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December 2, 2009

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Columnist Erin Neff: Beware of the rush to anti-terrorism legislation

Friday, Feb. 28, 2003 | 5:06 a.m.

Erin Neff covers politics for the Sun. She can be reached at (702) 259-4062, or by e-mail at erin@lasvegassun.com.

CARSON CITY -- The government has never been fond of one of this country's greatest freedoms -- expression of speech.

During the Civil Rights movement officials turned firehoses, dogs and stick-wielding cops on demonstrators. During a Vietnam protest in 1970, the National Guard gunned down four protesters at Kent State University.

Now, the best laid post-Sept. 11 plans to protect Nevadans from terrorists could easily strip away our constitutional rights to speak our minds.

Grave consequences come from good intentions and the bills the Nevada Legislature is considering tread too heavily on sacred ground.

We know terrorism when we see it.

The World Trade Center. The Oklahoma City federal building.

But the bills envisioned by some of the Legislature's best minds also see terrorists lurking at peace rallies, anti-rodeo protests and even shovel brigades.

When Assemblyman John Carpenter, R-Elko, took part in the famous Jarbidge shovel brigade and was slapped with the label terrorist by some of the federal officials watching the protest. Had this Legislature pushed through some of this session's anti-terrorism bills, Carpenter might have been slapped instead with handcuffs.

Defining terrorism might be the most important step this Legislature takes aside from solving the budget crisis.

It's easy enough to say that acts of terrorism that lead to death should be first-degree murder, and that those convicted should have a terrorism-specific aggravator for consideration by jurors weighing the death penalty.

That's fine for Timothy McVeigh, but what about Janine Hansen, president of the Nevada Eagle Forum, who protests federal land issues and the auction of seized cattle?

When Hansen and others shouted, "Don't buy stolen cattle," the potential buyers walked away.

Clearly her actions helped "disrupt, affect or influence the conduct or policy of a government entity by intimidation or coercion."

That could make her a terrorist under an amendment to Assembly Bill 99 introduced by Assemblyman David Brown, R-Henderson.

Brown's bill admirably requires a dead body for the definition of terrorism to kick in.

But history shows us dead bodies happen -- even in nonviolent protests.

Once Brown gets lawmakers to define terrorism in statute -- in a section involving dead bodies or not -- you can bet that definition will be applied elsewhere.

Senate Majority Leader Bill Raggio, R-Reno, takes the definition further in his omnibus anti-terrorism measure, Senate Bill 38, a Nevada version of the USA Patriot Act.

And lawyers are still struggling to grapple with language in the massive measure that Assembly Speaker Richard Perkins, D-Henderson, will introduce.

Taxes might be the biggest legislative issue on your mind, but be aware that exercising your right to protest whatever lawmakers ultimately impose could get you labeled a terrorist.

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