http://www.cnn.com/2004/LAW/10/16/protesters.terrorism.ap/index.html

ATLANTA, Georgia (AP) -- Fears of a terrorist attack are not sufficient reason for authorities to search people at a protest, a federal appeals court has ruled, saying September 11, 2001, "cannot be the day liberty perished."

A three-judge panel of the 11th Circuit Court of Appeals ruled unanimously Friday that protesters may not be required to pass through metal detectors when they gather next month for a rally against a U.S. training academy for Latin American soldiers.

Authorities began using the metal detectors at the annual School of the Americas protest after the terrorist attacks, but the court found that practice to be unconstitutional.

"We cannot simply suspend or restrict civil liberties until the War of Terror is over, because the War on Terror is unlikely ever to be truly over," Judge Gerald Tjoflat wrote for the three-member court. "September 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country."

City officials in Columbus, Georgia, contended the searches were needed because of the elevated risk of terrorism, but the court threw out that argument, saying it would "eviscerate the Fourth Amendment."

"In the absence of some reason to believe that international terrorists would target or infiltrate this protest, there is no basis for using September 11 as an excuse for searching the protesters," the court said.

Police Chief Willie Dozier did not immediately return messages seeking comment left Saturday by The Associated Press.

Former Columbus Mayor Bobby Peters, who was in office when the decision was made to install the metal detectors, said the city attorney's office is considering appealing the ruling to the full 11th Circuit.

The city attorney declined to comment on the case until Monday.

Peters said he didn't believe anyone's freedom was restricted, and that the city had received a federal court's approval before setting up the checkpoints.

"I don't see the difference between that and everyone going into a public building," Peters said. "We didn't make them recite the Lord's Prayer once they were in there. Everyone that went to the event was scanned, same as a football game."

The Rev. Roy Bourgeois, a priest who founded the protest group called SOA Watch, praised the ruling for safeguarding essential rights.

"I felt that they were using 9/11 as an excuse, along with the Patriot Act, to interfere with our First Amendment rights," he said. "They are using this to get around what the Constitution is really rooted in."

The metal detectors caused long lines and congestion outside the protest area, he said, comparing it to routing 10,000 people through a single security gate at an airport.

"It was not just an inconvenience, it was a nightmare. We couldn't get to the place of assembly in an orderly fashion," he said.

About 15,000 demonstrators attend the annual vigil, demanding the closing of the center formerly known as the School of the Americas. The facility at Fort Benning was reopened in January 2001 as the Western Hemisphere Institute for Security Cooperation.

The protests began in 1990. This year's demonstration is scheduled for November 20-21.

Michael Greenberger, law professor and director of the University of Maryland's Center for Health and Homeland Security, said the ruling could have broader implications if it is used to challenge aspects of the Patriot Act.

It was surprising, he said, coming from the conservative-leaning 11th Circuit, based in Atlanta, but the opinion was "very well-reasoned" and reflected "conventional application of constitutional principles."

First Amendment lawyer Floyd Abrams said that though there are steps the government can take to protect people from terrorism, "that doesn't mean we just dispense with the Bill of Rights as a consequence of 9/11."

"We don't yet live in a society in which everyone must always go through metal detectors everywhere we go."

Many people in SW Virginia are aware of the priests and nuns who are serving Federal prison time for resistance to the notorious school of torture in Fort Benning, Ga. Closing down this facility is a long-time project of Congressman Boucher's.

http://www.soaw.org/new/

For over a decade, students, religious, labor, veterans, human rights, and social/global justice groups have been converging every November at the gates of Fort Benning, GA to speak out in solidarity with the people of the Americas and to engage in nonviolent direct action. We will gather again this year on November 20 and 21 to continue together in the struggle until the School of the Americas is closed and the policies it represents are changed forever!The Saturday and Sunday events this year will be preceded by teach-ins, trainings, and caucuses on Friday, November 19. Continue to check the website as plans unfold and various events are announced in more detail.
Find out more information and how you can start organizing for this year's vigil and direct action at the gates of Ft. Benning!

Check out our updated Legal Briefing for People Considering Civil Disobedience at the November protest.

Twenty seven human rights activists were sentenced to prison or probation in January of this year for their nonviolent actions against the School of the Americas in November 2003. Just one of the 27 sentenced is left serving time in federal prison, while four are still serving federal probation.

Read more about these courageous peacemakers.

wowzers...

"Peters said he didn't believe anyone's freedom was restricted"

that's what they always say. "if they don't have anything to hide why resist....."

I bet the court would be all red faced if an attack did occur and change their mind.

Hooray once again to the courts! (And to the wisdom of our Founding Fathers for putting them there to counteract the other branches which have gone insane!)

Great. Now these protestors can bring in smoke bombs, knives, pipe bombs, and God knows what else. Yeah. Hooray for the courts. Next WTO Convention will be another Vietnam. Wait, where did I hear that one before??

While I still don't trust many people in government positions, I like what Judge Gerald Tjoflat said: "September 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country."

It seems that more and more, we are expected to just give up liberties in the name of alleged terrorism. Enough is enough. We need more judges who believe like this to stand up the Patriot Act and any other act of the Bush Administration that restricts personal freedoms.

I know, I for one, would not want to have to constantly walk though metel detectors everywhere I go publicly

Good for them! Choose to be free. No one can guarantee us perfect safety, and if you believe that you live in a dream world. Living in fear is no way to live. Taking away our rights will not make us safer.

I agree with most here.

I have always felt that the biggest problem we face is the loss of the concept of innocent until proven guilty. Most of the provisions of PATRIOT involves an assumption of guilt.

For those who quote the wimpy "If you have nothing to hide...." line, I give you this.....Why be such a coward? Quit hiding in the shadows. Real Americans stand proudly for what they believe in. They don't hide behind cryptic laws designed with built-in alternate agendas. They certainly don't do things they know are wrong.

If you truly believe you are right, then stand up and be counted! Say what you mean! I bet the people would come out in droves to support you once you tell them the real price they will pay....Unless of course you are an anti-American terrorist supporter trying to further the cause. Then you have a good reason to keep it all underground....

Oh yeah. Stand up for your freedoms. No one ever said you couldn't go protest. What about the lunatics who will bring tear gas cans, pipe bombs, knives, and other weapons to "exercise their free speach." What will be your excuse then because you KNOW it will happen sooner or later.

Another terrorism BS crap that government will use to do anything they want to.

If this has consistently been a peaceful protest, I don't understand why the searches were brought up to begin with. At WTO demostrations, I can see and agree with metal detectors, etc. The demonstrators there get violent, therefor they are not following the rules of being protected by the constitution.
Peacful protests should always be protected
Violent demonstators should be tossed in jail like all other violent criminals.