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Don't forget freedom

01:00 AM EST on Sunday, February 22, 2004

Governor Carcieri made a terrible mistake last week when he put forward a terrorism bill that might have allowed Rhode Island politicians and bureaucrats to attack citizens' basic freedoms -- including the First Amendment rights of speech and assembly. It is to his credit that he has since admitted that he was wrong and withdrawn the bill.

The outcry ignited by the bill demonstrates that there are still Rhode Islanders who treasure freedom, and who understand that government secrecy and oppression would be self-defeating measures against post-Sept. 11 terrorism.

Mr. Carcieri, in response to the criticism, said that he had not read his bill, and had not intended to strip away civil liberties.

The 18-page bill included language from ill-considered laws dating back to World War I -- a time of public hysteria, when American rights came under assault. The Carcieri bill would have made it illegal to: display foreign flags in a way that suggests other countries are superior to the United States; "speak, utter or print" statements supporting anarchy; or speak in favor of overthrowing the government. It would also have allowed businesses and government to keep secret from the public whether they were complying with safety laws.

It is not even clear why Rhode Island needs laws governing terrorism, beyond those passed by Congress and signed by the president. Nevertheless, Mr. Carcieri says that he will return with a new terrorism bill.

In drafting the next one, he will, we trust, consult with constitutional experts. We are heartened by his promise that any new bill will be "carefully measured against preserving fundamental liberties -- including freedom of speech, freedom to assemble, freedom of the press, freedom of religion, and freedom to petition."

The governor also says that he will support legislation to remove language in old laws that is "inappropriate." Good. Bad laws passed in a panic should not gain fresh life under the rubric of combating terrorism.

The governor insists that he meant no harm. But he must understand that the people of Rhode Island, for decades, have suffered from a culture of government secrecy that has fostered corruption and inside dealing. Even now, the state attorney general, Patrick Lynch, is failing to protect the public's right to open records and displaying a disregard for the First Amendment.

Governor Carcieri must fight that culture, to achieve the openness that will give citizens confidence in their government. There is little point in trying to deal with the threat of terrorism by throwing away the freedoms that are the essence of America.

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