ACLU Sues Over Effort To Ban Y2K Video

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ACLU Sues Over Effort to Ban Y2K Video NEW YORK (APBnews.com) -- The American Civil Liberties Union has filed a lawsuit against top law enforcement agencies for trying to ban an online fictional video about a supposedly secret plot by the U.S. military to spark a race riot in Times Square on New Year's Eve.

Citing First Amendment protections, the legal complaint is aimed at the Department of Justice and the FBI for their role in seeking to have the six-minute color video taken offline.

The move to quash the video was handled by the FBI's New York office, along with the United States Attorney's Office for the Southern District of New York.

Suit seeks damages, declaration

The ACLU charges that government agents engaged in an officially sanctioned "policy and practice" of suppressing constitutionally protected speech and due process rights when they sought to censor the film. The lawsuit seeks financial damages and a court declaration that the government acted unlawfully. An unspecified amount of monetary damages is also being sought.

James Margolin, a spokesman for the FBI in New York, said he could not comment, citing the litigation. Marvin Smilon, a spokesman for the U.S. Attorney's Office, also declined to comment. FBI Special Agent Joseph Metzinger and Assistant U.S. Attorney Lisa Korologos handled the investigation into the video.

"As a result of the government's actions, an artist has experienced censorship and intimidation, and a businessman has been forced to choose between his rights and his livelihood," said Ann Beeson, a staff attorney with the ACLU national office, which filed the case together with the ACLU of New Jersey.

FBI report outlines possible scenarios

The short film was created by Michael Zieper, 39, a West Caldwell, N.J., artist and filmmaker, and posted on his Web site, hosted by BECamation, an Internet service provider in Edwardsburg, Mich., owned by Mark Wieger.

The lawsuit was filed in U.S. District Court in Newark, since Zieper lives in New Jersey.

With concerns over potential Y2K violence occurring on New Year's Eve, federal law enforcement agencies are on alert and the FBI has even issued a report called "Project Megiddo" which outlines possible Y2K terrorist scenarios.

Zieper's realistic-looking video is basically a narrative with shots of the Times Square area. The narration includes a lot of military lingo and codenames, such as Bravo Team and First Team.

Video includes message

The Web site where the video can be seen, Crowdedtheater.com, includes this message:

"Is there going to be a Military Takeover of New York City on New Years Eve 1999? I don't know too much about this tape you are about to see. I got it from my cousin Steve who's in the army. He said that copies of this tape are floating around the base, and nobody knows who made it. If it's fake, then there's nothing to worry about. If it's real, then we're in really big trouble."

The "Military Takeover" video is part of a larger body of work created by Zieper, which, though fictional, suggests that the events could happen.

"It is comforting to be told that something is 'only a movie,' but the problems that this video addresses can not be wished away with the promise of a hero and a happy ending."

'I was trying to provoke thought'

The video, he said, raises issues about people's fears of the upcoming millennium, the distrust many Americans have for their government, and the use of racial hatred to manipulate the American people.

"Ironically, I was trying to provoke thought about Y2K issues that concern all of us, including some people's belief that our government is hostile to its citizens. What happened to me is a prime example of why some people think that way," Zieper said.

When he created the project, Zieper said he never expected to be discussing First Amendment issues or going to court.

"I never thought that I crossed any line," Zieper said.

'I feel like I got a double whammy'

After contacting Zieper, agents from the FBI and U.S. Attorney's Office then tracked down Wieger, saying they were concerned about the message of the tape and possible reactions to it.

"I feel like I got a double whammy -- first, the FBI pressures me to remove Mike Z's site, then the Internet community flames me and my clients, even after I re-post the Web page," Wieger said. "The FBI misled me into believing that I could be prosecuted, and as a result my business and my reputation have been damaged."

Wieger decided to remove the video after feeling pressured by federal agents, who had threatened to go to his Internet service provider and have the plug pulled on the small company.

He said he reviewed Zieper's tape and thought it was similar to X Files- or Blair Witch Project-type videos and was only meant to highlight the artist's skills.

ACLU acknowledged concerns

The video was taken offline for about two days in November, said Wieger, when he had not heard from Zieper and was concerned over what actions federal agents might take.

Zieper said he is unsure whether the video will be taken offline after New Year's Eve.

"I certainly like for people to talk about these issues, which don't go away that morning after. We'll just see," Zieper said.

The ACLU acknowledged that law enforcement agencies have legitimate concerns about actual violent incidents in connection with the new millennium, but said using government powers to suppress clearly protected works of fiction violates the First Amendment.

"I think we can all agree that we want the FBI and other law enforcement agencies to take very seriously any threat to people's safety," said J.C. Salyer, a staff attorney for the ACLU of New Jersey. "But censoring artists doesn't take us any further towards that goal."

By David Noack, an APBnews.com staff writer (david.noack@apbnews.com)

http://dailynews.yahoo.com/h/ao/19991222/cr/19991222013.html



-- LOON (blooney10@aol.com), December 22, 1999

Answers

It is good to see the ACLU in action once again to protect First Amendment rights. Now, if they could EVER devote 1/1000th of the effort to the Second Amendment, I'm sure they could do wonders for the right to keep and bear arms.

-- King of Spain (madrid@aol.cum), December 22, 1999.

Oh do try to be just a little consistent, KOS. You're berating one Big Organisation (the Feds) for taking away individual responsibility, while whining that another one (ACLU) doesn't fight your battles for you.

-- Servant (public_service@yahoo.com), December 23, 1999.

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