4 Opinion Page 8 Wednesday, August 5, 1981 The Michigan Daily Feiffer The Michigan Daily Vol. XCI, No. 55-S Ninety Years of Editorial Freedom Edited and managed by students at the University of Michigan HAJP6Ui k- THU FAST-ICRN) Free speech, when convenient Kf Ok~)S CnJsr 864)~ TBE RAOP SUS. THE UNBORNM THE C)T-BCRA) 1137 MPj) ARE )6EV A Out) wvF)AWER 5 6 JAY1 I 4 "Recent events at the University of Michigan and elsewhere emphasize the pressing need for members of the University community ... to reaffirm their deep and lasting commitment to freedom of speech." Ae Harold Shapiro, the University's vice- president for academic affairs, 1977.B For weeks, the mysterious circumstances By June Taylor surrounding the death of University alumnus WASHINGTON, D.C. - Public Chen Wen-Chen have been explored by many and congressional frustration groups--the U.S. Congress, Amnesty Inter- over the mounting problems of group-theinternational drug trafficking national, students and administrators of Car- snd illegal immigration have negie-Mellon University and the University of resulted inmunprecedented Minnesota. Accompanying their inquiries has proposals to use federal troops in been mounting evidence that Chen's death traditionally civilian law enfor- may be related to on-campus spying activities cement areas. Key amendments to the House sponsored by Taiwan's Kuomintang gover- Defense Authorization Bill would nment. permit military troops to provide While now-President Shapiro was high- surveillance, information, mindedly defending free speech in 1977, the equipment, and training to local FBI included Taiwan with a group of six coun- and state law enforcement authorities. In some instances, tries believed to be involved in the surveillan- the bill would permit military ce of American institutions. personnel to make arrests and Clearly, the assertion by Jon Heise, director seizures, overturning federal of the University's International Center, that statutes which prevent military such activity may be taking place on this involvement in domestic police activities. campus was not revolutionary. SOME OFFICIALS believe Strangely enough, the University ad- such military involvement would ministrators believed Heise's speech was ex- violate a central constitutional cessively "free," so they shut him up. No principle which separates longer will he discuss his views with the Daily military and civilian authorities in the United States. or any other news organization. Vice- While it remains unclear President for Student Services Henry Johnson whether a reluctant Pentagon will handle these calls from now on, and he's would even be willing to being purposely evasive. cooperate in civilian police ac- And President Shapiro? He chose to elude tivities, the degree of congressional support for the the issue as well, unlike the Presidents of Car- proposals is a clear signal of the negie-Mellon and Minnesota, who have not public frustration over federal only addressed the matter but have forced it and state efforts to control drug into the political spotlight. smuggling and illegal im- The result of this bureaucratic run-around is migration. Rep. Thomas Harnett (R.-S.C.) that confusion, rather than dialogue, prevails, termed illegal drug use "the most The University has shown a deplorable indif- insidious cancer that is preying ference to this problem, and has skirted a on American society ...." He critical chance to assist in a thorough in- added, with no hint of irony, that drug use within the military itself vestigation. "threatens the very survival of Perhaps our administrators are too preoc- this nation as a free nation and cupied with making the University smaller our capabilities of being able to but better. Lucky for us, the leaders of other defend ourselves." schools and the federal government are taking Due to the last minute haste with which the law enforcement the responsibility. Their conclusions about piso of the lweremat provisions of the bill were at- possible spying on this campus will be very tached, several apparent over- useful. sights left what some believe I Mting on the can battlefield 4 may be gaping holes in the legislation. For instance, during the Judiciary Committee review of the law enforcement amen- dments it was noted that while the bill authorized "members of the armed forces to assist in drug seizures or arrests," it did not allow for searches. As Rep. John Seiberling (D.-Ohio) asked in the floor debate: "How are you going to determine whether a person should be arrested; how are you going to determine what should be seized if you do not make a search?" Constitutional objections to the proposals were raised at the hearings by the American Civil Liberties Union, among others, which noted: "The past has many examples of the dangerous con- sequences of military par- ticipation in law enforcement. The massive army surveillance of civilian anti-war protests protected by the First Amen- dment and the military oc- cupation of'the campuses of some of our universities a decade ago are two recent examples of the importance of the Act." Rep. John Conyers (D.-Mich.), who still harbors bitter memories of the federal troops called in to quell riots in his home town district in 1967, led the congressional opposition to the proposals. As the emotional pitch of the debate rose, Conyers appealed to his colleagues "to examine what this could ultimaely lead to. It would routinely authorixe the armed services to intrude into the civilian laws of the U.S. That is the beginning of a police state ... Already we are talking about hitting the aliens at the same time. Already we are talking about knocking out terrorists along with drug pushers. Where does it end?" SUPPORTERS of the proposals countered that the con- stitutional argument did not ap- ply and that expediency dictated attaching the measures to the defense bill. Said Rep. Dante Fascell (D.-Fla.), whose state faces major drug and im- migration problems: "Frankly, I am so frustrated at the failure of the federal government to come to grips with the crime and drug problem, and with the inability to enforce our immigration laws, I am ready to turn it all over to the military. They have the budget ... " As the House bill passed into conference committee to iron out differences with a similar ver- sion of the massive defense bill, the strongest opposition to the use of the military in civilian law en- forcement appeared to be coming from the Pentagon itself. The Department of Defense made it clear that it does not want the new law enforcement responsibilities. As Departmen- tal general counsel William H. Taft IV, testified in the House: "First, the mission of the Depar- tment of Defense is military preparedness. Assistance to law enforcement agencies should be provided only when incidental to the performance of the Depar- tment's mission. Second," said Taft, "the Department is sen- sitive to the historic separation between military and civilian spheres of activity . . . Preser- vation of this distinction is one of the most fundamental precepts of our form of government." Asked about possible Pentagon lack of cooperation, even if the measures are approved and signed into law, Rep. Shaw com- mented: "We'll have to get a change of attitude from the military, and this is going to have to come from the White House." June Taylor, former executive branch employee, wrote this article for the Pacific News Service. I I I I 0