01:00 AM EDT on Tuesday, October 19, 2004

AT A DINNER last week, I heard Joseph Montalbano, president of the Rhode Island Senate, speak with apparent feeling about how much he reveres that institution.

But his indifference to, if not approval of, the assault on the First Amendment by one of his chief lieutenants only brings shame on the Senate. That institution should be revered, as one of the great symbols of representative democracy, but it cannot be when its leaders choose to send a message that attacking this most essential of freedoms -- the citizen's right to question government -- is perfectly acceptable behavior.

Mr. Montalbano and Majority Leader Teresa Paiva-Weed see no reason to question the continued service of Sen. Stephen Alves (D.-West Warwick) in his immensely powerful post as Finance Committee chairman -- even after Senator Alves was found by a Superior Court judge, and then the Rhode Island Supreme Court, to have instituted an illegal lawsuit against a former political opponent. That citizen, Social Studies teacher Alan Palazzo, had written letters to the editor questioning whether the taxpayers' interests were truly being represented in West Warwick politics.

On Sept. 27, Senator Alves was ordered by the courts to pay back $33,000 of the legal fees that Mr. Palazzo was forced to spend defending himself against a groundless libel charge. Superior Court Judge Nettie Vogel ruled that Senator Alves had intended to intimidate and silence Mr. Palazzo, something not allowed under state law -- and the U.S. Constitution.

One can disagree about issues. But, in my view, a powerful politician who tries to rob a citizen of his First Amendment rights -- sending a chilling message to many others who might otherwise question or criticize politicians -- deserves a greater rebuke than having to pay back some of his victim's legal bills.

Senate leaders don't see it. They won't even reprimand him. They won't ask him to apologize to his constituents. Indeed, they have only praise for Senator Alves, citing his compassion and work ethic. All that matters to them is that he is doing the job of finance chairman the way they want it done, and that he was part of the coalition that put them in power.

"You're talking to a friend of Stephen Alves," said President Montalbano.

"The court has said Stephen had to pay damages. He paid damages." Case closed.

Indeed, as Senator Alves and his apologists would have it, Mr. Palazzo richly deserved to be sued. He ran against Senator Alves, for one thing. After he got pummeled by the voters, Mr. Palazzo proceeded to criticize Mr. Alves at every opportunity. His brother wrote to Mr. Alves's employers in the investment business about the senator's activities. The senators' defenders say he repeatedly harassed Senator Alves and his family -- a charge that Mr. Palazzo emphatically denies.

"That's not a constituent. It's a former opponent who lost an election," said Mr. Montalbano.

"I can see somebody" responding to insinuations of corruption by filing a suit, he added.

It's not true, senator. Mr. Palazzo is a constituent. Nobody surrenders his rights as a citizen when he loses an election against a powerful politician -- not in the America most of us love. If Mr. Palazzo was truly harassing Mr. Alves, there are ways to deal with that -- arguing against him, for one thing. Most Rhode Islanders are fair-minded, and do not want to see anyone unfairly harassed.

But a groundless attack on the First Amendment is no way to punish an alleged pest. It only makes people wonder what other rights and laws that politician would wantonly assault.

I feel very emotional about freedom of speech, and not only because I have spent my adult life writing about politics. I believe the First Amendment -- the freedom to speak out, to share information and opinion, to question anyone, no matter how powerful -- is the foundation of all our liberties. If we allowed powerful officials to erode that basic protection, they could do terrible things. In Rhode Island, there would be nothing left but bleached bones.

I also understand that I did not secure this freedom. Many brave young people suffered and bled so that every citizen, not just journalists or incumbents, could enjoy this right. When I see a folded flag handed to a widow who has tears streaming down her face, I can only strive in my heart to honor that incalculable sacrifice every day. I cannot sit back and say, "Hey, he eventually paid legal damages," after I watch a politician undermine the First Amendment.

The voters in West Warwick can respond on Nov. 2, if they please. Outside Senator Alves's district, citizens can ask their own Senate candidates to register their concerns about Mr. Alves's attack on his constituent's speech.

"The people of West Warwick will overwhelmingly re-elect him," Mr. Montalbano promises.

That seems almost certainly true. But even a protest vote sends a message to other politicians who might think of emulating Senator Alves in trying to intimidate and silence their critics.

It might even send a message to Senate leaders that attacking a citizen's most precious right is not simply business as usual.

Edward Achorn is The Journal's deputy editorial-pages editor. His e-mail address is eachorn [at] projo.com.