September 11, 2026
We look at how post-9/11 policies and the so-called war on terror reshaped the country and the world with two Columbia faculty members who convened a two-day symposium on “The Forever War and the First Amendment.” The symposium brought together journalists, scholars, lawyers and activists to explore the legacy of the “war on terror,” specifically focused on the impact on democratic rights, including the freedoms of speech and the press.
We look at how post-9/11 policies and the so-called war on terror reshaped the country and the world with two Columbia faculty members who convened a two-day symposium on “The Forever War and the First Amendment.” The symposium brought together journalists, scholars, lawyers and activists to explore the legacy of the “war on terror,” specifically focused on the impact on democratic rights, including the freedoms of speech and the press.
First Amendment freedoms “were
tested right away in the days and weeks after 9/11,” says Jameel Jaffer, legal
expert and director of the Knight First Amendment Institute at Columbia
University. “All of the surveillance authorities that were put in place after
9/11,” says Jaffer, “their use was initially justified by reference to foreign
threats. And now, increasingly, we’re seeing the Trump administration use these
things to suppress domestic dissent.”
“If you go back to that climate after 9/11 … newsrooms institute[d] shifts, so they started making beats for covering national security,” says Azmat Khan of the Columbia Journalism School, who won a Pulitzer Prize for exposing the massive civilian death toll from U.S.-led airstrikes in Iraq, Syria and Afghanistan. “Legacy news media in that time period was incredibly dependent on anonymous sources, sometimes unvetted intelligence, leaks to journalists that oftentimes came from an administration that was trying to lead the public to war.”
AMY GOODMAN: This is Democracy Now!,
democracynow.org. I’m Amy Goodman, with Juan González.
The legacy of September 11th
shaped so much of the last 25 years, from the thousands who were killed on that
day and the families who lost loved ones, to the first responders and
volunteers who rushed toward danger only to later fall ill from exposure to toxic
air, to the U.S. government’s response to 9/11, which reshaped our politics,
institutions and culture. The reverberations to 9/11 changed the world and
continue to impact people globally today.
Over the last several days, a symposium at Columbia University convened journalists, scholars, lawyers and activists to explore the legacies of the “war on terror,” specifically focused on the impact on democratic rights, including the freedoms of speech and the press. The symposium was hosted by the Knight First Amendment Institute at Columbia University and Columbia’s Simon and June Li Center for Global Journalism. This is a video produced for the event called “The Forever War and the First Amendment.”
“If you go back to that climate after 9/11 … newsrooms institute[d] shifts, so they started making beats for covering national security,” says Azmat Khan of the Columbia Journalism School, who won a Pulitzer Prize for exposing the massive civilian death toll from U.S.-led airstrikes in Iraq, Syria and Afghanistan. “Legacy news media in that time period was incredibly dependent on anonymous sources, sometimes unvetted intelligence, leaks to journalists that oftentimes came from an administration that was trying to lead the public to war.”
Over the last several days, a symposium at Columbia University convened journalists, scholars, lawyers and activists to explore the legacies of the “war on terror,” specifically focused on the impact on democratic rights, including the freedoms of speech and the press. The symposium was hosted by the Knight First Amendment Institute at Columbia University and Columbia’s Simon and June Li Center for Global Journalism. This is a video produced for the event called “The Forever War and the First Amendment.”
AZMAT KHAN: On September 20th, 2001, nine days after the deadliest attack in United States history, President George W. Bush stood before a joint session of Congress and said:Our war on terror begins with al-Qaeda, but it does not end there.AZMAT KHAN: It was the start of the forever war, a seemingly endless proliferation of open-ended conflicts waged against poorly defined enemies in North Africa, the Middle East, South and Central Asia, and even here inside the United States.TREVOR McDONALD: Good evening. American and British forces have begun attacking the Taliban in Afghanistan tonight.AZMAT KHAN: In October 2001, the U.S. went to war in Afghanistan. A year and a half later, the Bush administration led the country to war in Iraq on the basis of false claims about weapons of mass destruction.SECRETARY OF STATE COLIN POWELL: We must to disarm Iraq of its weapons of mass destruction.PRESIDENT GEORGE W. BUSH: Weapons of mass destruction.VICE PRESIDENT DICK CHENEY: There is no doubt that Saddam Hussein now has weapons of mass destruction.AZMAT KHAN: Vice President Cheney made clear the U.S. government was willing to disregard established legal rules in the prosecution of this new war.VICE PRESIDENT DICK CHENEY: We also have to work, though, sort of the — the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies.AZMAT KHAN: The CIA established black sites in Poland, Thailand and elsewhere, and subjected prisoners to interrogation methods the U.S. had previously prosecuted as war crimes. Prisoners were tortured in U.S. military facilities in Afghanistan, Iraq and at Guantánamo Bay, Cuba. Later, the CIA and military deployed armed drones to carry out hundreds of targeted killings, including in places far removed from actual battlefields. These policies all but abandoned the postwar human rights framework that the U.S. was largely responsible for building. The forever war reshaped American democracy and society, as well. Surveillance programs proliferated, from the NYPD’s targeting of New York’s Muslim communities to digital surveillance operations of unprecedented scope and reach.GWEN IFILL: Today, the president signed a big new anti-terrorism bill that would expand the government’s ability to track down terrorists, but at some cost.AZMAT KHAN: Anti-terrorism legislation criminalized forms of peaceful speech and association. National security was used as a justification for keeping the public in the dark about the most consequential questions. And secret evidence, secret hearings and even secret judicial opinions became normalized. The press struggled to fulfill its role, and when journalists did report on controversial and covert programs, they did so in the shadow of the Espionage Act, which the government deployed against journalists’ sources and threatened to deploy against journalists themselves.Repressive policies imposed in the name of national security did not go unchallenged. Victims and targets of the government’s policies filed hundreds of cases in court, often with the help of human rights and civil liberties organizations. Communities that had been targeted unfairly built new organizations to advocate for fairness and defend themselves against discrimination. And a new generation of journalists founded new media institutions to report what legacy newsrooms had missed and ask questions they had failed to.
Jameel, talk about this two-day, that the two of you put on, symposium, “The Forever War and the First Amendment,” as we move today after this 25th anniversary of the 9/11 attacks.
And so, the symposium is — or, has been a kind of look back on all of those tests of the First Amendment to kind of evaluate: Did the First Amendment play the role that we needed it to? And then, also we were looking at the ways in which the decisions that collectively we made in the months and years after 9/11, how those decisions relate to the world we find ourselves living in now, because there’s so many — so many policies that the Trump administration has now put in place that are built on the legal arguments and the policies put in place, you know, over the course of successive administrations after 9/11.
You know, all sorts of cases were brought against national policy — national security policies put in place after 9/11. Almost all of those cases brought by human rights victims or by human rights organizations were thrown out on grounds other than the merits. They were thrown out because the plaintiffs were found to lack standing. They were thrown out because the questions were found to be political questions that are, you know, relegated to the political branches to decide. Or they were thrown out on immunity grounds. They were thrown out on all sorts of — all sorts of bases, but not on the merits. The courts just, almost without exception, refused to address the merits. And it’s a remarkable and, I think, really dispiriting thing that 25 years after 9/11, we have almost no law, certainly from the Supreme Court, almost no law on the legality of these really controversial policies that, you know, in some cases, were introduced by the Bush administration, and others, you know, introduced by later administrations. It’s a real failure on the part of the courts.
So, the publication of that reporting, coupled with this broader investigation where I sued for the government’s records about what it claimed had happened, and went on the ground myself to go compare, by speaking to people on the ground, doing these things the military had not done in their investigations and assessments, it was very clear that there was systematic civilian loss, that this was routine, that there were recurring problems that were going — happening again and again and were going unaddressed. And I will say that, in that time period, that work landed in a way that led to, for example, Secretary Austin at the time overhauling civilian casualty policy, introducing a —
And what you wound up having is, you know, a broad understanding that legacy news media in that time period was incredibly dependent on anonymous sources, sometimes unvetted intelligence, leaks to journalists that oftentimes came from an administration that was trying to lead the public to war. And later on, you would see these sort of mea culpas in major news organizations about what they had gotten wrong and why. I think the most famous is the lead-up to the Iraq War. I think many people are familiar with the failures, the unvetted intelligence that made its way onto the very front pages of major newspapers.
But I think it was also something deeper. I think we saw a fundamental shift take place in the presumption of guilt or innocence. I think that the label of terrorism or the designation that an individual was associated with a group, just the mere allegation itself would be so damning. And so, we went from what would ordinarily be a presumption of innocence until somebody is proven guilty, to what I found in my reporting was often a presumption of guilt unless you can prove yourself innocent. And the bar for proving yourself innocent was so much higher than the bar for intelligence used to lethally target and kill someone in the first place, and that gap was enormous.
You know, you’ve had some of the guests from my own reporting on this show, a man named Basim Razzo, for example, whose homes were targeted in the middle of the night, of his and his brother. And Basim woke up one night to see the stars over Mosul, to find out that his wife, daughter, brother and nephew were killed. You know, the roof of his house was gone. He’s looking up. He learns his loved ones have been killed. He sets out on a quest for justice.
And he has one of the most rigorous cases I’ve ever seen. And he’s one of so many, like probably thousands at this point, civilians that I’ve spoken to and interviewed and whose stories that I’ve documented and told. But he had such a bulletproof case. And him proving his innocence to the U.S. government was so high and took so much labor. And yet, when I obtained the records about the intelligence used to target him, what I realized was that, you know, they provided lots of information about, “Well, this may have happened, that may have happened.” And a very — what they said in this document was that, “Actually, we may have confused his home for something else next door or nearby,” which, you know, I learned ISIS had previously occupied something down the street or down the block and had left weeks earlier. But when you looked at that intelligence, which was based on just a little bit of filming during the hottest hours of day and a lot of confirmation bias, what you saw was a real gap between what was used to lethally target somebody and then what it took to clear your name.
And that flipping — I just give this as an example — that flipping of a presumption of guilt versus innocence, that has taken place across the board. And I think media organizations have been very resistant to, you know, examining the complexity at times when somebody has been accused of some association. And I think it’s reflected more broadly in the public’s attention, too. Just that climate after 9/11 was very effective in rewiring our thinking about who is guilty, who’s innocent, and what presumptions there should be, and what the threshold of intelligence or assessment or what evidence we need to see should be.
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