Showing posts with label freedom of expression. Show all posts
Showing posts with label freedom of expression. Show all posts

Monday, August 12, 2019

VERY Troubling...



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THIS poll seems to show why demographics are vital in determining a nation's character. America has a European language, culture, set of laws...even its Constitution was written by and derived from English Common Law...for now.

This poll, IF accurate, seems to indicate that different groups feel differently about such fundamentally American principles as Freedom of Expression.

The entire purpose of the 1st Amendment is to SPECIFICALLY PROTECT controversial, offensive, even incendiary speech, contrary to what folks like Joy Behar appear to think (https://m.washingtontimes.com/…/joy-behar-on-trump-why-ca…/…)

In the U.S. "racist," "sexist," speech, as well as holocaust denial, even flat earth views are THANKFULLY protected speech.

WHY?

No idea is inherently dangerous...NOT even Marxism/Collectivism.

The antidote to "wrong,", or "mean-spirited" speech is "right," or more "kindly speech."

Personally, I HOPE this poll is incorrect. The wording of the poll, like most polls, can be seen as misleading. At the least it IS, in fact what can be termed "leading."

A more neutral question would be, "Do you believe all views are worthy of protection?"

It's impossible to know whether the results would differ, but they might.

Better still, adding income level would give more information. Do poorer people feel differently about freedom of expression? Do more well off people? After all, many successful Hollywood folks have expressed support for speech restrictions.

STILL, the poll below seems to indicate an ominous trend for America's foundation of Civil Liberties, especially since many in our media today, seem to have soured on the 1st Amendment, at least in their support for "hate speech" laws, etc. Joy Behar is simply one among many such voices.

It IS a fact that England, Germany and other European countries have laws that ban certain views - Holocaust denial, speech considered "Islamaphobic," etc.

Without question, there are political groups, like the Justice Democrats, who want to see America radically transformed and polls like this one only serve to bolster that view.
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Saturday, November 19, 2016

Freedom of SPEECH...YES, it Remains More Vital Than Ever...


Image result for Lincoln Restler and family
Lincoln Restler's Family




A "Senior aide" To Mayor Bill DeBlasio (Lincoln Restler) is under fire for an offensive tweet...a photo of his parents and sister holding signs...his sister's especially racist and egregious. (http://www.dailymail.co.uk/news/article-3944548/Senior-Bill-Blasio-aide-fire-posting-photo-smiling-sister-pro-immigration-rally-holding-f-whiteness-sign.html)

Still, calls for him to be punished, even fired are troubling to me.

Mr. Restler has every right to his opinions. Those who don't like them, shouldn't vote for this administration down the road, BUT our 1st Amendment exists SPECIFICALLY to defend/protect unpopular, controversial, even hateful ideas and speech. No other ones need such protection.

Lincoln Restler first deleted that tweet, then took his Twitter Acct down, but in reality that photo resonates extremely negatively with anyone opposed to racial bigotry and small-mindedness.

In short, that photo has done more to help any future DeBlasio foe than it did to galvanize it's intended anti-white racist base.

Regardless, I support the 1st Amendment, and so, I support it for ALL. No ideas are "off limits." The Communist should no more be sanctioned then the Nazi, the white supremacist no more sanctioned than the black supremacist.

THAT'S what "supporting the 1st Amendment" really means.
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Monday, May 11, 2015

Chris Cuomo and the Widespread Misunderstanding of Freedom of Expression


Image result for chris cuomo young
CNN's Chris Cuomo





Everyone makes mistakes....and if you talk for a living you'll undoubtedly "misspeak" from time to time.

CNN's Chris Cuomo (the SAME CNN host who once described one of the French “Charlie Hebdo terrorists” as “African-American”), however attended Law School AND makes his living as a TV Commentator, so you'd expect him to have at least a cursory understanding AND a broad support for the 1st Amendment...BUT apparently that's NOT the case, at least not for those who disagree with the views of Chris Cuomo.

In the wake of the unprovoked jihadist attack in Garland, Texas, Chris Cuomo tweeted out, “Read the 1st Amendment, hate speech is excluded from protection.”

Funny story, the 1st Amendment DOES NOT mention “hate speech,” moreover, “hate speech,” insulting speech and deliberately offensive speech are ALL protected by that 1st Amendment.

Worse yet, his petulant “clarification” actually amplified his error; For last time (today), I didn't mean the language of 1A, I meant the case law. And hate speech has been protected except for fighting words.

FIRST, that’s NOT a retraction, which is required in this case, because what he initially said was unfounded and in error. SECOND, “fighting words” and “hate speech” are two different things, actually “fighting words” can be considered a very small and narrowly defined sub-strata of “hate speech.”

In 1949 the Supreme Court created the “hate speech doctrine” with the Chaplinsky v. New Hampshire decision, when it ruled;
“There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting words" those that by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.

That very doctrine is incredibly flawed. We DO NOT outlaw insulting speech, or "obscene," or "lewd" speech...those leave far too much to interpretation. The majority of Americans (I believe something like 82% of Americans oppose race/gender-based preferences) are "insulted" by pro-preference speech.

But even THAT doctrine is far from settled, as the ACLU, among other organizations have consistently fought against it. Back in 2007, the ACLU filed a “Friend of the Court” brief on behalf of an Oregon man (William Charles Johnson) who’d been charged under Oregon’s “fighting words” statutes for using his truck’s PA system to shout anti-gay slurs at two women who’d cut him off in their car.

Apparently Chris Cuomo hasn’t kept up with the case law on that very controversial doctrine. It appears we’re all going to get a lesson in how illegal criminalizing political and disagreeable speech really is, as the Wisconsin “John Doe Investigations” into Governor Scott Walker’s relationship with the Club for Growth and other “Right-wing” groups is not only going to be shot down, there will apparently be some very strong and negative repercussions for those who brought those investigations...and their SHOULD BE.

What’s more troubling is the hideous optic that all this media cravenness creates. Chris Cuomo and company expressed little, if any outrage over Andres Seranno’s “Piss Christ,” and Cuomo is allegedly a Roman Catholic. In fact, CNN, like the rest of America’s national media seemed to celebrate Serrano’s work.

Given that, Chris Cuomo and his ilk’s reticence at offending jihadist Muslims appears to be entirely motivated by little more than abject cowardice, otherwise they’d have exhibited a clear-cut consistency on the subject of offending religious observers.

The fact that Cuomo and others reflexively offered no sympathy for the intended victim of this very effectively thwarted terror attack is even more troubling, as that too smacks of a deep and abiding moral cowardice.

The fact that Cuomo and many of his national media brethren continue to assail Pam Geller as an “anti-Muslim bigot,” is also quizzical, considering that Ms. Geller has made abundantly clear that her ONLY opposition is to “jihadist Muslims.” Jihadist Muslims are those devoted to imposing Sharia Law (“political Islam”) on the rest of the world. THAT is NOT an opposition to or bigotry toward Islam (the religion), it is an opposition to a nefarious political ideology that stemmed from a perversion of that religion, called “Jihadism” or “political Islam.”

So, is Cuomo and his ilk so utterly ignorant on that issue, or is it that they actually sympathize with its anti-American and anti-Western agenda?

It would appear that it’s the former, as he seems blissfully unaware of the FACT that many Arab-Muslims stand with pam Geller’s anti-Sharia, anti-Jihadist movement, including Ayaan Hirsi Ali (a Somali-born American activist, writer, and politician. She is known for her views critical of female genital mutilation, political Islam and supportive of women's rights), Irshad Manji (a Canadian author, educator at New York University, and advocate of a "reformist" interpretation of Islam) and Brigitte Gabriel (an American author and activist who teaches that political Islam keeps countries backward, and that it teaches terrorism.

Given that, WHY are Chris Cuomo and others who are so obviously ignorant and misinformed on the issue commenting on it for a living?

Yeah, I know, he comments on 1st Amendment law, apparently without knowing much about that, either.


Kind of goes to the sad state of America’s media, doesn’t it?

Sunday, May 10, 2015

The Garland Texas Incident Shows How Very LITTLE Many Americans Understand About Freedom of Expression


Image result for Pam Geller
Pam Geller





In the immediate wake of the shooting deaths of two jihadists outside a garland, Texas “Draw a Picture of Mohammad” contest, the most striking thing was the outpouring of ignorance over what IS, and what IS NOT “free speech.” (See the comments section here; http://www.mediaite.com/tv/pamela-geller-battles-cnns-camerota-over-garland-shooting-why-is-media-targeting-us/#comment-2002300335)

In fact, the 1st Amendment was written SOLELY to protect controversial, offensive, bigoted, rebellious speech. Pablum (agreeable speech) NEEDS no such protections.

YES, Pamela Geller’s contest was covered under the 1st Amendment.

NO, it was NOT “baiting,” nor was it “reckless” (“crying fire in a crowded movie theater”) speech, nor even “hate speech,” which are also, by the way, protected by the 1st Amendment.

To the charge that Ms. Geller “baited Muslim extremists”; SO WHAT?!

No more than Andres Serrano “baited” Christians with his art work “Piss Christ.

BOTH are protected under the 1st Amendment.

It’s the SAME with ALL opinions and views. The ONLY reason pro-gay speech is permitted, is because the SAME Amendment that protects anti-gay speech exists.

Opinions are never “right,” or “wrong,” and because of that basic truth, ALL opinions must be protected.

Religious views are merely “opinions”...ALL of them.

Now, it can be argued that views like “Lowered standards in the Military and in the Emergency Services reduces the quality of the workforce and results in a variety of public safety problems,” that are backed up by facts, are NOT mere “opinions,” BUT those who disagree ARE still permitted to voice their own opinions on the matter.

Sadly, the outpouring of ignorance was NOT limited to some commenters on various websites. CNN directly challenged Ms. Geller’s speech as “overly provocative,” and FNC’s Bill O’Reilly and Greta Van Susteren did the very same thing.

THAT’S a problem!


When so many media “talking heads” show how little THEY understand the essence of FREE EXPRESSION, it’s little wonder why so many “fans” are...a might confused.

Monday, May 19, 2014

The Perils and the Virtues of Free Speech



Donald Sterling with V. Stiviano




Kathleen Parker recently courted ridicule with the 1st Amendment-bashing comment, “Speaking one’s mind isn’t really all it’s cracked up to be...” A comment made more farcical as Ms. Parker makes her living “speaking her mind.”

Yes, like many of us, she meant that “the other person’s” right to speak his/her mind should be curtailed, net hers/ours.

Her comments were made, of course, over the recent Donald Sterling controversy, in which an apparently jealous, and definitely goofy old man said some very regrettable things...and the mob immediately demanded Sterling be crucified.

Troublingly enough, what the Donald Sterling episode proves is that most Americans seem neither to support, nor even understand the 1st Amendment’s free speech provisions. Most also seem not to support, nor fully understand the privacy provisions of the 4th Amendment either, but that’s another issue altogether and one in which technology is far outpacing our ability to defend what once was thought of as “basic privacy.” Again, that’s another issue.

As far as “free speech” goes, ironically enough, it’s ONLY offensive, ugly, controversial, inflammatory and unpopular speech that NEEDS such protections, so the 1st Amendment, like it, or not was written precisely to protect the kind of speech Donald Sterling, the Nation of Islam, the KKK, the Five Percenters and the neo-Nazis all engage in - hateful, offensive and inflammatory speech.

What “crime” did Donald Sterling commit?

Aside from the crime of being “bad for business,” which the NBA has every right to remove him from that economic cooperative for, he actually committed no actual crime at all.

Moreover, it’s more likely than not that Donald Sterling ISN’T even the worst person involved in that mess. While Donald Sterling seems to be a “dirty old man,” as well as an all-around “bad guy,” the “love interest” in all this, the coquettish V. Stiviano is a cold-blooded predator. The “rich old man/beautiful young woman” exchange is very much like the standard illicit drug sale – without the buyer, in this case, the “dirty old man,” there could be no “pusher,” in this case the attractive young woman willing to sell her affections. BUT V. Stiviano appears to be far, FAR worse than a mere “pusher,” or prostitute, she appears to have been an adept blackmailer who had already shaken down a rich old man Sterling for a Ferrari, TWO Bentleys and a $1.4 MILLION Condo (http://www.dailymail.co.uk/news/article-2614216/A-Ferrari-TWO-Bentleys-1-4MILLION-apartment-Race-row-NBA-owner-Donald-Sterlings-lavish-gifts-girlfriend-argued-racist-recording-revealed-wife-50-years-lawsuit.html), prompting a lawsuit from Shelly Sterling - “the wife.” Subsequently, in an apparent fit of anger, Ms. Stiviano apparently made good on a “blackmail threat.” So, Donald Sterling was probably right when he recently told Anderson Cooper that he “should’ve just paid her off.”

In fact, Ms. Stiviano’s greed embarrassed organizations like the NAACP (which had given Sterling numerous awards), cost others their jobs and livelihoods (L.A. NAACP head Leon Jenkins was forced to resign in the wake of the scandal)...and YET, in the eyes of many misguided Americans, Ms. Stiviano is seen, if not as a heroine, at least as a benign character, rather than the abhorrent predator she really is!

Now that says a LOT about the state of Donald Sterling’s sub-par judgment, but it STILL does not make bigotry, or offensive speech a crime. In FACT, the only potential felony here is Ms. Stiviano’s apparent illegal recording of those private conversations (California DOES NOT allow for “one party consent” to record) and selling them to TMZ.

If such speech were criminal, then Jay-Z (Shawn Carter), a former minority partner in the Brooklyn Nets would’ve been likewise crucified for his own behavior, which was even more despicable than Sterling’s. Jay-Z attended a Nets game wearing a “Five Percenters medallion” (the Five Percenters are a radical offshoot of the hate group known as “the Nation of Islam”) who teach that “blacks are gods and whites are devils,” AND for hosting a party in February 2010 at the Merah club in central London, in which whites were banned from attending. (http://www.thepcmdgazette.com/news/black-nba-owner-holds-blacks-only-parties-no-whites-allowed-nba-silent/  & http://www.thepcmdgazette.com/news/jay-z-wears-islamic-medallion-symbolizing-all-whites-are-wicked-and-weak/).

Again, ONLY vile, offensive, controversial and inflammatory speech...the kind most people find uncomfortable NEEDS the protection of the 1st Amendment.

While I personally revile the black supremacist ideology of the Five Percenters and the NOI, the 1st Amendment legally protects such speech, at least from government censure and arrest. YES, such speech can get you fired by companies and organizations that can’t be associated with such speech. They have that right as private entities. And it CAN subject you to public ridicule, but the 1st Amendment bars government from punishing those who engage in such speech.

Is Donald Sterling a “bad guy”? Of that, I have little question. He’s a lifelong “progressive” after all. BUT should he be destroyed for a few ill-conceived private utterances? ONLY if that’s going to become our “new normal.”
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