Human Rights Media Announces Petition Against Reddit.com for Unfair Trampling of Free Speech and Opinion – Hood River News

PORTLAND, Ore., July 31, 2020 /PRNewswire/ -- A Change.org petition has been created to demand transparency and the protection of free speech on the popular social-media website Reddit.com.

Reddit has made efforts to clean up its online communities by banning subreddits that were considered hateful in nature. In June, about 2000 subreddits were taken down, from popular ones like the Trump-supporting /r/The_Donald, to the pro-LGBT community /r/RightwingLGBT.

But a closer look at what they decided to ban shows significant inconsistencies and subjectivity in how the company enforced the rules. And with many communities banned without explanation, rule-abiding users are left in the dark. Will they be allowed to speak freely? Or will they be the next to be banned?

Prior to a recent edit due to community uproar, one example of Reddit's lack of clarity was its rule on protecting minority groups. One user highlighted this rule back in the post titled "Update to our Content Policy." It stated, "the rule does not protect groups of people who are in the majority or who promote such attacks of hate." The user then asked "So can we be racist towards black people in a black-majority country, and racist to white people in a white-majority country?" This inconsistency is a simple example of how Reddit's rules and values were not thought through, and were problematic at best.

If a subreddit faces a ban, Reddit offers an appeals process to find out more information. But in reality, these requests don't reach the right people, and efforts to elevate and raise these issues are often ignored.

With Reddit enforcing its rules in such an opaque way, the site has drifted away from values of free speech to a tyrannical rule of law. This sets a dangerous precedent for the future of the site: no longer is it a place where one can speak freely. Rather, the site is governed by its vague rules and by the ideologies and political leanings of those in charge.

To protect the future of Reddit.com, the Change.org petition calls for the site and its users to do better. To create an online community that is inclusive and welcoming, Reddit must require transparency in all decisions regarding banning, suspension, and content removal, and open communication without repercussion between users and moderators.

Read through and sign the petition here: https://www.change.org/p/reddit-demand-transparency-and-protection-of-free-speech-from-reddit

ABOUT THE HUMAN RIGHTS MEDIA:Human Rights Media is a nonprofit news organization dedicated to covering the human rights issues of the past, present, and future. For more information, please visit https://humanrightsmedia.org.

Jesse MoorePhone: 503-470-7924Email address: 244540@email4pr.com

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Human Rights Media Announces Petition Against Reddit.com for Unfair Trampling of Free Speech and Opinion - Hood River News

Pompeos surreal speech on China – Brookings Institution

Secretary of State Mike Pompeo gave one of the most surreal speeches of the Donald Trump presidency at the Richard Nixon Presidential Library and Museum in Yorba Linda, California, on Thursday. In his speech, titled Communist China and the Free Worlds Future, he declared the failure of 50 years of engagement with China and called for free societies to stand up to Beijing.

I am sympathetic to the argument. I wrote abookin 2017 about how Western hopes that China would converge with the liberal international order have failed. I haveargued for almost two years that when Trump leaves office, the United States should put the free world at the center of its foreign policy.

Unfortunately, Pompeo, like his targets in Beijing, is engaged in doublespeak whereby he offers win-win outcomes, but his words are at odds with his actions. He says the U.S. will organize the free world, while alienating and undermining the free world; he extols democracy, while aiding and abetting its destruction at home; and he praises the Chinese people, while generalizing about the ill intent of Chinese students who want to come to America.

Pompeo is also ultra-loyal to a president who cares not one whit for democracy, dissidents, freedom, or transparency overseas. Trumps long track record on this is well documented, and it has defined his personal approach to China.

On June 18, 2019, Trumpspokewith Chinese President Xi Jinping by phone and told him he would not condemn a crackdown in Hong Kong. On August 1, Trumptold the press that the unrest in Hong Kong was between Hong Kong and China because Hong Kong is a part of China. Theyll have to deal with that themselves. They dont need advice.

In his book, the former national security adviser John Bolton wrote that on two separate occasions, TrumptoldXi that he should go ahead with building the [concentration] camps in Xijiang, which Trump thought was exactly the right thing to do. Pompeo said nothing about these revelations, although hecalled Bolton a traitor.

And in January and February of this year, Trump infamously praised Xis response to the COVID-19 pandemic, even though the World Health Organization wasprivately alarmed by Beijings actions and its lack of transparency (it praised China publicly in the hopes of coaxing it into cooperation). The Trump administration would have known this and could have built a coalition to increase pressure on China, but instead it ignored the behavior.

For three and a half years, senior members of the administration have tried to downplay Trumps words as if they dont make policy. But they do, especially if consistently expressed. His serial dismissal of the values of the free world has a real impact. Pompeo has some nerve to now claim that what is upside down is right side up.

An ideological struggle is underway between China and free societies, but Trump is on the wrong side. The Chinese Communist Party wants a tributary international system where smaller countries are deferential to larger powers, instead of a rules-based international order where small countries enjoy equal rights. The CCP also sees no place for universal rights or global liberal norms, and wants to ignore the principles of open markets to pursue a predatory mercantilist economic policy. So does Trump. Indeed, Trump never speaks in terms of a competition of systems between democracy and authoritarianism. He rarely criticizes authoritarian governments on their human-rights records. He has done little to press China to free the Canadian hostages. He and Pompeo sought to rehabilitate Crown Prince Mohammed Bin Salman of Saudi Arabia after the brutal murder of the journalist Jamal Khashoggi. He has embraced the Hungarian autocrat Viktor Orbn as he shredded his countrys democratic institutions. The only countries that need to fear a reprimand from Trump on human rights are those led by left-wing Latin American authoritarianseveryone else gets a pass.

Meanwhile, Trump and Pompeo have turned social distancing into a diplomatic doctrine. The subject of Russian election interference has never featured on the agenda of NATO summits. Officials told me they wanted to but worried that Trump would walk out in protest. The administration repeatedly rejected requests from Europe to work together on China until a few weeks ago. The Trump administration also sees its traditional allies countries that belong in the free world as economic competitors. If other countries economies are doing badly, the U.S. looks better, or so they think. With that type of mindset, there is no incentive to think deeply about how to tackle our shared challenges.

Even discussing the ideological component of the U.S.-China rivalry is a delicate matter. I have lost count of the number of times European diplomats have told me they want to work with the U.S. on China but get nervous and reluctant whenever ideology is broached.

In his speech, Pompeo painted a picture of a Chinese leader driven by Marxism-Leninism and executing a plan to fulfill his decades-long desire for global hegemony of Chinese communism. Ideology is at play in the U.S.-China rivalry, but in a much more complicated and nuanced way than Pompeo suggests. The U.S. and China both offer different social and governance models one is generally free and open and the other is authoritarian and closed. Each threatens the other, not necessarily because of the foreign-policy choices the leaders make, but because of what the governments are at their core. Beijing believes that the freedom of the press, the internet, social media, NGOs, economic interdependence, and exchange programs all have the potential to undermine their regime. They are not wrong. Indeed, many Americans saw this as a positive side effect of engagement.

Many Americans rightly understand that Chinas authoritarian model has negative externalities that threaten U.S. interests and freedoms. Tools of repression domestically find their way overseas. Beijing seeks to censor all criticism of its regime by coercing other governments, companies, and individuals. It sucks up data on foreign citizens. It employs mercantilist techniques to pursue dominance of new technologies. China is actively seeking to eviscerate liberal norms around human rights, anti-corruption, and freedom of speech. The regime interferes in democracies to advance its interests.

Neither side can accommodate the other without compromising the essence of its system. Americans would like China to become less repressive, but there is zero chance of that under Xi. China would like the U.S. to respect what it calls its core interests, but this would mean unpalatable concessions that would compromise our values and interests such as acquiescing in the suppression of free speech. So we are destined for rivalry. The question is how to inoculate the free world against the negative effects of the authoritarian model while also engaging with China on shared interests.

This clash of systems is actually fairly accurately described in parts of the White Houses officialstrategy on China, which bears the hallmark approach of Matthew Pottinger, the deputy national security adviser. Pottinger is a hawk on China, but he has gained the bipartisan respect of Asia experts and that of U.S. allies, including in Europe, by staying out of the limelight and by making a sophisticated and nuanced version of the case, albeit one that has its own shortcomings and is still inconsistent with Trumps personal worldview. Pottinger has also engaged in patient, low-key diplomacy on China in Europe from early on in the administration and avoids any hectoring or partisanship.

Pompeos account, by contrast, is a Manichean politicized caricature. For instance, consider the difference between Pottingers document and Pompeos speech on Chinese students. The official strategy says:

Chinese students represent the largest cohort of foreign students in the United States today. The United States values the contributions of Chinese students and researchers. The United States strongly supports the principles of open academic discourse and welcomes international students and researchers conducting legitimate academic pursuits; we are improving processes to screen out the small minority of Chinese applicants who attempt to enter the United States under false pretenses or with malign intent.

At the Nixon Library, the sum total of what Pompeo said about Chinese students was the following:

We know too, we know too that not all Chinese students and employees are just normal students and workers that are coming here to make a little bit of money and to garner themselves some knowledge. Too many of them come here to steal our intellectual property and to take this back to their country.

In the first, the U.S. welcomes the Chinese people to its shores and recognizes that a small minority could have ill intent. The second is torn right out of the Trump I assume some are good people playbook.

Its a subtle but important difference that repeats itself again and again. The official strategy talks about Chinas hegemonic aspirations in Asia, particularly in the maritime domain, and not global domination of Chinese communism. It says that the United States stands ready to welcome Chinas positive contributions and mentions several examples and ways of going about that. Pompeo is utterly dismissive of any cooperation or engagement. Some, he says,

are insisting that we preserve the model of dialogue for dialogues sake. Now, to be clear, well keep on talking. But the conversations are different these days. I traveled to Honolulu now just a few weeks back to meet with Yang Jiechi. It was the same old storyplenty of words, but literally no offer to change any of the behaviors.

That was as constructive as it got.

Pompeos tirade will discredit the case for competition with China among allies, in Asia and Europe, who are petrified of a full-blown Cold War where the U.S. and China have no interest in diplomacy. He couldnt resist a thinly veiled, and inevitably counterproductive, sideswipe at German Chancellor Angela Merkel, who is under pressure to take a tougher stance on China, saying cryptically,

We have a NATO ally of ours that hasnt stood up in the way that it needs to with respect to Hong Kong because they fear Beijing will restrict access to Chinas market. This is the kind of timidity that will lead to historic failure, and we cant repeat it.

By far the biggest problem with Pompeo, or the administration, invoking the free world is that he said nothing about the free world itself. Free societies are in trouble. As the NGO Freedom House hasdocumented, the world has become less free over the past four years, due in large part to illiberal forces within democracies. Many democracies also struggle to cope with fundamental challenges, including inequality, racial injustice, the automation of work, and new technologies such as artificial intelligence. Free societies also face the very real threat of political interference from authoritarian states and networks of corruption.

Getting serious about defending the free world has to start with restoring the rule of law and democracy at home and seriously examining what it will take to remain free and democratic in the decades to come. Instead of tackling this problem, the Trump administration has thrown more fuel on the fire raging inside the free world. Trump has said he may notaccept the results of the forthcoming election. He has claimed that mail-in voting, a staple of American democracy, is fraudulent. He has sent troops into American cities against the wishes of their mayors. And he has called for Russia and China to interfere in the election process.

America is a work in progress. The U.S. is entitled to carry the banner of freedom, as it did in the Cold War, even as it wages the struggle for freedom at home. But it is quite another matter for an administration that is actively undermining American democracy to claim the mantle of the free world.

A different administration has an opportunity to put the free world at the heart of its strategy. It would involve working with other free societies to modernize our systems of governance so they are collectively resilient to shockswhether they are financial, environmental, political, or public-health-related. This will, by necessity, involve major changes domestically. It means tackling international networks of oligarchs and corruption that exploit a countrys openness in order to penetrate their systems and distort their democracy. It also allows for a robust national and international conversation about what a free society means in the modern worldone that should include voices from across the political spectrum.

Competing with China is an important component of the free-world strategy but only one part, and the competition is not an end in itself. Some critics will still worry that talking about the free world will bring about a Cold War with China, dividing the world in two. But this fear is misplaced. Kelly Magsamen of the Center for American Progress recently put it succinctly. Rather than organizing U.S. foreign policy purely around competition with China, she told me, we should be organizing it around our democratic allies with the goal of strengthening and catalyzing the free world. Thats a far more affirmative theory of the case that would better reflect American values, play to our comparative advantages, and frankly get better collective results. That strategy is the way to get allies and Americans on board with a competition between governance systems because it recognizes that the challenge comes from within and is something the U.S. should do even if there were no competition with China.

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Pompeos surreal speech on China - Brookings Institution

The Rank Hypocrisy of a TikTok Ban – WIRED

On Friday the president of the United States declared that he intends to ban a vibrant source of American speech. And that he intends to eliminate competition in a giant industry that doesnt have nearly enough of it. Its a rare feat to upturn two such fundamental democratic valuesfree speech and free marketsat the same time.

TikToks fate in the US remains uncertain. Trumps declarations could be part of a negotiating strategy, with the intended goal of getting Bytedance, TikToks Chinese parent company, removed entirely from the platforms ownership. Microsoft may then swoop in. Trumps proposed executive order could face legal review, and TikTok has vowed that its not planning on going anywhere. But regardless of how this all shakes out, the presidents declaration stinks of hypocrisy.

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Its certainly true that all Chinese companies must play footsie with the state, sharing data if and when the ruling Communist Party demands it. (TikTok has consistently denied that it has done so.) Its true, too, that the Chinese government of Xi Jinping does not wish the United States well, and that its hacking and espionage operations have deep and malevolent roots. And smart people have raised valid concerns about TikToks security. (Any company that copies what you put on your clipboard is one that deserves very little trust.)

But thats a reason to ban the app on the phones of American soldiers and diplomats, and its reason to warn others about the risks. Its an argument, too, that US data privacy laws are woefully inadequate to protect people from data over-reach by any app, regardless of the country of origin. But the public evidence that TikTok is a fundamental and unique threat to US security is simply not there.

TikTok, however, is a threat to Facebook. Its a legitimate competitor that has been able to thrive without being captured or killed. During the antitrust hearings on Wednesday, one of Congresss central critiques was that Facebook uses all the secret information it gathers to sniff out its nascent opposition. Will [Zuckerberg] go into destroy mode if I say no? Instagram founder Kevin Systrom asked one of his board members, Matt Cohler, while discussing a potential Facebook acquisition of his company. Probably, came the reply, according to a memo released during the hearings.

Instagram and Whatsapp were gobbled by Facebook, and Snapchat was hobbled. But TikTok has survived Facebooks destroy mode. The US company didnt recognize its growth and misunderstood its genius. By the time Facebook first tried desperately to copy and clone it, it was too late. But now, with Trumps aggressive stance, Facebook has been given a gift from above. Its new TikTok twin, Instagrams Reels, launches soon. Without TikTok, the road to its success would be more open and clear.

There has been a certain amount of conspiratorial talk about Trump and Zuckerberg since the two had dinner last November: theorizing perhaps that they reached some sort of tacit agreement that Zuckerberg would allow Trump to use the platform as he saw fit, and Trump would help Zuckerberg in other ways? Ive always doubted that there was anything explicit. But powerful diplomacy doesnt work that way. It happens through subtle signals, winks, and nods. And I doubt that Zuckerbergs kindness toward the White House didnt weigh somewhat in Trumps mind.

But this of course just lays bare the hypocrisy in Trumps move. Its a move against free speech, and to the extent that Facebook has been gentle on the president, its because of Zuckerbergs defense of that fundamental right. And if one is an avid believer in free speech, how can one even threaten the death penalty for a social media platforrm? TikTok is full of garbage and sometimes hate. But its free and open, even in ways that other platforms arent. Conservative critics who rail about Twitters lack of respect for the First Amendment are often just working the refs. But many are sincere. I am eager to see how they react to todays news. (The White House did not respond to my request for comment.)

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The Rank Hypocrisy of a TikTok Ban - WIRED

A 79-Year-Old Doing Hip-Hop? ‘The Simpsons’ Is Where Free Speech Battles Age Bias Claims – Billboard

As the old saying goes, no business is like show business. For one thing, show business is speech business. But what acts by an entertainment producer are legitimately free speech, and what acts are plain ol' discrimination? That's not always clear. Just look at the ongoing case of Alf Clausen, the 79-year-old who was fired as Simpsons composer after 27 years of celebrated work on the animated classic. As his lawsuit heads toward an important hearing next week, Clausen looks to undercut Fox's positioning that this dispute relates to an important First Amendment issue.

Clausen is suing Disney and its Fox divisions with the claim that his termination was due to age and disability discrimination. The musician says he has been diagnosed with Parkinson's disease and he objects to how Simpsons producers dumped him in favor of Hans Zimmer's company.

In April, in an attempt to defeat the suit, Fox gave a different side of the story. According to the defendant's court papers, Clausen was fired after producers raised concerns about his work in connection with one particular hip-hopthemed episode of the animated show. Simpsons producer James L. Brooks wondered if Clausen was the right person to prepare rap music, while others allegedly were disturbed by the discovery that Clausen had been delegating some of the work of composing music for The Simpsons to others, including his son Scott Clausen. Overall, according to declarations by other top producers on the show, the feeling was that the music could be improved by replacing Clausen.

"Defendants have presented evidence that the decision not to use Clausen as composer in future episodes of The Simpsons had speech-related motivations," wrote an attorney for the Simpsons defendants.

"Lies and deceit," responds Clausen's just-filed opposition. (Read in full here.)

"Mr. Clausens evidence demonstrates that, since at least 2008, Fox had known he regularly delegated the composition of music to members of his team," states the brief. "This fact is confirmed not only through Fox's own cue sheets, but emails between Matt Selman, Al Jean, Carol Farhat and even James Brooks, wherein discussions about Scott Clausen and others composing cues are undeniable."

The plaintiff's attorneys then add, "The notion that Mr. Clausen was unable to capture the showrunners vision is equally ludicrous. Mr. Clausen won two Emmys, five Annie Awards and became the most nominated composer in Emmy history, amassing a record 23 Emmy nominations for his work on The Simpsons. The mere fact that Al Jean and Matt Selman routinely skipped the recording sessions suggests how much faith and confidence they had in Mr. Clausen delivering their vision."

As for whether Clausen is capable of doing hip-hop, the composer says Brooks is only revealing "discriminatory ageist beliefs that Mr. Clausen was only good at old styles of music, rather [than] up-to-date genres, such as rap, electronic, etc. even though the evidence and his work history prove otherwise."

At an Aug. 5 hearing in Los Angeles Superior Court, the issue for the judge won't necessarily be whether Simpsons producers were justified in replacing Clausen, who also says he's worked within budget parameters. Instead, the question may be: Was the firing about the music? Because if it's about the music, Fox stands a very good chance of prevailing on its anti-SLAPP motion. Clausen implies that his firing wasn't about the music.

California's SLAPP statute is intended to swiftly dispense with frivolous lawsuits interfering with someone's free speech. Under the first prong of SLAPP analysis, a judge examines whether a legal action arises from an act furthering a defendant's First Amendment activity in connection with a public issue. That analysis gets somewhat complicated with regards to entertainment and media companies. Courts don't want to overlook discrimination, but on the other hand, judges are mindful that these entities produce speech as a regular function. That sometimes means that a controversial decision by an entertainment or media defendant can be connected to a significant issue of speech. No wonder the topic has been the subject of very recent appellate opinions (like this one, or that one).

So, was Clausen's firing motivated by a desire to improve the music on The Simpsons as Fox contends or is that reasoning just pretextual? And how does a judge weight the evidence? Here, Clausen's attorneys Thomas Girardi and Ebby Bakhtiar attempt to convince the judge that Fox's prior knowledge about work delegation, among other things now in submission, add up to an inference that Fox is being deceitful with respect to the reasoning behind the decision to terminate the show's longtime composer.

If Clausen doesn't prevail on this point, L.A. Superior Court Judge Michael L. Stern will then turn toward an analysis of the merit of Clausen's claims. Under the second prong of the SLAPP statute, a plaintiff must establish a probability of prevailing before moving any further in the case. Clausen's lawyers translate this as meaning the suit need only show "minimal merit" (which they believe they have met), although Fox is likely to argue the screen is higher, particularly given the legitimate rationale they have offered for Clausen's termination.

This article originally appeared in THR.com.

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A 79-Year-Old Doing Hip-Hop? 'The Simpsons' Is Where Free Speech Battles Age Bias Claims - Billboard

Letter to the editor: Anger exploits our free speech – Huntington Herald Dispatch

Hate speech inflicts damage. Jokes about the prophet Mohammad kindles death threats and assassinations. Threatening POTUS with harm assures jail time. Yelling a false alarm in crowded venues initiates stampedes resulting in injury and potentially death of those trampled. Verbal abuse of children shatters their self-esteem and distorts their world view. Exhibitions of wrath herald subsequent destructive ramifications.

About a year ago, DW News constantly called President Trump the Twitter in Chief. On Twitter, Donald Trump sought to block any critics following him. In March, the appeals court ruled that Trump could not block his critics. Blocking critics from following his account being employed as a public forum was ruled as unconstitutional under the First Amendment. This issue has slowly inched toward SCOTUS consideration. In May, Twitter required that users read a notice before viewing Trumps tweet. His tweet warned retribution for the actions of George Floyd protesters in Minnesota. Twitter asserted that he violated its policy of glorifying violence. Subsequently, the president issued an executive order using Section 230 of the Communications Decency Act (liability protection for contents of posts), wherein Trump accused Twitter of violating his freedom of speech. In June, Twitter deleted a racist baby video posted by the president. This tug-of-war dynamic has revealed angers exploitation of free speech.

Twitters approach of labeling inflammatory speech initially appears reasonable. Yet, questions linger about the methods for evaluating errant posts. Perhaps transparency and adjudication offer a solution. The demand exists not to eliminate but to flag hate speech, misinformation and half-truth in the media, especially during this falls election. Sren Kierkegaard proposes a cause for the current situation, People demand freedom of speech as a compensation for the freedom of thought which they seldom use.

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Letter to the editor: Anger exploits our free speech - Huntington Herald Dispatch

Princeton professor pushes back on cancel culture on campuses: ‘First Amendment is for all of us’ – Fox News

The right to free speech in Americaneeds to be protected, Princeton Universityjurisprudence professor Robert George statedFriday.

George's comments during an interview on"Fox News @ Night"came following a Michigan bed and breakfast's decision to remove their Norwegian flag afterdozens wrongly accused the owners of flying a Confederate flag.

MICHIGAN INN REMOVES NORWEGIAN FLAG AS RESIDENTS FALSELY BELIEVE IT'S THE CONFEDERATE FLAG: REPORT

According to reporting from WLIX, when Greg and Kjersten Offbecker created the St. Johns inn -- named The Nordic Pineapple -- they installed the flag, hanging an American flag alongside it.

The pair then beganto receive cruel emails and phone calls. Some were even convinced that the "B&B" was built by Confederate leaders when, in fact, union workers constructed the Civil War-era building forthe daughter of the Saint Johns founder.

Kjersten Offbecker said the flag was hung as a way for her to represent her Scandinavian heritage. However, with the confusion, she took it down because she said it was not worth the frustration.

The Norwegian flag has the same colors as the Confederate flag, but the patterns and symbols are different. The Confederate flag is red with a blue X containing white stars.

"It's a combination of a very bad attitude and a great deal of ignorance," George remarked. "You would think that Americans would be able to tell what is and isn't a Confederate flag -- even if it's a flag that, in some ways, resembles a Confederate flag.

"But, look at how quickly people just turn to outrage and tried to shut these people down because they thought they had broken the rule against wrongthink..." he told host Shannon Bream. "So, the combination of malice and ignorance is really toxic."

George highlighted the importance of speaking upin defense of the free speech rights of those you strongly may disagree with.

"Temple University was under pressure to discipline [Professor] Marc Lamont Hill for some statements that I very strongly disagreed with. But I, nevertheless, threatened to myself lead a protest...in defense of the free speech rights of the very progressive Marc Lamont Hill," he explained. "Because he has every bit of [a right to] free speech as I have or as anybody else has.

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"The First Amendment is for all of us," George pointed out.

"It's not the property of the left. It's not the property of the right. It's not the conservatives'; it's not the liberals' [property]. It's everybody's right..." he said.

"And so, we need to protect the free speech rights and stand up for the free speech rights of those we oppose," George urged.

Fox News' Jack Durschlag and The Associated Press contributed to this report.

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Princeton professor pushes back on cancel culture on campuses: 'First Amendment is for all of us' - Fox News

Are open debate and free speech curtailed in today’s society? – University of Miami

A controversial letter in Harpers Magazine warns of a cancel culture that can stymy open exchanges.

The United States is undergoing a moment of reckoning. Social forces unleashed by the killing of George Floyd and many other African Americans at the hands of police have mobilized thousands to call for social change.

A recent letter published by Harpers Magazine called A Letter on Justice and Open Debate has sparked heated controversy since it warns of a cancel culture in a society that aims to silence open debate and ideas.

The letter states: Powerful protests for racial and social justice are leading to overdue demands for police reform along with wider calls for greater equality and inclusion across our society

But this needed reckoning, the letter continues, has also intensified a new set of moral attitudes and political commitments that tend to weaken our norms of open debate and toleration of differences in favor of ideological conformity.

The letter was signed by 153 educators, writers, entertainers, and historians, including Margaret Atwood, J.K. Rowling, Salman Rushdie, Wynton Marsalis and a host of academics.

Critics of the letter point out that most of those signing it allude to a cancel culture, a way of public exclusion and shaming of someone who has said or done something offensive, when all the signees hold privileged posts and are usually exempt from such exclusion.

One of the issues that the letter does bring to the fore is that of open debate, one that is of particular interest to academics.

Sam Terilli, associate professor at the University of Miami School of Communication, believes in what the letter addresses and said that some reformers and protestors in their laudable efforts to correct past and current injustices, are treading dangerously close to intolerance of dissenting points of views.

He emphasizes that there is value in a healthy debate even with those with whom we passionately disagree.

Anthony E. Varona, dean of School of Law, said that the free exchange of ideas is important to a republic such as ours, and is indispensable in academic contexts. I am reminded that in the early decades of the LGBTQ equality movement, activists were silenced by those in power who insisted that homosexuality was the love that dare not speak its name and therefore something not to be discussed or even mentioned in polite company, never mind debated in political, policy, and legal arenas.

It was only through persistent activism and continued debate with many who disagreed with the LGBTQ movement that progress was made, he said.

Today, Varona said, social media have created important platforms upon which oppressed and marginalized communities can connect, share information, and use their collective influence to hold accountable leaders and other influencers who have perpetuated systems of oppression.

When used well, its more of an accountability culture than a cancel culture, he said. We must not allow the atomization of social and other forms of electronic media to cause us to lose sight of our humanity, and the need for patience, proportionality, and civilityespecially with those who are learning, or sharing good faith disagreements in areas where there can be reasonable and conscientious debate.

Tywan Martin, associate professor in the department of Kinesiology and Sport Sciences in the School of Education and Human Development, agrees that open debate is critical for progress and change.

In some of his graduate classes, he has led debates on whether the NFL team the Washington Redskins should change their name. The team has been criticized for using a name that can be offensive to many Native Americans. The team recently removed Redskins from its name.

We have had these conversations in class and there are diverse ideas that have come from that exchange and while I might agree with one and not the other it is still an opportunity to share and to provide a perspective that was never considered, he said.

Martin said the breakdown of communication and open debate often happens when people want to keep traditions that are racist, homophobic, or that trampled on the rights of many other citizens.

We are hell bent on tradition even if tradition is wrong, he said. It was never right for women not to be able to vote. That was never right. It was never right for people of different races to not be able to marry.

But he also said that it is important for those who hold on to outdated ideas to speak up.

The sharing of ideas is important even if the person is fearful of them being charged with saying something insensitive, said Martin. They may be given a perspective that they have not heard.

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Are open debate and free speech curtailed in today's society? - University of Miami

Lawsuit claims Binghamton University violated free speech when handling protests – Pressconnects

A presentation by economist Arthur Laffer at Binghamton U, was shut down after protesters disrupted it on Nov. 18, 2019. Video provided by Sen. Fred Akshar's office. Wochit

A lawsuit claims Binghamton University's responsetoa disruption of a Conservative speaking event in November, as well as a confrontation between two groups on campus four days earlier, was unconstitutional and allegedly violated freedom of speech.

The court documents centeron an abruptly ended speech on Nov. 18, 2019, at BU by economist and presidential advisor Dr. Arthur Laffer, whose "Trump, Tariffs, and Trade Wars" lecture on campus had been co-hosted by College Republicans and Young Americas Foundation. It also questions BU officials' response toa Nov. 14tablingevent on campus that became the center of a clash between two groups.

The lawsuit, a nearly 40-page document,alleges violations of free speech and equal protection. Among its argumentsare claimsthat the responses byBU administration and the University Police Department were unconstitutional and that some public statements by BU officials misrepresented the situations.

Conservative groupAlliance Defending Freedomand its associatedlaw firm filed the complaint Wednesday in Binghamton's federal courthouse, naming defendants BU President Harvey Stenger,Vice President for Student Affairs Brian Rose, BU Police Chief John Pelletier, the Student Association,College Progressives and Broome County activist group Progressive Leaders of Tomorrow (PLOT).

Binghamton University has denied the lawsuit's accusations.

"As an institution of higher education, freedom of speech is fundamental to our core mission; academic inquiry and the exchange of ideas rest on the principle that all have a right to express their beliefs," Binghamton University spokesman Ryan Yarosh said after the lawsuit was filed.

"Binghamton University maintains that we acted consistent with this mission and with the requirements of the First Amendment," Yarosh said, "and we will respond to the complaint accordingly."

[There's more: Read the lawsuit below this article]

About 200 protesters at Binghamton University argued against displays advocating for gun rights Thursday, Nov. 15, 2019.(Photo: Provided by BU Pipe Dream)

The protest at Laffer's event came momentsafter he took the podium,the lawsuit said, when a member of College Progressives and/or PLOT stood up in the second row and began shouting accusations: "We are tired of being oppressed and we are tired of getting murdered by this (Trump)Administration ...you, this man, this liar, Arthur Laffer, supports."

The person thenaccused Laffer of helping the Trump Administration further "racial oppression" and a justice system that he equated with "modern-day slavery," according to the lawsuit.

People in the crowd greeted these accusations with applause, the lawsuit said, and the alleged disrupting person was handed a megaphone and urged to continue.

Laffer was removed from the lecture hall, unable to continue the event.

Members of PLOT attended the event and contributed to the disruption, according to the lawsuit, which alsoargues University Police took no preventive action.

Tyson Langhofer, senior legal counsel for Alliance Defending Freedom and director of theADF Center for Academic Freedom, said BU officials and police "utterly refused to protect the First Amendment rights of its students and Dr. Laffer."

In a statement after the incident, BU said steps had been taken once it became clear demonstrators would be at Laffer's event. Those steps included allowing an adjacent lecture hall for counter discussion, which would have allowed those who wanted to hear Laffer to do so.

[Article continues below photo gallery]

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The lawsuit says a tabling event in a high-traffic area on campus, known as "the Spine," was organized by College Republicans in order to promote Laffer's then-upcoming lecture.

Although the group denied it in the lawsuit, BU's student newspaper Pipe Dream reported there was a display supporting gun rights. The tabling event happenedhours after a shooting in a California high school.

Opponents posted messages online, according to the lawsuit, including:"Today on the spine Trump supporters are actively advocating for the Trump administration and gun violence. Join us at 2 as we disrupt this disgusting space that Binghamton has allowed students to create and protect the racism, homophobia, and xenophobia that has erupted from Trump and his supporters."

Three hours into the tabling event, approximately 200 people arrived. The lawsuit claims they "attacked" the College Republicans table and destroyed flyers while some shouted insults and obscenities.

University Police arrived, but the lawsuit claims officers didn't disperse the crowd, while some in the crowd shouted "Pack it up."

The lawsuit argues that BU officials misrepresented the College Republicans in later public statements, claiming the group "intended to be provocative."

More: Binghamton University student protesters clash over gun rights: What we know

[Warning: This video contains graphic language]

Eventually, according to Rose, police directed the tabling groups to leave the area and escorted them away. Some protesters viewed this as the police protecting the tabling students based on race, Rose said, and they started chanting at the officers.

The students chanted, "No justice. No peace. No racist police."

No one was injured as the incident dispersed.

"Pursuant to the Speech Suppression Policy, defendants (Stenger, Rose, and Pelletier)not only failed to take action to defend College Republicans constitutional rights but personally and actively supported the thuggish and physically abusive actions of defendant College Progressives," the lawsuit argued.

Stenger at the time defended BU's de-escalating response and called the Nov. 14 incident unfortunate "from all perspectives."

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Lawsuit claims Binghamton University violated free speech when handling protests - Pressconnects

LETTER Understand the gravity of free speech – Trumbull Times

Published 9:55am EDT, Friday, July 24, 2020

LETTER Understand the gravity of free speech

To the editor:

I recently read the article in the Trumbull Times of an event which occurred in our town. It involved three teenagers who removed signs from another persons property. They were then caught.

They admitted to the crime. When asked why they stole these signs, they responded they didnt agree with the movement the signs were supporting.

I do not know what the signs said, nor do I know what movement they support. These children clearly do not understand the First Amendment.

The First Amendment is the first one for a reason. No one has the right to suppress anothers opinion. Peruse the globe and look at countries which have suppressed free speech. Not pretty. Do these children wish they could live under any of these suppressive regimes?

Now, what bothers me most about this story regards complicit adults. I wonder if their parents knew what they did? If so, do these complicit adults understand the gravity of free speech? I doubt it.

Scott C. Thornton

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LETTER Understand the gravity of free speech - Trumbull Times

Accelerating in times of pandemic recession, Part I: Why free speech is not negotiable – Economic Times

The Covid 19 pandemic has hit the shores of five continents to devastating effect. It has afflicted 15,996,140 and claimed 643,821 lives worldwide. The magnitude of the economic devastation is now revealing itself. The new coronavirus could claim up to 24.7 million jobs, according to International Labour Organization (ILO) estimates.

Can free speech be made negotiable in the midst of this hitherto unfathomable and uncharted global Covid 19 pandemic? The answer is an explicit no.

Information about scientific studies, statistical data, progress of vaccination development, health care methodology, progress of the pandemic globally, the successful and not so successful strategies and even the failed strategies deployed, is being relayed at the speed of light across jurisdictions. Today with the internet freely distributing scientific findings and scientific data from The Lancet, the Harvard School Medical site, the Indian Journal of Medical Research, Nature Medicine is a revolution in itself. Only free speech can guarantee honest evaluation and scrutiny of every of theory or policy and ensure course correction when required.

It is appropriate in these trying and vexed times to invoke the eminent Nobel Laureate Amartya Sen, who had empirically demonstrated that No famine has ever taken place in the history of the world in a functioning democracy. Sen explained that democratic governments have to win elections and face public criticism, and have strong incentive to undertake measures to avert famines and other catastrophes. There has not been a large-scale loss of life since 1947.

Sen detailed the catastrophic consequences of clamping free speech during the Great Bengal Famine of 1943 which killed three million people. It was widely assumed that the famine was caused by food shortages. Sens research found that food production in Bengal had not declined. Rather, food prices had soared while farm wages had sagged, making it hard for rural workers to buy food. He wrote,a free press and an active political opposition constitute the best early-warning system a country threaten by famines can have Not surprisingly, while India continued to have famines under British rule right up to independence they disappeared suddenly with the establishment of a multiparty democracy and a free press.

Nobody understood it better than Mao Zedong. His Great Leap Forward is believed to have contributed to the Chinese famine in 1958-61 which killed 5 million Chinese. Mao admitted thatIf there is no democracy and ideas are not coming from the masses, it is impossible to establish a good line, good general and specific policies and methods Without democracy you have no understanding of what is happening down below; the situation will be unclear; .top-level organs of leadership will depend on one-sided and incorrect material to decide issues

The war against a pandemic is similar to a war against famine. Free speech is vital and by no means can be dispensed with. The course of the Covid 19 is not dependent on what is published by the press or the media or the government. It is unlike an enemy at the gates. It is essential for the government, the media, the medical fraternity, the scientific community and everyone involved to be constantly following the trajectory of the pandemic in all its detail from the information being disseminated.

The war raged on HIV/AIDS which took 32 million lives is an illustrative case. This concerted battle of the early 1990s was decisively won with the concerted efforts of scientists, doctors, politicians, journalists, civil society and social workers. It was this relentless exchange of information, be it scientific data, ground level human conditions, information on responses to drugs, information on the availability of hospital spaces, medical equipment, medicines, the nutritional condition of the poor and impoverished which was critical in policy responses to the HIV/AIDS battle to bring it to heal. Free speech was also a potent and scientific antidote to the denialists who were at cross purposes in containing HIV/AIDs.

On a parallel front, a campaign was on to bring down the extortionate cost of retroviral drugs. Free speech ensured the information flow about the avaricious pharmaceutical companies preventing wider access to medicines by unjustified high pricing. The cost of medication for HIV/AIDS in 2000 was $ 10,000 per year per patient which was brought down to $ 64 in 2016. But for this war waged by journalists, social workers, civil society and some rebel pharmaceutical companies drastically brought down the cost of HIV/AIDS medication. It was vitally instrumental in the containing of this disease. The wider access to antiretroviral therapy (ART) and a declining incidence of HIV infections due to protective prevention advocated and disseminated across the globe led to a steep fall globally in the number of adults and children dying from HIV-related causes.

The media and civil society, which witness events and operation of policies at ground level, informs and educates. The very nature of the information obtained by exercise of free speech enables to correctly report what is really happening. It is a vital catalyst for commencing and calibrating responses of the government.Or for that matter, even changing course. A classic illustration is of the mass migration of migrant labour from our cities. Millions of migrant workers, having lost their jobs and their salaries in the wake of the lockdown, commenced the long walk to their villages. The scale of the tragedy of this trek is unprecedented in modern history.But for the vigilant and free sections of the press the scale of the tragedy would not have been reported. Nor would it have been redressed, albeit in this case pretty late in the day.

As governments arm themselves with far greater powers under the sway of the pandemic, any incursion to into free speech will be both detrimental and disastrous to deal with the Covid 19 pandemic.

DISCLAIMER : Views expressed above are the author's own.

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Accelerating in times of pandemic recession, Part I: Why free speech is not negotiable - Economic Times

Mun Choi: Free speech is the University of Missouri’s lifeblood – STLtoday.com

Protesters raise their fists in solidarity during a rally on Nov. 4, 2015, at Traditions Plaza on the University of Missouri campus in Columbia calling for the resignation of then University of Missouri System President Tim Wolfe. The group organized the rally to draw attention to race relations on MU campus.

(John Happel/Missourian via AP) MANDATORY CREDIT

As the University of Missouri System president and MU interim chancellor, it is my responsibility to support the mission of the university. Lively, passionate discussion with the campus community is an important part of the decision-making process and the lifeblood of a healthy university community. In that spirit, recent events have compelled me to elaborate on the topic of our commitment to free speech.

Soon after I came on board in March 2017, the UM System and the four universities approved the commitment to freedom of expression. In January 2020, I also established the Intellectual Pluralism and Freedom of Expression Task Force. I stated in the charge that, in many ways, universities have been reactive when it is perceived that diverse views are unwelcome or free speech is curtailed. We want to be proactive to address these perceptions to establish new programs and training.

Personally, I have always been available to have discussions in person, by phone, Zoom or email with all members of our campus communities. During the past four months at Mizzou, there have been more meetings with faculty, staff, students, administrators, parents, legislators, alumni and community members on the important matters of budget, pandemic and race relations than in recent memory.

Some of this invaluable feedback has resulted in actions we will take immediately, such as requiring cultural competency training, developing a new bias hotline, providing promotion and tenure workshops, and finding safe ways to reopen the campus in the fall. Some of my decisions are received with great enthusiasm by our stakeholders, but others are less popular. I have not and will not make decisions based on popular consensus. It is an inevitable part of this role to take into account factors that many are not aware of and are not always able to come to light for reasons of legality, policy, privacy and myriad other situations. Regardless, I accept the criticism that results from unpopular decisions.

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Mun Choi: Free speech is the University of Missouri's lifeblood - STLtoday.com

A 79-Year-Old Doing Hip-Hop? ‘The Simpsons’ Is Where Free Speech Battles Age Bias Claims – Hollywood Reporter

Alf Clausen, who spent 27 years as the animated show's lead composer, says Fox is being deceitful about the motivations for his firing.

As the old saying goes, no business is like show business. For one thing, show business is speech business. But what acts by an entertainment producer are legitimately free speech, and what acts are plain ol' discrimination? That's not always clear. Just look at the ongoing case of Alf Clausen, the 79-year-old who was fired as Simpsons composer after 27 years of celebrated work on the animated classic. As his lawsuit heads toward an important hearing next week, Clausen looks to undercut Fox's positioning that this dispute relates to an important First Amendment issue.

Clausen is suing Disney and its Fox divisions with the claim that his termination was due to age and disability discrimination. The musician says he has been diagnosed with Parkinson's disease and he objects to how Simpsons producers dumped him in favor of Hans Zimmer's company.

In April, in an attempt to defeat the suit, Fox gave a different side of the story. According to the defendant's court papers, Clausen was fired after producers raised concerns about his work in connection with one particular hip-hopthemed episode of the animated show. Simpsons producer James L. Brooks wondered if Clausen was the right person to prepare rap music, while others allegedly were disturbed by the discovery that Clausen had been delegating some of the work of composing music for The Simpsons to others, including his son Scott Clausen. Overall, according to declarations by other top producers on the show, the feeling was that the music could be improved by replacing Clausen.

"Defendants have presented evidence that the decision not to use Clausen as composer in future episodes of The Simpsons had speech-related motivations," wrote an attorney for the Simpsons defendants.

"Lies and deceit," responds Clausen's just-filed opposition. (Read in full here.)

"Mr. Clausens evidence demonstrates that, since at least 2008, Fox had known he regularly delegated the composition of music to members of his team," states the brief. "This fact is confirmed not only through Fox's own cue sheets, but emails between Matt Selman, Al Jean, Carol Farhat and even James Brooks, wherein discussions about Scott Clausen and others composing cues are undeniable."

The plaintiff's attorneys then add, "The notion that Mr. Clausen was unable to capture the showrunners vision is equally ludicrous. Mr. Clausen won two Emmys, five Annie Awards and became the most nominated composer in Emmy history, amassing a record 23 Emmy nominations for his work on The Simpsons. The mere fact that Al Jean and Matt Selman routinely skipped the recording sessions suggests how much faith and confidence they had in Mr. Clausen delivering their vision."

As for whether Clausen is capable of doing hip-hop, the composer says Brooks is only revealing "discriminatory ageist beliefs that Mr. Clausen was only good at old styles of music, rather [than] up-to-date genres, such as rap, electronic, etc. even though the evidence and his work history prove otherwise."

At an Aug. 5 hearing in Los Angeles Superior Court, the issue for the judge won't necessarily be whetherSimpsons producers were justified in replacing Clausen, who also says he's worked within budget parameters. Instead, the question may be: Was the firing about the music? Because if it's about the music, Fox stands a very good chance of prevailing on its anti-SLAPP motion. Clausen implies that his firing wasn't about the music.

California's SLAPP statute is intended to swiftly dispense with frivolous lawsuits interfering with someone's free speech. Under the first prong of SLAPP analysis, a judge examines whether a legal action arises from an act furthering a defendant's First Amendment activity in connection with a public issue. That analysis gets somewhat complicated with regards to entertainment and media companies. Courts don't want to overlook discrimination, but on the other hand, judges are mindful that these entities produce speech as a regular function. That sometimes means that a controversial decision by an entertainment or media defendant can be connected to a significant issue of speech. No wonder the topic has been the subject of very recent appellate opinions (like this one, or that one).

So, was Clausen's firing motivated by a desire to improve the music on The Simpsons as Fox contends or is that reasoning just pretextual? And how does a judge weight the evidence? Here, Clausen's attorneys Thomas Girardi and Ebby Bakhtiar attempt to convince the judge that Fox's prior knowledge about work delegation, among other things now in submission, add up to an inference that Fox is being deceitful with respect to the reasoning behind the decision to terminate the show's longtime composer.

If Clausen doesn't prevail on this point, L.A. Superior Court Judge Michael L. Stern will then turn toward an analysis of the merit of Clausen's claims. Under the second prong of the SLAPP statute, a plaintiff must establish a probability of prevailing before moving any further in the case. Clausen's lawyers translate this as meaning the suit need only show "minimal merit" (which they believe they have met), although Fox is likely to argue the screen is higher, particularly given the legitimate rationale they have offered forClausen's termination.

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A 79-Year-Old Doing Hip-Hop? 'The Simpsons' Is Where Free Speech Battles Age Bias Claims - Hollywood Reporter

Public forums beg the question, when is free speech too free? – hngnews.com

While the Be the Change wall in Waunakee has invited constructive, thoughtful comments that can inspire instructive conversations, some have also chalked what appear to be White Supremacist lettering, particularly those three Ks.

The wall by the former South Street library was intended to invite ideas, asking the question: What does diversity look like? The intent was to build a sense of community around this.

But unfortunately, not all seem to share a common goal in this regard. And so a wall monitor group has formed, in some cases washing away the more destructive messages; in other instances, rewriting them.

In a sense, the Create Waunakee committee and its wall monitor group have become akin to newspaper editors. We editors open up our opinion pages to readers every week and invite them to share their views. In some cases, inflammatory letters cause editors to take pause and consider how free they really want the speech they print to be.

A friend shared a Washington Post article from July 18 exploring this dilemma. What do newspaper editors do when they receive a letter in support of white supremacy and even slavery?

The South Carolina newspaper, Spartanburg Herald-Journal, printed a letter from John C. Calhoun that stated, God rewards goodness and intelligence; and that slavery is how He justly punishes ignorance, sloth and depravity.

The newspapers readers were appalled, and afterwards, the editor apologized and said the letter should have never been printed and caused pain in the community.

Other newspaper editors are unapologetic about allowing radical ideas to be expressed in the letters-to-the-editor section. In New Yorks Nassau County, the publisher of Island Now allows all ideas to surface in print, noting that other readers will counter such views.

The State of Columbia, S.C., published a letter praising Christian slavery. Its editor, Cindy Ross Scoppe, defended her actions, saying the letters-to-the-editor section is a public forum where we hold a mirror up to our community, so it can examine it, warts and all.

Other newspaper editors, such as those in our news group, follow guidelines in deciding what to print, drawing the line at personal attacks, name calling and hate speech. In some cases, we edit letters to meet these same guidelines.

But its a fine line, particularly for an institution founded on the principle of free speech.

In general at the Tribune, preference is given to local residents views. Letters supporting one presidential candidate over the other sent to newspapers all around the state from say, a person in Wausau who has never read the Tribune wont make it into print. We do print letters that address specific Tribune articles or issues particular to the Waunakee area from people who live outside of the community.

In a few cases, inflammatory or simply nonfactual content is edited.

Very rarely, letters from those in the community are kept from print. Those instances have occurred when a letter personally attacks a business or individual.

But the Be the Change walls purpose is different from the newspapers op-ed pages. The wall was intended to invite ideas on diversity. Its monitors are adhering to this standard, not tolerating ideas meant to exclude or divide people in the community.

Still, it exemplifies the difficult choices we face when we open up a forum for public comment.

Originally posted here:

Public forums beg the question, when is free speech too free? - hngnews.com

Instead of crying wolf on Section 230 reform, platforms should focus on the predators within | TheHill – The Hill

Internet platforms and their defenders want you to believe that every attempt to reform Section 230 would repeal the provision and, with it, free speech on the internet. That isnt the case. The proposals under serious consideration do not strike Section 230, but instead make narrow changes to fix its flaws. And, as always, the First Amendment has the final word on free expression in the United Stateseven on the internet.

Congress decision to create Section 230 was precipitated by the 1995 case of Stratton Oakmont v. Prodigy. Applying a traditional libel analysis, the New York Supreme Court had ruled that Prodigys efforts to moderate inappropriate language on its electronic bulletin boards meant Prodigy had exercised editorial discretion, making it a publisher. Consequently, Prodigy was potentially liable for defamatory statements on the bulletin boards, even if it wasnt aware of the statements. Platforms that chose not to moderate content, by contrast, could not be held culpable unless they knew or should have known about such statements.

Concerned that platforms would stop moderating content to avoid liability, Congress overturned Stratton legislatively. In particular, Section 230(c)(2) states that [n]o provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

By creating a safe harbor for content moderation, Section 230(c)(2) gives platforms confidence to serve as outlets for user-generated content and free expression. Thats a good thing. Section 230(c)(1), however, states that [n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Courts have held that this language shields platforms from liability even if they inadequately moderate illicit activity or refuse to moderate at all, including in cases involving sexual disparagement, revenge porn, harassment, and terrorism.

That interpretation eliminates for internet platforms the legal duty of care that businesses ordinarily have: to take reasonable steps to curb illicit use of their services and facilities. Platforms say they take such steps, anyway, and that may be true in some cases. But their decisions are beyond judicial scrutiny, which means they cannot be held accountable even when they dont take such steps.

Internet platforms oppose Section 230 reform because they wish to continue avoiding liability when they negligently, recklessly, or willfully disregard illicit activity. But thats not a winning argument. So they claim that reforming Section 230 would imperil free speech and the internet.

This simply isnt true, at least under proposals by a number of commentatorsmyself includedto require that platforms take reasonable steps to curb illicit conduct as a condition of receiving protection under Section 230.

The reasonableness standard is inherently flexible. It would account for the resources available to a platform and the benefits and risks posed by use of its services. The effort needed to meet the reasonableness standard will be proportional to platform size, ensuring smaller platforms are not unreasonably burdened as they try to grow and that firms are asked only to expend resources that make sense in light of the severity of a potential harm and the costs to combat it.

Because this approach does not require regulation, it avoids censorship concerns. Significantly, it would also leave in place the Section 230(c)(2) safe harbor for content moderation. So long as platforms meet the modest responsibility of taking reasonable steps to curb illicit activityas other companies mustthe platforms could continue to serve as outlets for free expression without fear of liability.

Moreover, even if an internet platform failed to take such steps, it would not automatically be subject to liability. It simply could no longer hide behind Section 230. Any lawsuit would still need to prove some cause of action. And a court would still be bound to consider the free speech implications before assessing liability, because loss of Section 230s special protections does not eliminate the First Amendments protections.

Internet platforms desire to stop changes to a provision that gives them liability protection not enjoyed by non-internet servicesmany of which they compete withis not surprising. But that does not represent good public policy when it vastly increases harmful behavior online that victimizes real people. If the platforms would take reasonable steps to prevent predatory behavior on their services, rather than cry wolf, they should have nothing to fear from this reform of Section 230, as both they, and the internet, could continue to thrive.

Neil Fried, former Chief Counsel for Communications and Technology to the Energy and Commerce Committee, testified at the Committees June 24 hearing on Section 230. In January, he left the Motion Picture Association and started DigitalFrontiers Advocacy.

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Instead of crying wolf on Section 230 reform, platforms should focus on the predators within | TheHill - The Hill

The statue defenders are the real enemies of free speech – Open Democracy

In the decades which followed the end of the Second World War, Britain emerged as a democratic state shorn of its empire, committed to a new global order based on the self-governing sovereignty of nations and the equality of their citizens. This was a radical break with what had gone before. Protecting empire had been a central theme in the politics of the 1930s. War was fought by the empire, in part to defend empire. But after 1945 empires collapsed quickly, and as they did so, in most parts of the world, the imperial statues came down quickly.

Statues celebrating Germanys empire were the first to fall, replaced by heroes of nations like Poland and Czechoslovakia, newly independent from Nazi occupation. In India, statues were first moved by Britons anxious to protect the monuments of imperial heroes from newly enfranchised Indian crowds. For example, a figure in Kanpur commemorating the death of Britons during the rebellion of 1857 was quietly moved in 1947 to protect it from Indians let into the previously white-only park where it had been housed. By the 1960s, Indian state governments were pulling down imperial statues in the hundreds. They did so to express a more confident sense of cultural nationalism, and caused diplomatic protests from Harold Wilsons government in London. More recently, the fall of the Soviet empire has seen the mass removal of statues to Russias Communist empire-builders in eastern Europe.

In Britain, statues to imperial heroes were until recently ignored not pulled down, more likely to be the repository of bird-shit than political rage.

Britain moved on from empire, without taking statues down. In part that happened as mid-century politicians and intellectuals rewrote empires story to claim independence in India and elsewhere was its culmination, not collapse. But by 1960, empire had been abandoned so fundamentally that Harold Macmillan could stand before parliaments in Ghana and South Africa in his Winds of Change speeches and celebrate Black African nationalism.

A review of the imperial statues in our towns and cities is long overdue.

Most were put up in a short period between the 1860s to 1920s, and they commemorated a politics based on racial inequality and violent conquest. The statue-builders imagined the world was divided between a small number of large competing imperial states whose power was based on force. Many of the figures celebrated, Robert Baden-Powell and Cecil Rhodes for example, thought war allowed better societies to thrive, and the weaker ones to die out.

These kinds of ideas have always been contested. The figure of Robert Clive standing amidst cannon-fire which Lord Curzon erected in King Charles Street was fervently opposed by liberals, who wanted Garibaldi put up instead. But there were enough like Curzon with the power to get statues put up to celebrate the men who embodied imperial violence.

Britains empire ended a long time ago. The fall of statues to slavers and imperial officers is an opportunity for the iconography of our public spaces to finally be brought into line with the democratic approach that has governed public life for almost a century. Protests in response to the Black Lives Movement create the exciting prospect of Britain properly reckoning with the empire it lost generations ago. In its place, they allow us to collectively create a shared national story to reflect and celebrate what, in practice, the country has been since the 1950s: a democratic, self-governing, multi-racial post-imperial society.

But that national conversation is currently being blocked by the irate response of politicians and commentators who vigorously condemn the removal of statues. Some of these largely conservative critics use hysterical rhetoric about totalitarianism and revolution. The more apoplectic among them (Peter Hitchens and Toby Young, for example) imagine that anti-imperial iconoclasm is undermining Britains liberal, easy-going, tolerant society.

The irony is worth noting peaceful protests against statues which commemorate the anti-liberal supporters of authoritarian regimes are condemned as attacking free speech. Its worth reminding ourselves how different the world which produced these statues is from the values that Hitchens, Young and comrades defend. The early twentieth-century Conservative party was imperialist and protectionist. It championed tariffs to protect national and imperial trade. Its arguments for imperial federation, an imperial single market and customs union were linked to ideas about racial hierarchy, and to the idea of uniting what Rhodes called the Anglo-Saxon race. But supporters of empire also used arguments about the need for big states in a competitive world familiar to present-day supporters of the European Union. By contrast, the modern Conservative party is avowedly anti-racist, economic liberal and strongly wedded to the idea of free trade. Most importantly it believes in the sovereignty of the nation-state, imagining the world to consist of independent, self-governing societies that have a right to resist the encroachment of external forces on national life. Rhetorically it is more likely to appropriate the language of anti-imperialism opposing the great empire of Europe, for example - than to justify imperial rule.

None of this is surprising. Since the mid-1950s the most articulate Conservative intellectuals had either become committed anti-imperialists (for example Enoch Powell) or simply remained silent on the subject. There is no unambiguously celebratory history of the British empire written by a Conservative-voting writer until 2003. Niall Fergusons Empire published in that year celebrates empire as something it was emphatically not: a vehicle for diffusing free trade. Until Iraq, even for Tories, empire was consigned to the irrelevant past. The useful, celebrated past for Britains right consisted instead of the moderate, decent, down-to-earth lessons learnt from the supposedly continuous history of an insular, island nation state over many generations.

My point is to highlight the strange predicament of those protesting against the downfall of statues. They defend statues which celebrate figures symbolising values exactly the opposite of those they support. They talk of a cultural revolution, but dont defend the order the supposed revolutionaries are trying to replace. Their worry is not that anything specific which the statues stood for might be dethroned; it is with the act of dethroning itself, and what conscious change in our public realm might entail.

This only makes sense if, a century after universal suffrage, conservatives are anxious about democratic conversation. If there is, in other words, a deep-rooted authoritarianism in conservative thinking which distrusts popular debate. From the comments of the statue-defenders, this certainly seems the case. Critics argue that those encouraging discussion of statues are accused of playing an irresponsible and dangerous game; dissent pushes us down a slippery slope. For one prominent blogger, protests about statues in Britain threaten the degeneration of our ordered polity into feudal tribalism unless the state adopts a vigorous, violent response. Given the largely peaceful character of protests and the success of the police in maintaining order, these are remarkable statements. They imply the paranoid view that open debate about the destiny of the nation and its heroes will quickly lead to disorder. In fact of course, theres no sign that thats the case.

The statue-defenders claim to defend the nation, but they have a hollow and undemocratic idea of what it is. They do not think we, its citizens, can debate and agree on our moral values, so instead they need to be imposed by an elite. They believe there is no space for reasoned disagreement within the national public. They do not trust people to speak other than through the narrow questions asked in plebiscites. Ultimately, the dictates of order force these fearful conservatives to defend silence in public space.

There are better ways of engaging with our national history than this, and they are being developed in towns and cities throughout Britain, by leaders from all political sides. In less than two months weve seen the debate about who to represent on the empty plinth in Bristol where Thomas Colston once stood; Sadiq Khans review of London statues and the discussion convened by a Conservative councillor in Croydon about imperial street names in Croydon. These, and conversations which will begin over the next months and years show that citizens want a mature and sustained debate about what and who we value in our history, about what we share in common, about which elements of the past we can celebrate and which move beyond or challenge.

Contrary to the fears of frightened Conservatives, we are capable of reaching a consensus about whose image should stay and who should go. The question is not whether each individual was morally pure, but whether they connect with what we want to celebrate now. My guess is wed keep Churchill and Gladstone, but remove Clive and Baden-Powell. But lets have the debate. If the defenders of silence and opponents of debate dont get their way, the empty plinths which emerge are an opportunity for a national conversation about the relationship between the past and present which is long overdue.

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The statue defenders are the real enemies of free speech - Open Democracy

The Best Way To Stimulate The COVID Economy – Free Speech TV

COVID-19 infected our economy but there is a cure. the best economic stimulus package is the one thing Donald Trump and the Republicans don't want you to know. Thom Hartmann brings you a deep dive into how economies work and how demand drives economies. Fixing our economy is a simple matter of increasing demand, he says.

The Thom Hartmann Program covers diverse topics including immigration reform, government intrusion, privacy, foreign policy, and domestic issues. More people listen to or watch the TH program than any other progressive talk show in the world! Join them.

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The Real War on Free Speech – Jewish Currents

TWO WEEKS AGO, an open letter published in Harpers Magazine and signed by more than 150 public figures, most of them writers or academics, ignited a new round of debate over cancel culture and its discontents. The letter portrayed freedom of expression in the United States as dangerously imperiled: We uphold the value of robust and even caustic counter-speech from all quarters. But it is now all too common to hear calls for swift and severe retribution in response to perceived transgressions of speech and thought. A week later, Bari Weiss, one of the letters high-profile signatories, resigned her position at the New York Times op-ed desk and self-published her resignation letter. Echoing the Harpers letter, Weisss statement decried an increasingly illiberal environment in public discourse writ large and at the Times in particular. She wrote that her colleaguesand the publichave become unwilling to accommodate views that dont adhere to the new orthodoxy.

Yet, as some critics have noted, Weiss has a long history of claiming to support free speech while trying to curtail the speech of Palestinian rights advocates, from her college days through her years at the Times. And she is not the only signatory of the Harpers letter who has sought to silence those with whom she disagrees. Cary Nelson, professor emeritus at the University of Illinois, is a prominent opponent of the Boycott, Divestment, and Sanctions (BDS) movement and has written extensively about the need to combat anti-Zionist scholarship in the name of academic freedom.

These figures attempts to shut down speech while advocating for free speech are certainly hypocritical. But more importantly, their failure to recognize the tension between their free speech advocacy on the one hand, and their pro-Israel advocacy on the other, reveals an unwillingness to reckon with the relationship between speech and power. What [the Harpers] letter is missing is the power dynamics, said Radhika Sainath, a senior staff attorney at Palestine Legal, where she oversees the nonprofit organizations casework on free speech, academic freedom, and censorship. The real problem is the problem of the state coming down on people who are speaking out on Israel/Palestine.

Weiss and Nelson not only rigorously police the boundaries of acceptable discourse while simultaneously lamenting that the boundaries have become too narrow; they do so with far more cultural, financial, and even governmental support than the Palestinian rights advocates they seek to silence or the Black Lives Matter activists whose perceived excesses they lament. What their exclusive focus on the boundaries of acceptable debate obscures is the very real threats to political speech in the USespecially speech in support of Palestinian rightsand how their own efforts give rhetorical cover to those threats.

For more than a decade, Israel-advocacy organizations have employed the rhetoric of free speech and academic freedom to shut down criticism of Israeli government policies in the public sphere, and especially on university campuses. Through accusations of incivility or insufficient objectivity, these organizations and those who work with them have attempted to and at times succeeded in blocking hires, denying tenure, and even getting people fired. Now, with backing from the Trump administration, this crusade against support for Palestinian rights has morphed from an effective public relations strategy, which relied on public pressure for results, into a concrete framework for government assaults on free speechfrom the anti-BDS laws sweeping state legislatures to the executive order designating criticisms of Israeli government policy as forms of anti-Jewish discrimination.

Using a tactic perfected by Israel-advocacy groups like the Lawfare Project, which have been spearheading this legal campaign, both Weiss and Nelson have long framed their own Israel-advocacy efforts as attempts to protect free speech, rather than to limit it. As an undergraduate at Columbia University in the mid-aughts, Weiss co-founded a group named Columbians for Academic Freedom; supported by outside Israel-advocacy organizations like the David Project and Campus Watch, it claimed that combatting a supposed anti-Israel bias in the Middle East and Asian Languages and Cultures (MEALAC) department would lead to a freer academic climate. In a 2018 Twitter thread, Weiss said that she never advocated for any professors to be fired while in college and that she had simply exercised her own right to free speech. However, Columbians for Academic Freedom did demand that the administration change the departments curriculum and make it easier to file complaints against professors, measures that would have affected certain scholars responsibilities and duties, as well as their future job prospects. The New York Civil Liberties Union said that the students crusade jeopardized academic freedom.

As an undergraduate, Weiss also asked for invitations to controversial speakers to be rescinded. In one case, she wrote an op-ed for The Columbia Spectator about a proposed event featuring then-President of Iran Mahmoud Ahmedinijad, arguing that condoning hate is not an academic exercisethe same argument that campus activists often make today when advocating against invitations to controversial speakers, and which Weiss often criticizes. (Weiss did not respond to requests for comment for this article.)

Cary Nelson, an outspoken opponent of the BDS movement in academia, has also justified his activism on the grounds that it bolsters academic freedom. Nelson defended the University of Illinois trustees 2014 decision to deny tenure to Palestinian-American scholar Steven Salaita, and he has written extensively about what he sees as the pernicious effects of anti-Zionist scholars on the academic climate. In his articles and booksmost recently Israel Denial: Anti-Zionism, Anti-Semitism & the Faculty Campaign Against the Jewish State (2019)Nelson charges that prominent anti-Zionist academics, such as Jasbir Puar, Saree Makdisi, and Judith Butler, have engaged in pseudo-scholarship, and that the ferocity of anti-Zionist convinction in their books and essays unfortunately means that they often cross the line to anti-Semitism. In a related essay titled The Devils Intersectionality: Contemporary Cloaked Antisemitism, Nelson argues that these anti-Zionist scholars, alongside the BDS movement, are making rational dialogue impossible. For Nelson, its not only these scholars alleged antisemitism that threatens academic freedom but their lack of objectivity and irrationality. In an interview last week, Nelson said he thinks anti-Zionism is a political perspective that people have a right to. But, he added, I think they can still be judged about whether they are rational, if their politics carries over into their teaching and research.

This line of argument is a common one. Accusations of insufficient objectivity or rationality are often wielded against Palestinian, Arab, and anti-Zionist scholars, especially those whose work relates to Israel/Palestine, as a way to silence them, framing political grievance as concern for academic standards. In 2007, for instance, Palestinian American anthropologist Nadia Abu el-Haj won a bitter battle for tenure at Barnard College after an intense alumni campaign attempted to discredit her work, including her book Facts on the Ground, which explored how Israel uses archaeology in order to bolster its exclusive claim to territory in Israel/Palestine. Weiss complained about Abu el-Hajs tenure in an op-ed for Haaretz, framing her concern as an objective evaluation of Abu el-Hajs scholarship rather than a political disagreement. This is not just another round between the Zionists and the anti-Zionists, she wrote. This is about the nature of truth, and the possibility of, well, facts themselves.

But who gets to be objective, and who does not, is a function of power; it is, in other words, political. In light of the significant power differentials between Israel-advocacy organizations and grassroots Palestinian rights activists, its hardly surprising that strong political commitments are almost never disqualifying for Zionist academics, or that Zionist academics ability to be rational is rarely systematically questioned like that of their Palestinian, Arab, and anti-Zionist peers. Nelson himself has clear ideological commitmentsthe final chapter of Israel Denial is devoted to A Proposal to Rescue the Two-State Paradigm. Yet Nelson does not see his own Israel advocacy or his commitment to a two-state solution as a sign that he lacks the necessary distance or objectivity to participate in scholarly debate. Likewise, at Columbia, Weiss argued that professors in the MEALAC department lacked the requisite objectivity to teach and imbued their learning environment with incivility. Yet her side had its own ideological agenda and its own disruptive tactics. A Columbia University panel convened to assess the charges levied by Weisss group found no evidence that any professors had issued antisemitic statements; it did find, however, that pro-Israel students had heckled professors during classes and lectures on Middle East studies and were partially to blame for a lack of civility on campus.

The Harpers letter signatories are not wrong that there is a war on political speech in the US. But its not the one most of them have in mind. It is, instead, the one in which Weiss, Nelson, and other anti-BDS partisans are active participants, fighting on the rhetorical front in tandem with a well-funded, state-aligned apparatus working to make support for BDS and anti-Zionism not only unacceptable but illegal. They have already won significant victories. Across the US, 32 states have enacted legislation banning or restricting boycotts in support of Palestinian rights. In North Carolina, the federal government threatened to defund the joint Duke-UNC Middle East studies consortium after Israel-advocacy groups complained about the speakers at an academic conference on Gaza. The US governments adoption of the controversial International Holocaust Remembrance Alliance (IHRA) definition of antisemitismwhich equates anti-Zionism with antisemitism and designates criticism of Israeli policy as forms of anti-Jewish discrimination under Title VIhas emboldened an entire network of Israel-advocacy groups that file legal complaints against Palestine-related events on campuses, sometimes even before they have happened.

What the free speech and cancel culture discourse advanced by the Harpers letter obfuscates, then, is how signatories like Weiss and Nelson use that rhetoric in political struggles with very real, material consequences. Indeed, while the letters signatories locate cancel culture in the virtual realm of social media, conjuring the image of the mob, Israel-advocacy organizationsincluding those that Weiss and Nelson have worked withare using terms like free speech and academic freedom to shut down real-life events on university campuses and to turn the legal apparatus of government against supporters of Palestinian rights.

Mari Cohen is an assistant editor at Jewish Currents.

Joshua Leifer is an assistant editor at Jewish Currents.

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The Real War on Free Speech - Jewish Currents

Rayhan’s arrest violates free speech rights: HRW – United News of Bangladesh

Criticising Bangladeshi migrant worker Mohammad Rayhan Kabirs arrest by the Malaysian authorities, Human Rights Watch on Wednesday said the authorities should immediately release him and reinstate his work permit.

The Malaysian authorities arrest of Rayhan who was featured in an Al Jazeera documentary was clear retaliation for his criticism of government policies towards migrants, said a HRW statement published in its website.

The authorities arrested Kabir on July 24, 2020 and ordered his detention for 14 days for investigation.

The director-general of immigration announced that Kabir will be deported and blacklisted from entering Malaysia forever. It is not clear whether he will also face criminal charges.

The Malaysian authorities actions against Kabir send a chilling message to all migrant workers that speaking out about rights abuses risks arbitrary arrest, deportation, and blacklisting, said Phil Robertson, deputy Asia director.

The arrest of a source in a documentary adds to the devastating assault on free speech and media freedom in Malaysia.

Kabir was featured in an Al Jazeera documentary that aired on July 3 about the treatment of migrant workers in Malaysia during the Covid-19 pandemic lockdown.

The government targeted both Kabir and Al Jazeera, with the news agency now facing potential charges of sedition, defamation, and violation of the Communications and Multimedia Act. Al Jazeera is also facing charges that it failed to obtain a license to make the film in an unprecedented use of Malaysias outdated National Film Development Corporation Act.

On the day of his arrest, Kabir wrote to a journalist saying, I did not commit any crime. I did not lie. I have only talked about discrimination against the migrants. I want the dignity of migrants and my country ensured. I believe all migrants and Bangladesh will stand with me.

Kabirs treatment by the authorities has raised important due process concerns, Human Rights Watch said.

After the documentary aired, the authorities widely circulated a search notice that included his photo, name, and address, putting him at risk in an environment increasingly hostile to migrants.

A few days later, the inspector-general of police announced to the media that the immigration department had revoked Kabirs work permit.

This, along with the announcement that he would be deported and blacklisted, was made without Kabir receiving notice or having an opportunity to be heard.

The governments public attacks on Kabir, at a time of rising xenophobia in Malaysia, serve to fan the flames of intolerance, Human Rights Watch said.

International human rights protections normally apply to non-nationals as well as citizens, including the rights to freedom of expression and due process.

The arrest of Kabir and investigation of Al Jazeera are part of a larger crackdown on freedom of expression and media freedom in the country, with numerous journalists, civil society activists, and ordinary citizens facing investigation and prosecution for speech critical of the government.

Speaking to the media about the treatment of migrant workers is not a crime, nor is reporting on such abuses, Robertson said.

The Malaysian government should release Kabir and engage with the criticism to improve respect for human rights in the country.

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Rayhan's arrest violates free speech rights: HRW - United News of Bangladesh

The Protean Progressive Free Speech Clause – Forbes

13th November 1953: Members of Supreme Court. Seated, Felix Frankfurter (far left) and William O ... [+] Douglas (far right). Standing, Robert H. Jackson (second from left). (Photo by George Tames/New York Times Co./Getty Images)

Felix Frankfurter was a man of the Left. He wrote often for The New Republic, and he helped found the ACLU. He lobbied the United States to recognize the Soviet Union during the Russian Civil War. He was the foremost proponent of a new trial for the anarchists Sacco and Vanzetti.

While Frankfurter was agitating and organizing as a professor at Harvard Law School in the 1910s and 20s, the Supreme Court was striking down state licensing requirements, consumer-protection rules, and wage-and-hour laws. Like many on the Left of that day, therefore, Frankfurter believed in judicial restraint. Justice Louis Brandeis captured the contemporary progressive attitude in a 1932 dissent. It is one of the happy incidents of the federal system, he wrote, that a single courageous state may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.

Brandeiss great ally on the court was Justice Oliver Wendell Holmes, Jr. It was not progressive principle that made Holmes a restrained judge; it was a bullet in the neck in the Civil War. What damned fools people are who believe things, he once told the socialist professor Harold Laski. Although he said it of a pacifist in a case before the court, the line captures how he saw most things, including judging. Oddly enough, the idealistic Frankfurter worshiped the cynical Holmes. A justice willing to uphold social legislation he thought pointless, even ridiculous, was in Frankfurters eyes the pattern of a sound judge. This might explain why Frankfurters own judicial principles would remain fixed as times changed.

And change they did. Frankfurter became a justice in 1939. The next year, on behalf of an 8-1 majority of the court, he declared that the First Amendment has nothing to say about the expulsion from school of Jehovahs Witnesses who refuse to pledge allegiance to the flag of the United States. Local governments must, Frankfurter thought, have the authority to safeguard the nations fellowship. Just three years later, however, in West Virginia State Board of Education v. Barnette (1943), the court voted 6-to-3 to overturn Frankfurters opinion. If there is any fixed star in our constitutional constellation, Justice Robert Jackson wrote for the majority, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.

Now in dissent, Frankfurter fumed about judges who write their private notions of policy into the Constitution. It must be remembered, he wrote, quoting Holmes, that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts. True, but not a very compelling point in a case about forcing schoolchildren to swear an oath against their (and their parents) will.

Shortly after the First World War, in fact, Holmes had started to take a more expansive view of the Free Speech Clause. When men have realized that time has upset many fighting faiths, he explained in dissent in Abrams v. United States (1919), they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas. When it came to free speech, Holmes could use his old philosophical skepticism to justify a new judicial assertiveness. His pivot was driven in part by distress at the persecution Frankfurter and Laski suffered at Harvard for their radical views. Yet Frankfurter himself remained in awe of the Holmes who told Laski, just a year after Abrams, that if the people want to go to hell, a judges job is to help them along.

Frankfurter clashed often with a group of justices, led by William Brennan and William Douglas, who placed little stock in text, precedent, or history. This activist wing became increasingly dominant. Frankfurters hour was pastor, rather, had never come. When Brennan, writing for the court in Baker v. Carr (1962), overturned a raft of precedents on the way to declaring that legislative redistricting decisions can be challenged in court, Frankfurter issued a long and bitter dissent, suffered a stroke, and retired.

Frankfurter complained that the courts hard left produced opinions that were shoddy and result-oriented. He might have added anarchic. In 1968 a man wore a jacket emblazoned with the words F*** the Draft in a courthouse. He was arrested and prosecuted for disturbing the peace ... by offensive conduct. In his final months on the court, John Marshall Harlan wrote the decision in the mans appeal. An heir, in many ways, of Holmes, Brandeis, and Frankfurter, Harlan set a trend for many later conservative justices by evolving on the bench. His opinion in Cohen v. California (1971) declared the protester's conviction inconsistent with the First Amendment.

Because the offensive-conduct statute applied throughout the state, the defendant, Harlan concluded, was not on notice that certain kinds of otherwise permissible speech or conduct would ... not be tolerated in certain places. Harlan dodged the key questionwhat counts as offensive conduct in a courthouseby denying that the law can turn on context or matters of degree. Having thus oversimplified the case (and infantilized every citizen), he was free to ask simply whether a state may ban the use of expletives in public. At that point he could at least have knocked down his straw man with a straightforward no. Instead Harlan offered a paean to vulgar relativism, a tract now remembered mainly for the assertion that one mans vulgarity is anothers lyric. As Robert Bork noted in The Tempting of America, that statement is a challenge to all laws on all subjects. After all, one mans larceny is anothers just distribution of goods.

Does Cohen remain a totem of left-wing free-speech jurisprudence? The courts progressives seem to have reversed gear. Take the courts decision earlier this month in Barr v. American Association of Political Consultants Inc. The Telephone Consumer Protection Act bans almost all robocalls to cell phones. The Act contains an exception for robocalls that seek to collect a debt owed to the federal government. At issue in Barr was whether this carveout violates the First Amendment. While acknowledging that robocalls are widely despised, the court concluded, by a vote of 6-to-3, that the government nonetheless may not engage in content-based discrimination, baselessly favoring some robocalls over others.

Writing for himself and Justices Ginsburg and Kagan, Justice Breyer argued in dissent that robocalls are not vital to core First Amendment objectives, such as protecting peoples ability to speak or to transmit their views to government. Congress, in Breyers view, should have greater leeway to impose ordinary regulatory programs that pose little threat to the exchange of thought. Maybe sobut this is not the outlook on display in Cohen. Say the government prohibits writing political statements on tax returns. According to the Barr dissent, it is hard to imagine that such a rule would threaten political speech in the marketplace of ideas. Dont count on the wing of the court that let a man say F*** the Draft in a courthouse in 1968 to let you say F*** Taxes on a tax form today.

Why has the courts left wing lost its enthusiasm for free-speech absolutism? One factor is the emergence on the court of a right wing that upholds the free-speech rights of corporations. No longer the only ones patrolling constitutional boundaries, the progressives are more careful about loose rights talk.

Another factor might soon come to the fore. If the Left conquers American culture, sheds liberal values, and becomes a force for conformity, will the progressive justices shift in turn? In the case of a child expelled from school for refusing to acknowledge, and renounce, her privilege, would they chastise the wielders of power and discuss the fixed star in our constitutional constellation? Or would they gain a new understanding of Justice Frankfurters belief in the value of making parents accept the training of [their] children in good citizenship? In the appeal of a man charged with offensive conduct for wearing, amid a hostile crowd, a jacket maligning political correctness, would they use Cohen to lecture the easily offended about simply avert[ing] their eyes to avoid further bombardment of their sensitivities? Or might they suddenly see wisdom in the Cohen dissenters claim that absurd and immature antic[s] are conduct rather than speech?

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The Protean Progressive Free Speech Clause - Forbes

‘Wall of vets’ join Portland protests to protect free speech – Business Insider – Business Insider

A wall of veterans joined the front lines of protests in Portland, Oregon on Friday to support demonstrator's rights to free speech, Mike Baker of the New York Times reported.

The "Wall of Vets" joins other groups that have joined together to protect protesters, including "Wall of Moms" and "Wall of Dads."

The veterans lined up together in front of a fence outside the federal courthouse, the Times reported. They stayed there until tear gas broke up the crowd.

Twitter

There have been ongoing protests in Portland for two months since the death of George Floyd in Minneapolis in May. In the last two weeks, protesters have clashed with federal agents deployed by President Donald Trump to quell the protests over police violence.

Local officials including Portland's Mayor Ted Wheeler and Oregon Gov. Kate Brown have called for the federal agents to leave the city, saying actions including use of tear gas, force, and pulling protesters into unmarked vans is making things worse.

In one incident, federal agents hit Christopher J. David, a navy veteran, with a baton and sprayed him with pepper spray after he asked them if they felt their actions violated the constitution, the Times reported.

The incident was one of the reasons the wall of veterans was motivated to form, Duston Obermeyer, a Marine Corps veteran, told the Times.

Early Sunday, the police declared a riot in downtown Portland after protesters toppled a fence surrounding the federal courthouse during a night of protests. Federal agents then "deployed multiple rounds of tear gas," The Oregonianreported.

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'Wall of vets' join Portland protests to protect free speech - Business Insider - Business Insider