Posted by
Mhu Cao on Thursday, March 06, 2008 3:00:00 AM
(Note: this is long and may be tough to read. Sorry. No energy to edit.)
This post was inspired by responses that I've received to my questions, concerns, and findings regarding the substantial links between Barack Obama, Jeremiah Wright, and Louis Farrakhan, as well as Obama's ties to proponents of slavery reparations and black separatism.
Invariably, the respondents reflexively hurled the insult "racist" in a feeble attempt to stifle free expression. To some, the term racist is a flag that allows the reader to disengage rational metal processes. If the post is racist, it must be unworthy of reading and the poster is a horrible, uneducated person. It is not racist to raise issues pertaining to issues of race, no matter how troubling they are, and particularly when the issues may pertain to important policy positions, and possible future actions, of a U.S. Presidential candidate. My instinct is to reply to "Racist!" with "What are you trying to hide?"
Another specious defense by these respondents is the slightly more sophisticated charge of "guilt-by-association!" This shield is being used widely, particularly by those who do not know, or who choose to ignore, facts and circumstances, and the reasonable inferences suggested by those facts and circumstances.
Guilt-by-association implies a statement is a baseless ad hominem attack arising solely from one's association with another. What if the statement isn't baseless? What if the questions are directed to understanding one's intentions and future actions, given the nature of the persons or organizations with which s/he associates? What if the alleged ad hominem attack actually is a series of questions arising out of the behavior of one's associates or advocates?
A specious allegation of "guilt by association," in this context, actually is a shield used to abort public debate, to conceal a person's character, or to indirectly rehabilitate the reputation of the attacked.
From time immemorial, one's reputation has been determined in part by the company he keeps, hence the old maxims, "You can judge a man by the company he keeps" and "Birds of a feather fly together."
While one's associations may suggest that one's beliefs are in alignment with the norms, values, or behaviors of an organization, the association itself does not automatically proclaim allegiance to, or complicity in, the organization's norms, values, or behaviors. It is possbile for an individual to be a passive or inactive member of a particular organization, to be unaware of the organization's unlawful aims, or to disagree with those unlawful aims.
The Supreme Court has held that the First Amendment restricts the ability of the State to impose liability on an individual, solely because of his association with an organization, recognizing that a blanket prohibition of association with a group, having both legal and illegal aims, would pose a real danger that legitimate political expression or association would be impaired.
Although one's beliefs and expressions are Constitutionally protected, one's behavior may not be. The Supreme Court also stated that the Due Process Clause of the Fifth Amendment' requires one's guilt to be "personal," that is, proof of one's wrongdoing cannot be attributed to another. Thus, one cannot be held liable for the actions of an organization or another merely as a result of membership in that organization or by association with another.
Together, these Constitutional rights prohibit "guilt by association" - that one's association with another, in and of itself, is made criminal, resulting in punishment or penalty.
Even so, Congress has the power, under the Due Process Clause, to regulate some associational relationships, and some types of vicarious liability may apply to individuals under particular circumstances, as may be defined by laws pertaining to conspiracy and complicity. Therefore, the prohibition against "guilt by association" is not absolute.
Although the Constitution protects against invasions of individual rights, and prohibits unlawful guilt by association, it also provides the Government with the power to safeguard its vital interests. In addition, the Supreme Court has held that the right of privacy does not extend to organized groups or associations which solicit funds or memberships, or to corporations dependent upon the state for their charters. Also, the right of individuals to assemble is one thing; the claim that an organization of secret undisclosed character may conduct public drives for funds or memberships is another. Associations and their members may be free to solicit, propagandize, and hold meetings, but they are not free from public criticism or exposure.
Moreover, although all political efforts by argument or persuasion to change the basis of our social, economic or political life are tolerated, the line is drawn sharply and clearly at any act or incitement to act in violation of our constitutional processes. Thus, the Government, that is, We The People, have the right and duty to protect its existence against any force that seeks its overthrow or changes in its structure by other than constitutional means.
Where the question is one of the fitness or qualifications of an individual for a particular public position, it is legitimate to inquire as to matters that may prove relevant to their fitness and suitability for the public service. Past conduct may well relate to present fitness; past loyalty may have a reasonable relationship to present and future trust. Both are commonly inquired into in determining fitness for both high and low positions in private industry and are not less relevant in public employment. It is legally permissible to bar persons from certain positions merely because of their associations.
To that end, both federal investigative agencies, and the people of this Nation, have the obligation to conduct investigations, queries, or other vetting, which may be necessary to ensure that a Presidential candidate deserves the highest level of public loyalty and trust that would be granted, if elected to the Presidency. Thus, while a potential our Chief Executive and Commander-in-Chief enjoys the common rights bestowed to all citizens under the First and Fifth Amendments, it is absolutely necessary that the candidate completely and fully disclose and explain, if asked, affiliations with, support of, or endorsement by any organization.
There is no Constitutional right to a government job, including the Presidency. A candidate does not lose an important property or personal right, guaranteed by the Constitution, if found unfit to be President of the United States. Their Right to Free Speech is not impaired. They are free to associate with the organizations, as before, unless the candidate knows, or should know, that members of the organization are engaging in criminal behavior.
Understand a candidate's associations provides insight into the character of the candidate. In general, certain reasonable inferences may be made about an individual, by virtue of his membership in that organization. For example, it would be reasonable to infer that a member of a State Dairy Board has an interest in dairy products. The degree to which such inferences remain reasonable may vary, for example, by the extent of the individual's activities in the organization, by public membership, support, and statements of affirmation or endorsement, and by concerted activities with other organization members. For the most part, association with, support of, or endorsement by, an organization would be only one piece of evidence for consideration. Again, guilt by association applies to punishment or sanction, and not to inquiry, investigation, or vetting.
Association with, support of, or endorsement by, an organization espousing unpopular norms, values, or beliefs is not proof of guilt. However, it would be legitimate to question or challenge association with, or support or endorsement of, any organization, if such association raises suspicions of character or fitness that would make one unsuited for the job, or if such an investigation furthers an important or substantial governmental interest.
If discovered, information that a candidate associates with or belongs to certain organizations may be deemed a sound reason for making inquiries into the desirability of the election of that candidate. That is not "guilt by association." It is a warning to investigate the conduct of the candidate and his/her opportunity for harm.
In addition, there is a certain disingenuity and logical asymmetry to any debate, in which one is able to freely embrace virtue by association and, at the same time, righteously condemn guilt by association, particularly when the condemned act is little more than part of a necessary inquiry on a matter of supreme public importance. If specious claims of guilt-by-association are used to chill free speech and obstruct a necessary public inquiry, then the candidate making the charges is guilty of misrepresentation and worthy of every measure of opprobrium that the public can muster. No Presidential candidate, or supporter, has a valid basis for claiming guilt-by-association, or defamation, in questions raised during the Constitutional election process.
Obama's endorsement by separatist groups need to be explained. For decades, Louis Farrakhan and the Nation of Islam have espoused the overthrow and destruction of the United States - in a decidedly non-constitutional manner. Farrakhan's endorsement of Obama is not incidental or inconsequential; there are other links, deeper links. Obama needs to answer a number of questions that have yet to breach the surface of the public consciousness, questions that will not be silenced by feigned cries of "Guilt by association" or "Racism."