‘Have you been in any peace marches? We ban a lot of people from flying because of that’

If you take a look at Walter F. Murphy’s Wikipedia page, he sounds like an accomplished and impressive scholar. “He won a Distinguished Service Cross for his service as a Marine in Korea,” the page says. “He held the chair of McCormick Professor of Jurisprudence at Princeton. In addition to non-fiction works on political science, he has written three popular novels, Vicar of Christ, The Roman Enigma, and Upon This Rock.”

If anything, this understates Murphy’s background. Mark Graber adds that Murphy “is easily the most distinguished scholar of public law in political science. His works on both constitutional theory and judicial behavior are classics in the field.”

Unfortunately, that doesn’t mean he’s allowed to fly. (thanks to reader V.N. for the tip)

“On 1 March 07, I was scheduled to fly on American Airlines to Newark, NJ, to attend an academic conference at Princeton University, designed to focus on my latest scholarly book, Constitutional Democracy, published by Johns Hopkins University Press this past Thanksgiving.”

“When I tried to use the curb-side check in at the Sunport, I was denied a boarding pass because I was on the Terrorist Watch list. I was instructed to go inside and talk to a clerk. At this point, I should note that I am not only the McCormick Professor of Jurisprudence (emeritus) but also a retired Marine colonel. I fought in the Korean War as a young lieutenant, was wounded, and decorated for heroism. I remained a professional soldier for more than five years and then accepted a commission as a reserve office, serving for an additional 19 years.”

“I presented my credentials from the Marine Corps to a very polite clerk for American Airlines. One of the two people to whom I talked asked a question and offered a frightening comment: “Have you been in any peace marches? We ban a lot of people from flying because of that.” I explained that I had not so marched but had, in September, 2006, given a lecture at Princeton, televised and put on the Web, highly critical of George Bush for his many violations of the Constitution. “That’ll do it,” the man said.”

I’m sorry, I must be confused. Can someone remind me what country we’re in? I seem to recall a place called the United States. Has anyone seen it?

Keep in mind, Prof. Murphy is not exactly a conventional liberal academic. As Graber noted, Murphy is a critic of Roe v. Wade and supported Samuel Alito’s nomination to the Supreme Court. Apparently, none of this matters.

Now, as it turns out, after extensive review from TSA officials, American Airlines eventually gave Murphy his boarding pass, but not before telling him, “I must warn you, they’re going to ransack your luggage.” On the return trip, the ransacking didn’t matter — his luggage was “lost.”

“I confess to having been furious that any American citizen would be singled out for governmental harassment because he or she criticized any elected official, Democrat or Republican. That harassment is, in and of itself, a flagrant violation not only of the First Amendment but also of our entire scheme of constitutional government. This effort to punish a critic states my lecture’s argument far more eloquently and forcefully than I ever could. Further, that an administration headed by two men who had ‘had other priorities’ than to risk their own lives when their turn to fight for their country came up, should brand as a threat to the United States a person who did not run away but stood up and fought for his country and was wounded in battle, goes beyond the outrageous.

“Although less lethal, it is of the same evil ilk as punishing Ambassador Joseph Wilson for criticizing Bush’s false claims by ‘outing’ his wife, Valerie Plame, thereby putting at risk her life as well as the lives of many people with whom she had had contact as an agent of the CIA.”

Just 652 days left until there’s a real president. It won’t be easy, but I think we can make it.

We gotta get this guy on TV. And in front of Congress. And writing op-eds.

Think about this: war hero, distinguished scholar, elderly. Probably the perfect foil for the fucknuts who have dragged our country’s name and honor through the slime these last six-plus years.

  • Every day, I think it is not possible for me to feel any more anger or frustration or sorrow or shame that George Bush is the president of my country, but each day seems to bring some new revelation that proves me wrong.

    Never has 652 days seemed so far away, and never before have I worried that when that day comes, my country may not even resemble an actual democracy.

    Why is this man still president?

  • What is most troubling about this is the casual apathy and acceptance the American Airlines rep had for this. “That’ll do it”?!?!?!?! Criticize the Knucklehead-in-chief, and you can’t fly? “That’ll do it”?

    If that had happened to me, I would have made damned to sure to earn my place on the no fly list by kicking that guy’s ass across the airport and down the tarmac – and I haven’t been in a fistfight since the 6th grade.

  • Responsibly exercising your right to freedom of speech will get you, an American citizen, grounded? When was martial law declared?

  • This guy needs to sue — American Air, TSA, George W Bush, the little twit who said “that’ll do it”, and anyone else he can think of. He needs to seek injunctive relief against the watch list unless and until it is improved and not using the peaceful exercise of civil liberties as a criteria. He needs to seek literally millions in reputation damages, emotional distress, and punitives for the reckless disregard of his rights. And then it needs to become a class action. The point is to raise the visibility and the stakes so high the media cannot ignore it, and then let this guy be the public face of the issue — he is perfect, and his soundbites are spot-on. This is an anecdotal case that needs a long, long life, and it needs to be at the forefront of the effort to reclaim the First Amendment from the jackbooted thugs.

  • JoeW wrote: “If that had happened to me, I would have made damned to sure to earn my place on the no fly list by kicking that guy’s ass across the airport and down the tarmac”

    Now, I don’t think it’s the airport rep who needs a kicking here. He’s dealing with probably hundreds of passengers a day and his matter of fact tone seems to reflect that. The person who needs the kicking is the homeland security person who thinks that criticism of the president = punishment via watch list.

    the really interesting thing about the rep’s tone is that it’s so matter of fact, it suggests that it’s common knowledge among airline employees that politics is a major factor in watch list status. We’ve got more than enough investigations already, but it sounds like there’s another one begging to be started here.

  • Nice, he brings up abuses of the Constitution, the draft dodging drunk and the deferred Dick and Plamegate two paragraphs.

    Swiftboat this, muthafucka!

    I agree with dajafi @ 1. This guy needs to be interviewed, a lot.

  • Not having attended any peace marches lately, I have to wonder how it is that the government would know the names of those in attendance.

  • I haven’t seen our country since before the fool Reagan. This present crew of crooks and scum have managed to obscure any vision of liberty and equality we may have once had. I hope their little dream of an autocratic theocracy (hypocrites- they believe that religion is the opium of the masses) manages to crush them when it deflates.

  • “Just 652 days left until there’s a real president.”

    We can only hope–this is not a guarantee, however.

    I am amazed and disheartened at these clowns’ abilities to find new ways to further embarrass and soil themselves and this country.

  • Every time I read something like this I get angry at the Democratic buffoons in Congress who pose absolutely no threat to the Bush Crime Family. Down in his slimy cave, Cheney must be laughing his head off.

  • Okay, let me get this straight, if you attend PEACE marches, (that’s P-E-A-C-E, that means you are FOR non-violence, for you knuckle-dragging flying monkey reich wingers out there) then you are put on a terrorist watch list and can’t fly b/c you might be dangerous, but if you are pro-war, pro-killing, pro-invasion and destruction, then “Come on board, we’d love to have you on our planes here in ameriKa”.

    What the hell is wrong with these people??!!

    Support the prezidunce, or lose your rights. Yea, that’s America under Bush/5 war deferment Dick, and KKKarl.

    Outrageous and distgusting. It’s only a matter of time, if you’ve written on a progressive blog, then you rights will be stripped b/c you are dangerous. Yes, more dangerous than an idiot in the WH starting wars “at his pleasure”, murdering men, women, and children. Why, b/c you wrote on a blog or attended a march. You had the gall to exercise your rights as a citizen and to actually act “free and brave”. If you act in concert w/ the ideals that have made this country great, in other words, if you act like you’re actually an American, a person with liberties and rights that many have died for, you will be punished. Someone please tell me who the hell these people think they are?

  • “I confess to having been furious that any American citizen would be singled out for governmental harassment because he or she criticized any elected official, Democrat or Republican. That harassment is, in and of itself, a flagrant violation not only of the First Amendment but also of our entire scheme of constitutional government.”

    Meaning no disrespect here (if you google this guy, his decorations came as a participant in the Retreat from Chosin, the Marine Corp’s finest hour), but “welcome to America, Colonel.”

    Unfortunately, this is not new news. There were several thousand of us 40 years ago who were singled out by J. Edgar Hoover for the crime of exercising our First Amendment Rights, under what he called COINTELPRO. Not only was every telephone I had tapped by them every day from 1965-73, but the Veterans Administration was prevailed upon to exercise bureaucratic delay over my use of the GI Bill I had earned from my service in Vietnam, with late payments throughout most of my college years (which would have resulted in my losing my apartment for late rent payments had I not been fortunate to have a well-employed wife, among other things), with such delay on my attempt to use my GI Bill benefits to buy a house that the sale fell through. Atop all this, my wife and I were subject to an FBI disinformation campaign that tried to charge us with seling drugs to soldiers at Fort Hood from the coffeehouse we ran in Killeen, my government-employee father had his job threatened for the crime of being my father when the FBI came an interviewed him at work about me, my ex-career Marine father-in-law had the same harassment at work, and nearly lost his job at Wells Fargo as a result.

    This is what they do. They hit you with little things. Little things atop little things atop little things, with the goal of the cumulative effect wearing you down into quiescence. This is why they let the information of “why” circulate, to intimidate the people around you, who hear of what is being done to you. And if you don’t “get the message” they escalate.

    This is how the American police state works. This is how it happened to the people I know who ended up on the blacklist in the 1950s, it’s how it happened to us during Vietnam, it’s how it works today. It’s how it works.

    I do hope the Colonel does sue the shit out of these worthless motherfuckers, and win. But that doesn’t necessarily mean they’ll ever be stopped. HUAC got “stopped.” COINTELPRO got “stopped.” But they continue, different names for the same old same old.

  • I’m no security expert, but wouldn’t a terrorist try NOT to get on the Terror Watch List? Wouldn’t they be the ones who speak highly of GW and the Iraq war, and who speak out against ‘Islamofacism”? Maybe give a donation to the RNC?

    On another somewhat related note, I’m sure terrorists would be smart enough NOT to enter the US by illegally crossing the Mexican border, and instead would probably come to the US via Canada or a flight from Europe.

    I’m just sayin’….

  • “Maybe give a donation to the RNC?” Hasn’t his in fact already been done? And the RNC has not yet given up the money….

  • Jesus fucking Christ.

    This is an outrage. What’s next, putting people who blog from the left on the list?

    If the lapdog media doesn’t get this guy on TV, they need to go.

    BTW, I think the speech he gave that apparently got him banned from flying is here:
    http://web.princeton.edu/sites/jmadison/events/fall.htm

    The server is not responding right now, probably getting hammered by the attention, or maybe there’s an explanation that’s less inocuous.

  • Anne: Why is this man still president?

    I’ll take this one on:

    Because he acts like he is Emperor.

    If you act the role with enough chutzpah and authority… a sated population might moo and baa a bit, but ultimately accept the “reins.”

  • This scenario fulfills everyone’s worst nightmare about the so-called Patriot Act. Its provisions are not so much about improving national security as providing the ruling party with effective political tools to rattle the cages of anyone it sees as an “enemy” for any political reason. The Patriot Act is not about protecting the people from external threats, it’s about protecting the ruling party from the people.

    Equally disturbing is reading through the comments section over at Balkinization where this story was originally posted. The number of people who dismissed Murphy as someone who deserved the harassment he got simply because he thinks Joe Wilson and Valerie Plame are telling the truth, despite his very conservative bona fides, is appalling.

  • @Tom Cleaver #14

    It’s not clear from your comment. Are you actually insulting the Marine Corps due to Chosin, or are you just not familiar with why the retreat from Chosin occurred? If it’s unclear, please stop the googling and pick up one of the many fine histories written on the Korean War. If you’re actually insulting the Marine Corps, make sure people like me, i.e., former Marines, aren’t in the same room with you.

    You may not have meant any disrespect, but it sure as hell came across that way. It sounds like the thoughts expressed over on certain reich wing blogs and such. Just sayin’.

  • so does stuff like this show up on the Limbaugh show or on the pro-Bush blogs?? How do they ‘splain it, Lucy?

  • I think it was Errol Morris, the documentarian who made “The Fog of War,” who was making commercials in ’04 of former Bush supporters who were intending to vote for Kerry. They were effective ads, just direct-to-the-camera stories from real Americans who’d figured out what was going on and wanted to do something about it… but the walking brain donors who ran the Kerry campaign didn’t use them, probably because they couldn’t exploit their usual money-making scam by doing so.

    If Morris is willing to give it another shot, it seems to me like a series of commercials with Col. Murphy, the Denver Three, and so many others–Americans who were political victims of the Bush Regime for the heinous crime of exercising their Constitutionally protected rights–might be an extremely effective tool by which to raise awareness of just how profoundly at odds these bastards are with our noblest traditions.

  • “Have you been in any peace marches? We ban a lot of people from flying because of that.”

    Too bad they didn’t give the rest of the quote: “Because we’re a bunch of moronic fucking commies who hate America.”

  • The Marine retreat from Chosin is considered “The Marine Corps’ finest hour” by no less than the writers at Marine Corps University of the official “History of the Chosin Campaign.” The event is compared in history with the retreat of Xenophon’s Ten Thousand Greeks told in “The Anabasis.”

    I have been privileged over the years that I have written extensively about the campaign and tried for ten years to make a movie out of the Battle at Toktong Pass – “the bloodiest small unit action in American history” – that saved 5th and 7th Regiments’ escape from the reservoir, to have known 3 of the 4 of the 14 Medal of Honor winners (more MoH for this than any other battle in American history – all of four won in the fighting around saving Fox Company in their stand at Toktong Pass. The late William E. Barber, C\O of Fox, the late LGEN Ray Davis CO of the scratch battalion formed to rescue Fox, and Tom Hudner – the only Navy MoH who flew air support for the battle.

    I’ll let the Marines finish the argument:


    “Not a mile was easy. The road was narrow and winding. Of dirt
    and gravel, oxcarts had a hard time passing, let alone tanks,
    trucks and artillery. At times, it seemed to go straight up; at
    others, straight down. And always around a hairpin curve where a
    roadblock could be waiting .

    “Breaking out from Yudam-ni to Hungnam cost the United States
    Marines two hundred men per mile. It was The Corps’ finest
    hour.”

    –United States Marine Corps
    “History of the Chosin Campaign”

    So don’t you lecture me on this topic, OK?

  • Hey Tom @26 – it’s clear you don’t “support our troops” you lefty liberal. Why don’t you just pipe down, give Our Fearless Leader all the money he wants to win the War on Terror against “those who would do us harm” including those pacifist professors who cry about how their civil liberties have been taken.

    And furthermore, while I’m at it, what would a former soldier like yourself know about military matters anyway? I would much rather rely on people like Dick Cheney and George Bush – now those are people you can rely on in a foxhole!

    Thanks Tom – just felt like I had to get that off my chest.

  • I stand corrected, Tom Cleaver. Your original post (#14) wasn’t written as clearly as #26. I was caught off guard since I usually agree with your comments here on CB. #14 came off as derisive. The misunderstanding is my fault.

    Also, you are most certainly NOT a member of the “reich wing”–because no right winger would have dared to delve into the history of the Korean War, or any war for that matter. Thank you for doing what you have done and what you continue to do.

  • I would suggest that prof. Murphy take his beef directly to his protege on the SCOTUS, Samuel Alito, that model defender of human rights.

    Quite a few more old-fashioned/moderate Repubs don’t like Bush or Cheney personally, even as they agree with most of their policies, including the larger slice of pie for the executive branch and a diminution of individual rights of citizens (like woman’s right to choose, among other things). Was the good professor objecting to the Patriot Act and its idiocies before they affected him personally?

  • Is there any evidence, aside from the second-hand statement of an airline ticket agent who was likely speaking more out of an inflated sense of self-importance than from actual knowledge, that Professor Murphy’s name was entered on the no-fly list in retaliation for his criticism of the administration? Ryan Singel at Wired’s Threat Level blog, who has written extensively on government watchlisting, doesn’t seem to think so:

    The key question to ask about cases where children or nuns or Senators or peace activists get selected for extra screening is: Evil or Incompetent?

    Woe be it for this blog to defend the country’s foolish watchlist system, but after having spent more than four years reporting on watchlists, filing Freedom of Information Act requests, and talking with persons flagged by the lists, I have never seen a single case of a person being put on the list for activities protected by the First Amendment.

    http://blog.wired.com/27bstroke6/2007/04/debunking_the_p.html
    Mr. Singel further notes that he is “open to any evidence that the government has watchlisted American citizens for exercising their Constitutional rights, but I’ve never seen it.”

    I’m on the no-fly list, too, or at least, someone with my name is (more precisely, having been made aware of the distinction by Mr. Singel’s blog, it’s more likely that I’m on the “selectee” list rather than the “no fly” list). It’s not really a terrible inconvenience, it just takes a few extra minutes while the check-in clerk takes my I.D. and makes a phone call. While I may have made a few blog comments critical of the administration over the years, I tend to think it’s more a case of mistaken identity than intentional retribution. I would advise agaisnt jumping to conclusions without more evidence than the simple coincidence that Professor Murphy is one of many individuals who have been publicly criticial of the Bush administration.

  • I’ve flown quite a lot in my life, but not since 2005. I’m scheduled to go on an airplane trip (international) in November, and I’m wondering now if I’m on the no-fly list. Stuff like this is part of why I no longer comment on blogs under my real name.

  • James Dillon, @30,

    I think you’re likely right and it’s a simple mix-up in operation, not some dark malice. The trouble is… this malAdministration has made such accusations (ie punishment for speaking out) entirely credible. If people who’d paid for their tickets can be evicted from a public hall on the basis of an anti-Bush sticker on their car (Denver 3), then it’s entirely within realm of possibility that someone would be forbidden to fly on a similiarly flimsy basis.

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