the unaccountable secret FISC court has agreed: “The Obama administration, under pressure from continued NSA leaks, declassified documents Wednesday showing the agency scooped up tens of thousands of emails and other online communications from Americans beginning in 2008 that it wasn’t allowed to target, and was told to stop by the secret court that oversees the program”.

The Dems at The Center for American Progress also seem stricken by an attack of amnesia about the long tradition of local disinvestment movements to impact American policy – by progressives.

The anti-apartheid movement advocated for disinvestment in South Africa under apartheid from both private and public sources including state universities. By 1984, 53 U.S institutions divested, by 1987, 128 including the University of California. By the end of 1989, 26 states, 22 counties and over 90 cities had taken some form of binding economic action against companies doing business in South Africa. Most of this pre-dated the 1986 Comprehensive Apartheid Act by Congress.

Over 110 American cities have declared themselves sanctuary cities that will provide limited or no local cooperation with the Secure Communities deportation program run by the Department of Homeland Security.

Vermont, the state most often described as a progressive Disneyland has developed a virtual cottage industry in  defying the federal government. In just the last few years, the state has authorized hemp growing without a permit, passed a law prohibiting patent trolling not addressed by the US Patent Act, opted out of the Affordable Care Act, and has considered a GMO labeling bill, currently stalled by litigation threats from Monsanto.

If the New Deal is sinking, the most progressive state in the nation appears to be steadily poking holes in the hull of the boat.

In the latest version of “you’re with us or you’re against us”, the Center for American Progress has embraced an a-historical definition of progressivism that prioritizes not sleeping with the enemy over principled dissent against unconstitutional activities.

The last line of the Think Progress article is “Ideology matters”.

Does it really matter more than justice?

Tracy Rosenberg is the executive director of Media Alliance (www.media-alliance.org), an Oakland CA-based democratic communications advocacy organization. Research assistance with this article was provided by Alexander Houk.