The Volokh Conspiracy
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Reflections on 9/11
Links to writing about 9/11 and its aftermath.

Today is the anniversary of the 9/11 attack. I have written about my memories of and reflections on that event and its aftermath before. I will not recapitulate all of that in this post. But here is a link to my piece on that subject, written on the twentieth anniversary of the attack. A brief excerpt:
On the day of 9/11, I was clerking for a federal judge in Houston, Texas. I first heard about the attacks listening to the radio on my way to work that morning. The dial was tuned to a "top 40" station that almost never had any news. So when they interrupted the usual programming to say that a plane had crashed into the World Trade Center, I assumed it must be some sort of hoax. I had read about the 1938 "War of the Worlds" radio program scare (some listeners were convinced there was an actual alien invasion). I thought this might be the same sort of thing.
When I got to the office and turned on my computer, I could not load the CNN website; too many other people were trying to access it. That's when I knew the attack was real.
Business in our judge's chambers went on more or less normally for most of the day. But I did call some people I knew in the New York area to see about their safety. The longest of these conversations was with the brother of a Muslim friend who worked near the Twin Towers. By the time we spoke (it was late morning), we already knew the attack was likely the work of radical Islamist terrorists. We discussed the implications for US foreign policy, and also the possibility of an upsurge of anti-Muslim bigotry at home. We both thought there would be a strong military response, and also both were in favor of the idea; I still think it was necessary, though many in retrospect disagree.
With respect to the other issue, I said historical precedent…. suggested such a backlash could well happen. But I also thought there would be more resistance to it than in earlier eras….
To an extent, I turned out to be right; but only to an extent…..
We do have at least one piece of unfinished business left over from 9/11 and the resulting twenty-year war in Afghanistan: giving permanent refuge to the Afghans who fled here in the aftermath of the Taliban's return to power, including many who had previously assisted US forces or promoted human rights in their country.
I have written about this issue here and here:
In the aftermath of the fall, the US took in thousands of Afghans fleeing the brutal new government, including many who had fought on the side of the US or worked to promote human rights. Unfortunately, to this day, the US government still has not granted permanent residency to Afghans who entered the US based on executive "parole." As a result, most of the Afghans remain in legal limbo, making it difficult for them to fully integrate into American society. That's bad for both them and the US economy….
In an August 2021 post, I went over the many reasons why the US should grant refuge to Afghans fleeing the Taliban. They include general moral considerations against barring refugees fleeing violence and oppression, the unusually heinous nature of the oppression Afghans face under Taliban rule (worse than most "ordinary" dictatorships), national security interests, and the US government's significant share of responsibility for the Taliban's return to power (both the Trump and Biden administrations deserve hefty shares of blame).
I won't go over these points again here. I will merely note that all of them justify granting permanent, not just temporary refuge. The oppression the parolees face if forced to return is just as bad now as two years ago. And granting permanent refuge will serve US national security and foreign policy interests better than a mere temporary reprieve. People who aid US forces in war and help promote human rights in alliance with us should know that we will give them permanent refuge, if needed, not just a brief stay of execution.
On this anniversary, we should remember those lost on 9/11. And we should also do right by the Afghan victims of the Taliban and our failures in the war against it.
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As a lawyer you ought to know this: The response to the 1938 broadcast was a FCC requirement for periodic station identification and rules against hoaxes.
https://en.wikipedia.org/wiki/Great_Blue_Hill_eruption_prank
As to a violent backlash against Muslims, that’s what OBL intended, as did Charles Manson in his intent to spark a race war. American’s aren’t as racist as either man thought….
Periodic station identification would only make hoaxes more credible, if it had any effect at all. Of course, Dr. Ed 2's civil wars are all better planned than the wars of Bin Laden or Manson.
Because saying "This is WBZ in Boston, we now return you to tonight's feature, Orson Well's 'War of the Worlds'" wouldn't be enough for the average person to think that it might be a radio show?
Of course, on 9-11, I *did* switch from my top-40 rock station to NPR and realized that they were reporting the same thing, albeit in the saccharine-sweet NPR style, so this was either real life or a LOT of people wanted to lose their FCC licenses, and the latter wasn't likely.
Of course, people don't think critically. HAD Boston's Blue Hill (a long extinct volcano) actually erupted, it would have led all three newscasts, not been on the tail end of one. Yet there was the woman (in then-rural Dedham) who let all her horses out to escape the fire and they were out on a major highway (Route 128) during rush hour and things went downhill from there...
So you may be right...
I’m going to go further — true story.
A boy scout camp (back when there *were* boy scout camps) in NH got hit by lightning. Bleep happens....
WBZ-TV runs text across the bottom of the screen: “Boy Scout Camp north of Manchester hit by lightning. Over 20 scouts injured. Film at 11…”
All factually true — and irresponsible as hell. We were over 60 miles away and averaged 2.5 calls per camper, and that was only because the private local phone company choked and couldn’t accept more calls from what was then Ma Bell. Here's the UPI story on what happened lest the loyal following accuse me of lying: https://www.upi.com/Archives/1981/07/14/Lightning-struck-a-Boy-Scout-cabin-blowing-the-pants/8838363931200/
I’m a free speech absolutist with one exception: There is no right to terrify people. Every parent is going to assume the worst, which is why you DON"T do stuff like this...
That's not (just) station identification.
Loki13 quietly crumbles up a piece of paper in cold panic and ponders the cost/benefit analysis of if and how he's going to defend Ilya for cynically seguing his personal recollections into using 9/11 to shill his pet politics after raking Blackman over the coals for simply doing the first part.
That sentence sure was a long and wandering path.
How about just offering them our thoughts and prayers?
I will never forget that day or those who died. It was a terrible day. I was in mid-town walking up 43rd when the first plane went in. The sound was incredibly loud. I watched the smoke all morning from my office window. Got home the next day and hugged my family.
We lost more then 3000 lives that day. America lost some of it's soul and spirit that day. That is the other loss we don't talk about; the loss to our national spirit, our ethos.
Wow! Somin just made 9/11 about how we should let more Muslim immigrants in the country.
what did you expect Somin to do?
source: https://www.johnderbyshire.com/Opinions/RadioDerb/2015-05-16.html#06
There's a reason Derbyshire got fired from National Review.
How could 9/11 — perpetrated not by Muslim immigrants, but by Muslim visitors — make the point that Muslim immigration is bad?