freedom of speech

Freedom Of Speech


POST 1105

From the First Amendment:

“Congress shall make no law  .  .  .  abridging freedom of speech  .  .  .”

To be clear, that has nothing to do with whether the owners of social media sites or newspapers can keep us from speaking on their platforms. They can. That has everything to do with whether the government can muzzle us, keeping us from speaking truth to power. It can’t.

So, Trump can bray his idiocies and judgements, like claiming that Biden is the worst president in history. The government can do nothing to stop that. But he is still subject to the laws regarding defamation, a concept that even his massively expensive losses to E. Jean Carroll don’t seem to have gotten through to him. Just think about all the people he’s defamed and who could file actions against him, like his lies about Haitians eating dogs, cats and geese and his various claims about sexual improprieties, like those aimed at Kamala Harris and other successful women. Those are abhorrent, but it would be far worse if he or any of us were prohibited from speaking truth to power.

From Professor Timothy Snyder’s post of September 19, following his meeting with Volodymyr Zelens’kyi:

The notion of “free speech” has become very inflated, used all too often just to mean the right to offend someone or cause disruption by knowingly telling lies, often from a place of power and wealth.The reason why we care about freedom of speech, though, is that we want to protect the dignity of the individual and protect the individual from the powers that be.  Freedom of speech is protected so that we can speak our truths to power, not so that power can force its lies on us.  It must be a right, in other words, because truth is risky.

  • – Prof. Timothy Snyder
  • Satire of the Week

Link through to Andy Borowitz’s explainer,

Trump Says He Will Be Too Senile to Debate in Late October
.

You will instantly understand everything and you’ll thank your lucky stars for the free speech that gives Borowitz the right to speak his satire about a would-be dictator.

Many thanks to JN for directing me to Borowitz’s piece.

Melania

In 2018 First Lady Melania Trump visited a detention center for children who had been ripped from their parents’ arms by Melania’s husband. She wore a trench coat on which had been written in bold white paint, “I Really Don’t Care. Do U?”

She was about to see infants and children crying in cages and she wore that coat with that message. Most of us were stunned seeing that, but now Melania claims the message was aimed at Ivanka. Right. Sure. Truth be told, I really don’t care about her claim. Do U?

This is the same Melania who, unlike most first ladies for a long time, championed nothing for we common folk. When we did see her it was clear that the only thing that was important to her was to be seen as glamorous.

She is the same Melania who couldn’t be bothered to attend the ceremonies on 9/11. Instead her husband was accompanied at Ground Zero by his new hate monger, 9/11 denier and current bimbo, Laura Loomer. I use that term “bimbo” because it’s his word for Stephanie Ruhle and so many other women. Melania was nowhere to be seen at the ceremonies. I guess she’s right: she really doesn’t care.

So, tell me why we should care about her new book, other than wondering if parts were plagiarized from Michelle Obama, like she did in her speech at the 2016 Republican National Convention. She’s promoting the book now and has the same right of free speech as the rest of us. I won’t be buying a copy, though, because, hey, I don’t care about Melania. Do U?

Quote of the Week

From Jimmy Kimmel:

“Sorry to break your cold little heart, Donald, but I endorsed Kamala Harris for president.”

I like Jimmy Kimmel and heartily approve his endorsement, but he got one thing wrong. Trump doesn’t have a heart.

Okay, that’s just a little fun, but there is a serious issue embedded in all of this. It’s about how we will exercise our freedom of speech, how we will make our voices heard. We must make them heard because, as Professor Snyder cautions us, “truth is risky” and we have to take that risk if we are to keep our freedom of speech.

One of the risks is that if we were to fail to exercise our freedom of speech by telling the truth, we could lose our right of freedom of speech entirely. Some strongman would come along and snuff it out, like a candle going dark – or a democracy going dark.

Look at the countdown timer below and you’ll see that we don’t have much time left to do what we can do, what must be done.

You can write letters to the editor, if you still have a newspaper.

You can post your comments – your speech – to these Disambiguations.

You can connect with a voter call operation – find one at www.JoinTheUnion.us

You can meet some nice people while canvasing for Democratic candidates in swing states.

You can write postcards to voters in swing states.

You can post a yard sign in front of your house.

You can attend rallies and cheer for what you know is right.

You can talk to your neighbor Bubba and ask why he plans to vote for Trump, when Trump would rather see his daughter die than get the help she needs for her rape-caused pregnancy. Okay, maybe that’s too in-his-face.

You can kick in a few bucks to help a Democrat win election in a swing state.

You can vote – and bring some neighbors with you to the polls – see below in RED.

All of these are exercising your freedom of speech, specifically to protect and defend our democracy so that your children and grandchildren will have that same sweet wine. And U care deeply about that.

While you’re deciding which actions you’ll take, watch this post from Steve Schmidt.

Voting and getting out the vote reduce the risk of unwanted presidencies!

.
It’s not the vibes and it’s not the polls: it’s the votes. 
Are you registered to vote? Check it out on any of these websites:
.

https://www.vote.org/am-i-registered-to-vote/

https://www.usa.gov/confirm-voter-registration

https://www.rockthevote.org/how-to-vote/am-i-registered-to-vote/

“Friends do not let friends vote forcon artists.”
  • – Sen. Marco Rubio (R-FL), 2016


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    The Fine Print:

    1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings.
    2. There are lots of smart, well-informed people. Sometimes we agree; sometimes we don’t. Search for others’ views and decide for yourself.
    3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
    4. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.
    5. Book links to Amazon are provided for reference only. Please purchase your books through your local mom & pop bookstore, even if that makes them a few bucks more expensive. That will help to keep them your town or neighborhood vibrant.
    6. Clicking on most pics in these posts will take you to the source information.

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    JA


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Somebody Has To Tell Me . . .


POST 1063

.  .  .  why we are even talking about:

– whether doctors can be criminally prosecuted in Idaho for having made efforts to save the life of a pregnant woman in distress or if they have to wait until death is imminent before proceeding with life saving treatment and by then the woman might never again be able to carry a baby?

– Trump claiming that a president cannot be prosecuted for “official” criminal acts and that a former president cannot be prosecuted unless the House of Representatives has impeached him and the Senate convicted him. Clearly, “Equal justice under law” will no longer have any meaning.*

– that the Supreme Court of the United States has taken this immunity case, this violation of reason, this affront to the Constitution, this kick in the teeth of justice seriously? And they may well grant Trump such god-like power!** Read this excellent explainer.

– whether Texas women can travel to another state for an abortion or whether she can be given consult from others without any of them going to jail? That is to say, why is it necessary to question whether Texans have freedom of speech or freedom to travel? Or Floridians? Or Mississippians?

.  .  .  how it’s even possible that:

– the state of Tennessee has authorized school teachers to carry firearms, when everyone has known for a very long time that the real problem is not unarmed teachers, but over-armed citizens with a vigilante mania or some other mental derangement, like, “I feel like a weenie, and I know I’ll feel powerful if I kill a bunch of people.”

– Fuhrer Greg Abbot of Texas has his police and National Guard in riot gear on the campus of the University of Texas – Austin and they are arresting and are prepared to beat up kids who are in peaceful protest over suffering Palestinians? This looks like it can become like the 1968 police riot in Chicago all over again, with kids beaten, arrested and shot.

– hateful idiots on college campuses across the country are screaming pro-Hamas, anti-Semitic vitriol, hurling threats at and committing physical assaults on Jewish students? Someone taught them to hate. Someone taught them that they could beat up those who are somehow different from them. I wonder who that might be.

– we tolerate the cruelty heaped on Asians, Muslims, Blacks, Browns and Jews? Oh yeah: it’s that “Someone taught them” thing again.

– a large segment of the Republican Party favors Vladimir Putin and Russia over a democratic ally in Europe and even favors Russia over our own country?

– the majority of Republicans (about 70%) believe Trump’s Big Lie about the 2020 election? Didn’t these people receive an education? Do they understand concepts like evidence, reality and the rule of law? How is it that a jury of his peers found Trump liable for sexual abuse and for defamation – twice! – and they still plan to vote for him? And they’ll vote for him even if he is convicted of felonies – crimes – before the election?

– sitting senators (Tom Cotton and Josh Hawley) are calling for National Guard deployment against peaceful protesters? Cotton posted, “I encourage people who get stuck behind the pro-Hamas mobs blocking traffic: take matters into your own hands.”

– that Speaker Mike Johnson bellowed from the steps of Low Memorial Library, “Columbia has allowed these lawless agitators and radicals to take over. Anti-Israel encampments are popping up in universities all across this country. The madness has to stop.” Mother Jones How come today’s Republicans sound an awful lot like hateful, anti-civil rights creeps of the 1960s? Perhaps Johnson and his snarling Buddies On Repression Extremism Society (“BORES”) will bring Iranian Revolutionary Guards to shoot college campus protesters, just like they do in Tehran.

_____________________________________________

* This from Wikipedia:

OLC memoranda

In 1973, amid the Watergate scandal, the Department of Justice‘s Office of Legal Counsel (OLC) issued a memorandum concluding that it is unconstitutional to prosecute a sitting president.[23] Its arguments include that the president “is the symbolic head of the Nation. To wound him by a criminal proceeding is to hamstring the operation of the whole governmental apparatus in both foreign and domestic affairs.”[24] It says that the statute of limitations should not be tolled while the president is in office, but suggests that Congress could extend the statute of limitations specifically for presidents.[25] After the U.S. Supreme Court’s decision in Clinton, the OLC issued a second memorandum in 2000, distinguishing civil and criminal presidential immunity and determining that it was still improper to prosecute a president due to the adverse affect it might have on his ability to govern.[26]

That is the rationale for the recommended prohibition against prosecuting a sitting president – but only while he or she is still president. My understanding is that there is nothing in either memorandum to indicate that there is a prohibition against prosecuting a president for crimes committed while in office once that president has left office.

More to the point, nowhere is it written that a president enjoys permanent protection from prosecution for criminal activity when no longer in office, as when Trump stole classified documents, brought them to Mar-a-Lago and then lied to the FBI and defied a subpoena. But, of course, Trump’s lawyers have claimed just such protection at the Supreme Court.

Required Reading – click here

Blindfolded Lady Justice – for now

.

The Court heard this case with Justice Clarence Thomas present. He did not recuse himself – again – in his obvious temper tantrum ignoring of his conflict of interest, as his wife Ginni participated in the insurrection at the heart of this case.

Someone has to tell me why the Supreme Court accepted this farcical and cruel excuse of a case. These Justices make it look like Lady Justice is peeking out from behind her blindfold, telling them that it’s okay for them to be political hacks and to undermine our justice system.

If you wish to dig into this further, here’s a link to the full OLC memos, along with pertinent commentary.

** If Trump succeeds with his case in the Supreme Court, President Biden could immediately have Trump assassinated by Seal Team 6, claiming him to be a clear and present danger to the United States. If Seal Team 6 were to refuse such an order, Biden could bring a pistol the the first presidential debate and kill Trump himself. Either way, Biden could never be prosecuted for the murder because the Supreme Court would have made it legal to be a presidential murderer.

Today is a good day to be the light

  • _____________________________
  • Our governance and electoral corruption and dysfunction and our ongoing mass murders are all of a piece, all the same problem with the same solution:
  • Fire the bastards!
  • The days are dwindling for us to take action. Get up! Do something to make things better.


  • Did someone forward this post to you? Welcome! Please subscribe – use the simple form above on the right. And pass this along to three others, encouraging them to subscribe, too. (IT’S A FREEBIE!) It’s going to take ALL OF US to get the job done.

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    Thanks!

    The Fine Print:

    1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings.
    2. There are lots of smart, well-informed people. Sometimes we agree; sometimes we don’t. Search for others’ views and decide for yourself.
    3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
    4. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.
    5. Book links to Amazon are provided for reference only. Please purchase your books through your local mom & pop bookstore. Keep them and your town or neighborhood vibrant.

    Click me

    JA


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

From the Way-Back Machine


Cliven Bundy is a rancher in Nevada who rented grazing land for his cattle from the Federal Bureau of Land Management. By 2014 he had failed to pay his grazing fees for over two decades and owed over $1 million.

He claimed that his refusal to honor his agreement was because of federal government overreach – he’s a state and local government sort of fellow. In addition, he aligns with “the sovereign citizen movement (which holds that people are answerable only to their particular interpretation of the common law and are not subject to any government statutes or proceedings).” That must be a very self-satisfying worldview.

Following years of invoicing, cajoling and threatening Bundy to get him to pay his bill, all to no effect, people at the BLM had had enough of his deadbeat act and sought to collect up close and personal. That led to Bundy’s armed standoff against state and federal government personnel. Bundy and hundreds of supporters brought their full-chested puffery, their assault rifles and their children to be used as shields. I guess that’s what real men do.

President Obama, a thoughtful man, sought a non-violent solution to the standoff, not wanting a repeat of the debacles at Waco and Ruby Ridge. Government troops backed off and two years later Bundy was arrested by the FBI at the Portland International Airport. He had been on his way to support the standoff at the Malheur National Wildlife Refuge in Oregon. That was another middle finger demonstration against the federal government, this one led by Bundy’s son, Aamon. Unfortunately, Bundy’s court adventure for his freeloader fiasco ended in a mistrial and he was not re-tried.

The point of detailing this sad episode of “You can’t tell me what to do” is that there was no accountability for Bundy for his wrongdoing. Other than having to defend himself in court, Bundy paid no price for flaunting our laws. That is arguably a brick in the foundation underpinning the violence, lawlessness and profoundly anti-Constitutional beliefs and actions challenging law and order in this country right now.

For example, given Bundy’s having gotten away with his highly rationalized lawlessness, why wouldn’t Stewart Rhodes, leader of the treasonous Oath Keepers, imagine that he could get away with seditious conspiracy, obstructing an official proceeding and more? His self-certainties about his imagined patriotism were right in line with Bundy’s.

With our national bent for conflict avoidance, we had unintentionally told Rhodes and everyone like him that they could do as they pleased. We gave that same clear message to the thousands who showed up on January 6 to attack and deface our symbol of democracy and to overthrow our government – the government We The People elected.

Our national lack of accountability didn’t start with Bundy. Reagan got away with his Iran-Contra lawbreaking. Ford pardoned Nixon for the entire line up of his crimes against the Constitution. George W. Bush lied us into two wars, where tens of thousands died and he paid no price. Our message of impunity for committing crimes has encouraged wrongdoing for a very long time.

And that is why it’s imperative that the Department of Justice nails every one of the January 6 perps, especially those at the top. It’s critical that we demonstrate that our words and our laws mean something.

We need the insurrectionists, the seditionists, to experience the consequences of their actions. We need them to understand down to their bones and at the price of their freedom that our words and our laws mean something.

So, cheer for DOJ Special Counsel Jack Smith, Fulton County District Attorney Fani T. Willis, New York County District Attorney Alvin Bragg and New York Attorney General Letitia James. We’re counting on them to drive an immovable stake into the sand. The Stewart Rhodes conviction is a really good start.

Time to take a stand, America. Here’s why.

Trump calls for the overthrow – the subversion – of our Constitution. The fantastic thing is that no Republicans are speaking out against this traitorous man.

Just In Time

The case is from North Carolina: Moore v. Harper. It will be heard by the Supreme Court this Wednesday. You can join Common Cause-Ohio’s listening party for oral arguments at 8:45- 10:15 AM CST this Wednesday, December 7, or listen on the Supreme Court web site. Look for a fuller description of what’s at stake – free and fair elections by We The People – in my post this Wednesday morning.

Link Of The Week

‘Tis the season and there really is a war on Christmas. I know you want to be on the right side in this fight, so read John Pavlovitz’s insightful explainer here.

  • ————————————

Our governance and electoral corruption and dysfunction and our ongoing mass murders are all of a piece, all the same problem with the same solution:

Fire the bastards!

The days are dwindling for us to take action. Get up! Do something to make things better.

Did someone forward this post to you? Welcome! Please subscribe – use the simple form above on the right. And pass this along to three others, encouraging them to subscribe, too. (IT’S A FREEBIE!) It’s going to take a lot of us to get the job done.

And add your comments below to help us all to be better informed.

Thanks!

The Fine Print:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
  2. There are lots of smart, well-informed people. Sometimes we agree; sometimes we don’t. Search for others’ views and decide for yourself.
  3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
  4. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.
  5. Book links to Amazon are provided for reference only. Please purchase your books through your local mom & pop bookstore. Keep them and your town or neighborhood vibrant.

JA


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Freedom


Freedom – n. the power or right to act, speak, or think as one wants without hindrance or restraint; the power of self-determination attributed to the will – Apple Dictionary, v 2.3.

————————-

Freedom of Speech

I’m an American living in America and the First Amendment says,

                                                   Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [emphasis mine]

That’s it. Couldn’t be plainer. It’s expressed in absolute terms. That means that I can say what I want to say, when I want to say it, to whom I want to say it and in any way I want to say it and no government can stop me, muzzle me or inhibit me from saying what I want. That’s what it says, right?

Well, it looks that way, but because we live in this society together, this amendment isn’t absolute. Neither are the rest of them. We’ve decided that there must be exceptions for our mutual safety and for other reasons.

For the past 10 months there’s been discussion about incitement to riot. That’s an example of a restriction on freedom of speech being necessary to protect people and property from being harmed, in this example, by a mob, as happened on January 6, 2021.

Speeches were delivered to thousands at the Ellipse on January 6  by John Eastman, author of the infamous insurrection memo, Rudy Giuliani, Rep. Mo Brooks (R-AL), the disgraced, twice-impeached former President of the United States and more. Following those fiery speeches the mob injured people, killed people and desecrated the Capitol Building, inflicting enormous damage.

Those speeches, that incitement happened, even though any reasonable person would know that such speech would likely incite the mob to cause harm to others. There is a law against that and it’s possible that charges of incitement to riot may be filed against these speakers for their dangerous, unlawful exercise of actually-not-free speech.

Rep. Paul Gosar (R-AZ) is a White nationalist, neo-Nazi loving, Holocaust denial congressman who is so unhinged that several of his siblings have been outspoken critics of him and have urged voters to vote against him. His tweeted anime of him killing Rep. Alexandria Ocaso-Cortez (D-NY) and attacking President Biden with swords at last got him censured in the House and he was stripped of his committee assignments. That’s because he doesn’t have freedom to incite others to violence.

There is a strong sentiment to expel him from Congress. After all, “sharing an image of yourself killing a colleague would get you fired from virtually any job.” But this got worse. Right after being censured, Gosar delivered a clear statement of his lack of contrition by re-tweeting that dreadful, hateful, murderous anime. This guy isn’t just bad news; he’s dangerous, unrepentant bad news.

As bad, House Minority Leader Kevin McCarthy (R-CA) announced that if the Republicans regain control of the House following the 2022 elections, that he as Speaker will reinstate Gosar to his committee assignments. Sadly, I’m not surprised, as McCarthy has yet again tacitly endorsed violence.

207 Republicans voted against censure. Effectively, they were saying that threatening colleagues with violent death is okay with them. That’s our national leadership sending exactly the wrong message to our country in these perilous times. They are telling already angry people that committing violence is an okay remedy for whatever their dissatisfaction might be.

There is a lot of violent speech happening now. It’s coming from the mouths of hateful, dishonest cable blabbers. Ordinary citizens are calling for violence, a civil war and murdering Democrats. I don’t know if there are limitations on speech for all of that, but again, a reasonable person would know that such speech is likely to cause harm to others, just like yelling “FIRE!” in a crowded theater that isn’t on fire.

All of this makes me worry whether our few sensible limitations on freedom of speech have or will become completely ignored, allowing some to incite to violence those who would do us and our democracy harm, like braying the Big Lie to upend our democracy. That incitement is already happening.

Non-White Freedom

That’s an oxymoron.

Just ask Ahmaud Arbery. Or Freddie Gray. Or Trayvon Martin. Or Jacob Blake. Or George Floyd. Or .  .  .  oh, wait. You can’t ask them because they were all unarmed, doing nothing wrong and they were murdered.

Still looking for that “liberty and justice for all” thing. The 400-year-long search continues.

The Courts and Freedom

Here’s another take on freedom in a piece by Linda Greenhouse, What Happens When a Court Goes Rogue? Answer: Freedom gets pummeled into something insubstantial and we are left at risk of very bad things happening.

For that you can thank Mitch McConnell, who blocked hundreds of federal court appointments for the entire eight years Obama was president. That left hundreds of judicial benches vacant that Trump then filled, all without any oversight, putting extremists, cranks and incompetents into positions to decide our most important and sensitive issues.

Both the United States Court of Appeals for the Fifth Circuit and the Supreme Court are making judicial decisions that are unworthy of our Constitution and unworthy of us and which are removing one freedom after another from We The People. Their decisions will stick if we allow such behavior to continue, because,

The behavior you tolerate is the behavior you get.

People Need To Be Free

The Latin Grammy Awards were awarded on November 18 in Las Vegas and it was quite the spectacle. Most notable were the awards for the best song of the year and the best urban song. Both of those awards went to the artists of one piece: Patria Y Vida – “Homeland and Life.” It is a collaboration done by Cuban musicians in exile and is a protest against the repressive Cuban regime. It is in support of the freedom protests going on right now on streets all over that island.

In all the years of human existence there has never been a people who didn’t want to be free. That stands in stark opposition to the ever-present power mongers who seek to limit the freedom of others and dominate them. But the people will not tolerate that domination and the repression of their lives forever. That’s what is behind the protests in Havana and Tehran and Hong Kong and Ferguson and Kenosha and St. Paul and Portland and elsewhere. People want to be free. People need to be free.

Here’s part of what one of the music collaborators had to say in accepting the awards:

“And to my mother who told me, son, have courage to do what my generation couldn’t.

“But mommy, it is you who has courage to allow your kids to fulfill their dreams. I dedicate this Grammy to all the Latina mothers in the world who fight for the dreams of their children. To a free Cuba!”

It falls to all we moms and dads to fight for the dreams of our children, to fight against those who would use violence to suppress us, those who would lie and cheat and steal our freedom away from us so that their little minority can dominate and suppress us.

Right now they are stealing our power of representation through gerrymandering and stealing our voices from the ballot boxes. And they will win unless we who love freedom stand and fight the good fight, because the thieves are cunning and brutal and determined.

That’s why this fight is never over. Enlist now.

————————————

The days are dwindling for us to take action. Get up! Do something to make things better.

Did someone forward this to you? Welcome! Please subscribe – use the simple form above on the right. And pass this along to three others, encouraging them to subscribe, too. (IT’S A FREEBIE!)

And add your comments below to help us all to be better informed.

Thanks!

The Fine Print:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
  2. There are lots of smart, well-informed people. Sometimes we agree; sometimes we don’t. Search for others’ views and decide for yourself.
  3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
  4. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.
  5. Book links to Amazon are provided for reference only. Please purchase your books through your local mom & pop bookstore. Keep them and your town vibrant.

JA


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

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