Supreme Court Ruling on Strip Searches a Threat to Civil Liberties

The United States Supreme Court, the highest court in the United States, in 2010. Top row (left to right): Associate Justice Sonia Sotomayor, Associate Justice Stephen G. Breyer, Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan. Bottom row (left to right): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg. (Photo credit: Wikipedia)

The 5-4 ruling by the United States Supreme Court that strip searches, even for minor offenses, are legal is a disturbing blow to civil liberties. A man in New Jersey was stripped search after he was thought to have failed to pay a fine. It turned out that he had actually paid it, but that is irrelevant. What is relevant is that someone accused of a minor offense should not be humiliated and made to undress, having the most personal parts of the body probed. Apparently the Supreme Court, having made other provisions of the Constitution irrelevant due to their meddling, now believe that the Fourth Amendment no longer applies.

I do not understand how the justices who supported the majority opinion–Kennedy (who wrote the opinion), Chief Justice Roberts, Alito, Scalia, and Thomas–could be considered the Court’s “conservatives.” Surely it is not conservative to give police the power to abuse ordinary people who are charged (not convicted, thus they are legally innocent) with minor offenses such as a fine or traffic violation. One of the few good things the Warren Court did in the 1960s was to limit excessive police power. Otherwise, we run the danger of facing the same kind of atrocities visited on the American colonists by British law enforcement officials military personnel, or the atrocities that take place in any police state. I fear that the United States (as well as the United Kingdom) are on their way to becoming police states.

As we know from the Stanford Prison Experiment, people placed in positions of total power over someone’s treatment, especially when such treatment involves stripping the patient naked, easily move to abuse their power. The students in the Stanford experiment playing the “guards” would have the students playing the “prisoners” strip naked for “delousing.” It did not take long from that point for further abuses to occur. The kind of humiliation involved in a strip search should be reserved for the most hardened prisoners who might be hiding weapons or drugs on their person.

Americans are rapidly regressing to the point that they “do not deserve security nor freedom,” to use the statement attributed to Benjamin Franklin. It is unfortunate that the highest court in the land has sped the process of changing a democratic republic into a tyranny–even a “soft tyranny” is a bad thing and can lead to a full-fledged Soviet-style tyranny later. Police departments should use common sense in their strip search policies. If the states have any recourse given this ruling, they should pass state laws limiting police power regarding strip searches. A small risk of something bad happening is better than the greater risk of a police state.

Related articles

• Supreme Court Rules On Strip Search Issue (npr.org)

The United States and “Evil Enemy States”

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There has always been a strand of Puritanism in American thought that survives in part as a Manichean division between good and evil. Rather than seeing the United States as a mixture of good and evil, many Americans see it as “the good guy” in the world with no major faults. Individuals who disagree are labeled as “unpatriotic,” told to “go to Russia,” or are called “America-haters.” Although I do not deny that there are individuals and groups of people who hate their country, not every critic of American practices hates the United States. Nor is someone who points out that there is much good in countries considered to be enemies of the United States, such as Iran. Many Americans want an overpowering, evil enemy state because many Americans are more Manichean, believing in sharp lines between good and evil, than they are Christian. Christianity recognizes that no being created by God is totally evil–traditionally, since evil is a lack of good, and thus a lack of being, a totally evil being could not exist. If Americans of all stripes are honest with themselves, they will see that they are capable of great evil. Philip Zimbardo, the Stanford psychologist who ran the Stanford Prison Experiment, showed how “good” people can turn evil when they have great power (as prison guards) over others (in this case, students who played the “prisoner” role). He notes the power of situational factors that can lead to a good person torturing and even killing innocent human beings.

Reinhold Niebuhr recognized that groups are capable of great evil just as individuals are, and Zimbardo’s work showed this to be the case. Nation-states are groups of people, and in any group unethical practices can arise that lead to people doing things that are evil under group pressure. No nation is immune to this. Was the Soviet Union an “evil empire,” as President Reagan affirmed? I would say “Yes,” with the qualification that there was good even in the old Soviet Union, and evil in the United States of America. In the War between the States, Generals Sherman and Sheridan engaged in the first modern war (with Lincoln’s endorsement)–both these generals and President Lincoln believed that war should be engaged against the civilian population. The brutality with which federal troops put down the anti-draft riots in New York as well as Sherman’s March to the Sea are evidence of the results. The United States Army was brutal in the Philippines war in the early part of the twentieth century, mowing down men, women, and children. The United States Army Air Corps engaged in the saturation bombing of Tokyo in March 1945, and of course Hiroshima and Nagasaki were destroyed by atomic bombs. President Roosevelt placed thousands of Japanese-American citizens in internment camps. In the Vietnam War, the United States dropped more tonnage of bombs than it did in the whole of World War II. The atrocities and torture in Iraq and Afghanistan (and in Guantanamo Bay in Cuba) are well known–torture has not been totally eschewed as the official policy of the United States, and the U.S. still sends prisoners to other countries to be tortured. Civil liberties, from the genocide of the American Indians to the mistreatment of the Irish, the Chinese, and of African-Americans, have not been uniformly honored in the United States. Does this mean the United States is an evil country? I do not think it is as evil as a totalitarian society such as the old Soviet Union or China under Chairman Mao, but it does mean that the notion of the United States as the paragon of virtue and (during the Cold War) the Soviet Union as the epitome of evil is a Manichean view that does not reflect the good and evil mixture found in all nation-states.

President George W. Bush held a simplistic, Manichean view of the world that many Americans eagerly followed. Saddam’s Iraq was an evil state, and the good United States was obligated to attack the evil state (at first for the alleged but missing “weapons of mass destruction” and then to “save the Iraqi people from Saddam”). Americans’ hubris was expanded by its view that it was the hero country liberating the Iraqi people from a Satanic dictator. Now Iran is the enemy, and the Neoconservative war cries are loud–and Americans are buying into the new lie as well. Yes, Iran’s president holds an evil position in his denial of the Holocaust. Nothing can justify his views, nor his support of the radical religious groups that have held the country hostage since the Iranian Revolution of 1979. However, Iran also has a working democracy, unlike many other states in the region, including states the United States supports. Israel has a vital interest in what Iraq does, and if Israel wants to defend its vital interests militarily, that is Israel’s task, not that of the United States. However, the Neoconservatives are appealing to American Manicheanism and demonizing Iran as the new “evil empire.” Hopefully Americans will see that all people are “fallen,” as well as all nation-states, and any positing of “We good, they bad” is misleading and leads to unnecessary wars and bad foreign policy decisions.