Fundamental of all human freedoms is the freedom of expression. Our thoughts and opinions can generally be expressed in speech with minimal government interference.
From what I recall in my Constitutional Law class, protected speech does not include speech that incites imminent criminal action that impacts national security.
Much has been posted on social media regarding the events surrounding the killing of African-American George Floyd in the hands (or in the knee) of Minneapolis City police officers. Some people took to the streets to let their voices be heard against racial discrimination. Unfortunately, those who resorted to violence and looting of commercial establishments were not exercising their freedom of expression. The angry mob, filled by evil motives, simply took advantage of the chaotic events. Needless to say, what has transpired in most urban areas in the US reflected the polarizing divide that has prevailed in America for more than a hundred years.
In the Philippine setting, people have taken a stand in some nation-dividing issues. For instance, the closure of media giant ABS-CBN due to the expired franchise dominated the news in recent weeks. More recently, the Anti-Terrorism Bill has taken over the headlines. I refuse to take a stand unless I understand the rationale behind such government action. Though I am torn, intellectually and practically, as to the one key provision in the Anti-Terrorism bill, I will take a stand.
As a lawyer, I am appalled at the provision that allows for a detention period of 14 days without the benefit of a judicial charge. Worse is the accompanying provision that allows a 10-day extension to such detention. If the bill, mysteriously certified as urgent in the time of a pandemic, becomes a law, government agents can arrest any person upon mere suspicion of committing a terrorist act, as defined in the law. There is a plethora of jurisprudence that has provided enough legal bases for law enforcement agencies to understand the finer points of a legal arrest without a warrant. In fact, my thesis in law school, titled “Warrantless Arrests In Intelligence Operations Affecting National Security,” compiled all such cases to come up with a proposal to sanction the legality of warrantless arrests in limited high level intelligence operations, on top of those allowed by the Revised Rules of Criminal Procedure and judicial decisions.
However, as a former Army officer assigned in the intelligence service, I understand the inherent difficulty in complying with legal requirements in the conduct of operations against known threats to national security. Back then, it was almost impossible to secure a warrant in time to swiftly arrest members of ultra-rightist groups. After all, these lawless elements, mostly former members of the military, were not only extremely mobile and resourceful but were also well versed as to how our unit operates. At that time, these groups threatened the stability of the country as they kept on planning and launching coups to overthrow the administration. I know that some of my colleagues then were taking short cuts if only to accomplish objectives. As a mission-oriented organization that focuses on numbers, our unit found creative ways to get the job done at all costs, justifying the means with the end, that is, capturing enemies of the State!
“Sit down before you stand up” simply means that before we exercise that freedom of expression, we should have a more reflective understanding of the issues. This is so because the Bible tells us, in Proverbs 13:3, “Guard your words and you’ll guard your life, but if you don’t control your tongue, it will ruin everything.” Our eight tongue muscles, though not the strongest of all, never tire out. People cannot run the whole day but they can talk all day! Seemingly insignificant, our tongue muscles can be very powerful for it is written in James 3:5-6, “Likewise, the tongue is a small part of the body, but it makes great boasts. Consider what a great forest is set on fire by a small spark. The tongue also is a fire, a world of evil among the parts of the body. It corrupts the whole body, sets the whole course of one’s life on fire, and is itself set on fire by hell.” We must use our spoken words wisely for they can either build or destroy.
Before going to the streets to protest and vilify another, one should truly comprehend the issues. Sitting down will allow emotions to subside. Sitting down will also allow conscience to dictate motives in speaking out. Our innate human nature makes us say or do things for the wrong reasons. Every well-meaning Filipino, when government tries to stifle the most fundamental of all freedoms, ought to stand up! In the Bible, Ecclesiastes 3:7 tells us that there is, “a time to tear and a time to mend, a time to be silent and a time to speak.” But please be aware of the issues first by sitting down before standing up. For believers, sitting down allows the Holy Spirit within, to harmonize logic, reasoning, and emotions with a spiritual perspective.
Lest I will be mistaken, all of us should not be apathetic to issues affecting society; instead we must use our freedom of expression to stand up. As for this Anti-Terrorism bill, the long period of detention may help get the job done in capturing evil terrorists as vital information can be legitimately coerced in a lengthy investigation. But such prolonged and extendible detention without a warrant is evil. In the process, government agents in their quest to combat evil terrorists become evil as well. Society cannot and should not allow evil to fight evil. Standing up against this provision in the bill, I expect some of my former colleagues in uniform to criticize me or even unfriend me in social media. That’s their right as well as it is mine to speak out and stand up. But I hope they sit down first, as I did.
A former infantry and intelligence officer in the Army, Siegfred Mison showcased his servant leadership philosophy in organizations such as the Integrated Bar of the Philippines, Malcolm Law Offices, Infogix Inc., University of the East, Bureau of Immigration and Philippine Airlines. He is a graduate of West Point in New York, Ateneo Law School, and University of Southern California. A corporate lawyer by profession, he is an inspirational teacher and a Spirit-filled writer with a mission.
For questions and comments, please e-mail me at sbmison@gmail.com.