Keene Act Repealed
WASHINGTON, Apr. 14 (AP) - President Nixon signed the Custodian Authorization and Registration Act (CARA) today, effectively overturning the controversial Keene Act and opening the door for self-styled "superheroes" to once again freely roam the streets.
Though Nixon signed the Keene Act into law in 1977, he embraced the new bill as a necessary change. "The tragedy of November 2nd showed the entire world exactly how dangerous our universe is," said the President at a bill-signing ceremony at the White House. "Prudence requires that we take every step necessary to defend ourselves. And if ordinary Americans want to help keep us safe, we ought to let them."
CARA allows citizens who do not work for law enforcement agencies to investigate and interdict crime on their own, acting as so-called "non-official custodians." It also permits them to do so in disguise and without disclosing their identities. However, the law does obligate would-be custodians to register with the F.B.I., though they may do so under an alias.
The Keene Act had banned civilians from engaging in law enforcement activities and required anyone making a "citizen's arrest" to reveal his or her name. It was passed during a period of urban unrest in the late 1970s when police forces, particularly those in New York and Washington, felt that their efforts were undermined by individuals they decried as "vigilantes."
The act effectively ended the activities of nearly all self-appointed "heroes," most of whom wore masked costumes and maintained secret identities. Only those who actively served the federal government were exempt from the law, though at least one rogue operative - known only as "Rorshach" - apparently remained active despite the threat of criminal sanctions.
However, after the deadly extra-terrestrial attack on New York last fall, groups across the political spectrum began calling for the Keene Act to be repealed. In an unusual alliance, the National Rifle Assocation and the American Civil Liberties Union both lobbied Congress to pass the new authorization act.
"If heroes are banned, that makes it all the easier to justify banning other things, like the ownership of firearms. By rolling back the clock, CARA protects society and protects the rights of gun owners," said NRA President George Gehag.
The ACLU, on the other hand, was concerned about freedom of expression. The organization, which once unsuccessfully challenged the Keene Act in court, said in a statement that it believes CARA enhances first amendment rights.
Despite the broad support for CARA, a small but vocal minority of legislators opposed the bill. One senator, Byron Baird (D-WI), went so far as to accuse the ACLU of selling out its principals. "Civil rights didn't disappear on November 2nd," Baird said. "This bill lets dress-up vigilantes ignore long-standing constitutional requirements like obtaining search warrants. Costumed marauders can storm through any American's living room without so much as a slap on the wrist."
Rep. Chuck Hanna (R-CO) expressed concern that police departments nationwide might once again feel threatened by custodians. "The police have a job to do, and they should be the only ones doing it. Costumed 'heroes' won't protect us from another alien attack," he said during a debate on the bill.
Polls showed strong majorities in favor of the bill. The F.B.I., however, expects that it may be some time before new custodians, if any, emerge to register and, presumably, fight crime. Some expressed the hope that the world-famous Jonathan Osterman - best known as the super-powered Dr. Manhattan - would view CARA as an invitation to return from seclusion.
"I sure hope the Doc comes back now," said Manny Lata of New York. "If those aliens attack again, he's our only chance."
Though Nixon signed the Keene Act into law in 1977, he embraced the new bill as a necessary change. "The tragedy of November 2nd showed the entire world exactly how dangerous our universe is," said the President at a bill-signing ceremony at the White House. "Prudence requires that we take every step necessary to defend ourselves. And if ordinary Americans want to help keep us safe, we ought to let them."
CARA allows citizens who do not work for law enforcement agencies to investigate and interdict crime on their own, acting as so-called "non-official custodians." It also permits them to do so in disguise and without disclosing their identities. However, the law does obligate would-be custodians to register with the F.B.I., though they may do so under an alias.
The Keene Act had banned civilians from engaging in law enforcement activities and required anyone making a "citizen's arrest" to reveal his or her name. It was passed during a period of urban unrest in the late 1970s when police forces, particularly those in New York and Washington, felt that their efforts were undermined by individuals they decried as "vigilantes."
The act effectively ended the activities of nearly all self-appointed "heroes," most of whom wore masked costumes and maintained secret identities. Only those who actively served the federal government were exempt from the law, though at least one rogue operative - known only as "Rorshach" - apparently remained active despite the threat of criminal sanctions.
However, after the deadly extra-terrestrial attack on New York last fall, groups across the political spectrum began calling for the Keene Act to be repealed. In an unusual alliance, the National Rifle Assocation and the American Civil Liberties Union both lobbied Congress to pass the new authorization act.
"If heroes are banned, that makes it all the easier to justify banning other things, like the ownership of firearms. By rolling back the clock, CARA protects society and protects the rights of gun owners," said NRA President George Gehag.
The ACLU, on the other hand, was concerned about freedom of expression. The organization, which once unsuccessfully challenged the Keene Act in court, said in a statement that it believes CARA enhances first amendment rights.
Despite the broad support for CARA, a small but vocal minority of legislators opposed the bill. One senator, Byron Baird (D-WI), went so far as to accuse the ACLU of selling out its principals. "Civil rights didn't disappear on November 2nd," Baird said. "This bill lets dress-up vigilantes ignore long-standing constitutional requirements like obtaining search warrants. Costumed marauders can storm through any American's living room without so much as a slap on the wrist."
Rep. Chuck Hanna (R-CO) expressed concern that police departments nationwide might once again feel threatened by custodians. "The police have a job to do, and they should be the only ones doing it. Costumed 'heroes' won't protect us from another alien attack," he said during a debate on the bill.
Polls showed strong majorities in favor of the bill. The F.B.I., however, expects that it may be some time before new custodians, if any, emerge to register and, presumably, fight crime. Some expressed the hope that the world-famous Jonathan Osterman - best known as the super-powered Dr. Manhattan - would view CARA as an invitation to return from seclusion.
"I sure hope the Doc comes back now," said Manny Lata of New York. "If those aliens attack again, he's our only chance."
posted by DavidNYC at 2:46 AM
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