 Greg Lukianoff of the Foundation for Individual Rights and Expression recently called the crisis in Iran the biggest free speech story in the world. It is also a reminder why we must struggle to uphold the unqualified guarantees in our nation’s Constitution. Consider how the internet blackout in Iran enabled a constellation of injustices and outrages against human rights – from the mass murder of protesters (now estimated to be in the thousands, if not tens of thousands), to the arbitrary arrests of people speaking their minds, to the random searches of people and their devices, the latter of which is forbidden in our country by the Fourth Amendment. The Iranian example powerfully illustrates the many ways in which it matters how idealistic-sounding constitutional protections are worded. For example, the Iranian Constitution states that Iranian women are equal to men. Not only that, but the life, dignity, and property of all individuals are “inviolate.” So are freedom of speech and belief. All these rights are guaranteed to Iranian citizens – except for the escape clauses and exceptions that allow the government to do whatever it wants. For example, Iran’s constitution declares: “The inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the willful failure to transmit them, eavesdropping, and all forms of covert investigation are forbidden, except as provided by law.” Which is to say: any law the government cares to create or cite. Other rights of Iranian citizens are qualified with conditionals – fully 20 of them (words that translate into “except,” “unless,” “in conformity with,” and more) – making Iranians’ rights subject to the state’s definition of social order, statutory convenience, and theocratic fascism. The right to an open trial is guaranteed, “unless a court determines that an open trial would be detrimental to public morality.” Our Bill of Rights contains no dress code. But the vagueness of Iran’s Constitution allows both the punishment of women who fail to wear a hijab in public, and the executions of sexual minorities. In contrast, the American Fourth Amendment constrains government surveillance of Americans without weasel words. To search Americans and their communications, the government must obtain a probable cause warrant. With the emergence of digital technology, our government often violates this amendment, but at least we have an unequivocal standard by which we can hold the government to task for its failings. It is no coincidence then that the 60-plus liberties spelled out in the Bill of Rights are integrated and mutually supporting. The guarantees of the Fourth Amendment, which ensure a high degree of privacy, necessarily protect our First Amendment rights. Thus, the encroachment by federal agencies on the Fourth Amendment is a concern for the health of all our rights. But at least we have a standard to appeal to. In an authoritarian state, when confronted with millions of people clamoring for democracy, the paper rights of Iran’s constitution collapse together. Iran shows us that our Fourth Amendment is not a technicality: it is a structural defense for every other liberty we possess. If we allow it to be weakened by convenience or fear, we inch closer to the kind of paper guarantees that collapse under pressure. Iran shows us the end state. The tragedy in Iran should give us all the more reason to cherish our Fourth Amendment and other rights – and to defend their boundaries fiercely. Comments are closed.
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