New terror bill akin to "McCarthy-style communist witch-hunt tactics"

New terrorism bill would give authorities power to fire public educators who teach "untruths" about terrorism
By Steve Geissinger

MediaNews Sacramento Bureau
Jan. 31, 2007

SACRAMENTO - A proposed law would give authorities critical new tools to thwart the scary prospects of a terrorist attack in California, supporters said Wednesday, while critics insisted it is a giant step backward to McCarthy-style communist witch-hunt tactics.

Two Republican lawmakers want a system to weed out terrorist cell members who may try to infiltrate state and local agencies as part of attack plans, as well as deal with some educators who may be terrorism sympathizers tainting high school and university students.

"I just don't think we ought to wait around until we get hit," said Assemblyman Chuck DeVore, R-Irvine, who co-authored the bill.

But Senate leader Don Perata, D-Oakland, called the bill "outrageous McCarthyism-era government intrusion."

And Assemblyman Guy Houston, R-San Ramon, said, "I would be very hesitant to empower our local school boards to investigate terrorist networks."

DeVore, who is on a committee that oversees the National Guard, said he has proposed deletion of "obsolete" laws from the 1950s regarding communists but saved some parts, inserting provisions to guard against terrorists.

DeVore's AB137, introduced last week with Assemblyman Michael Duvall, R-Brea, as co-author, would give authorities power to grill and fire state and local government workers tied to terrorist groups or donating to them, as well as public educators who teach "untruths" about terrorism.

The agencies empowered to hear testimony under oath from suspects, after substantial charges from anyone, include the governing body of the suspect's employer, a U.S. congressional or state legislative committee and subcommittees of those committees.

Mike Spence, president of the GOP's conservative California Republican Assembly, said there is "great concern over people who are being paid with our tax dollars who are misusing their positions in order to support terrorist activities."

"Obviously, our members want that (legislation) to be something that would root out some of that," he said.

Several public and private organizations -- ranging from the American Civil Liberties Union to the state Education Department to the California Teachers Association -- withheld a stance on the bill as they study it.

The director of one such group, Jonathan Bernstein of the Anti-Defamation League of Northern California, said his group tries to "strike an even balance in terms of protecting people's civil rights and opposing hatred and terrorism, and it's not always an easy thing to figure out where that balance is."

Due to some support for the bill, the importance of the issue and indecision by many, the authors hope to force Democrats -- who control the Legislature -- into holding a hearing on the measure.

The bill drew opposition from Bay Area Democrats and its sole GOP legislator.

"I am committed to combating terrorism and protecting Californians, but do not want to live in '1984,'" Perata said, referring to George Orwell's book on a totalitarian state. "I am adamantly opposed to turning California into a 'Big Brother' state with outrageous, McCarthyism-era government intrusion."

Houston said that "Congress has created homeland security laws to investigate and prevent terror threats."

DeVore acknowledged the measure focuses on legal territory covered by federal law, but he said his bill goes beyond U.S. regulations in some areas.

Gov. Arnold Schwarzenegger's office said he had taken no position on the bill -- his general policy until a measure reaches his desk.

The bill includes provisions for appeals by fired employees and whether suspended workers receive pay. Any worker who refuses to appear at a hearing would be fired.

In the case of educators, teaching of "untruths" about terrorism is not defined. DeVore said "untruths" would include propaganda used by terrorists to justify killing. The measure also bars terrorism sympathizers from raising funds at school events.

It would require a formal statement from fundraising groups seeking access to school buildings and provide officials the power to require additional proof of the organization's innocence.

To justify the bill, the measure has California declaring a "clear and present danger" that "extremist terror network" members might try to get jobs with public agencies "to hamper, restrict, interfere with, impede and nullify" efforts to "enforce the laws of this state."

The terrorist networks' other goals, according to the bill, include wanting to "inflict great harm on the citizens of this state, to raise money to support global terrorist operations and to spread deceit and teach untruth."

Terrorist cells already are conducting operations in California and elsewhere, such as cigarette smuggling, to raise funds, DeVore said.













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