Based on events in U.S. history, namely the Palmer Raids, Japanese internment and McCarthyism, Romero said that the Bush administration's response to Sept. 11, although initially appearing positive, would eventually lead to abuse. "Initially, there was much to be hopeful about," he said. "This president at least started out saying the right things."
With the passage of the U.S.A. PATRIOT Act, the ACLU believed that its worst fears had been confirmed. Romero outlined five core areas of concern, including free speech and government transparency.
"Free speech is critical now more than ever," he said. He noted that although the present situation is not quite comparable to the anti-communist hysteria of the McCarthy era, there have been several recent examples of infringements upon the First Amendment, including the denial of permits to citizens across the country who wanted to organize peaceful anti-war protests.
Romero also emphasized the importance of transparency, citing the government's refusal to release the names of detainees at Guantanamo Bay. "[After Sept. 11], we saw the government summarily close every single minute of every single deportation hearing," he said. He added that the Bush administration has also refused to release critical information to the National Commission on Terrorist Attacks upon the United States (also known as the 9-11 Commission).
According to Romero, due process rights are also under threat. The ACLU has advocated the fair treatment of "enemy combatant" Jose Padilla for over a year, arguing that, as a U.S. citizen, he ought to be entitled to the full protection of the law, including a public trial.
The Bush administration has contended that U.S. and international law do not apply to the detainees at Guantanamo Bay. "Even the accused-especially the accused-have full due process rights," said Romero. "The president cannot create an island outside of law, where law does not apply."
In closing, he urged students and other community members to continue the process of debate and dissent that forms the foundation of the "great American experiment."