Category: Free Speech

The Reality of Violence

by Gene Howington, Guest Blogger

“Non-violence” by Swedish sculptor Carl Fredrik Reuterswärd
U.N. Visitor’s Plaza, New York, New York
A gift from Luxembourg.

Unless you’ve been living under a rock for the last forty-eight hours, you have no doubt seen the coverage concerning the mass shooting in Aurora, Colorado. If you possess even a minimal level of empathy for your fellow human beings, twelve dead and fifty-eight wounded when their only crime was wanting to see a movie can only be properly described as tragic. Among the dead accounted for up to this point are a man who had been celebrating his twenty-seventh birthday (Alex Sullivan), a member of our Navy (Petty Officer Third Class John Larimer), a twenty-four year old aspiring sports journalist (Jessica Ghawi), and a six year-old girl. Some less responsible outlets are reporting this little girl’s name (Huffington Post, looking your direction), but other more responsible outlets are not. I will not post her name for the same reason others have declined: the little girl remains unidentified because her mother, also a victim of this horrific crime with gunshot wounds to the neck and abdomen, remains paralyzed in hospital and has not yet been told of her daughter’s death. Even in reporting on events, sometimes a little discretion goes a long way and does not impair the “public’s right to know” in any substantive manner.

Over the next few days, you will see many attempts by people with various political agendas trying to monopolize on this shooting to promote their pet causes. In fact, it has already started and in a most heinous manner. During a radio interview on The Heritage Foundation’s “Istook Live!” show, Rep. Louie Gohmert (R-Texas) said Friday that the shootings were a result of “ongoing attacks on Judeo-Christian beliefs” . . . and questioned why nobody else in the theater had a gun to take down the shooter. Gohmert in one fell swoop illustrated that not only is he a base political opportunist, but that he apparently doesn’t understand the 1st or 2nd Amendments very well – a common affliction among Texas pols. Others pols are already using this as a way to promote their anti-gun agendas, their pro-gun agendas and the Twitter-verse is filling with statements from “our leaders” about this tragic event and all of them in some way self-serving.

I urge you to ignore these opportunists for a moment and to think about something else related to the Aurora shooting.

Multiple outlets are reporting that the accused gunman, James Holmes, had dyed his hair red and told the police he “was the Joker”.

There is the fantasy of violence. There is the reality of violence. They could not be more different in outcome. This presents the issue of instances like this where the line between fantasy and reality have clearly been crossed in some meaningful manner. Does this problem exist in the individual or in society itself? I submit the answer might be “a little of both”.

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Saudi Government Warns Non-Muslims To Observe Ramadan Restrictions

There are millions of non-Muslims in Saudi Arabia. However, the Interior Ministry has warned non-Muslims that they are expected to respect Islamic restrictions during Ramadan and refrain from eating, drinking or smoking in public during Ramadan. Thus for a full month, non-Muslims are expected to act as Muslims in public in the ultimate denial of religious freedom.
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Human Rights Watch Issues Report On Loss Of Civil Liberties Under Chávez

The Human Rights Watch has issued a damning report on the loss of freedoms and civil liberties under Venezuelan President Hugo Chávez. HRW found a comprehensive rollback of core political and legal rights for journalists, dissidents, and the courts. As I have noted before, I am astonished how many in the liberal community in the United States have been muted in their opposition to Chávez who has modeled his government on that of Castro in Cuba while establishing alliances with some of the worst dictators in the world.
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New Jersey Man Sues Over Arrest For Flipping The Bird At Police Officers

Robert Bell is fighting for a quintessential expression of free speech in New York and New Jersey — he was arrested for flipping the bird at police officers. We have seen such cases in other states where officers have arrested citizens for this vulgar but protected form of speech. After Bell was charged with disorderly conduct for making an “obscene gesture” and causing public alarm and annoyance, the charges were dropped. He then sued. As in so many other cases of abusive arrests, there is no record of any discipline taken against the officers who made the groundless arrest. The lack of discipline allows some officers to carry out baseless arrests with the knowledge that the citizen will be punished by the inconvenience of going to jail or to court or both — with the added need of securing an attorney.

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Minnesota Appellate Court Rejects First Amendment Claim Of Former Nurse Who Encouraged Suicides

A Minnesota appellate court has rejected the free speech claims of former nurse William Melchert-Dinkel, 48, who encouraged people to commit suicide online. As with other civil libertarians, I have expressed concern over the implications of the case in convicting Melchert-Dinkel for sharing information on suicide and encouraging third parties to end their lives.

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Vatican Sues Over Satirical Magazine Cover

-Submitted by David Drumm (Nal), Guest Blogger

The Vatican went to court to obtain a temporary injunction against the German satirical magazine Titanic in regards to its July cover, shown at left. The translation is: “Hallelujah in the Vatican: The leak has been found!” The cover refers to the Vatileaks scandal.

The Vatican claims that the covers are illegal and “harm the holy father’s legal rights.” That must refer to the right not to be offended.

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Fortune-Telling Is Constitutionally Protected Speech

-Submitted by David Drumm (Nal), Guest Blogger

United States District Judge for the Western District of Louisiana, Dee Dodson Drell, has upheld the district court finding that an Alexandria, Louisiana, ordinance banning fortune-tellers is unconstitutional. Drell said that banning fortune-telling is a violation of the First Amendment’s right to free speech.

The city of Alexandria argued the business of fortune-telling is a fraud and inherently deceptive.

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Russia Moves To Restrict Internet Sites — Putin Crackdown Supported By InfoWatch CEO

While declaring the demise of the West, Russian President Vladimir Putin is close to enacting sweeping new powers to regulate the Web and block sites of his government’s choosing.  He has received support from Natalya Kaspersky, chief executive of InfoWatch, who said that the Web could use some government control and that civil libertarians are exaggerating concerns about Putin’s control of speech on the Internet. For those people signing up with InfoWatch, it may come as a bit of a surprise that the company is aligned with a man who is rolling back on basic civil liberties for millions and working to limit speech on the Internet — a threat to his authoritarian agenda. Kaspersky actually heralds the possible benefits of a Russian blacklist controlled by Putin.

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Do the Hokey, Go To The Pokey: New York Couple Arrested For Dancing At Subway Station

This dangerous looking Bonnie and Clyde couple has finally been nabbed by the police in New York City. Caroline Stern, a dentist, and George Hess, a movie prop master, were returning from Jazz at Lincoln Center’s Midsummer Night’s Swing when they decided to cut loose at the Columbus Circle station. They danced. That’s right. Right in front of drug dealers, purse snatchers, and assorted felons, they danced. Thankfully, they were promptly arrested and the New York subway system was able to return to its joyless natural state.

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Propaganda 103: The Word Changes, The Word Remains The Same

Reproduction of a Gutenberg press.

by Gene Howington, Guest Blogger

“I have been a believer in the magic of language since, at a very early age, I discovered that some words got me into trouble and others got me out” – Katherine Dunn

“Until it is kindled by a spirit as flamingly alive as the one which gave it birth a book is dead to us. Words divested of their magic are but dead hieroglyphs.” – H. Jackson Brown, Jr.

We return to the word; our most basic element of communication. The written word is naturally an extension of the spoken word. At the beginning of civilization, all propaganda was the spoken word. The primary limiting effect on the spread of ideas was the size of audience within hearing range of the speaker. Then came the image, the structure and written word. They had greater value in spreading ideas because of their inherently static nature. With the invention of paper and other portable means of propagating words and images, ideas were no longer tied directly to the speaker. The content was static, but the medium of exchange mobile. The primary limiting effect was the ability to reproduce these works manually by scribes and artisans combined with literacy in the ancient world being a comparative rarity.

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Et Tu Pennslyvania?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised when I read of certain states trying to “cleanse” the voting rolls under the guise of voter fraud.  However, I was saddened to read that the State of Pennsylvania was joining the growing list of so-called Red and some not so Red states that are taking steps to disenfranchise voters prior to the November National elections.  The State of Pennsylvania is poised to possibly disenfranchise almost 10 percent of its voting population.  “Pennsylvania’s new voter ID law, which will take effect for the first time this November, may prevent 758,939 otherwise eligible voters, who do not currently have an acceptable ID, from voting.” Think Progress Continue reading “Et Tu Pennslyvania?”

Muslims in Pakistan Raid Police Station, Beat Mentally Ill Man To Death, And Burn His Body For Blasphemy

Bahawalpur Pakistan was the scene of a horrific crime after thousands of Muslims were told by religious leaders to raid a police station and punish a man accused of ripping pages out of a Koran. The mentally ill man was accused of blasphemy, but never saw a courtroom. The mob pulled him from the police station, beat him to death and then set his body on fire.

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Chief Justice John Roberts Opposes Court Expansion Proposal: A Response

Despite our recent appearance as co-commentators last week, Chief Justice John Roberts has spoken against my proposal to expand the Supreme Court to 19 members. According to the Washington Post, Roberts said that he opposed the proposal and added “Well, I suppose it depends on who gets to pick them.” For prior columns on my proposal, click here, here and here and here. (See also Unpacking the Court: The Case for the Expansion of the United States Supreme Court in the Twenty-First Century.” 33 Perspectives on Political Science, no. 3, p. 155 (June 22, 2004)).

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Writer Loses Literary Award After Arab League Discovers That He Attended Conference In Israel

Algerian writer Boualem Sansal have been stripped of his literary prize of 15,000 euros after the Arab sponsors of the award learned that he had visited Israel. Originally, the Editions Gallimard Arabic Novel prize was withdrawn entirely, but under pressure Sansal was given the prestigious French literary award but not the cash. The incident has tarnished the image of the award and undermined its commitment to artistic expression.

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Supreme Court Strikes Down The Stolen Valor Act

In an important win for free speech, the Supreme Court affirmed the Ninth Circuit in striking down the Stolen Valor Act — legislation that I have previously criticized (here and here) as a threat to the first amendment. The nice thing is that it was not particularly close and Chief Justice Roberts again broke with his more conservative colleagues. In United States v. Alvarez, No. 11-210, the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. Ironically, Alvarez now has something to brag about but no one will believe him.

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