Category: Free Speech

Today’s Birthday, June 15: The Magna Carta

Submitted by Charlton Stanley (Otteray Scribe), guest blogger

“The democratic aspiration is no mere recent phase in human history . . . It was written in Magna Carta.”

–Franklin Delano Roosevelt, Third Inaugural address (1941)

Magna Carta
Magna Carta

On June 15, in  the year 1215 AD, the King of England was an involuntary “guest” of a group of forty rather angry Barons in a field at Runnymede. After the Barons explained “the facts of life” to him, King John affixed his Seal to a document they called the Magna Carta. In those days, documents were not signed, as is the custom today.  Instead of a signature, the official Seal of the person “signing” was impressed into hot wax poured onto the document.

King John consented to the Baron’s demands, sealing the document in hope of averting a civil war. Ten weeks later, Pope Innocent III proclaimed the Magna Carta document null and void, plunging England into a civil war the King and Barons had hoped to avoid.  Fortunately, for posterity and the law, King John died before Pope Innocent III’s decree became law. He died only 15 months after sealing the Magna Carta.

Although this magnificent document did not solve King John’s immediate problems, it was reissued in multiple copies after his death, and was read to the people throughout England. In fact, when the first English settlers landed on the shores of Colonies around the world, they took their rights with them.

Years later, when the American Colonies decided to break away from control by England, the writers of the Declaration of Independence and new Constitution had the rights first enumerated in the Magna Carta very much in mind.
Continue reading “Today’s Birthday, June 15: The Magna Carta”

Catch 22 and the Secrecy Debate

Submitted by: Mike Spindell, Guest Blogger

National_Security_Agency.svgOne of the greatest novels I’ve ever read was Joseph Heller’s “Catch 22”. It is in turns humorous, tragic and distressing. It is finally one of the best commentaries on the insanity of the human condition, especially in wartime. Catch 22’s protagonist is Yossarian, an Air Force Bombardier in World War II, who no longer wants to keep flying the increasingly deadly missions over Germany. So desperate is Yossarian that he is willing to act out in any way possible that will get him grounded and he is hoping that he will be declared unfit for duty due to insanity. The problem is a military regulation that is described as “Catch 22”.

“The “Catch-22” is that “anyone who wants to get out of combat duty isn’t really crazy” Hence, pilots who request a mental fitness evaluation are sane, and therefore must fly in combat. At the same time, if an evaluation is not requested by the pilot, he will never receive one and thus can never be found insane, meaning he must also fly in combat. Therefore, Catch-22 ensures that no pilot can ever be grounded for being insane even if he is.” http://en.wikipedia.org/wiki/Catch-22_%28logic%29

The revelations of NSA spying have become a great topic of discussion these days, though it is merely a continuance of what we know our government has been doing since the origins of the Cold War, fueled by an ever more sophisticated technology in this digital age. A few people have been privy to the use of secrecy to hide the many violations of constitutional rights, human rights and war crimes. They have acted out of conscience to expose these violations only to face imprisonment and vilification by not only the Intelligence establishment, but by the bi-partisan Washington Establishment and their pundit minions. The most prominent of these “whistle blowers” have been Bradley Manning, Julian Assange and now Edward Snowden. The Establishment I refer to represents the Intelligence/Military/Corporate Complex (IMCC) that is and has been, in control of our country. They are the “Permanent Government” of the United States and have been for most of our history. The IMCC owns or controls most of our supposed “free press” which includes the media outlets from which Americans get their news and form their opinions. Despite the outrage of many here and many in the public, I believe that almost nothing will stop this perversion of this country under the guise of protecting it because of the logic inherent in Catch 22. Yet I have also read an article this week that discusses the NSA issue and actually ends with a modicum of hope. Since it was written by a fearless investigative reporter, whose outlook is usually pessimistic, I took heart from it and perhaps you will also if you oppose this invasion of our lives, supposedly done to protect us. Continue reading “Catch 22 and the Secrecy Debate”

Perry: First Amendment Does Not Protect You From Religion

perrythumb_christmas_santa_fakePoliticians love popularly named bills like the PATRIOT Act and DREAM ACT, an art in itself to name the most compelling acronyms and names. Texas Gov. Rick Perry and state Senator Robert Nichols (R-Jacksonville) therefore can be credited with coming up with the “Merry Christmas Bill” — just try voting against that in Texas. However, the purpose of the bill is far from benign if you are a secularist, atheist, or agnostic. Perry explained the purpose of the bill in a way that put anyone on the other side of a Merry Christmas: “I’m proud we are standing up for religious freedom in our state.” He then added this legal interpretation of the First Amendment: “Freedom of religion doesn’t mean freedom from religion.”

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Turkish Game Show Host Defies Media Blackout Of Protests In His Own Unique Way

v201207252157200949110.mp4One of the most distressing things to watch in Turkey as the Islamic government tears down decades of secular traditions has been the destruction of the free press. Given the recent attack on the free press by the Obama Administration, Turkey is an example of how the media can be chilled into silence. As protests have raged in the streets of major cities in one of the most important movements in the country’s history, the story has been virtually blacked out in the Turkish media, which is fearful of insulting the government of Turkish Prime Minister Tayyip Erdogan. With the collapse of the free press in Turkey, however, one man took an extraordinary and novel stand: the host of a popular Turkish game show. Ali Ihsan Varol, the star of the Bloomberg TV quiz show “Kelime Oyunu,” or “The Word Game,” arranged for questions that had answers reflecting the violence from “gas mask” to “Twitter” to “dictator.” In the crushing silence on Turkish television, the show has caused quite a stir and hopefully brought well-deserved shame to Turkish journalists.

Continue reading “Turkish Game Show Host Defies Media Blackout Of Protests In His Own Unique Way”

School Officials Cut Off High School Graduation Speech For Diverting From Prepared Text

There was an extraordinary scene in Texas that pitted student rights against school authority at the graduation for Joshua High School. Remington Reimer (great name by the way) has been accepted to the United States Naval Academy and was the speaker at the graduation. When he began his speech he mentioned that the school officials threatened to cut off his mike if he deviated from his speech. The mike then went dead.

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What Is a Worse Crime, Rape or Publishing Evidence of the Rape?

Anonymous_at_Scientology_in_Los_Angeles

Respectfully Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

You may recall an article that I wrote back in January discussing the Steubenville, Ohio rape case.  It was a case where members of the town’s high school football team were charged with repeatedly raping and sexually assaulting an unconscious young girl and it also exposed the community support these alleged rapists had.  In that case a local unit of the Hacktivist group, Anonymous, published tweets and pictures of the alleged rapists.  One of the citations or links that I provided in the article has since been taken down and now the local Anonymous activist had his home raided by a FBI SWAT team and may be charged with hacking into the high school website and could face a potential 10 year sentence for the alleged crimes!  You may ask what are the sentences that the now convicted rapists are facing?  Since they were minors at the time of the alleged serial rape, they are facing 2 year sentences.   Continue reading “What Is a Worse Crime, Rape or Publishing Evidence of the Rape?”

The Security State: It’s Getting Worse For Ordinary Citizens–General Aviation is now Targeted.

Submitted by Charlton Stanley (Otteray Scribe) guest blogger

cbpThis has not gotten much national press….yet. I had been hearing of these events through the aviation grapevine, but did not know for sure it was actually happening until the story of Gabriel Silverstein broke on the AOPA (Aircraft Owners and Pilots Association) news web page. Mr. Silverstein is a New Jersey businessperson who was returning from a business trip to California with his husband. He had filed a flight plan, and landed his Cirrus SR22, a small private aircraft, in Oklahoma for a fuel stop. At that time, he was subjected to a ramp check.  By Federal Air Regulations, a ramp check is supposed to be done only by an FAA official. On a standard ramp check, the pilot has to produce documents showing the airplane is airworthy, is registered, and has the paperwork on board as required under Part 91 of the Federal Air Regulations. The pilot must show his or her pilot’s license and medical certificate.  The Oklahoma ramp check was brief, and he went on his way. He had to stop for fuel again in Iowa City. Upon arrival, he went into the FBO (Fixed Base Operator) office to pay for his gas, take a break and file a new flight plan. When he returned to his plane, he found it surrounded by officers, being searched without his permission, and with no explanation. The officers said “Probable Cause” was the K-9 dog had “hit” on the baggage compartment. The officers ordered him to be quiet, and if he asked any more questions, he would spend the rest of the day in the back of a police cruiser in handcuffs.

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CPB stock photo by Gerald L Nino
CPB captions this as being at their Air and Marine Operations Center

One officer handed Mr. Silverstein a business card identifying him as being with the Department of Customs and Border Protection.  Mr. Silverstein says the brown uniforms and shoulder patches he saw that day were identical to the one worn by the officer on the right in this stock CPB photo. On their web page, the CPB identifies this location as being at their Air and Marine Operations Center. I think we can safely assume this is not the main operations room, but only part of the operation.

Geography was not my favorite subject in school, but last time I looked, both Oklahoma and Iowa are a long way from any international border.

More Border Patrol and Homeland Security goodness over the jump, including a video interview with Mr. Silverstein.

Continue reading “The Security State: It’s Getting Worse For Ordinary Citizens–General Aviation is now Targeted.”

Secretary Of State Kerry’s Remarks On Release Of International Religious Freedom Report

-Submitted by David Drumm (Nal), Guest Blogger

Flag of the Secretary of State
Flag of the Secretary of State

The U.S. State Department recently released its 2012 International Religious Freedom Report. The report acknowledges the rights of non-believers: “Whether it be a single deity, or multiple deities, or no deities at all, freedom to believe–including the freedom not to believe–is a universal human right.” The report also notes that the “use of blasphemy and apostasy laws continued to be a significant problem, as was the continued proliferation of such laws around the world.”

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Don’t “Annoy” Your Local Police Or Else

Submitted by Mike Spindell, Guest Blogger

220px-Badge_1012There is a new bill passed by the New York State Senate that relates to many of the blogs and discussions we have had here through the years. This bill would make it a felony to “annoy” a police officer acting in the course of his duties. While I can understand that directly interfering with a  police officer in the middle of his duties should not be done, we have seen through the years that the police broadly interpret what is “interference” to include what is obviously a person exercising their First Amendment rights, such as responding negatively to a police officers actions or videotaping them. I find this law another distressing example of how far we are going in the direction of a police state, since as we have seen in our many blogs and discussions here it will be abused time and again. I will have several links at the bottom to illustrate some of the issues dealing with purported “police interference on the Jonathan Turley Blog alone. Continue reading “Don’t “Annoy” Your Local Police Or Else”

The First Amendment and Catch 22

Submitted by: Mike Spindell, Guest Blogger

220px-Anthony_Kennedy_official_SCOTUS_portraitIt’s been so long that I can’t really remember when I first started thinking about and supporting freedom of speech. Perhaps it was when I was eight and went to the local library to borrow Sir Walter Scott’s “Ivanhoe”. I was told I could only borrow books from the children’s section. At the time I didn’t see that as a First Amendment Issue, because I still hadn’t learned about the Constitution. However, as the “Fifties” progressed and the issue of banning books and movies heated up, my social studies education caught up with my natural predilections and I became a full supporter of the idea of the rights of free speech, free press and everyone’s right to access information. During the “Fifties” movies were regularly cut down so as not to offend groups such as The Catholic League. The novels of some of the great authors of the Twentieth Century, such as James Joyce, D.H. Lawrence, William Burroughs and Henry Miller were banned in the U.S. as pornography and their shipments confiscated at our borders. Those of us, like myself, who are old enough to have lived through those times understand that the meaning we give to the First Amendment now, was not the same as it was for the first 160 years (or so) of our country. The lesson of this is that in the courts and with the ever changing political scene , we must ever be vigilant to protect our right as a people to say, read and write what we please, providing it doesn’t cause real danger to others. The catch of course in my last sentence, is what exactly “real danger” is and then what too should be the limits of using freedom of speech as a defense? Continue reading “The First Amendment and Catch 22”

Sen. Lindsey Graham Questions Whether Bloggers “Deserve First Amendment Protection”

Graham-080106-18270- 0035Sen. Lindsey Graham, R-S.C., shocked many yesterday when he went public to muse over the question of whether bloggers “deserve First Amendment protection? These are the issues of our times.” Actually, it may be a question for Lindsey Graham but it is not a question of our time. Bloggers are clearly entitled to first amendment rights as are other citizens. Graham appears to be trying to raise the question of whether they are entitled to protections accorded journalists under a federal shield law.

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Egyptian Activist Convicted Of Insulting President Mohammed Morsi

220px-MohamedMorsiPThe crackdown on free speech continued this week under President Mohammed Morsi (left) with a conviction of Ahmed Douma for insulting the leader. It is only one of a variety of cases against Egyptian journalists, bloggers, and others charged criminally for their criticism of Morsi and the imposition of authoritarian measures and Islamic laws in the country.

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New Jersey Man Appears In Court In A Full Nazi Uniform To Reclaim Visitation Rights

article-2335367-1A21B5DB000005DC-470_634x582We previously discussed the bizarre case of Heath Campbell, who ran into a bit of trouble when he tried to get a store to prepare a birthday cake for his son Adolph Hitler Campbell. It turns out that the parents gave all of their kids Nazi-related names. After the “mein cake” controversy, the state appears to have placed the couple under investigation and then took away their children. The New Jersey neo-Nazi is now fighting to get back his kids. He did it however in a curious way — he and his new fascist Frau showed up in full Nazi uniforms to court. This raises a significant free speech issue. Most of us view this Nazi obsession to be weird and unbalanced. However, it is also a form of political expression. While the state insists that there is a history of violence in the family (including an “anonymous complaint”), there have been no details of the extent of this history. Should this bizarre conduct and hateful belief system be considered on the custody question.

Continue reading “New Jersey Man Appears In Court In A Full Nazi Uniform To Reclaim Visitation Rights”

Tennessee U.S. Attorney Under Fire For Suggestion That Offensive Speech May Violate Federal Law

Bill Killian. Photo by Alex McMahan Photography (423) 504-6423The Obama Administration is currently struggling to deal with disclosure of its attack on the free press under Attorney General Eric Holder. Now, it’s U.S. attorney for the Eastern District of Tennessee, Bill Killian, suggesting an equally disturbing attack on free speech. Killian told a meeting with local Muslim citizens that he wants to “educate” people about how civil rights laws can be used against anti-Muslim speech. He made these comments along side of the FBI special agent in charge of the Knoxville office.

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It’s All About the Judges

Carl_J__Barbier

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

Over the years we have heard the stories about Supreme Court justices coming under fire for attending political rallies and symposiums and for taking gifts from political organizations.  Abe Fortas and his subsequent resignation from the Supreme Court is one instance that comes to mind.  More recently, of course,  Justice Clarence Thomas’ exploits come to mind.  “Justice Clarence Thomas is an ethics problem in a black robe. Just eight months after ThinkProgress broke the story of Thomas’ attendance at a Koch-sponsored political fundraiser, we learn that Thomas doesn’t just do unethical favors for wealthy right-wing donors — they also do expensive favors for him.

Leading conservative donor Harlan Crow, whose company often litigates in federal court, provided $500,000 to allow Thomas’s wife to start a Tea Party group and he once gave Thomas a $19,000 Bible that belonged to Frederick Douglass. The American Enterprise Institute, a conservative think tank which frequently files briefs in Thomas’ Court, also gave Thomas a $15,000 gift.”  Think Progress

What we may have missed in those earlier discussions is how important the lower courts and appeals court judges are in enforcing corporate or political legislation and policies.  What would you say if corporations and partisan foundations or think tanks and oil companies were deeply involved in making sure the judges know who their real “friends” are? Continue reading “It’s All About the Judges”