thehill.com Open in urlscan Pro
151.101.1.91  Public Scan

Form analysis
2 forms found in the DOM

https://thehill.com/

<form role="search" class="search-form site-header__search-form" action="https://thehill.com/" data-module-type="site-search" data-link-category="Site Search">
  <span class="screen-reader-text"></span>
  <div class="search-form__fields">
    <input type="search" name="s" placeholder="">
    <input type="submit" name="submit" value="Search">
  </div>
</form>

GET https://nxslink.thehill.com/join/signup

<form action="https://nxslink.thehill.com/join/signup" method="get">
  <div class="network-footer__newsletter__form">
    <input placeholder="Your Email" type="text" id="edit-email" name="email" value="" size="60" maxlength="128" class="network-footer__newsletter__email-address">
    <input type="submit" id="edit-submit--2" name="op" value="Send" class="network-footer__newsletter__submit">
  </div>
</form>

Text Content

Skip to content
LIVE:
Defense Secretary, Joint Chiefs chair set to announce additional $6 billion
Ukraine aid package


Toggle Menu Open Navigation Close Navigation
 * 
   Close search form
 * News
    * Senate
    * House
    * Administration
    * Courts
    * Campaign
    * 2024 Elections
    * Health Care
    * Media
    * Education
    * Latino
    * LGBTQ
    * Race & Politics
    * State Watch
    * In The Know
    * Changing America
    * People in the News
    * Print Edition

 * Policy
    * Defense
    * Energy & Environment
    * Health Care
    * Technology
    * Transportation
    * International
    * Cybersecurity
    * National Security
    * Space
    * Sustainability

 * Business
    * All business news
    * Budget
    * Economy
    * Personal finance
    * Housing
    * Lobbying
    * Taxes
    * Trade

 * Health
 * Opinion
    * Columnists
    * Congress Blog
    * All Contributors
       * Campaign
       * Civil Rights
       * Criminal Justice
       * Cybersecurity
       * Education
       * Energy and Environment
       * Finance
       * Healthcare
       * Immigration
       * International
       * Judiciary
       * National Security
       * Technology
       * White House
   
    * Submit Opinion Content

 * Events
    * Upcoming Events
    * About

 * Jobs
    * Government Affairs Jobs
    * National Jobs
    * Work for The Hill

 * Video
 * Newsletters
    * Sign up
    * Morning Report
    * 12:30 Report
    * Business & Economy
    * Defense
    * Health Care
    * Campaign Report
    * Technology
    * Energy & Environment
    * Sustainability


 * SIGN UP TO OUR LATEST NEWSLETTER
   
   Sign Up
 * Search Search


TRENDING:

 * Kristi Noem
 * Biden Howard Stern show
 * Justice Samuel Alito
 * Trump hush money trial


SPONSORED:

 * Content from American Chemistry Council


JUST IN...

 * How wishful thinking from the West enabled Russian authoritarianism
   International - 2 minutes ago
 * CDC describes how unlicensed ‘vampire facial’ treatment infected women with
   HIV
   Health Care - 10 minutes ago
 * 12:30 Report — Trump’s hush money trial continues
   12:30 Report - 25 minutes ago
 * Trump hush money trial live updates: Defense finishes questioning David
   Pecker
   Court Battles - 31 minutes ago
 * Should US manufacturing policy embrace job restoration or retraining? 
   Finance - 32 minutes ago
 * Raskin: Supreme Court should be moved ‘over to the RNC headquarters’
   House - 36 minutes ago
 * Former Capitol officer on Trump support of Jan. 6 rioters: ‘He’s a sick
   individual’
   Court Battles - 39 minutes ago
 * Blinken: China seeks to ‘influence and arguably interfere’ with US elections
   Administration - 1 hour ago

View all Load more
Opinion>National Security
The views expressed by contributors are their own and not the view of The Hill


SECURITY THEATER INSTEAD OF SAFETY: NEW YORK’S MILITARIZED SUBWAY CHECKPOINTS
ARE A POLITICAL SCAM 

by Mark Miller and Daniel Woislaw, opinion contributors - 04/26/24 12:00 PM ET

Facebook Share Post
 
... More
by Mark Miller and Daniel Woislaw, opinion contributors - 04/26/24 12:00 PM ET

Facebook Share Post
 
... More
Share ✕
Twitter Twitter
Facebook Facebook
LinkedIn LinkedIn
Whatsapp Whatsapp
Email Email

Getty Images
NEW YORK, UNITED STATES – MARCH 07: Members of the National Guard patrol at the
subway station in New York, US, on March 6, 2024. New York Governor Kathy Hochul
is deploying 750 National Guard officers into New York City’s subway system
after a rash of violent incidents has reignited fresh concerns about safety on
the biggest US transit network. Their mission is to collaborate with the State
Police in supporting the New York Police Department officers in conducting
thorough bag checks within the subway system. This move comes in light of a
surge in attacks targeting both passengers and subway workers over the past few
months. (Photo by Selcuk Acar/Anadolu via Getty Images)

During his colorful tenure as mayor of New York City, Ed Koch often rode the
subway and asked his fellow straphangers, “How’m I doin’?” If only Gov. Kathy
Hochul would do the same. It wouldn’t take more than one or two brief trips to
learn that her new militarized checkpoint scheme for the subway is not only
burdensome and unpopular but patently unconstitutional. 

Last month, Hochul implemented her plan to address the increasing public
perception that crime on New York’s subways has gotten out of hand. But the
governor didn’t seek to arrest and lock up the criminals. No, that would make
too much sense. Rather, she deployed the National Guard to the busiest, but not
necessarily most dangerous, subway stations. 



Under the watchful gaze of the military, the police search innocent passengers’
bags as a condition of entry to the subway. Passengers must open their bags for
the probing fingers and eyeballs of police and soldiers alike. Those who refuse
the searches are denied access to the most essential public transportation
system in New York. 

As if that weren’t bad enough, Hochul concedes that her strategy won’t catch
criminals. Catching criminals isn’t even the point. Instead, she told MSNBC’s
“Morning Joe” that she deployed the military in the subways while police search
innocent commuters so that people “feel safe.” 

To hear her tell it, the subways are already safe, but people need to see the
military to feel safe. That’s why National Guard troops are deployed to the
highest-trafficked spots in town instead of areas where recent shootings have
occurred. 



This is nothing more than “security theater.” It looks like people are being
protected — but they’re not. Meanwhile, in just the few weeks since the
unconstitutional checkpoints were established, violent crimes have been caught
on video all over the city’s subways. 

Gov. Hochul is violating countless New Yorker’s constitutional rights every day,
all for the illusion of safety. 

The Fourth Amendment protects the fundamental right against unreasonable
searches of persons and their property. For this reason, all searches that take
place without a warrant are unconstitutional. For that reason alone, Hochul
starts behind the eight ball with her scheme. 



To be sure, the governor can try to justify the illegal checkpoints by relying
on 20-year-old case law decided in the wake of the 9/11 attacks that approved
police searches on the subway for terrorists and their bombs. But, as Hochul has
made clear, preventing terrorist attacks is not the point. It’s about
appearances. 

The courts have said, over and over, that the fact that criminals commit crimes
does not give the state authority to ignore the Constitution in trying to catch
them. Instead, warrantless and suspicionless searches for evidence of everyday
crime is unequivocally unconstitutional. If security doesn’t justify ignoring
the Fourth Amendment, then security theatre surely doesn’t. 

But if Gov. Hochul had her way, and safety alone were a sufficient basis for
allowing suspicionless checkpoints, there would be no constitutional constraint
on placing a military at the entrance to every city neighborhood in the name of
safety — or perhaps even only certain neighborhoods, those with residents who
don’t like the incumbent governor, police chief, or city council, for example.
This might fly in other parts of the world, but America is not a police state. 



Ben Franklin famously said “those who would give up essential Liberty, to
purchase a little temporary Safety, deserve neither Liberty nor Safety.” Here,
Hochul is willing to give away essential liberty not even for safety but rather
for the mere appearance of safety. That is a strange and unconstitutional
bargain to strike. 

Mayor Koch used to call himself “a liberal with sanity.” Gov. Hochul, with all
due respect, you’re no Ed Koch. If you want subway riders to feel safe, start by
protecting their constitutional rights and focus on catching actual criminals. 

Mark Miller and Daniel Woislaw are attorneys at Pacific Legal Foundation, a
public interest law firm that defends Americans’ liberty against government
overreach and abuse. 

Tags checkpoints Crime Ed Koch Fourth Amendment Kathy Hochul National Guard New
York City security theater Subway unconstitutional

--------------------------------------------------------------------------------

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be
published, broadcast, rewritten, or redistributed.

Facebook Share Post
 
... More
Share ✕
Twitter Twitter
Facebook Facebook
LinkedIn LinkedIn
Whatsapp Whatsapp
Email Email
SPONSORED CONTENT
Privacy PolicyPrivacy Policy
PC HelpSoft

Clean Your PC (And Keep it That Way)PC HelpSoft |
SponsoredSponsored
Try Now


Undo
Vibriance Mascara

How To Get Sexy Lashes At 60 (Use This Daily)Vibriance Mascara |
SponsoredSponsored


Undo

Martha Stewart & Marley Spoon

People in New York are Loving Martha Stewart's Meal KitMartha Stewart & Marley
Spoon |
SponsoredSponsored


Undo
Dexcom

The New Dexcom G7® Makes Managing Your Diabetes EasierDexcom|
SponsoredSponsored


Undo

PixiCam

Genius $39 Home Security Trick Replaces Doorbell Cameras In USPixiCam|
SponsoredSponsored
Learn More


Undo

Ryoku MusclePro

People With Puffy Achy Legs Need To Try ThisRyoku MusclePro|
SponsoredSponsored


Undo
Vitaletiks

Knees Grinding? Discover the 'Bionic' Sleeve That Turns Back Time on Your
JointsVitaletiks|
SponsoredSponsored
Learn More


Undo

Super C Serum

Target Shoppers Say This Wrinkle Cream Is Actually Worth ItSuper C Serum|
SponsoredSponsored


Undo
NOVOSLabs

51 Scientific Facts: Why a Carnivore Diet Accelerates AgingNOVOSLabs|
SponsoredSponsored
Learn More


Undo











MORE NATIONAL SECURITY NEWS


SEE ALL

National Security
Granting waivers on Iranian oil only emboldens the ayatollahs
by Dov S. Zakheim, opinion contributor
3 hours ago
National Security  /  3 hours ago
Opinion
This election season will have a destabilizing effect on US-China relations
by Allen Carlson, opinion contributor
23 hours ago
Opinion  /  23 hours ago
National Security
Mutual hatred for America will only bring China, Russia and Iran closer
by David Batashvili, opinion contributor
24 hours ago
National Security  /  24 hours ago
National Security
How the big business of lawsuits could be harming our national security 
by Michael Patrick Flanagan, opinion contributor
1 day ago
National Security  /  1 day ago
See All




VIDEO/HILL.TV


SEE ALL HILL.TV


SEE ALL VIDEO

Rising
Rising: April 25, 2024
by TheHill.com
04/25/24 2:35 PM ET
Rising  /  22 hours ago
Rising
Rising: April 24, 2024
by TheHill.com
1 day ago
Rising  /  2 days ago
Rising
Rising: April 23, 2024
by TheHill.com
2 days ago
Rising  /  3 days ago
See all Hill.TV See all Video




TOP STORIES


SEE ALL

Administration
Biden tells Howard Stern about feelings of suicide after first wife’s death
by Brett Samuels
2 hours ago
Administration  /  2 hours ago
See All


MOST POPULAR

 1.  DeSantis: Florida ‘will not comply’ with new Biden Title IX rules
 2.  Biden tells Howard Stern about feelings of suicide after first wife’s death
 3.  Alito reignites fetal rights debate in Idaho abortion case
 4.  Kristi Noem describes killing dog after bad hunting trip in new book
 5.  Trump hush money trial live updates: Defense finishes questioning David
     Pecker
 6.  Texas Gov. Abbott faces backlash after mass arrest at UT Austin
     pro-Palestine ...
 7.  McConnell argues against presidential immunity for criminal prosecution
 8.  Female Supreme Court justices push back most strongly on Idaho abortion ban
 9.  CNN anchor presses Trump lawyer on Kagan military coup questioning
 10. FTC votes to ban noncompete agreements
 11. Biden approval rating mired at historic low: Gallup
 12. Pro-Palestinian student protests highlight lessons learned from past ...
 13. Trump says courthouse being kept too cold ‘on purpose’ 
 14. GOP critics vow no more US aid for Ukraine
 15. Biden says he’s ‘happy’ to debate Trump
 16. Raskin: Supreme Court should be moved ‘over to the RNC headquarters’
 17. Fetterman, Warren lead Democrats in urging DEA to ‘swiftly’ take marijuana
     ...
 18. Justice Jackson suggests Trump claims risk turning Oval Office into ‘seat
     of ...

Load more



Sponsored Content
Sponsored Content


PFIZER SCIENTISTS WORK WITH THOSE AFFECTED BY LONG COVID TO HELP UNDERSTAND THE
DISEASE

By Pfizer




DON'T MISS A BRIEF. SIGN UP FOR OUR DAILY EMAIL.



NEWS

 * 2024 Elections
 * Senate
 * House
 * Campaign
 * Administration
 * Regulation
 * Media
 * Briefing Room
 * Latino
 * 12:30 Report
 * Coronavirus Report
 * Floor Action
 * In The Know
 * Sunday Talk Shows
 * More
 * more


POLICY

 * Defense
 * Energy & Environment
 * Health Care
 * Technology
 * International
 * Transportation
 * Cybersecurity
 * National Security
 * Sustainability
 * More


VIDEO

 * Latest
 * Defense
 * Energy & Environment
 * Healthcare
 * Technology
 * Transportation
 * International
 * Cybersecurity
 * National Security
 * Sunday Shows
 * Events
 * More


OPINION

 * Contributors to The Hill
 * Columnists
 * Congress Blog
 * More


RESOURCES

 * The Hill Apps
 * People
 * RSS


OTHER AREAS

 * Galleries
 * The Hill Jobs
 * National Jobs


CONTRIBUTORS

 * Submit Opinion Content

Follow Us On
Visit our Facebook page
Visit our X profile
Visit our LinkedIn profile
Visit our Haystack News
Get the App
Get the Android app from Google Play
Get the iOS app from App Store
 * SUBSCRIPTIONS
 * PRIVACY POLICY
 * TERMS & CONDITIONS
 * CONTACT
 * ADVERTISE

 * Get notified of breaking news
   
   Subscribe to push notifications
 * NewsNation
 * BestReviews
 * Nexstar Digital
 * Journalistic Integrity
 * Do Not Sell or Share My Personal Information

THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL |
202-628-8503 FAX

© 1998 - 2024 Nexstar Media Inc. | All Rights Reserved.

✕







DO NOT SELL OR SHARE MY PERSONAL INFORMATION



Your Opt Out Preference Signal is Honored


 * YOUR PRIVACY


 * SALE OR SHARE OF PERSONAL DATA

YOUR PRIVACY

When you visit our website, we store cookies on your browser to collect
information. The information collected might relate to you, your preferences or
your device, and is mostly used to make the site work as you expect it to and to
provide a more personalized web experience. However, you can choose not to allow
certain types of cookies, which may impact your experience of the site and the
services we are able to offer. Click on the different category headings to find
out more and change our default settings according to your preference. You
cannot opt-out of our First Party Strictly Necessary Cookies as they are
deployed in order to ensure the proper functioning of our website (such as
prompting the cookie banner and remembering your settings). Privacy laws in
certain states (e.g. California, Virginia and others) require companies to allow
residents of those states to submit a request for access to or deletion of their
personal information. If such privacy laws are applicable to you, you may submit
your request here

SALE OR SHARE OF PERSONAL DATA

Sale or Share of Personal Data


Under the California Consumer Privacy Act (CCPA) you have the right to opt-out
of the sale of your personal information and the sharing of your personal
information to third parties for cross-context behavioral advertsing. Other
state privacy laws similar to the CCPA allow individuals similar rights. These
cookies collect information for analytics and to personalize your experience
with targeted ads. You may exercise your right to opt out of the sale of
personal information by using this toggle switch. If you opt out we will not be
able to offer you personalised ads and will not hand over your personal
information to any third parties. If you have enabled privacy controls on your
browser (such as a plugin), we have to take that as a valid request to opt-out.
Therefore we would not be able to track your activity through the web. This may
affect our ability to personalize ads according to your preferences.

Back Button


COOKIE LIST

Filter Button
Consent Leg.Interest
checkbox label label
checkbox label label
checkbox label label

Clear
checkbox label label
Apply Cancel
Confirm My Choice