Showing posts with label free speech. Show all posts
Showing posts with label free speech. Show all posts

Monday, September 1, 2014

Review: Freedom From Speech

by Andrew Evans

August 31, 2014

Two and a half millennia ago, Aristotle made one of the most fundamental statements ever about human society: “Man is by nature a political animal.”
Aristotle meant more than that people group together for their survival and reproduction. People actually group together to strive for higher goods beyond mere preservation. This is politics—a community’s pursuit of a good life together.

And it is our speech that makes us political, Aristotle teaches. Through speech we communicate our needs, but we also argue about the deeper things—what is right and wrong, “the just and the unjust,” as Aristotle puts it. Politics is about governing society justly, and it is our speech, our rational discourse, that makes politics possible.

A brief new book by Greg Lukianoff, Freedom from Speech, sheds valuable light on what Aristotle sees as the foundation of our political nature. Lukianoff examines the state of free speech in our culture. He examines not the First Amendment, although as the head of the free-speech organization Foundation for Individual Rights in Education, or FIRE, he is certainly qualified to do so. Rather, Lukianoff examines “Free speech as a cultural value.”

And free speech is in decline. Freedom from Speech concisely lays out the ways that speech is being limited in America. Lukianoff begins by listing a number of high profile cases where figures had their reputations tarnished and even their livelihoods threatened because of things they said, sometimes in private. He then goes on to discuss a couple of noteworthy trends in academia where speech is being curtailed.

His book focuses on academia because universities are one of the most obvious places where speech is being limited. Both “trigger warnings” and commencement-speaker “dis-invitations” have made headlines in recent months. Lukianoff excoriates both of these trends with precision. They are attempts to limit what students hear, and thus what people say. By discussing the academy at some length, Lukianoff builds on his previous book from 2012, Unlearning Liberty, which examined the decline of free speech in universities.

But Lukianoff also notes that the university cannot be the sole source of curbs on free speech. “I continue to believe that the increased national focus on punishing offensive speech stems, in large part, from the ‘bleeding out’ of the bad intellectual habits of American higher education,” Lukianoff writes. “However, I do not think—nor have I ever thought—that blame for the erosion of support for the cultural value of freedom of speech can be laid entirely on the ivory tower.” The erosion of free speech in other Western countries, such as Britain, or countries with democratic values, such as India, demonstrates that the problem is deeper and more pervasive than the silly movements in universities.

Lukianoff sees a deeper and more disturbing problem in Western society. The modern age has led to the creation of tremendous wealth, and with it, tremendous comfort. But such comfort gives rise to complacency:

“A society in which people can avoid physical pain comparatively easily will produce people who are less prepared to deal with it.”

The same principle applies to mental comfort. “The same instinct is driving our rising desire for intellectual comfort, by which I mean a yearning to live in a relatively harmonious environment that does not present thorny intellectual challenges, and in which disagreement is downplayed or avoided altogether,” Lukianoff says.

And the result of this overwhelming drive for comfort is devastating for speech: “Eventually, they stop demanding freedom of speech and start demanding freedom from speech.”

Through much of his book, Lukianoff strives not to blame either the right or the left in contemporary politics for the decline in free speech. Freedom of speech is a deep issue that goes beyond any one party in a society like ours founded on the primacy of liberty. But he notes that the political left does have a basic tendency to assault speech.

Liberals, in general, are motivated fundamentally by empathy. While conservatives take their moral norms from a variety of places, such as traditional values and religion, “progressive morality is largely one-dimensional, driven primarily by the care ethic,” Lukianoff says. And because liberals just want people be happy and comfortable, he argues, they attack speech they deem offensive or threatening to others.

Lukianoff’s description of liberal morality provides a useful paradigm for understanding assaults on freedom of speech, especially in liberal epicenters like most universities. It does not always hold up—progressives champion graphic and explicit art, for example, that make people uncomfortable—but the morality of empathy helps explain a lot.

But this explanation, while sympathetic and surely often correct, misses a much darker aspect of the left’s social agenda.

The left feels empathy for people, but that empathy is not guided by any sense of what is right and good for people. Like Bill Clinton, the empathic left merely “feels their pain” and wants to end it. But this myopic focus on perceived harm validates all harm, labeling harms as threats to individual lives. Every pain inhibits an individual from living the life he wants to live, and so the left’s efforts to stop all pain ultimately means that it ends up supporting all choices, regardless of whether a choice is right or good for the individual or society at large. This “ethic of validation,” which often looks like the ethic of care, is the progressive vision for society.

Welfare work requirements are a good example of this ethic of validation. Before 1996, welfare recipients had to meet few, if any, requirements in order to receive aid from the government. Welfare simply alleviated physical suffering without regard to the actions the individual was taking—such as whether the individual was working. This approach to welfare is unmoored empathy at work in social policy.

Conservatives argued that work was fundamentally good for people, and as a result in 1996 the Republican Congress pushed through work requirements for welfare, tying government aid to either work or the pursuit of work. If able-bodied individuals did not pursue work, they did not receive help—even if they were suffering. The government still provided help, but the help did not simply support individuals’ choices of how they would live their lives. Welfare work requirements are shaped by a broader vision of what is fundamentally good for human life.

The progressive attempt to validate all lifestyle choices belies at best agnosticism, and at worst nihilism, toward the existence of an essential good for human life. In more Aristotelian terms, progressives deny that there is any end to human life—a goal or reason for living that should guide choices that individuals make.

Limits on speech result from this agnosticism, because speech can be very painful when it contradicts choices and exposes their insufficiency. But limiting speech makes politics much more difficult, if not impossible. 

If we cannot speak to each other about what is most important in life for fear of offending others and failing to validate their choices, we lose the ability to be political. We become detached individuals rather than a political community.

Freedom from Speech shows how speech is being curtailed and hollowed out in our society. By losing the freedom to reason with each other over difficult issues, we are becoming, in fact, less than human.

Friday, August 17, 2012

Corporations Can't Pledge Allegiance


by Frances Moore Lappé
 
Outcries against the Supreme Court's Citizens United decision, extending corporations' 1st Amendment rights, point to many advantages giving corporations the edge over natural persons: "Limited liability" protects company owners from personal responsibility for business debts; and corporations are virtually immortal -- a big advantage. Mostly, though, critics point out the obvious: that a corporation's resources -- Exxon Mobil earns $1,300 per second -- typically dwarf those of ordinary mortals.

But whatever one's stand on "free speech rights" for corporations, what seems inarguable is that once the Court -- notably in its 1976 Buckley v. Valeo decision -- began conflating spending and speech corporations and the wealthiest among us have been the big winners. Their vast resources enable them to morph into ear-shattering bullhorns drowning out regular citizens.

And, from this thought, I'm compelled to ask the "tree falling in the forest" question: Do I still have free speech if no one even knows I'm speaking because a tiny minority of "corporate voices" can produce a cacophony so loud that it cancels out the sound of mine?

Put another way, without any recognition of a right to be heard, does our 1st Amendment lose its power to protect the interchange of ideas -- foundational to democracy -- and permit instead the transformation of public discourse into a one-way gusher from the most powerful?

Earlier Courts took this danger seriously. In 1969, for example, in a decision written by moderate justice Byron White, the Supreme Court noted in Red Lion Broadcasting Co. v. FCC that: "It is the purpose of the 1st Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market..."

To me -- and, I believe, our Founders -- democracy depends, moreover, on citizens' right not just to be heard but a corollary, a right to hear diverse points of view necessary to make informed choices. In 1787 Thomas Jefferson wrote that "[T]he basis of our governments...[is] the opinion of the people..." and stressed therefore that we must "give them full information of their affairs thro' the channel of the public papers, & to contrive those papers should penetrate the whole mass of the people..."

Jefferson believed so strongly in the importance of a citizenry informed by diverse views that he continued: "[I]f it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers & be capable of reading them."

Today, remaining true to Jefferson's insight, many Americans appropriately assail China and other totalitarian regimes for denying precisely such freedom of access to information.
If, in our Founders' vision, a Republic depended on the capacity of educated citizens for reasoned consideration over public matters, then surely "spending as speech" is a body blow to our Republic.

And there's more to weigh here, for just as corporations are not natural persons, neither are they, nor can they be, citizens.

By their legal structure, corporations have no loyalty to our country. Between 2009 and 2011, for example, thirty-five big U.S.-based multinational companies, including Wal-Mart Stores, International Paper Co., and Honeywell International Inc., added jobs much faster than others. But nearly three-fourths were overseas, noted the Wall Street Journal last spring. Additionally, "at least 60 percent" of U.S. corporate cash stockpiles are now held abroad.

Corporations' loyalty is not to the American worker or to the broader community but to shareholders, wherever they be.

So of course corporations cannot pledge allegiance to the United States of America. With the exception of the several hundred firms now incorporated as "Benefit Corporations," legally obligated to serve the community's wellbeing, corporations' charters commit them to the opposite: to narrow self-seeking.

Thus, while most Americans recoil at the idea of "corporate personhood" because of the obvious power corporations enjoy compared to living-breathing mortals, just as important may be their differing responsibilities. And, I don't mean only the obvious, that citizens but not corporations are obliged to vote and required to serve on a jury and respond to a military draft. I mean something broader: Our Founders envisioned a Republic of citizens committed to, and capable, of participating in self-government.

They emphasized that such self-government could only work as we humans, flawed as we are, cultivate certain Republican "virtues" -- especially the capacity to consider not merely one's own personal gain but to protect democracy itself.

They grasped that self-government could only survive as long as we citizens --in step with the Founders' wisdom in creating a federal structure of countervailing powers -- work to keep concentrated power in check. Jefferson put the danger colorfully: "If once they [citizens] become inattentive to the public affairs, you and I, and Congress, and Assemblies, judges and governors shall all become wolves."

Thus, what the Supreme Court betrays in its 2010 Citizens United's decision, and previous rulings affording corporations personhood rights, is our Founders' concept of citizenship, and thus democratic self-government itself.

Surely, given today's crises from poverty to climate chaos, we can't wait for a constitutional amendment to put corporations in their place. We must build toward that goal, I agree, but we must work for change we can effect now.

As citizens We have power to begin to check the political power of corporations -- holding elected officials accountable for requiring transparency regarding a corporation's political spending by passing the DISCLOSE Act and the Shareholder Protection Act. We can vote for those committed to creating a system of citizen and/or public-funded elections so that candidates can win public office without depending on corporate coffers.

For our rights as citizens to hear diverse views, we can also call for a reinstatement of the Fairness Doctrine, in place from 1949 to 1987, that obliged those holding licenses to public airwaves to "operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views of issues of public importance."

In so doing, we will be reviving the very best in the never-finished journey of our Republic. Claiming our first responsibility as citizens seeking the common good, we can refuse to allow our voices to be drowned out by private entities seeking only the corporate good.

Friday, March 23, 2012

California Moves Towards Overturning Citizens United

Friday, March 23, 2012 by Common Dreams
Move "helps re-establish the principle that democracy means ruled by the people, not giant corporations.”

The California state Assembly endorsed yesterday a constitutional amendment to repeal Citizens United. 

The amendment, which passed by a 48-22 vote, calls on Congress to pass a Constitutional amendment to overturn the 2010 Supreme Court Citizens United v. Federal Election Commission decision that allows unlimited corporate political spending.

“This is a major victory,” said Bob Edgar, president and CEO of Common Cause. “Californians are saying that corporations aren’t people and they shouldn’t be permitted to use their tremendous economic power to take charge of our elections. Congress should listen – and act on – the message.”

Public Citizen president Robert Weissman said, “Thank you, California, for helping lead the charge to re-establish the principle that democracy means ruled by the people, not giant corporations.”

* * *
San Francisco Chronicle: State lawmakers want repeal of ruling boosting corporate spending
As big money pours into the November election campaign, the California Assembly voted Thursday to ask Congress to amend the Constitution to overturn the Supreme Court ruling that opened the door to unlimited corporate political spending.
By a 48-22 vote along party lines, the Assembly endorsed a constitutional amendment to repeal Citizens United, the 5-4 ruling in January 2010 that declared corporations and labor unions had a First Amendment right to give money to independent committees supporting political candidates.
The Constitution, the resolution declared, “was designed to protect the free-speech rights of people, not corporations.” The floor sponsors of AJR22 were Democrats Bob Wieckowski of Fremont and Michael Allen of Santa Rosa.
* * *
Common Cause: California State Assembly endorses amendment to overturn Citizens United
Golden State jumps into national drive to reform campaign finance
Sacramento, CA – The California State Assembly jumped into the national campaign finance debate today, overwhelmingly approving a resolution that calls on Congress to pass a Constitutional amendment permitting limits on corporate political spending.
The 48-22 vote in favor of Assembly Joint Resolution 22, sponsored by Assembly Members Bob Wieckowski and Michael Allen, puts the Golden State at the forefront of a national effort to undo the damage done by the U.S. Supreme Court’s Citizens United decision in 2010. A vote in the state Senate is expected within a few weeks.
Common Cause has launched a national campaign, Amend 2012, to secure the passage of similar resolutions across the country and to help voters voice their sentiments on an amendment through ballot initiatives and referenda.
“This is a major victory,” said Bob Edgar, president and CEO of Common Cause. “Californians are saying that corporations aren’t people and they shouldn’t be permitted to use their tremendous economic power to take charge of our elections. Congress should listen – and act on – the message.”
The Citizens United decision has fed the growth of “super PACs,” fundraising operations that are collecting millions of dollars – mostly from wealthy corporations and individuals – to finance advertising campaigns promoting or opposing various candidates. The groups are required by law to operate independent of political parties and candidates, but several are run by veteran Republican and Democratic operatives and appear to be closely tied to partisan leaders. This new and unregulated flow of campaign funds has led to one of the most negative campaign seasons in modern history.
* * *
Public Citizen: Way to Go, California! Assembly Passes Resolution Calling for Constitutional Amendment to Overturn Citizens United
California is well in stride to be the third state to call for a constitutional amendment to overturn the U.S. Supreme Court’s Citizens United v. Federal Election Commission decision, which allows corporations to spend unlimited amounts of money in an attempt to influence elections. The California Assembly passed a resolution today – by a 48-22 vote – calling for an amendment, sending the measure to the California Senate.
Introduced Jan. 5 by Assemblymembers Bob Wieckowski and Michael Allen, the resolution calls for an amendment that would prevent corporations from being granted the same rights as individuals and would create fair elections, in which Congress could regulate all forms of campaign spending.
“The Citizens United decision tilts the scales of campaign funding toward those who support wealthy special interests rather than working Americans,” Wieckowski said. “This resolution is designed to send a grassroots message to Washington about the urgent need to overturn the Supreme Court’s ruling and restore fair elections to the people.”
Added Jonah Minkoff-Zern, senior organizer with Public Citizen’s Democracy Is For People campaign, “California is poised to take this momentous step in calling for a constitutional amendment to overturn Citizens United and return fair elections and constitutional rights to the people. It is because of the work of dedicated activists throughout the state that California’s elected officials are joining them in taking a stand to say that democracy is for people, not for corporations.”
California’s in good company. Hawaii led the charge in calling for a constitutional amendment, followed by New Mexico on Feb. 11. And while Maryland does not consider such resolutions, a majority of the Maryland Senate and House of Delegates have signed onto a letter calling for an amendment.
Public Citizen has helped lead the introduction of similar resolutions in Massachusetts, Vermont and Maryland, and has supported the efforts of local activists and lawmakers who have introduced similar resolutions in Alaska, Iowa, Kansas and New York. In total, resolutions have been introduced or passed in 16 states. Public Citizen is leading a coordinated effort to pass hundreds of similar resolutions at the local level the week of June 11.  More information about this effort – and a map of resolutions introduced and passed – can be found at www.resolutionsweek.org.
“Every day brings more evidence of how Citizens United is making a mockery of our democracy,” said Robert Weissman, president of Public Citizen. “Thank you, California, for helping lead the charge to re-establish the principle that democracy means ruled by the people, not giant corporations.”

Friday, January 13, 2012

Break In Case Of Censorship




As I’m writing this, Congress is getting ready to vote on the single most destructive piece of legislation that the internet has ever faced. SOPA, penned by a team of corporate shills who now have swell lobbyist jobs to show for it, is a bill aimed at combating online piracy in the worst conceivable way possible: By giving copyright holders and the government overreaching, due process-circumventing powers to shut down entire websites based on the mere suspicion that they might contain infringing material.

Worst of all, it’s already happening. Even before the bill has come to vote, censorship shenanigans have already been demonstrated by Universal, who fraudulently removed a music video by Will.i.am that voiced opposition to SOPA. Now, imagine what will happen when SOPA is in full-swing and all of YouTube is held liable for bogus copyright claims … or Etsy, or Flickr.

Of course that says nothing of the countless technologists who have warned SOPA’s China-style DNS blocking will seriously fuck up the internet in general, so it’s really not hyperbolic to say that this is the worst nightmare of a democratic and stable internet.

So the question on everyone’s mind right now is what kind of free speech fail-safes exist if and when SOPA (and its twin in the Senate, PROTECT-IP) passes? Although we can’t guarantee that they will be 100 percent legal, here are a couple of them:


THE IP ADDRESS TRICK (THE DIRTY WAY)


The first is an extremely simple and dirty hack: Because SOPA’s provisions call for the re-routing of DNS (the web’s addressing system that links browsers with the computer hosting a site), the websites will still be there — you just won’t be able to get to them via the usual “www dot com” method. If a site gets blocked, typing the IP address of the host directly (eg: 192.168.1.1) would connect you to that site. The downside: This creates a lot of security risks for the site in question. The fact that DNS exists in part to mask these addresses from the average user should tell you something.

THE WORLD TOR



Tor is what some would call a “darknet,” a network that runs under the radar of the normal internet and can only be accessed using special client software. By connecting to the Tor network, you are anonymizing and encrypting your browsing activity by making your IP address appear as that of a random node somewhere else on the network. And since that random node will typically be outside of the United States, you won’t be getting routed away from sites the copyright elite have deemed “infringing.”

It’s scary to think that Tor might become an option for some Americans, seeing as how it’s been previously used to subvert censorship in places like China and Syria. But even with web traffic fully anonymized and virtually untraceable, it’s not merely a “censorship off” button and there are risks involved if you don’t know what you’re doing. Additionally, securing the means of connecting to (and obtaining information about) the Tor network could become a lot more difficult for newcomers if Tor’s website gets blocked. And moreover, doing so would likely be illegal under SOPA on grounds that it is exists to subvert the filtering system being put in place.

The Bitcoin “Dimnet”


Dot.Bit is another hidden network similar to Tor but operating off a system of encrypted “tokens,” acquired in a way very much like Bitcoins, the decentralized digital currency system . Potentially a boon for sites that want to run outside the reach of the censor, Dot.Bit allows these tokens to be used in order to anonymously register domains under its network, which are accessed under the Top-level Domain (TLD) .bit

This seems like a great idea, but even .bit domains run the risk of being targeted under SOPA. If the law requires ISPs to block access, it would be a simple matter of cutting off the ports that those domains run on. And if those domains are involved in shady black market dealings like the rest of the Bitcoin network, they’ll have ample reason to do so.

All in all, the options are either incredibly obtuse, risky or likely to become illegal anyway. But one thing is for certain: SOPA and PROTECT-IP’s ‘killing spiders with a sledgehammer’ strategy isn’t going to smash piracy — it’s just going to make the internet a lot messier.

Thursday, January 5, 2012

New York City calls on Congress to overturn Citizens United ruling

(Montana, now NYC calling on Citizens United to be overturned. This rocks!--jef)

By Eric W. Dolan - RAW Story
Wednesday, January 4, 2012

John Bonifaz, the co-founder and director of Free Speech For People, said a New York City Council resolution calling for legislation to overturn the U.S. Supreme Court’s Citizens United ruling was a “great victory for democracy.”

New York City Council voted Wednesday to call on Congress to pass a constitutional amendment overturning the ruling, which held that corporations had the same First Amendment rights as U.S. citizens and that political spending was free speech. Los Angeles and other cities have passed similar resolutions.

“It shows that this movement is only going to continue to build as people across the nation stand up to protect our republic and our constitution,” Bonifaz said on MSBNC.

“We are already seeing traction from people across the political spectrum who want to stand up to and say it is time to get money out of politics, it is time to make clear that corporations are not people with constitutional rights.”

Bonifaz said the “biggest new development” was a recent Montana Supreme Court ruling, which upheld a ban on corporate political expenditures in state elections.

“Here you have out of a red state a five justice majority making there that they are not going to let their century old ban on corporate money be overturned.”

Saturday, April 30, 2011

Let’s Admit the Truth About American Royals


 
According to polls, only about 6 percent of Americans are following with any close attention the royal wedding of Prince William and Kate Middleton.  But that's not stopping the media fascination on both sides of the Atlantic with American's supposed fascination with Britain's royals.

“Royal wedding reminds us why we tossed Brits,” ran one letter to a local paper recently. That exorbitant $80 million spent on a medieval style ritual in time of 21st century austerity. It's shameful. It's old world. It's just what Americans fought a revolutionary war to throw off.

And then there are the folks like Rupert Cornwall at the UK Independent who argue hat people in the US love British royals precisely because they don't have their own real thing.  Gary Younge at the Nation noted that even his liberal friends wanted to know what he, a British citizen, thought of the prince marrying a "commoner." Oh please.

The only serious and in fact actually quite insidious part about this is that it re-inscribes the notion that the US has no  class.

Really? When the top one percent of wealthiest Americans own 34 percent of the country's wealth and enjoyed 80 percent of the total increase in wealth here between 1980 and 2005? No class?

As for ruling class? In the UK the commoners keep their royals on welfare. Here we do the same with our corporations. Billions in tax dollars keep them afloat and keep CEOs in mansions. Why not just give them palaces? At least we could keep them open for tours.
Since the Supreme Court has given corporations free speech rights and personhood -- how about marriage equality next?

Then, we could string up Bunting flags for the next monopolistic coupling... At the Comcast and NBC nuptials we'd all throw money while they stroll down the aisle. And -- with a nod to Jim Hightower -- instead of aristocrats with coats of arms, the paid off politicians would express their heritage -- in corporate logos on their lapels. At least then we'd know who owns whom.

The trinkets from a corporate marriage might be dreary. And the offspring, who can say? But at least we'd get a day off and one hell of a party. Plus we'd move out of denial.  The more I think about it the more I like it. Monarchies or Megacorps? Why not declare them royal?

Thursday, March 31, 2011

Censorship: Made in the USA


by Tim Karr

 
March has been a stormy month across the Arab world as the hope for new democracy faces the harsh reality of despots armed with guns, tanks and the tools of censorship.

In Libya, the Gaddafi regime plunged the nation into digital darkness during the first week of March, turning off Internet access to keep Libyans from organizing one another and documenting Gaddafi's crimes for the world to see.

In Bahrain, the kingdom reacted to democracy demonstrators by blacking out websites where locals shared cell phone videos, blocking YouTube pages containing videos of street protests, and taking down a large Facebook group that called for more demonstrations.

It doesn't end there.

According to a new report by the not-for-profit OpenNet Initiative (ONI), Qatar, Oman, Saudi Arabia, Kuwait, Yemen, UAE and Sudan have joined the ranks of censors, using software to block access to homegrown protest sites.

This crackdown is having a ripple effect across the United States, in ways many might not expect. Much of the censorship technology in use in the Arab world was made by American companies willing to look the other way as regimes use it to smother opposition.

The ONI report fingers several American companies, including Intel-owned McAfee, Inc., San Diego-based Websensce, Inc., and Palo Alto Networks, for selling software that red lists websites and blocks all access.

Last month, I reported on another U.S. company, Narus of Sunnyvale, California, which sold to Egypt and Libya an Internet spying technology that lets state security forces track online and cellphone communications and even target the speaker's whereabouts for arrest.

The Narus report prompted Republican and Democratic members of the House Foreign Relations Committee to demand a State Department investigation, the results of which are pending.

In the Senate, Dick Durbin of Illinois slammed the U.S. tech industry for not owning up to the abusive application of their products. He wrote, "If U.S. companies are unwilling to take reasonable steps to protect human rights, Congress must step in."

It's encouraging to hear members of Congress speak out. But curtailing the sale of this technology won't happen until they match words with action.

Rep. Bill Keating of Massachusetts is the only voice on the Hill to pledge to take that next step, proposing legislation that would prevent U.S. trafficking in censorship technology.

"People are losing their lives based on this technology," he said during a House Foreign Relations Committee hearing. In a later statement he said he would introduce legislation "that would provide a national strategy to prevent the use of American technology from being used by human rights abusers."

I'm hopeful we'll see this legislation soon. (You can contact both congressmen Keating and Durbin to encourage them to act, too.)

Freedom of speech and assembly shouldn't end at America's border, or whenever we log on to the Internet. It's time Washington took action against U.S. technology companies that are helping despots silence their people.

Friday, December 24, 2010

Texas cheerleader who refused to cheer for her alleged rapist taking case to Supreme Court

BY Nina Mandell - NY DAILY NEWS STAFF WRITER
Thursday, December 23rd 2010

A former high school cheerleader who claims she was kicked off the team when she refused to chant the name of her alleged rapist is taking her case to the Supreme Court.

The cheerleader is asking for the country's highest court to reverse an appeals court ruling dismissing the suit and ordering her (and her parents) to reimburse tens of thousands of dollars in legal costs, the San Francisco Chronicle reported.

The Texas girl, who is only identified as "H.S.," claims that the school district violated her right to free speech when she refused to cheer for Rakheem Bolton, a star athlete at Silsbee High School. Bolton, along with his friend, she alleged, sexually assaulted her at a party in 2008.

But the school district didn't agree with her behavior, and gave her the option of cheering for Bolton when he was on the free throw line at a basketball game or leaving the team, her lawyers allege.

Her lawyers argued that no terms in the cheer squad contract required her to cheer each time the squad began a chant and doing so violated her first amendment rights.

"She cheered the entire game except for a two brief times when the accused rapist went to the free-throw line," her lawyers said in a court briefing.

H.S.'s case made national attention when she lost her case against the school and officials, including numerous appeals – in the Fifth District Appeals Court in New Orleans. The court said that as a representative of the school, not herself, she didn't have the right to refuse to do a cheer. In the ruling, the justices argued that H.S.'s refusal to cheer "Constituted substantial interference with the work of the school," the Chronicle reported.

That was based on the 1969 ruling, when the Supreme Court ruled school officials could restrict student's right to free speech if it disrupted the educational process.

"It frustrates me," H.S. told ABC in September after she lost her appeal. "All I've wanted out of this all along is for somebody to say they've done wrong."

Lawyers for the school district deny any wrongdoing and said that Bolton had not been charged at the time – and had in fact been cleared by two grand juries. When he was finally indicted by a third one, he was expelled, according to ABC.

He eventually was indicted on felony sexual assault of a minor and pleaded guilty to misdemeanor assault, receiving a one-year suspended sentence, two years probation, community service and a $2500 fine, KDHM reported in September.

"I feel relieved," he told the news station after the ruling. "I'm glad we came to an agreement and I'm just ready to move on with my life."

As for the former cheerleader, she told ABC she just wants to protect future rape victims from meeting the same kind of treatment she alleged school officials gave her.

"If everything works out the way we're hoping … then it makes a point that it's not all right," she told ABC. "And if we keep fighting for that, then maybe other people will too."

Saturday, September 18, 2010

The Future of the Internet

Net Neutrality, Free Speech and the Net
By MARK WEISBROT

The mass media remains, in the 21st century, one of the most powerful forces blocking social and economic progress. It is because of the mass media that tens of millions of Americans are convinced that budget deficits are more important than the lives ruined by unemployment, or that Social Security won’t be there for them when they retire. Or that their government’s occupation of Afghanistan, and its hundreds of military bases around the world, are protecting the “national security” of U.S. citizens.

All of these destructive myths – and many more – could be dispelled within a relatively short time if there were a free marketplace of ideas, instead of the “free press for those who own it” model currently in place. Of course, other falsehoods would persist for much longer; ideas, once widely accepted, can have great inertia. But during the last two decades the Internet has introduced a degree of competition in the world of mass communications, which although still quantitatively small, is nonetheless unprecedented. An interactive process has been set in motion, whereby the Internet and the blogosphere act as a check on the mass media, sometimes breaking important news that would otherwise go unnoticed or unreported (in systems with direct censorship such as China and also in limited democracies like the United States); and sometimes influencing the journalists who produce the mass media. This process has the potential to accelerate with the development and spread of Internet technology, for example with Internet television; and of course with advances in literacy and education.

This is rare in the history of technology, and especially in the technology of communications. Almost all prior innovations -- radio, television and motion pictures – have mostly made it easier for the few to control the many – like pilotless drone military planes.

This progressive contribution of the Internet is reliant on the principle of “net neutrality”: that Internet service providers treat all packets of data the same. An individual blogger’s challenge to the Washington Post can be downloaded by anyone at the same speed as the content of the multi-billion dollar corporate newspaper itself. Intelligent readers can decide for themselves who is correct.

The Federal Communications Commission has been considering what its role and rules should be for enforcing net neutrality, and in early August Google and Verizon put forth their own proposal on these issues. These two big corporations, along with others, are likely to have a considerable influence on the FCC and Congress, and their proposal has elicited a torrent of criticism. It exempts wireless and other “online services” from net neutrality, and has other big loopholes.

There is now a clear and present danger that the road will be paved to a fragmented Internet where service providers can determine what people will see on the Web, and carve out a “non-neutral” sector. As Senator Al Franken from Minnesota has noted, defending net neutrality is “the First Amendment issue of our time.”

America’s great concentrations of wealth – more concentrated than at any time since the 1920s – already dominate the Internet. But not nearly as much as they dominate the vast majority of information that Americans receive from more monopolized info-tainment/ news outlets such as TV, radio and what remains of the newspaper industry.

A coalition of organizations including MoveOn.org, Color of Change, Free Press and Credo Action is calling on Americans to lend a hand and preserve this one remaining mass medium of free speech and equal rights, before it is remade in accordance with corporate needs. We the people need the Internet as we know it in the battle of ideas; we had better fight for it.

Monday, August 9, 2010

Hush Money Generation

Back to Woodstock
By JAMES ROTHENBERG

I went to a good concert recently. Essentially two headline acts, with Steve Winwood opening for Carlos Santana. Of equal interest was the venue, Bethel Woods, in Sullivan County, New York. This is the music center built on the site of the original 1969 Woodstock festival. It’s a modern amphitheater with outdoor lawn seating together accommodating 15,000 people, just up the hill and facing the other way from the original concert setup. Over 1700 hundred acres, parking galore, handicap transport, pond, more than 1000 trees planted on a manicured landscape, said to cost $100 million and looking every bit of it.

Carlos took the stage prepared to connect with Woodstock, including a live version of Soul Sacrifice together with a screened version of his performance at the original festival, making it difficult for some to discern where the music was coming from. In addition to his admittedly preachy message of universal godly togetherness (seemingly omitting atheists), he began a clarion call.

In rough paraphrase, “We are on hallowed ground…(deep crowd murmur)…ground zero for love and peace…(rousing applause)…the place where the Vietnam War ended…(applause) [and then tapered off into self-aggrandizement]…this is not Arizona, or Fox News”, although in that large crowd there surely were some Fox News people, and maybe some Arizonians.

Whatever role the iconic happening on Max Yasgur’s farm had on ending the Vietnam War, it was set in a milieu of affected youth, meaning draft age. And it’s not only draft age youths that are affected, it’s their parents, family and friends. It’s millions of people making lots of noise that becomes an annoyance for the state. But the state knew how to take care of that and now nobody has to burn their draft card anymore.

The youths of the Vietnam War era were no smarter than today’s youths. They merely acted in their own self-interest. Already this century we have two major wars going – been promised endless war – and there is a sense of quietude in the country. Our sons and daughters have to sign up to fight. You have to hand it to the state for the infinitely clever system it has devised.

The all volunteer army is funded with “hush money”, and there is an awful lot of it. I was drafted in 1961 and I seem to remember my pay at $78 month. I also seem to recall a general’s pay then was $1700 month. Today’s recruits begin at close to that. The “contractor class” of soldier can receive six figures annually, making each of them multiple MacArthurs.

So the country’s been hushed. You can’t say anything anymore. Even after Abu Ghraib you can’t say anything because didn’t we punish those few “bad apples”? Nobody can say anything because everyone’s been paid off. Those that fight get it in cash and those that don’t get it by not having to fight.

It’s tempting to think that there is a giant plan at work. Move wealth to the upper classes at the expense of the lower classes that, being thus deprived, become fodder for the state in the form of either prisoner or soldier. I don’t think there’s any such plan. It’s far too complicated and unnecessary.

The state acts in its own self-interest, which is necessarily in harmony with elite interests. So long as elite interests are served things will roll along merrily. Once a course is set – any course – certain things will break for you. It is not surprising that, in a wealthy security state such as ours, there is a steady supply of prisoners and soldiers.

There is a sign that dots the roads of my county, “Just vote them out!” OK, that would be nice, and then what? Leave the signs up? While it might be fun to see a perpetual throw the bums out parade, the sign itself is less latent than lament.

With our 2-party state (what a friend of mine calls the 1.1-party state) we have the party in power and the loyal opposition. That’s the trouble. They’re too loyal. What we need is opposition that is a little less loyal to a militaristic, imperialistic, secretive, hypocritical killing machine, and that can’t be found in either party.

Only a peoples’ party, a party of the left, unapologetic and uncompromising, could oppose the mindless course our country has set for itself. But we have no left. It’s a million miles away at present, so it’s no use asking where it will come from. It would sound something like what was heard most recently in the political words of Ralph Nader, Mike Gravel, and Dennis Kucinich who, pooled together, do not cross the 3% line.

Remember in the primary debate Mike Gravel said that Obama’s declaration that all options are on the table with Iran amounted to a threat of war. Obama responded that Iran’s nuclear programs pose a major threat to the United States. Gravel pointed out that the United States has refused to disarm its nuclear weapons. He then said, “Who the hell are we going to nuke? Tell me Barack, who do you want to nuke?” Barack smilingly answered, “I’m not planning to nuke anybody right now, Mike. I promise.” Obama had the crowd and got the laugh. He was preparing to become president, an outward seriousness concealing a trivial argument. Gravel was made to seem trivial while making a serious argument.

There’s a limit to how serious you can be and still be president. There’s no limit to how loyal you can be.

Monday, May 17, 2010

SpeechNow vs. FEC

Citizens United, Act II: SpeechNow vs. FEC
By karoli Sunday May 16, 2010 


There's an interesting convergence of politics and law going on right now around the Pandora's box that is campaign finance. Round II of the Citizens United case will likely be SpeechNow vs. the FEC. In this round, the issue is the relationship between the law, 527 tax exempt organizations, and independent expenditures (money spent for direct mail, TV, radio and internet advertising).

The Players

SpeechNow.org is a group formed with the purpose to oppose candidates who, in their view, act to squelch free speech. The named principals are David Keating (Club for GrowthExecutive Director), Edward Crane (Cato Institute founder), Fred Young (Cato Institute board member), Brad Russo and Scott Burkhardt.

Their stated purpose and goal

The stated purpose of SpeechNow.org is as follows (from appellate court opinion here):
...to promote the First Amendment rights of free speech and freedom to assemble by expressly advocating for federal candidates whom it views as supporting those rights and against those whom it sees as insufficiently committed to those rights.
To illustrate how they proposed to carry out their purpose, SpeechNow.org supplied ad copy from ads they had planned to run in 2008 against Republican Congressman Dan Burton and Democratic Senator Mary Landrieu. Examples were carefully chosen to demonstrate their non-partisan bent. Sample copy for one television ad read this way:
[P]oliticians like Dan Burton don’t like free speech. Burton voted for a bill to restrict the speech of many public interest groups. Under this bill you could go to jail for criticizing politicians.
Hey Dan Burton. This is America, not Russia.
But we still have the right to vote. Say no to Burton for Congress. Say no to censorship.
And against Landrieu:
“Our founding fathers made free speech the First Amendment to the Constitution. Mary Landrieu is taking that right away. Don’t let her do it again.”
What's at stake

Non-profit groups organized as 527 organizations have some specific rules to limit the amounts an individual may contribute. Currently the annual maximum contribution from an individual is $5,000. SpeechNow argues that because contributions are being passed through the organization as "independent expenditures" (e.g., funds used to pay for direct mail campaigns, TV, radio and internet advertising) the limits shouldn't apply, just as they do not apply to corporate "persons" in the Citizens United case.

If SpeechNow.org is successful, any group who spends money on direct mail, TV, radio or internet advertising can use a non-profit entity to make unlimited contributions. They further object to the reporting requirements imposed on 527 organizations, and are seeking to have those abolished.

The political stakes

The line SpeechNow.org is walking is extraordinarily fine. They claim to be an issue-focused group (i.e., free speech), but it's clear they intend to target candidates and pour money into those targeted districts to influence the outcome of elections.

It's equally clear (to me, at least) that this particular group will be completely partisan about who they apply their "free speech" standards to, which raises this question for me: What bright-line standard could be applied to ad copy to distinguish one ad as an "issues ad" from another that's a "candidate ad"? The two are inextricably linked. I can't see where any group worth their salt would buy ads to say "Vote Candidate X out of office. That is all."

Ads generally wrap around an issue with the goal of defeating the candidate, while promoting the issue as a second outcome. If SpeechNow.org succeeds, what we will have here is direct advocacy for or against candidates by groups allowed unlimited donations for buying such advertising while eliminating all disclosure as to who the buyers are.

As one who spends a lot of time following campaign money, I see this as a disaster.
This case is also about to become a political football in the pending nomination of Elena Kagan.
SCOTUSblog:
The FEC and the U.S. Solicitor General’s office have not yet decided whether to take to the Supreme Court the FEC’s unanimous loss in the D.C. Circuit Court in the SpeechNow case. While the time to file a challenge before the Justices does not expire until late June, the motion filed Friday in U.S. District Court will put added pressure on government officials to make up their minds on the next step. They must respond to the new motion in 14 days, for example — that is, before the end of this month.
One of the issues surrounding Kagan's confirmation is the question of her recusal in cases where she has acted on behalf of the United States as Solicitor General. Forcing this case to the front seems to be pure politics to me. If she has acted on this case as Solicitor General, she will not be able to hear it as a Supreme Court Justice.

Given the decision of the appellate court and the Supreme Court in the Citizens United matter, it may not matter anyway. It could be that they've won this outright already, in which case we all lose.

Here's what concerns me the most. Even if we have publicly financed elections, this kind of activity will not stop. Voters will be barraged with ad after ad after ad for a candidate, against a candidate, via a known organization or via an astroturf group. While public financing will certainly separate candidates one degree or so from the money, the inarguable influence of these independent expenditures will still hold sway with the candidate and with the public and continue to subvert the process.

Really, the only hope we have for free and fair elections is an educated, engaged electorate with the ability to discern the difference between candidates without 30 second sound bites or propaganda films to promote or defeat them.

Friday, February 26, 2010

'Zombies' have free speech rights too, US court rules

But what about REAL zombies..?


'Zombies' have free speech rights too, US court rules

Published: Thursday February 25, 2010

They're said to utter little more than an occasional groan, but zombies -- the blood-drenched monsters of Hollywood "B" movies -- still have a right to free speech, a US court ruled this week.

An appeals court in the northern US city of Minneapolis, Minnesota on Wednesday allowed a group of zombies -- or rather, several protesters costumed as such -- to press ahead with their lawsuit against police who arrested them for disorderly conduct.

The appeals court overturned a lower court in finding that the group of seven "zombies" had been wrongfully detained during a 2006 shopping mall protest against consumerism.

The three-judge panel, by a two-to-one vote, ruled that Minneapolis police lacked probable cause to arrest the demonstrators for disorderly conduct.

At the time of the protest, the plaintiffs were wearing makeup that gave them a "living dead" look: white face powder, fake blood and black circles around their eyes.

They lurched stiff-legged through the halls of the mall urging shoppers to "get your brains here" and "brain cleanup in aisle five."

In various bags, the protesters carried audio equipment including loudspeakers and wireless phone handsets, which police had described as "simulated weapons of mass destruction."

The judicial panel upheld the lower court in dismissing the plaintiffs' claims of "false imprisonment" and "First Amendment retaliation" by Minneapolis police after being put in jail for two nights.

But the appeals court sided with the protesters in ruling that police had no reason to imprison them simply for "dressing as zombies, and walking erratically in downtown Minneapolis," the court decision said.

"An objectively reasonable person would not think probable cause exists under the Minnesota disorderly conduct statue to arrest a group of peaceful people for engaging in an artistic protest by playing music, broadcasting statements (and) dressing as zombies," the appeals court ruled.

The decision allows the protesters to revive their lawsuit against Minneapolis and its police, which according to the Star Tribune newspaper seeks damages of at least 50,000 dollars per person arrested

Tuesday, February 23, 2010

What Are We Bid for American Justice?

What Are We Bid for American Justice? 
Bill Moyers and Michael Winship
Posted: February 19, 2010 03:11 PM

That famous definition of a cynic as someone who knows the price of everything -- and the value of nothing -- has come to define this present moment of American politics.

No wonder people have lost faith in politicians, parties and in our leadership. The power of money drives cynicism deep into the heart of every level of government. Everything, and everyone, comes with a price tag attached: from a seat at the table in the White House to a seat in Congress, to the fate of health care reform, our environment, and efforts to restrain Wall Street's greed and prevent another financial catastrophe.

Our government is not broken; it's been bought out from under us, and on the right and the left and smack across the vast middle, more and more Americans doubt representative democracy can survive the corruption of money.

Last month, the Supreme Court carried cynicism to new heights with its decision in the Citizens United case. Spun from a legal dispute over the airing on a pay-per-view channel of a right-wing documentary attacking Hillary Clinton during the 2008 presidential primaries, the decision could have been made very narrowly. Instead, the conservative majority of five judges issued a sweeping opinion that greatly expands corporate power over our politics.

Never mind that in at least two separate polls an overwhelming majority of Americans from both political parties say they want no part of the Court's decision; they want even more limits on the power of money in elections. But candidates and their campaign consultants are gearing up to exploit the court's gift in the fall elections.

Just this week, that indispensable journalistic website Talking Points Memo reported that K&L Gates, an influential Washington lobbying firm, is alerting corporate clients on how to use trade associations like the Chamber of Commerce as pass-throughs to dump unlimited amounts of cash directly into elections. They can advocate or oppose a candidate right up to Election Day, while keeping a low profile to prevent "public scrutiny" and bad press coverage. And media outlets already are licking their chops at the prospect of all that extra money to be spent buying airtime -- as much as an additional $300 million dollars. That's not even counting production and post-production costs of campaign ads, which are considerable. A bad situation just got worse.

If you want to know just how much worse, look to the decision's potential impact on our court system, where integrity, independence and fair play count the most when it comes to preserving faith in our system. It's as susceptible to the lure of corporate wealth as the executive and legislative branches are.

Ninety-eight percent of all the lawsuits in this country take place in the state courts. In 39 states, judges have to run for election -- that's more than 80 percent of the state judges in America.

The Citizens United decision makes those judges who are elected even more susceptible to the corrupting influence of cash, for many of their decisions in civil cases directly affect corporate America, and a significant amount of the money judges raise for their campaigns comes from lobbyists and lawyers.

In the words of Charles W. Hall, a spokesman for the non-partisan, judicial watchdog group Justice at Stake, "Corporate bottom lines are not affected by whether a bank robber gets 10 or 20 years in prison. The bottom lines are affected however by whether a large scale lawsuit is upheld or overturned."

During the 1990s, candidates for high court judgeships in states around the country and the parties that supported them raised $85 million dollars for their campaigns. Since the year 2000, the numbers have more than doubled to over $200 million.

The nine justices currently serving on the Texas Supreme Court have raised nearly $12 million in campaign contributions. The race for a seat on the Pennsylvania Supreme Court last year was the most expensive judicial race in the country, with more than four and a half million dollars spent by the Democrats and Republicans. Now, with the Supreme Court's Citizens United decision, corporate money's muscle just got a big hypodermic full of steroids.

As Supreme Court Justice John Paul Stevens wrote in his 90-page Citizens United dissent, "At a time when concerns about the conduct of judicial elections have reached a fever pitch... the Court today unleashes the floodgates of corporate and union general treasury spending in these races."

States that elect their judges, he said, "after today, may no longer have the ability to place modest limits on corporate electioneering even if they believe such limits to be critical to maintaining the integrity of their judicial systems."

No wonder that legal experts, including former Supreme Court Justice Sandra Day O'Connor (the only living current or former Supreme Court member to have been an elected state court judge), have called for states with judicial elections to switch to a system of merit selection. Judges would be appointed but possibly subject to "retention elections" in which voters can simply vote thumbs up or down as to whether jurists are qualified to remain on the bench.

Until such changes are made, the temptations of corporate cash mean that in those states where judicial elections still prevail there hangs a crooked sign on every courthouse reading, "Justice for Sale."