Terror and a real threat to freedom of thought and expression

Yesterday I had to think about a challenge from journalist Charles Arthur. He wanted me to find a study showing that random stop and search can make an effective contribution to the security response to terror. While googling I came across references to the legal challenge to random searches by the New York Civil Liberties Union.

One anti-ACLU blog asserted that "city lawyers" have noted that "an al-Qaida training manual" advises terrorists to avoid police checkpoints. That would perhaps give the city some justification in its searches.

That might have been some evidence in an argument with Charles. Could well be true. But I didn't much like its phrasing or its provenance. Far too anecdotal to be used in a proper argument.

But I was intrigued by it.

What was that training manual? Was it perhaps the Encyclopaedia of Jihad that Observer chief reporter Jason Burke mentions in his superb and definitive paperback Al-Qaeda? It seems possible. Burke describes it as an "eleven-volume compilation of the tactics and techniques of modern irregular warfare and terrorism".

But it is not the kind of book you can just go and consult. It is illegal to possess it.

Abu Hamza al-Masri, the one-time preacher at Finsbury Park mosque was charged and convicted under various charges. One charge was brought under section 58 of the Terrorism Act - of being in possession of the Encyclopaedia of Afghani Jihad, which contained information "of a kind likely to be useful to a person committing or preparing an act of terrorism". Guilty as charged.

Jason Burke also has a copy of the Encyclopaedia. This is no secret. He mentions it in his book. It is referenced, "author's collection". That is a crime.

Two significant consequences flow from this.

One is that I cannot check that claim made by the ACLU opponents. I am unable to think about the appropriateness of the random search technique and whether it is or isn't justified by something in a terror manual. My freedom to know has been curtailed. So has everyone else's. Our public discourse is impoverished. We are at the mercy of rumour and unable to judge whatever information we are passed.

The second is that informed and skilled journalists - like Burke - are running a risk of at least an unpleasant encounter with security forces.

Perhaps you think this is silly talk. You can understand that it might be a crime for a crackpot preacher to have a book. But not a journalist. The Terrorism Act wouldn't be used against a respected journalist who was just doing his job of writing about terror. Would it?

Nah. That would be absurd and an abuse. It would be like detaining, humiliating and intimidating an actor because he had appeared in a film about innocent people held illegally at Guantanamo Boy. As Clive Stafford Smith, legal director of the charity Reprieve, says, "we cannot afford to be silent".

Les

Essential cause, good night out

Index on Censorship's annual fundraising and awards do is coming up - 22 March at Bloomberg LP, City Gate House in Finsbury Square, London.

It's a vital organisation, now as much as ever. The evening will honour people from around the world and their battles to uphold freedom of expression. Tony Benn will supply the keynote speech & running jokes. Various great and good in attendance.

Tickets are 100 quid, with discount for a party of ten. Champagne reception and supper. Details on Index's site.

Les