Category: Free Speech

Academia, Congress, Constitutional Law, Environment, Free Speech, International, Justice, Media, Politics, Science, Society

The Austerity Conspiracy

Submitted by: Mike Spindell, Guest Blogger

104248208When I started as a college student about 50 years ago I took the Sociology I course as a required subject. There is little I remember from that course and less I remember about the instructor, except for his introductory words on the first day of class. To paraphrase him he said: “You will be taking a lot of courses in what are called the Social Sciences. Approach them all, including mine, with skepticism because they really aren’t science courses like those you’ve learned as a high school student. They will spend a lot of lecture time though trying to prove they are truly scientific, don’t believe them”. His clear meaning was that although the Social Sciences try to operate as if they are using the scientific method of experiments/research to prove theories, most of the work done is skewed to prove the theory of choice by those doing the research. In the five decades since that lecture my own experience and reading has taught me how true the advice from that long forgotten Sociology instructor is.

The social science that has my attention at the moment is Economics. I’ve read many an economist, from all points on the political spectrum and frankly while I favor those such as Krugman and Baker, I take most of what they say as opinion, rather than scientifically determined truth. Yes I’ve even read “Freakonomics” by Levitt and Dubner and the follow-up “Superfreakonomics” and while they were good reads I see them as not only bad science, but a conflation of economics with other social sciences that is superficial at best. This is really the problem with many economists and their theories. They presume to divine human behavior via the prism of economic theory.  In the end their proofs are merely retrofitting their pre-judgments. That brings me to the “Austerity” movement which has hampered the recovery from the economic “depression” brought on by the wars and tax reductions of the Bush years, while it has also caused a crisis worldwide through its imposition upon many nations. The foundation research that has justified this “Austerity” movement came from two Harvard Professors: Carmen Reinhart and Kenneth Rogoff.  A University of Massachusetts student Thomas Herndon found that their work was filled with mathematical errors in their research spreadsheets. http://www.huffingtonpost.com/2013/04/16/reinhart-rogoff-austerity-research-errors_n_3094015.html Their spreadsheets were their “proofs” that economic austerity promotes economic recovery and this theory, long held by many economists, is the basis for the imposition of austerity onto so many Nation’s economies and is the source of bitter national debate in our own. Though I will present some overview and links amplifying “austerity’s” false assumptions, my interest is in presenting my view on why the powers that be have imposed this doctrine, whose effects fall squarely upon 99% of the people of these nations, leaving the wealthiest unscathed. Continue reading “The Austerity Conspiracy” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Military, Politics, Religion, Society, Supreme Court, Uncategorized

The Father of Our Country

Submitted by: Mike Spindell, guest blogger

Gilbert_Stuart_Williamstown_Portrait_of_George_WashingtonThe idea for this guest blog came from Anonymously Yours, who has been around at Jonathan Turley’s Blog, for at least as long as I have. We have had an E Mail relationship, offline for many years. He sent me the link that I’ll be basically using and I think his judgment was on the money. The topic is George Washington’s Farewell Address, how prescient our First President was and how much good advice he gave that we should heed today, after the passage of 218 years.

Like every other American child what I learned about George Washington came from school and little else. When I started learning about him and the revolutionary war, it was common when speaking about him to call him “The Father of Our Country”. As the years passed this description has seemingly fallen out of consciousness and we usually only see him referenced wearing a white wig and a tri-corn hat on President’s Day selling cars. Certainly too, as my education progressed through High School and College, the view of Washington as one of our Founding Father’s was diminished as compared to his more glamorous and brilliant cohort among the Founding Fathers, Jefferson, Franklin and Madison. It is easy to see why this change came about. When you think of Washington, most would see the famous portrait I’ve used as a picture above. The portrait shows a prim-mouthed, rather dour man with a wig. History has given us certain personal details like his famous wooden false teeth. History has also supplied a childish, hagiographic mythology that he never told a lie and threw a coin across the Potomac. There is even some debate about his competence as a General. Indeed, the traitor Benedict Arnold is considered by many to be the best military mind on our side during the Revolution.

So when AY sent me his E Mail, I was at first skeptical about the project until I read the link. While in some sense I knew about his Farewell Address in the back of my mind, rereading it and the commentary on it caused me to rethink George Washington. As I see now he was a great man, in a true sense and he at least gave this country a good start. He also made a contribution regarding how he felt this country should comport itself that is relevant today, although certainly not heeded. Let’s explore Washington’s message and see what wisdom we can draw from it today, or should have drawn in the ensuing 218 years since it was written. Continue reading “The Father of Our Country” →

Columns, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society

FIRE ERIC HOLDER

holderericHere is today’s column in USA Today calling for the firing of Attorney General Eric Holder (I have added a couple lines removed in editing). Holder is not the only individual who needs to leave federal office but he is the first. Equally responsible are his deputy, James Cole, and Ronald Machen Jr., the U.S. attorney for the District of Columbia who played critical roles in the investigation of journalists with Associated Press and Fox News. Notably, Obama reportedly “fired” IRS Director Steve Miller (who was reportedly already leaving) over the IRS scandal though there is no indication of any knowledge on his part. In Holder’s case, he was personally involved in targeting journalists (in the Fox case) and launched an attack on the media that has been condemned by a wide array of public interest and media groups. Yet, Holder has been asked to hold a simple meeting with aggrieved media representatives by Obama.

Continue reading “FIRE ERIC HOLDER” →

Constitutional Law, Criminal law, Free Speech, International, Media, Politics

Leading Blogger Arrested In Vietnam In Major Crackdown On Free Speech

130528084704_truong_duy_nhat_464x261_truongduynhatfacebookTruong Duy Nhat, 49, is a leading blogger in Vietnam who has been challenging the government on its authoritarian laws. The Communist government has now responded by arresting him for “abusing democratic freedoms to infringe on the interests of the state.” This truly Orwellian charge could result in a seven year sentence for the blogger.

Continue reading “Leading Blogger Arrested In Vietnam In Major Crackdown On Free Speech” →

Academia, Columns, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Society, Supreme Court

The Rise of the Fourth Branch of Government

3branchesBelow is today’s column in the Washington Post’s Outlook Section on the dangers of America’s growing administrative state. Ask any elementary student and you will hear how the Framers carefully designed a tripartite, or three-branch, system to govern the United States. This separation of powers was meant to protect citizens from tyranny by making every branch dependent on each other to carry out the functions of government. These three branches held together through a type of outward pressure – each holding the other in place through their countervailing forces. Add a fourth branch and the structure begins to collapse. That is precisely what is happening as federal agencies grow beyond the traditional controls and oversight of the legislative and executive branches. The question is how a tripartite system can function as a quadripartite system. The answer, as demonstrated by the last two decades, is not well. The shift from a tripartite to a quadripartite system is not the result of simply the growth in the size of the government. Rather, it is a concern with the degree of independence and autonomy in the fourth branch that led me to write this column.

Continue reading “The Rise of the Fourth Branch of Government” →

Free Speech, Media, Politics, Society, Uncategorized

PBS: Why I Watch But Don’t Contribute: Part Deux

Submitted by: Mike Spindell, guest blogger

432px-PBS_1971_id.svgAbout a year ago I wrote a guest blog titled: PBS: Why I Watch But Don’t Contribute. In it I wrote about the history of PBS and of its’ seminal station WNET Channel 13 in New York. Through the years I’ve been privileged to watch some wonderful television on PBS from great plays to superb documentaries. Much of what PBS and channel 13 supplied to me was culture that was somewhat inaccessible from any other venue. What was so new and novel about the Public Television movement was that it was commercial free and so could greater explore subjects that were verboten in prime time commercial television. It also showed Americans the great programs being produced by the PBS analogue in Great Britain, the BBC. Far from being the “vast wasteland” of commercial TV described by JFK’s FCC head Newton Minnow, PBS showed what a wonderful medium television could be. At the core of this excellence was the fact that there were no sponsors to muzzle production values and dumb down the product.

Originally there was an organization called NET (National Education Television) which merged with New York’s Channel 13 in 1963. It had been operating under various names producing educational television programs that were distributed to various stations around the country. It had originally been funded via a grant from the Ford Foundation to produce educational programs. With the merger in 1963 the philosophy changed drastically in that the aim was to become America’s “Fourth TV Network”. When in 1966 the Ford Foundation began to withdraw funding the Federal Government stepped in.

“In 1966, NET’s viability came into question when the Ford Foundation decided to begin withdrawing financial support because of NET’s continual need for additional funding. In the meantime, the affiliated stations tried to keep the network alive by developing a reliable source of revenue.

The U.S. government intervened and created the Corporation for Public Broadcasting in 1967 to fund the network for the time being. However, the CPB’s intent was to create its own public broadcasting network. The CPB embarked on that course of action because many NET affiliates were alienated by the programming that network offered. These affiliates further felt that NET’s simultaneous production and distribution of programming constituted a conflict of interest.

PBS first began operations in 1969, with NET still producing several shows. However, NET’s refusal to stop airing the critically praised but controversial documentaries led to the decision of both Ford and the CPB to shut the network down. In early 1970, both threatened to cut their funding unless NET merged its operations with Newark, New Jersey public station WNDT-TV. (This did not, however, end the production and distribution of hard-hitting documentaries on public television, since PBS itself continues to distribute and CPB continues to help fund series including Frontline, POV and Independent Lens to this day.)

On Monday, October 5, 1970, the exact day that PBS began broadcasting, NET and WNDT-TV officially completed their merger. NET ceased to operate as a separate network from that point, although some NET-branded programming, such as NET Journal, was part of the PBS schedule for another couple of years before the identity was finally retired. WNDT’s call sign was changed to the present WNET shortly thereafter. Some shows that began on NET, such as Sesame Street, continue to air on PBS today.” http://en.wikipedia.org/wiki/National_Educational_Television

When the government took over the formerly independent WNET the changes were at first unnoticed. However, as is the nature of bureaucracy the independence of content and programming began to be subject to political needs and as a medium, the product became diminished into what can only be seen as TV, that while on occasion is daring and revolutionary, is purposed to support and glorify the corporate state and the elite that runs it. Occasionally, really courageous insightful programs will slip by and air. This though is happening less frequently as outside pressures force self censorship on producers. What follows are current examples of why this is true. Continue reading “PBS: Why I Watch But Don’t Contribute: Part Deux” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Society, Supreme Court, Uncategorized

Eric Holder Should Go!

Submitted by: Mike Spindell, guest blogger

200px-HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sAbout one year into Barack Obama’s first term as President I began calling the White House demanding that Attorney General Eric Holder should be fired. I was disturbed by the lack of prosecutions and by the trend towards stricter enforcement of the Drug Laws. Clearly this was not the change I envisioned from a Constitutional Law professor, or his Attorney General. I guess my support in the election wasn’t important enough to get The President to hear my plea to rid himself and us, of both Holder and Geithner. Here we are now more than four years later and both of these bozos are still on the job and doing harm to our Constitution and our economy. With the Associated Press eavesdropping scandal we have just the latest contretemps committed by the Justice Department and its hapless leader. Having lived through Attorney General’s John Mitchell and Ed Meese, I understand full well the importance of the position and how if it is filled with the wrong man mischief will arise. Eric Holder is in the tradition of both these men since he too seems nonplussed when it comes to upholding the constitution. This article was in reaction to reading about Holder signing off on the AP probe in Thursday’s Huffington Post, I give credit to them for this story and I will provide links.  Here are six instances of Holder’s using his office to achieve what I see as disastrously wrong actions. Continue reading “Eric Holder Should Go!” →

Bizarre, Constitutional Law, Criminal law, Free Speech, Justice, Media, Politics, Society

Obama Orders Holder To Investigate . . . Holder?

President_Barack_ObamaholderericPresident Barack Obama recently came out to remind people that “Leaks related to national security can put people at risk.” He however denied knowledge of this and the other scandals. In the past, Obama has been able to weather criticism by civil libertarians due to his iconic status with many citizens. This time is different. The media (rather belatedly) is seeing his Administration in a different light as a true threat to liberty. Now, Obama has given a speech proclaiming that he now thinks that reporters should not fear investigation for just doing their jobs so he has ordered an investigation . . . by Eric Holder and the Justice Department. Of course, it was disclosed on the same day that it was Holder who approved the abusive targeting of Fox reporter Jeff Rosen.

Continue reading “Obama Orders Holder To Investigate . . . Holder?” →

Constitutional Law, Criminal law, Free Speech, Media, Society

Report: Holder Personally Approved Search Warrant On Fox Reporter

holderericAttorney General Eric Holder recently appeared before the House Judiciary Committee and denied any involvement in the abuse searches targeting the Associated Press by the Obama Administration. Holder seemed to morph with his predecessor Alberto Gonzales with a mantra of “I have no knowledge” and “I had no involvement” in the scandal. It was a disturbing defense in one of the greatest attacks on the free press in modern times. Now, however, Holder’s fingerprints have been found on an equally disturbing targeting of a Fox reporter, James Rosen. As with the Associated Press, Rosen was targeted for simply speaking with a source in a story involving classified information. Even his parents telephone information was seized in the abusive operation where Rosen was declared a “possible co-conspirator” in violations of the Espionage Act.

Continue reading “Report: Holder Personally Approved Search Warrant On Fox Reporter” →

Constitutional Law, Free Speech, Politics

Arizona Atheist Gives Opening Legislative Prayer

MENDEZArizona had an extraordinary moment this week during the opening prayer. No it is not what you think of some sectarian screed or other controversy. To the contrary, it was an unprecedented act of inclusion when the legislature allowed an atheist to open the session. An atheist state lawmaker tasked with delivering the opening prayer for this afternoon’s session of the House of Representatives asked that people not bow their heads. Democratic Representative Juan Mendez, of Tempe, is an atheist and opened the session by asking his colleagues not to bow their heads but look at each other.

Continue reading “Arizona Atheist Gives Opening Legislative Prayer” →

Congress, Constitutional Law, Criminal law, Free Speech, Politics

Justice Department Declared Fox Reporter Possible “Co-Conspirator” In 2010 Investigation

President_Barack_Obama220px-Richard_NixonAs the scandal over the attack on the press continues in the Associated Press investigation, another such attack has come to light. The Obama Administration in 2010 investigated Fox News correspondent Jeff Rosen and the FBI treated him as “at the very least, either as an aider, abettor and/or co-conspirator” for merely speaking with a source. It was a perfectly Nixonian moment — yet another example of how Obama has adopted many of the same abuses as Richard Nixon. While journalists, public interest groups, and even Democratic members have denounced the attack on the media in the Associated Press investigation, Obama stepped forward to defend the investigation and praise the work of the Justice Department. He doubled down on those complaining about his Administration’s shocking record on whistleblowers and reporters by saying that he would make “no apologies” for the greatest attack on the media in decades.

Continue reading “Justice Department Declared Fox Reporter Possible “Co-Conspirator” In 2010 Investigation” →

Constitutional Law, Free Speech, Politics, Religion, Science, Society

Is It Getting Cold In Here?

Stock Photo of the Consitution of the United States and Feather Quillby Gene Howington, Guest Blogger

That free speech is under attack by the governments local and Federal should be manifestly apparent from the stories that have appeared of the last few years here at Res Ipsa Loquitur.  In articles from our host, myself and my fellow guest bloggers, we’ve seen open attacks on free speech as a right proper, attacks on anonymous political free speech, the prosecution and persecution of whistleblowers and the erosion of shield laws protecting reporters and attacks on free speech and pluralism  in general in the form of blasphemy laws just to name a few of the threats that have come to our attention. What is most troubling is that the Federal government has stepped up their efforts to outright infringe upon the free speech rights of citizens and the press and chill the right however possible. Free speech is critical for the function of democracy. Without dissent, there can be no debate, only the dictates of the strong over the weak which is by definition tyranny. That is one of the reasons that it was so important that the Founders protected it in the 1st Amendment. However, they felt in particular that the freedom of the press was a not just free speech, but a very special kind of free speech that merited both special mention and protection in the 1st.  The 1st Amendment reads in relevant part:

Congress shall make no law [. . .] abridging the freedom of speech, or of the press”.

As we know, there are legitimate reasonable restrictions on free speech such as defamation, incitement and threats (particularly threats of violence).  So before we look at the two present instances of the chilling of free speech – one a local story about a graduation and one the national story concerning the DOJ accessing the phone records for hundreds of reporters working for the Associated Press – let us first ask examine what is meant by the term “chilling free speech”.

Continue reading “Is It Getting Cold In Here?” →

Constitutional Law, Free Speech, Politics, Religion, Society

Satanic Tweets: Head of Saudi Religious Police Warns Citizens That Use of Twitter Destroys Chance For Heaven

640x392_46796_188122150px-Twitter_2012_logoSheikh Abdul Latif Abdul Aziz al-Sheikh, the head of Saudi Arabia’s religious police, has gone public with a renewed attack on the use of social media sites, particularly Twitter. He warned citizens that the use of sites like Twitter guarantees that the user “has lost this world and his afterlife.”

Continue reading “Satanic Tweets: Head of Saudi Religious Police Warns Citizens That Use of Twitter Destroys Chance For Heaven” →

Bizarre, Constitutional Law, Criminal law, Free Speech, International, Politics, Religion

Report: Chinese Police Beat Tibetan Monk To Death After Found With Dalia Lama Tapes

220px-Dalai_Lama_1430_Luca_Galuzzi_2007cropFlag_of_the_People's_Republic_of_ChinaA Tibetan monk named Kardo was reportedly beaten to death by Chinese police after they found him in possession of recordings of speeches by exiled spiritual leader the Dalai Lama.

Continue reading “Report: Chinese Police Beat Tibetan Monk To Death After Found With Dalia Lama Tapes” →