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Unnoticed 1st Amendment Abuses
by Steve Gligorov J.D. and Metodija A. Koloski
September 14, 2004

The United States has a long history of protecting and preserving freedom of the press. As early as 1789 Madison's version of the speech and press clauses, introduced in the House of Representatives on June 8, 1789, provided: ''The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."

In the last 40 years the United States emerged as a worldwide leader insuring uninhibited public debate on governmental matters. This principal was permanently weaved in the social fabric of America Society in 1964 when a unanimous Supreme Court stated in New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964): ''we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials.''

This policy is now in trouble. Specifically, the U.S. Department of State (through its Office of South Central European Affairs) actively engaged in erosion of freedom of the press when it acquiesced to an agreement for the sale and destruction of culturally significant historical monuments. According to the British Broadcasting Corporation's 11 June 2004 Monitoring Europe report, by J. Ivanovska, the U.S. Office of South Central European Affairs acquiesced and actively participated in a governmental media ban (under Macedonian law) which precluded local preservationists, historians, and archeologists from reporting on the signing of an agreement between Macedonia and the United States.

Using tactics such as governmental censures, or media bans, in an effort to silence preservationist efforts is not merely unconscionable, but it can, and should be, regarded as unconstitutional under the United State's Federal First Amendment, as well. Local grassroots activist campaigns, such as Ms. Bunevska Isakovska's, were effectively muted and marginalized by the media ban. Ms. Isakovska's efforts to stop the proposed construction of an American Embassy, so as to save the medieval town and its accompanying sixth century Fortress Kale Gradishte, merely resonated on deaf ears.

A governmental taking of a people's ability to speak, to write, or to publish in mass their sentiments as to a state action is akin to removing certain guaranties and immunities, which Americans inherited from their English ancestors and subsequently enumerated in the Bill of Rights. American Ambassador to Macedonia, Lawrence Butler, denied that the proposed construction of the American Embassy would damage the culturally rich historical site represented on Macedonia's currency 100 Denar note. Moreover, both Ambassador Butler, and the Office of South Central European Affairs (based in Washington D.C.) virtually failed to publicly rebuke the governmental media ban.

Only after a series of informational inconsistencies (between the U.S. Office of South Central European Affairs, Ambassador Lawrence Butler, and the media) are public groups, such as the Macedonian Association of Students and Young Professionals of Metropolitan Washington D.C., calling for governmental oversight and congressional intervention. According to foreign media Arizona Congressman, Jim Kolbe, is concerned about conservationist efforts and has intervened in the matter.

Finally, promoting the construction of an American Embassy under such censurable circumstances places the United States in an awkward foreign policy position, as well. An attempt to reconcile the deep-rooted First Amendment Freedom of the Press with the acquiescent behavior of the United States Government (in relation to the Macedonian media ban or censorship of the press) seems irreconcilable, at best. Not only does this policy establish hypocrisy on its face, but if there is no change as to existing policy, then this policy reflects the apparent; specifically, that the U.S. discriminates between the freedom of press rights it accords to citizens of other countries as opposed to the freedom of press rights it accords to native United States citizens.

Steve Gligorov, J.D.

Metodija A. Koloski is a co-founder of the Macedonian Orthodox Youth Association of North America.