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free speech Archive

Wednesday

1

July 2009

0

COMMENTS

Will Free Speech Make A Comeback?

Written by , Posted in The Courts, Criminal Justice & Tort, The Nanny State & A Regulated Society

Along with the Ricci decision, there was more important news that came out of the Supreme Court on Monday. Rather than issuing a decision in Citizens United v. FEC, the court invited new oral arguments with the question: “For the disposition of this case, should the Court overrule either or both Austin v. Michigan Chamber of Commerce, and a part of McConnell v. FEC, which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002?”

People who know much more about this sort of thing than I have weighed in on what this means.

Institute for Justice:

The Court has set up a blockbuster case about Americans’ First Amendment rights to join together and speak freely about politics.  A majority of the High Court appears to recognize the grave threat to free speech posed by both the electioneering communications ban in McCain-Feingold and the ban on corporate political speech.  This case could mark a significant advance for First Amendment rights and will have major implications for state laws nationwide.

Cato@Liberty:

Justices Kennedy and Scalia, both current members of the Court, wrote dissents in Austin. Justice Thomas has called for Austin to be overruled in other contexts.  Neither Justices Roberts nor Alito is likely to vote to uphold Austin (or the relevant parts of McConnell v. FEC for that matter). But it would seem that either or both of them were unwilling to strike down a precedent without a formal hearing. That hearing will come on September 9 with a decision expected by Thanksgiving.

Almost six years after the Court utterly refused to defend free speech in McConnell v. FEC, the Roberts Court may be ready to vindicate the First Amendment against its accusers in Congress and elsewhere.

Monday

11

May 2009

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COMMENTS

Thursday

12

March 2009

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COMMENTS

Tolerant College Liberals Shout Down Opposing View

Written by , Posted in Culture & Society

UMass liberals shouted down a speaker opposed to “hate-crime” legislation, then declare themselves open-minded. I kid you not. Here’s what one of the little geniuses had to say:

“There’s absolutely no room for hate speech on this campus,” said winter 2008 graduate Natalia Tylim. Her friend, senior Katie Perry, concurred, adding “I think campuses are places for open-mindedness, and this is the opposite of that.”

You have no idea how true that is.

Hat tip: protein wisdom

Monday

9

March 2009

1

COMMENTS

Citizens United v. FEC Will Challenge McCain-Feingold

Written by , Posted in The Courts, Criminal Justice & Tort

In a couple weeks, the Supreme Court will hear arguments in Citizens United v. FEC.  The case involves Citizens United’s film, Hillary: The Movie, and the law of political censorship known as McCain-Feingold.

The creators of the film wanted to show it on TV during the election campaign.  The FEC essentially said, “no, you can’t do that.”

The McCain-Feingold law bans the broadcast, cable or satellite transmission of “electioneering communications” paid for by corporations in the 30 days before a presidential primary and in the 60 days before the general election. That leaves out old technologies, like newspapers, and new ones, like YouTube.

The law, as narrowed by a 2007 Supreme Court decision, applies to communications “susceptible to no reasonable interpretation other than as an appeal to vote for or against a specific candidate.” It also requires spoken and written disclaimers in the film and advertisements for it, along with the disclosure of contributors’ names.

The net effect, Mr. Bossie said in an interview, is censorship.

“I can put it in as many theaters as I want across the country,” he said of the documentary. “I just can’t let anyone know about it.”

Last year, a three-judge panel of the Federal District Court here said the film was prohibited electioneering communication with one purpose: “to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world and that viewers should vote against her.”

But that is not the only possible interpretation of the film.

For instance, in a brief in the Supreme Court defending the film, the Reporters Committee for Freedom of the Press said the film “does not differ, in any relevant respect, from the critiques of presidential candidates produced throughout the entirety of American history.”

Let’s hope the court takes this opportunity to take another bite out of unconstitutional restrictions on speech in the name of “campaign finance reform.”

Friday

31

August 2007

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COMMENTS

Cartoon Rage Redux

Written by , Posted in Foreign Affairs & Policy

Like the Danes before them, the Swedes are coming to understand just how opposed to freedom fanatical Islamists are.

Swedish artist Lars Vilks was invited by an art school to participate in an exhibit with the theme, of all things, of dogs. Vilks, something of a provocateur (his website has a cartoon of a Jew’s head on a pig’s body), submitted cartoons including one with Mohammed’s head on a dog’s body (it’s connected to the contemporary Swedish craze for “roundabout dogs,” but that’s another story). Before the exhibit opened, his drawings were removed by the organizers, citing possible security threats. Another gallery followed suit, claiming similar worries.

This provoked much discussion in the Swedish media. Although several other newspapers had already published the cartoons, it was only when Nerikes Allehanda, a regional paper in Orebro, published one of them on August 18 that the fur began to fly. Like the Jyllands-Posten cartoons of Mohammed published in September 2005, the cartoon was used to accompany and illustrate an article discussing self-censorship, threats, and freedom of religion.

It looks like things have already reached the point where thuggish violence is rewarded by preempted censorship. Unfortunately, the perpetual outrage mongers seem to have vastly increased their efficiency:

Sweden’s own Muslims have merely demonstrated peacefully outside the paper?s office, but, like the Jyllands-Posten affair, foreign intervention has now raised the stakes. With the Danish cartoons it took four months before several Muslim governments, at the behest of an Organization of the Islamic Conference (OIC) meeting in Mecca, launched protests, boycotts, and threats, resulting in dozens of murders, especially of Christians. This time they took only nine days.

The Swedish response? Dhimmitude, of course:

A Swedish foreign ministry spokeswoman said the government had “expressed regret that the publication of the cartoons had hurt the feelings of Muslims”.

“We can’t apologise for the cartoons because we did not publish them,” spokeswoman Sofia Karlberg told the BBC News website.

The only reason they can’t apologize is because they aren’t the perpetrators, not because they believe in principles of freedom. It’s no wonder Islamists believe the West is weak, we can’t even defend our own principles.

Monday

22

January 2007

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COMMENTS

McCain-Feingold To Get Another Look From SCOTUS

Written by , Posted in The Courts, Criminal Justice & Tort

Perhaps there is hope after all that basic freedoms of expression will be returned to the people.

The Supreme Court agreed yesterday to revisit the landmark 2002 legislation overhauling the nation’s campaign finance laws, moving to settle the role of campaign spending by corporations, unions and special interest groups in time for the 2008 presidential primaries.

It would be the first time the court has reviewed the McCain-Feingold law of 2002 since justices ruled 5 to 4 three years ago that the act was constitutional. Since then, Justice Sandra Day O’Connor, who was in the majority, has been replaced by Justice Samuel A. Alito Jr.

At issue in the case is the question of whether so-called issue advocacy ads paid for by the general funds of special interest groups and broadcast in the period before a federal election may mention specific candidates. A three-judge panel in Washington last month overturned that prohibition, which is one of the key provisions of the law known formally as the Bipartisan Campaign Reform Act.

“The stakes are enormous,” said Michael E. Toner, a Federal Election Commission member who served on President Bush’s campaign in 2000. “We’re watching this case very closely.”

The entire law should be thrown out as unconstitutional. The question of whether or not an ad attempts to “influence” elections should be irrelevent, though that’s exactly the question the courts are addressing. In practice, expression of all opinions “influences” elections for the simple fact that votes are cast based on opinions, and though opinions are formed based on a great many factors, one of those certainly is the expression of free ideas made by fellow citizens.

You cannot make a logical differentiation between campaigning and freedom of expression; the two are inseverably linked. Rather, if the Constitution is to have any meaning, they should be so linked.

. . .Richard L. Hasen, an election law expert at Loyola Law School in Los Angeles, said the Supreme Court challenge is “going to be a prime opportunity for opponents of campaign regulations to make some headway in watering down the standards.”

. . .What could make the outcome different this time, he said, is “simply the replacement of Justice O’Connor with Justice Alito.”

Here’s hoping.

Hat tip: Club for Growth

Friday

29

December 2006

0

COMMENTS

The Future Of McCain-Feingold Rests With New Judges

Written by , Posted in The Courts, Criminal Justice & Tort

OpinionJournal takes a look at how Alito and Roberts might rule on McCain-Feingold.

A federal court decision last week upheld the right of citizens to petition their government–a right taken for granted before the 2002 McCain-Feingold campaign-finance law codified speech restrictions. The ruling is overly narrow but welcome all the same. And if it’s appealed, as expected, the Supreme Court will have another chance to weigh in on Congress’s efforts to chip away at First Amendment free-speech guarantees in the name of “reform.”

. . .

Check it out here.

Thursday

26

October 2006

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COMMENTS

Lawsuit Over Danish Cartoons Thrown Out

Written by , Posted in Foreign Affairs & Policy

From Townhall:

A Danish court rejected a lawsuit Thursday against the newspaper that first printed the controversial Prophet Muhammad cartoons. Arab politicians and intellectuals warned the verdict would widen the gap between Westerners and Muslims, but said mass protests were unlikely.

The City Court in Aarhus rejected claims by seven Danish Muslim groups that the 12 drawings printed in the Jyllands-Posten daily were meant to insult the prophet and make a mockery of Islam. Islamic law forbids any depiction of Prophet Muhammad, even positive ones, to prevent idolatry.

The court conceded that some Muslims saw the drawings as offensive, but found there was no basis to assume that “the purpose of the drawings was to present opinions that can belittle Muslims.”

…Jyllands-Posten’s editor in chief hailed the court’s decision as a victory for freedom of speech.

It’s good that the lawsuit was thrown out, but I’m not encouraged and don’t really consider this “a victory for freedom of speech”. It’s a harbringer of things to come, and the fact that it was even filed does not bode well for the future of intellectual freedom in Europe. After all, what if the cartoons had been intended “to present opinions that can belittle Muslims”? Is that really a sound cause of legal action? Everyone else can be belittled, but not Muslims? If you’re only allowed to express an opinion that doesn’t offend anyone then that’s not freedom of speech.

Monday

16

October 2006

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COMMENTS

UN To Hold Cartoonist Indoctrination Seminars

Written by , Posted in Foreign Affairs & Policy

Predictably, the UN has responded in the most wrongheaded manner possible to the hysterical reactions of some Muslims to cartoons they didn’t like. Rather than condemning the intimidation tactics carried out against Denmark, the UN is holding a seminar on “The Responsibility of Political Cartoonist”.

Apparently the problem is not that some people feel violence is an acceptable response to statements or opinions they disapprove of. Oh no, we can’t go around blaming people for their actions. The responsibility, rather, rests with those damn cartoonists who insist on expressing themselves. But never fear, the UN is stepping in to make sure these dastardly draftsmen are brainwashed into compliance. There will be no more unpleasant (nor free) “speech”, we can promise you that!

Saturday

23

September 2006

0

COMMENTS

New York Thought Police vs. The First Amendment

Written by , Posted in Big Government

I never realized New York was home to so many genocidal dictators (discounting, of course, the ones that merely visit from time to time) that it needed a Human Rights Commission. Appearantly, I was wrong.

Hear the phrase “human-rights violator” and one usually thinks of Slobodan Milosevic or some other thuggish despot. In New York City these days, though, the phrase might apply to an advertising executive whose firm hasn’t hired enough African-American managers or to the makers of an “insensitive” video game.

For this astonishing development, blame New York’s Commission on Human Rights, an agency that investigates and prosecutes violations of the city’s very liberal civil-rights laws. Such laws target not only racial and religious discrimination but bias against women, the elderly, the disabled, noncitizens, gays, ex-cons, the transgendered, victims of domestic violence, and other protected classes. And of course the commission interprets “discrimination” in the most extraordinary ways.

. . .It’s easier to find discrimination if you’ve got an expansive notion of it, of course, and the current commission has expanded its definition to the point of absurdity. Ask New York’s advertising firms. In early September, the commission trumpeted that it had reached agreements with several top agencies, forcing them to recruit and promote more blacks. The companies, seeking to avoid fines of up to $250,000 and litigation, will set numerical goals–quotas–for increasing black representation, establish “diversity boards” and submit to three years of monitoring.

Naturally, the commission offers zero evidence that racism is to blame for minority “underrepresentation” in advertising firms. An advertising executive quoted in the New York Times gives a far more plausible explanation: “Minorities are targeted broadly by everyone: Wall Street, Fortune 100 companies. Your top minority students have lots of opportunities outside advertising.” The notion that New York advertisers are bigots who won’t voluntarily hire and advance qualified blacks is preposterous in this day and age. It’s the commission’s retrograde racial-preference mandate that’s truly racist, since it likely will require the ad firms to hire certain job candidates–and reject others–simply because of their skin color.

The threat of a commission investigation a while back was sufficient to get Take-Two Interactive Software, makers of the video game Grand Theft Auto, to promise to remove an instruction–“Kill the Haitians”–from one version of the game. “I believe that this New York City-based company has gained a greater appreciation for the diversity which makes this city great,” Mr. Bloomberg announced. You don’t have to be a fan of Grand Theft Auto to find in such intimidation less protection of a human right than violation of the First Amendment.

In the perfect world for many there is no First Amendment. After all, freedom of speech so often leads to that horrible condition which a vocal few tend to find most intolerable, offense. Some people just refuse to go along with the thought police and dare to say things that other people don’t like.

Thankfully, we have Human Rights Commissions diligently on the lookout for such flagrant troublemakers, ready to ship them off to reeducation centers, also known as “sensitivity training” in newspeak, at a moments notice.