Iraq War Diaries at Ten Years: Truth Is Treason – River Cities Reader

The purpose of journalism is to uncover truth especially uncomfortable truth and to publish it for the benefit of society. In a free society, we must be informed of the criminal acts carried out by governments in the name of the people. Throughout history, journalists have uncovered the many ways governments lie, cheat, and steal and the great lengths they will go to keep the people from finding out.

Great journalists like Seymour Hersh, who reported to us the tragedy of the Mai Lai Massacre and the horrors that took place at the Abu Ghraib prison in Iraq, are essential.

Ten years ago last week, Julian Assanges Wikileaks organization published an expos of U.S. government wrongdoing on par with the above Hersh bombshell stories. Publication of the "Iraq War Diaries" showed us all the brutality of the U.S. attack on Iraq. It told us the truth about the U.S. invasion and occupation of that country. This was no war of defense against a nation threatening us with weapons of mass destruction. This was no liberation of the country. We were not bringing democracy to Iraq.

No, the release of nearly 400,000 classified US Army field reports showed us in dirty detail that the U.S. attack was a war of aggression, based on lies, where hundreds of thousands of civilians were killed and injured.

We learned that the U.S. military classified anyone they killed in Iraq as enemy combatants. We learned that more than 700 Iraqi civilians were killed for driving too close to one of the hundreds of U.S. military checkpoints including pregnant mothers-to-be rushing to the hospital.

We learned that U.S. military personnel routinely handed detainees over to Iraqi security forces where they would be tortured and often killed.

Ten years after Assanges brave act of journalism changed the world and exposed one of the crimes of the century, he sits alone in solitary confinement in a U.K. prison. He sits literally fighting for his life, as if he is successfully extradited to the United States he faces 175 years in a supermax prison for committing espionage against a country of which he is not a citizen.

On the Iraq war we have punished the truth-tellers and rewarded the criminals. People who knowingly lied us into the war like Dick Cheney, George W. Bush, the Beltway neocon experts, and most of the media, faced neither punishment nor professional shaming for their acts. In fact, they got off scot free and many even prospered.

Julian Assange explained that he published the Iraq War Diaries because he hoped to correct some of the attack on truth that occurred before the war, and that continued on since that war officially ended. We used to praise brave journalists not afraid to take on the bad guys. Now we torture and imprison them.

President Trump has made a point of singling out the U.S. attack on Iraq as one of the stupid wars that he was committed to ending. But we wouldnt know half of just how stupid and evil it was were it not for the brave actions of Julian Assange and whistleblower Chelsea Manning. Journalism should not be a crime and President Trump should pardon Assange immediately.

For more Julian Assange articles in the Reader, visit RCReader.com/tags/assange.

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Iraq War Diaries at Ten Years: Truth Is Treason - River Cities Reader

Julian Assange will learn on January 4 whether he will be sent to US – MSN UK

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WikiLeaks founder Julian Assange will find out on January 4 whether he will be extradited to the US to facecharges that could see him jailed for 175 years.

Assange, 49, faces 18 charges including a plot to hack computers and conspiracy to obtain and disclose national defence information.

He is said to have plotted with defence analyst Chelsea Manning to crack an encrypted password on US Department of Defence computers.

The 49-year-old faces up to 175 years in prison if convicted of espionage offences in the US.

Australian-born Assange has been fighting extradition since April 2019, he was when he was carried out of the Ecuadorian Embassy in London afterEcuador revoked his asylum status.

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District Judge Vanessa Baraitser has reserved judgement after hearing dozens of witnesses called by Assanges legal team in a bid to persuade her to block his extradition.

Appearing via video-link from HMP Belmarsh, Assange spoke to confirm his name and date of birth.

Edward Fitzgerald QC, for Assange, said: This is just a caller over, we are in contact with Judge Baraitser about the timetable. I think that she is dealing with that.

On behalf of Mr Assange there are no submissions.

Last month the Old Bailey was told Assange faces a fate worse than death if extradited to the US and could live out his years in isolation in maximum security ADX Colerado jail.

Senior District Judge Tan Ikram, standing in for Judge Baraitser at Westminster Magistrates Court today, said: I am going to adjourn this case. I will re-list the matter for 26 November and Mr Assange shall remain in custody until then.

He confirmed judgement would still be given on 4 January 2021.

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Julian Assange will learn on January 4 whether he will be sent to US - MSN UK

The WSWS and the fight to free political prisoners – WSWS

The WSWS is beginning to publish the speeches delivered by leading members of the ICFI and contributors to the WSWS at the online rally held October 25 to welcome the relaunching of the WSWS that began with the postings of October 2, 2020. The remarks below were given by Oscar Grenfell, a member of the Socialist Equality Party (Australia) national committee.

The relaunch of the WSWS is a major advance in the struggle to unify the working class internationally. This site will politically educate workers and young people around the world and mobilise them in the fight to end capitalism amid its deepest crisis since the 1930s.

The ruling elites are responding to growing working class opposition with the blunt instruments of repression. The past year has witnessed brutal attacks on rallies against police violence internationally; snatch squads grabbing demonstrators off the streets of Portland and other American cities; a bloody crackdown on protesters in Nigeria, and a turn to authoritarianism from India, to Brazil and the United States.

In this situation, the WSWS plays the decisive role in the fight against state attacks, frame-ups and in the struggle to free political prisoners.

The World Socialist Web Site is the tribune of the people, described by the great Russian revolutionary Vladimir Lenin some one hundred years ago. It responds, to use Lenins words, to Any and every manifestation of police tyranny and autocratic outrage. It spearheads the defence of journalists, publishers, political dissidents and workers who come under attack.

This is what the WSWS has done in the fight to free WikiLeaks publisher Julian Assange. For the past decade, we have refuted all the lies peddled by the intelligence agencies, the corporate media and the pseudo-left, to undermine support for Assange.

He sits in a London jail cell as we meet now, and faces life in a US supermax prison. His offense was exposing the war crimes, coups and sordid intrigues of the imperialist powers.

The defence of Assange, and courageous whistleblowers like Chelsea Manning and Edward Snowden, depends on the mobilisation of the working class. The fight for democratic rights can only go forward in a struggle against capitalism and the ruling class plans for dictatorship.

The attempt to prosecute Assange is not only an assault on press freedom. Its purpose is to intimidate the emerging movement of the working class, and create a precedent for far broader victimisations.

These dangers have already been revealed in the plight of 13 workers leaders from the Maruti Suzuki car plant in Manesar, India. They have been imprisoned in tortuous conditions since 2012.

The workers had led a fight against the poverty wages, sweatshop conditions and precarious contracts in the Indian auto industry. They were then framed by the company, the state and national governments and the courts, for a fire at their facility in 2012. Initially facing the death sentence, they now confront spending the rest of their lives in prison, for the crime of fighting for the interests of the working class.

Despite the different circumstances, there are clear parallels between the case of Assange and the Maruti Suzuki workers. Both have been subjected to a torrent of lies and slanders by the authorities and the corporate press. Both have been abandoned by the trade unions, the official political parties and the pseudo-left. And it is the WSWS that has taken a lead in the fight to free Assange, and the Maruti Suzuki workers, as part of our struggle to mobilise the working class.

The relaunch of the WSWS creates the conditions for these struggles to be expanded.

The WSWS brings forward the entire heritage of the socialist movement, including its great struggles in defence of political prisoners. This includes the Dreyfus case in France at the turn of the 20th century, the fight against the frame-up of Sacco and Vanzetti in 1920s America, and the struggle to defend our Sri Lankan comrades against attacks by the military and government. We call on everyone watching today to join us in this fight for democratic rights and socialism.

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The WSWS and the fight to free political prisoners - WSWS

While We All Sleepwalk Into A Human Rights Vacuum, The United Nations Is Facing Its Moment Of Truth – New Matilda

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Humankind has faced greater challenges than the COVID-19 crisis. Indeed, we were already confronting a few of them as the world started to lockdown earlier this year. Now, more than ever, is the time we need a United Nations of purpose and resolve, writes Dr Lissa Johnson.

During his speech at the opening of this years session of the UN General Assembly (GA), the Secretary General, Antonio Guterres, described a world turned upside down. He told attendees that, the pillars of our world wobble on already shaky footings. Those who built the United Nations 75 years ago had lived through a pandemic, a global depression, genocide and world war. Today, he said, we face our own 1945 moment.

Outside, in the populations that the UN exists to serve, poverty and child malnutrition are predicted to double in the wake of coronavirus restrictions, 79.5 million people are displaced by violence and persecution, 37-59 million of them by the War on Terror alone, and arms control agreements fail as economic depression looms. Against that backdrop, the UNs mission to improve the worlds welfare and security is perhaps more urgent, and more pressing, for more people in more corners of the globe, than ever.

Lofty ambitions

As the UNs primary policy-setting body, the GeneralAssembly determines how the UN will tackle some of humanitys most pressingproblems, including achieving greater peace and security, protection of humanrights, disarmament and economic welfare. One of its primary policy initiativesfor addressing current global governance challenges are the UNs 2030 SustainableDevelopment Goals, also known as the 2030 Agenda, which seek to end poverty andworld hunger, and promote safe, peaceful, equitable and sustainable societies forall.

According to a2015 resolution adopted at the 70th UNGA, the new Agendarequires a revitalised Global Partnership to ensure its implementationbringing together Governments, the private sector, civil society, the UnitedNations system and other actors and mobilizing all available resources.

Such a humanitarian Global public-private Partnership was, of course, ambitious even in 2015. Now, with the global economic and social fabric tearing under COVID-19, precisely how the private sector, governments and civil society might merge to mobilise all available resources is up for grabs, quite literally.

The pandemic has facilitated what has been described as oneof the greatest wealth transfers in history, with the US Government pouring$4.5trillion of COVID relief into corporations and big banks, seeing USbillionaires fortunes soarby $565 billion during the first 11 weeks of the pandemic, while42.6 million Americans found themselves unemployed.

What will become of the UNs vision for economic andhuman welfare amidst such a steep rise in economic inequality, with its corrosiveimpact on health and human rights?

As Guterres stressed, COVID-19 has laid bare the worlds fragilities,including rising inequalities rampant corruption and dangerous new threatsto human rights The pandemic has exploited these injustices, preyed on themost vulnerable and wiped away the progress of decades.

In response, will transnational corporate interests continueseizing the disaster-capitalist moment, and capture the levers of global power withinvigorated zeal?

In the United States, for instance, COVID-19 vaccinedevelopment is taking place in secret, outside the usual oversight mechanisms, aspart of a collaborationbetween defence contractors, military officials and pharmaceutical companieswith poor track records on safety. Why? What has the military, or secrecy, gotto do with peacetime development of medicines and vaccines?

While the world grapples with improving health outcomes across the board, is the militarisation of for-profit medicine really a good idea? What are the broader implications for the human right to health?

If a new more humanitarian global arrangement is to emerge, the 2030 Agenda stressed that the world will require an efficient and effective United Nations system. Clearly, if ever there was a time to take stock of the United Nations system, that time is now. If ever there was a critical moment at which to review and strengthen the global mechanisms for protection and enforcement of human rights, that moment has arrived.

Getting real

The enormous gulf between the pressing need for globalpolitical leadership and governments failure to rise to the challenge becamepainfully obvious at the October 15th meeting of the UNGA Social, Humanitarian & CulturalCommittee, where the UNSpecial Rapporteur on Torture, Professor Nils Melzer, rang the alarm bell. Hesaid, Today, 75-years after the establishment of the United Nations tortureand ill-treatment continue to be practiced with impunity throughout the world.(0:53:00)

Practiced with impunity? Throughout the world? Why?

The stark discrepancy between the universal prohibitionand the worldwide complacency with such abuse is not a singular phenomenon,Melzer explained, but highlights a more generalised gap between the declaredambitions and the actual practice of human rights protection. In fact, thepersistent failure of the international community to eradicate torture andill-treatment exemplifies the broader incapacity of contemporary governancesystems to fulfil the promises of the UN Charter, the Universal Declaration ofHuman Rights, and the 2030 Agenda for Sustainable Development.

Incapacity of contemporary governance systems?Complacency worldwide? After 75 years?

Its a sobering reality the Rapporteur observed.

But with the worlds best legal and human rights minds comingtogether at the UN, year after year, decade after decade, one is tempted toask: What is going on? What have they been doing all this time? What is wrongwith their normative frameworks and enforcement mechanisms that the best theycan achieve after 75 years is complacency with torture? Worldwide.

Nothing, according to Melzer. He added that the rootcause is not a lack of expertise, resources or normative consensus.

What is it then? Bad actors? Psychopathic leaders? Rottenapples? Trees? Orchards?

Nor [is it]generalised malicious intent, he said.

Then what?

To address that question, the UN Special Rapporteur answeredthe UN Secretary Generals callfor the international community, to be guided by science and tethered to realityduring this foundational moment.

Theroot cause, Melzer explained, resides not in bureaucratic incompetence nor generalisedmaliciousness, but in the science of human psychology and decision-making.

In his UNGA report, titled Biopsychosocial factors conducive to torture andill-treatment,the Rapporteur wrote, Inspired by the theories of the Age ofEnlightenment in the eighteenth century, modern statehood, political theoryand governance systems are founded upon the presumption of rational decision-making based on an innate orlearned moral framework.

That presumption, however, is wrong. It is perhaps asuseful to modern statehood as bloodlettingand blowing smoke would be to modern medicine.

The report continues, Although humans are endowed with reason incontrast to traditional presumptions of rationality and morality, modernscience has demonstrated that, in reality, human decision-making is guidedpredominantly by unconscious emotional processes pursuing the fulfilment ofbasic human needs.

Okay, sure. But what has that got to do with modernstatehood and governance? Or worldwide complacency over human rights?

In his 25-page report, Nils Melzer explained that humannature, human neurobiology and human social psychology render all of usinherently and inescapably susceptible to patterns of moral disengagement,involving psychological blind-spots to our own atrocities and misdeeds.

When faced with unwelcome information such as evidence ofhuman rights violations, bothperpetrators and bystanders tend to suppress the resulting moral dilemmasthrough largely unconscious patterns of self-deception and denial.

These patterns of self-deception, Melzer wrote, Severely impair the ability and willingness of political leaders, judges, officials, the media and even the general public to accurately perceive and act upon allegations of official misconduct. This, he stressed, can corrupt and neutralise even sophisticated frameworks for the prevention and prosecution of torture and ill-treatment, thus producing the current worldwide prevalence of complacency and impunity.

A Reality Show ofSelf-Deception

The UN Rapporteurs statement to the UNGA was followed byquestions and comments from State representatives, which doubled as anuncannily convincing reality-show demonstrating the very processes that Melzerhad described.

Most strikingly, after thanking the Special Rapporteur, the representative of the United States observed (1:17:25), We take this opportunity to register our categorical rejection of torture and cruel, inhuman or degrading treatment and punishment. The human rights enshrined in our founding documents abhor the notion of torture in any form. Americas values are universal values, and they are based on the sanctity and protection of individual rights.

This, of course, is the same America that illegally tortured suspects in secret CIA torture black-sites around the globe, as exposed in a 6,700-page Senate Intelligence Committee report. The clandestine US torture program entailed an 81 million dollar contract with psychologists, whose task it was to design innovative forms of torture on behalf of the US state, such as rectally force feeding victims with hummus, pasta and nuts and sexually assaulting them with broomsticks, as well as more traditional forms of brutality including slamming victims into walls, stringing them up naked and threatening to harm their children and rape their mothers, or slit their mothers throats in front of them.

Many of the programs victims were subjected to theinfamous practice of waterboarding, putting them through the agony ofdrowning to the point of unconsciousness and then resuscitating them just to doit again, up to 183 times.

The US UNGA representative continued, The United Statesplayed a leading role in enacting the Convention Against Torture, and we remaintrailblazers in the campaign to end torture and related practices worldwide.

This is also the same America responsible not only for secrettorture black sites, but for torture at Abu Ghraib and Guantanamo Bay, all facilitatedby governmentmemos denying victims the protections of the Geneva Convention. It is thesame America that hosts blatantly inhumane detention conditions at USSupermax facilities and elsewhere.

The US President, moreover, has publicly endorsedwaterboarding and said that tortureworks.

The US representative went on, We are staunch advocatesfor the victims of torture No society can be free, nor any individual secure,when torture is permitted.

Which does not augur well for freedom and security onAmericas watch. The only people prosecuted for the US policy of torture werethose who informed the public of the states crimes, such as John Kiriakou,Chelsea Manning and Julian Assange. The ones who participated in torture ordestroyed the evidence were promoted, such as Gina Haspel, former commander ofa black site in Thailand and current director of the CIA.

Ironically, the UN Rapporteur on Tortures report, towhich the US delegate was responding, explained that, the most rudimentary manner of avoiding or suppressing moral dilemmasis denial of factBest summarized in the slogan, what must not be, cannot be,denial of fact is a very common reaction of officials, journalists and citizensconfronted with unexpected or unwelcome allegations of serious systemicmisconduct.

Accordingly, in his official dialogue with States the report notes, the Special Rapporteur frequently receives official responses that divert attention through sweeping assurances of the Governments commitment to human rights.

After the US representative had finished divertingattention through sweeping assurances of the US Governments commitment tohuman rights (as did the representative of the UK Government, 1:03:45, i.e, the same Government that has refused toprosecute UK officials who participated in CIA torture and that just passed alaw granting British forces de facto impunityfor torture, murder and other serious crimes committed overseas), the USrepresentative turned his attention to the rest of the world. He admonished othernations to hold violators accountable, reserving special condemnation for threeUS adversaries: China, Belarus and Venezuela.

In his report, the UN Rapporteur noted that anothercommon denial tactic entails making sweepingaccusations against other stakeholders Perceiving torture as less morallywrong when perpetrated by ones own versus another nations security forcesis a documented phenomenon, driven by moral disengagement on group-based,us-versus-them, collectively self-glorifying grounds.

The US representative continued, While we appreciate theSpecial Rapporteurs work, we disagree with many of your reports conclusionsand recommendations, as they relate to lawful US practices that cannot reasonablybe considered torture.

In other words, You call it torture. We call it lawfulUS practices.

An alternative method of moral disengagement, as the Rapporteursreport notes, is to deny not the fact but the wrongfulness of abusive acts. Acommon method by which this is achieved is through trivialization, which begins with the use of euphemistic languageaimed at sanitizing torture and ill-treatment. Common euphemistic labelsinclude enhanced interrogation, deterrence, special administrativemeasures. And, in this case, lawful US practices.

Among the lawful US practices whose wrongfulness the USdelegate denied were the Assange and Manning cases.

Both Assange and Mannings treatment have been found toviolate the Convention Against Torture by various UN human rights mechanisms,including successive Special Rapporteurs on Torture and the Working Group onArbitrary Detention. In Julian Assanges case, that finding was based, in part,on a structured assessment protocol performed by two recognised medical expertsspecialised in the assessment and documentation of torture.

Several other medical experts having personally examinedAssange have independently come to the same conclusion.

Chelsea Manning attempted suicide in March 2020, precipitated by seven years of solitary confinement followed by re-arrest and indefinite coercive detention because of her conscientious objection to testifying against Assange in a Secret Grand Jury, the US equivalent of a political kangaroo court.

In order topreserve a false sense of reality, the UNGA report notes, processes ofself-deception and denial enable theconscious mind to pseudo-rationally dismiss even compelling evidence forserious misconduct. Compelling evidence, for example, such as the medical findingsof subject-matter experts in assessing and documenting torture.

Further evidence in Julian Assanges case includes thefact that the worlds leading rights organisations, from AmnestyInternational to HumanRights Watch to the HumanRights Commissioner (Dunja Mijatovic) and the ParliamentaryAssembly of the Council of Europe have denounced the US persecution ofJulian Assange. The International Bar Association Human Rights Institute has issueda statementcalling his treatment during his US extradition hearing reminiscent of the AbuGhraib prison scandal.

Denial of wrongfulness and dismissal of evidence is facilitatedin Julian Assange and Chelsea Mannings cases by the fact that both individualsrevealed systemic wrongdoing. As Melzers UNGA report notes, when ones societyor group is exposed as morally flawed, the unconscious psychological impulse isto shoot the messenger, known as derogation of moral advocates.

Psychologically, demonising moral advocates enables the confrontinginformation to be suppressed, discredited or denied. In other words, as long aswe regard Manning as a traitor and Assange as a spy and a hacker, rapist, andnarcissist, just to make sure he is well and truly demonised we can avoiddiscussing the crimes and corruption they have exposed. We can keep foolingourselves into thinking that our Government still loves and protects us, thatour militaries are still the good guys and that it was theRussians, not our ownpoliticians, who manipulated the 2016 (and now2020) presidential elections.

The Special Rapporteurs report notes that rather thanabsorb such evidence of moral failing, a human knee-jerk response is to instead, question the motivations andintegrity of moral advocates making, transmitting or investigating theincriminating allegations. Accordingly, another ubiquitous response to allegationsof torture and ill-treatment involves, discrediting,demonizing or blaming victims, witnesses, critics and other moral advocates.Such as human rights defenders, whistleblowers, journalists and publishers.

But it is at this point that those of us reading aboutthese matters must shift our focus from the UNGA to ourselves. As Nils Melzertold his UN colleagues, We are allsusceptible to these patterns in the face of unwelcome information regardlessof our education, our status or our morality.

Melzers report emphasises that bystander complacency caused by wilful ignorance represents a significant obstacle to the effective investigation, prosecution and punishment of torture and ill-treatment, as well as to redress and rehabilitation. And, crucially: Distorted perceptions of reality resulting from wilful ignorance also routinely render media organizations incapable of objectively detecting and exposing government involvement in torture and ill-treatment, and prevent ordinary citizens from addressing and correcting systemic shortcomings through their democratic rights.

The reality for us bystanders is that Julian Assange has been subjected to a decade-long smear campaign, designed to capitalise on the denialist human impulse to demonise the messenger, thereby fostering passive, silent, bystanding to his torture and abuse. It is our own self-deception and denial as citizens that has facilitated this, as well as the abuse of Chelsea Manning, such that Julian Assanges life now hangs in the balance, along with our own freedom of speech, our own right to know the truth, and our own ability to hold our governments to account.

The existentialrisks of denial

Throughout the UNGAmeeting, the human tendency towards denial of reality was furtherdemonstrated by the representatives of Denmark, the European Union and France,all of whom failed to even register the topic of the Special Rapporteursreport and UNGA address.

Instead, they each expressed their appreciation and askedquestions regarding Professor Melzers previous report on a differenttopic (psychological torture), submitted to a different UN body (the HumanRights Council) at a different time and place (March 2020). What must not be, cannot be so letsjust talk about the weather, shall we?

The Russian representative was the only delegate whoacknowledged having carefully read Melzers report. He dismissed the report,however, as too research based and too far removed from practice, which was interesting,given that the reports practical relevance had just been poignantlydemonstrated by the preceding speakers themselves.

More importantly, the Russian representative was effectively advocating an approach to human rights protection that is divorced from or blind to the empirical scientific research. In other words, he called for business as usual: complacency and impunity, worldwide.

In my official dialogue with states, Nils Melzer toldthe meeting, I routinely encounter all of these patterns of self-deception anddenial.

To learn more about those patterns, and how they obstructenforcement of human rights, you can read the Special Rapporteurs 75thUNGA report here, with recommendationsfor policy and governance reform on p.24.

In summarising his recommendations at the UNGA, Melzertold the delegates, Any global governance system seeking to fulfil thepromises of the universal declaration of human rights, the UN Charter and theSustainable Development Goals for 2030 must be based on a realistic, empiricaland science-based conception of human nature.

The international community, he said, must developframeworks and institutions specifically designed to mitigate the increasinglyexistential risks of human self-deception. Our distorted perceptions are aninherent part of human psychology, he stressed, and therefore should not becondemned, but must be fully acknowledged and appropriately managed, in orderto prevent the widespread corruption, destruction and cruelty which currentlyengulf the entire world.

This applies, he said, not only in the area of humanrights, but also of environmental protection, financial stability, and theprevention of pandemics.

Particularly to the prevention of pandemics. Nothingexacerbates blind spots, self-deception and denial like threat, trauma, panic, anxietyand fear. Such as that engendered by COVID-19.

Under conditions of fear and threat, human beings areprone to becoming particularly blinded, self-deceiving, conformist and obedient.A process called system justification comes into play, whereby the greater thethreats citizens face, and the greater the flaws in the social, political andeconomic systems upon which they depend, the greater their impulse to doubledown on those systems legitimacy, and defend the status quo, through denialand self-deception in all its forms.

So great is the need for certainty, belonging andstability during periods of societal upheaval that the more our social andpolitical systems fail us, the harder we work to preserve our faith in them.

When the pillars of our world wobble on already shaky footings as Antonio Guterreshas observed, reality can become too difficult, emotionally speaking, tosee. Such is the crux, and the challenge, of what he described as our 1945moment.

But is this moment truly akin to 1945? With psychologicaleyes wide open, I fear that we are nowhere near that cathartic turning point ofdisillusionment, truth and vision, from which the UN was born. We appear closerto a moment of 1914 or 1939, complacently sleepwalking into an abyss ofpolitical, economic and social destruction, devolution and cruelty.

Our only hope, it seems to me, is that those ringing the alarm bells, such as Professor Melzer, will be heard, and that they will prove me wrong.

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While We All Sleepwalk Into A Human Rights Vacuum, The United Nations Is Facing Its Moment Of Truth - New Matilda

Ron Paul: ‘Iraq War Diaries’ At Ten Years Truth is Treason – OpEd – Eurasia Review

The purpose of journalism is to uncover truth especially uncomfortable truth and to publish it for the benefit of society. In a free society, wemust be informed of the criminal acts carried out by governments in the name of the people. Throughout history, journalists have uncovered the many ways governments lie, cheat, and steal and the great lengths they will go to keep the people from finding out.

Great journalists like Seymour Hersh, who reported to us the tragedy of the Mai Lai Massacre and the horrors that took place at the Abu Ghraib prison in Iraq, are essential.

Ten years ago last week, Julian Assanges Wikileaks organization published anexposof US government wrongdoing on par with the above Hersh bombshell stories. Publication of the Iraq War Diaries showed us all the brutality of the US attack on Iraq. It told us the truth about the US invasion and occupation of that country. This was no war of defense against a nation threatening us with weapons of mass destruction. This was no liberation of the country. We were not bringing democracy to Iraq.

No, the release of nearly 400,000 classified US Army field reports showed us in dirty detail that the US attack was a war of aggression, based on lies, where hundreds of thousands of civilians were killed and injured.

We learned that the US military classified anyone they killed in Iraq as enemy combatants. We learned that more than 700 Iraqi civilians were killed for driving too close to one of the hundreds of US military checkpoints including pregnant mothers-to-be rushing to the hospital.

We learned that US military personnel routinely handed detainees over to Iraqi security forces where they would be tortured and often killed.

Ten years after Assanges brave act of journalism changed the world and exposed one of the crimes of the century, he sits alone in solitary confinement in a UK prison. He sits literally fighting for his life, as if he is successfully extradited to the United States he faces 175 years in a supermax prison for committing espionage against a country of which he is not a citizen.

On the Iraq war we have punished the truth-tellers and rewarded the criminals. People who knowingly lied us into the war like Dick Cheney, George W. Bush, the Beltway neocon experts, and most of the media, faced neither punishment nor professional shaming for their acts. In fact, they got off scot free and many even prospered.

Julian Assange explained that he published the Iraq War Diaries because he hoped to correct some of the attack on truth that occurred before the war, and that continued on since that war officially ended. We used to praise brave journalists not afraid to take on the bad guys. Now we torture and imprison them.

President Trump has made a point of singling out the US attack on Iraq as one of the stupid wars that he was committed to ending. But we wouldnt know half of just how stupid and evil it was were it not for the brave actions of Julian Assange and whistleblower Chelsea Manning. Journalism should not be a crime and President Trump should pardon Assange immediately.

This article was published by RonPaul Institute.

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Ron Paul: 'Iraq War Diaries' At Ten Years Truth is Treason - OpEd - Eurasia Review

OPINION: Trump is a Fascist and We Need to Start Saying It – The Wittenberg Torch

It is time to start using the word fascism. The United States, in the past four years, has been on a steep decline into utter chaos while the state has ensured untold transfers of wealth and power into the hands of the few. While right-wing talking heads continue to use traditional conservative rhetoric to suggest that somehow Trump has expanded freedom in this country, the truth is that civil liberties have been cracked down upon, upward mobility has vanished and democracy has diminished. With the upcoming election doomed to be an absolute mess, it is not unrealistic to suggest that we are on the brink of a total fascist takeover.

The reason I am urging the use of the word fascism to describe the Trump administration is because there are, for some reason, some in the social sciences who refuse to use the word. Robert Paxton in 2016 famously put space between the label and Trump. Historian David A. Bell in August of this year wrote an op-ed for the Washington Post titled, Trump is a racist demagogue. But hes not a fascist. Noam Chomsky has suggested that Trump is too much of a narcissist to be a fascist. Besides, as he says, The fascist systems were based on the principle that the powerful state should basically control everything including the business community, while Trumps United States is characterized by corporate power.

Chomskys understanding of fascism necessitating control over the business community is flawed. As Robert Paxton writes in his book The Anatomy of Fascism,fascists anti-capitalism was highly selective. Even at their most radical, the socialism that the fascists wanted was a national socialism: one that denied only foreign or enemy property rights (including that of internal enemies). They cherished national producers. Above all, it was by offering an effective remedy against socialist revolution that fascism turned out in practice to find a space.

Since Trump took office, corporate power has become unbridled while the Trump administration has implemented protectionist policies. Weve seen this with the trade war with China, where billions of dollars-worth of tariffs were imposed to protect American intellectual property, while pushing American consumers towards now-cheaper American products. While the United States-Mexico-Canada Agreement (USMCA) was supposed to bring jobs back for American workers by increasing tariffs on American corporations who have outsourced production to Mexico, as the International Monetary Fund has pointed out in a recent report, these corporations would rather just pay the extra fee and continue off-shore production. Essentially, both the trade war and the UMCA were previously populist, suggesting a connection between nationalism and labor that fails to actually deliver anything to the working class.

At the same time, Trump has implemented the least humane immigration policy of the modern era. His predecessor, Obama, set a high bar, having deported three million people, more than any other president in American history. Under Obama, more than 10,000 parents of American citizens were imprisoned each year in California alone. According to a study conducted by The Marshall Project, data obtained, detailing over 300,000 deportations showed that roughly 60 percent were of immigrants with no criminal conviction or whose only crime was immigration related. In 2014, the Obama administration also expanded family detention as well, described by the Detention Watch Network as the inhumane and unjust policy of jailing immigrant mothers with their children-including babies.

Trump has extrapolated on the worst aspects of these policies. In May of 2018, Trumps cabinet voted at a meeting to begin separating the children of detained families at the border. More than 5,000 children were separated from their families and today, the parents of more than 500 children cannot be located. Six children have died in the custody of Immigration and Customs Enforcement (ICE).

During the pandemic, deportations increased without any new safety measures. Migrants were shoved in spaces where social distancing was impossible. In some cases, COVID-19 was exported to countries. In March, ICE deported dozens of Guatemalans who tested positive for the virus upon their arrival.

This month, ICE began enforcing its new expedited removal rules, allowing for deportations to occur without court hearings. Previously, court hearings were required unless immigrants were arrested within 100 miles of the border. Asylum claims that have gone to court have increasingly been denied as Trump has packed the judiciary with conservative judges. In Memphis, four Trump-appointed judges denied 90 percent of asylum claims in 2019 whereas on average in years prior they denied 50 percent of claims.

Of course, in September of this year, it was revealed that ICE had been carrying out unusually high rates of hysterectomies, in some cases, without proper consent. Detainees who spoke with The Intercept said that doctors pressured them into undergoing hysterectomies. No translator was present to adequately explain the procedure they were to be receiving. This is what the Indonesians did to the Timorese during the genocidal occupation of East Timor.

As Richard Wolf writes for Salon on the connection between European capitalism and fascism in the twentieth century, initial decentralization of the state, gave way to a strong tendency toward state centralization. In certain extreme conditions, a centralized state merged with a capitalist class of large, concentrated employers. In the United States, the CARES Act passed since the spread of COVID-19 has allowed for a massive upward transfer of wealth and the permanent restructuring of the economy around, large, concentrated employers.

The CARES Act gave Americans a one-time $1200 check and allowed welfare recipients to get $600 a week for four months. However, banks were given the go-ahead to seize payments from any individual who had outstanding debts.

The true winner was corporate America. The bill consists of billions in tax breaks and billions in loans to large corporations. These loans allowed for corporations to be eligible for further loans from the Federal Reserve, resulting in trillions in extra loans on top of the initial bailout. Within days, the Payment Protection Program blew through its cap of $300 billion in funding, which was meant to go to small businesses, though large hotel chains qualified for this funding as well. Banks facilitating these payments profited enormously. One hundred thousand small businesses have closed while American billionaires wealth has increased by $637 billion since the start of the crisis. Income inequality today is worse than it was in France before the French Revolution. Millions are at risk of getting evicted.

In Naomi Wolfs 2007 The End of America, she writes about the medias relationship to fascist leaders.

In all dictatorships, targeting the free press begins with political pressureloud, angry campaigns for the news to represented in a way that supports the group that seeks dominance, She wrote. Attacks escalate to smears, designed to shame members of the press personally; then editors face pressure to fire journalists who are not parroting the party line. A caste of journalists and editors who support the regime develops, whether out of conviction, a wish for advancement, or fear. Such regimes promote false news in a systemic campaign of disinformation, even as they go after independent voices.

There has certainly been a rise of jingoistic right-wing media. FOX News and Breitbart have provided untold amounts of time and print space toward pro-Trump opinion pieces. OAN News has been invited to White House press conferences since Trump took office. OAN has promoted the potentially harmful drug hydroxychloroquine. Following the footage of the man in Buffalo being pushed to the ground by police at a Black Lives Matter protest, OAN falsely reported that the man was a member of ANTIFA, who had undertaken a false flag provocation. This report was retweeted by Trump himself.

So far, the mainstream media has faced political pressure, but has yet to face any substantive repercussions outside of the occasional removal of a journalist from press briefings. Being the unhinged lunatic that he is, Trump has created endless news stories focused on his ridiculous existence.

It may not be good for America, but its damn good for CBS, CBS chairman Leslie Moonves said in March of 2016. The moneys rolling in, and this is fun. Its a terrible thing to say. But bring it on, Donald. Keep going. For now, they have a good thing going with the president, despite their political disagreements. Journalists writing for the Washington Post get to stand proudly behind the banner Democracy Dies in Darkness as the advertisement space on their website and newspapers contributes to maintaining Jeff Bezos richest man alive status.

Trump has, however, gone after Julian Assange, a pariah in the mainstream political world. Many hold a grudge against Assange, claiming he helped Trump get elected by publishing the leaks from the Democratic National Committee during the 2016 presidential race. The implications of the Assange case, however, are incredibly far-reaching and could outlaw reporting on state secrets entirely. The silence from the mainstream media may come back to haunt them. His case has the potential to be the worst assault on press freedom in the developed world in modern history.

Assange is currently being held on charges of jumping bail in London. In March of 2019, the U.S. charged him under the Espionage Act for publishing a video provided by a source, allegedly Chelsea Manning, of American planes opening fire on civilians, killing, among them, two Reuters journalists. During his extradition trial, Assange was placed behind a glass cage used for violent offenders, making private conference with his lawyers impossible.

When defense witnesses showed that Assanges actions were no different from those of any other journalist cultivating sources, prosecutors reversed course to allow that any journalist publishing classified documents could be liable to prosecution, Charles Glass wrote.

If this were the precedent in the United States, the Washington Post journalists who reported on the Pentagon Papers would be liable, Glenn Greenwald, who reported on the Snowden revelations would be liable, Jeremy Scahill, who reported on the Drone Papers would be liable and so on.

Of course, to complete the fascist takeover, Trump would have to successfully dismantle democracy. During the first presidential debate, Trump told the Proud Boys, a violent right-wing hate group, to stand back but also to stand by on election day. Since then we have seen the California Republican Party deploy unofficial ballot boxes in at least four counties with some of them labeled as official. Despite the states order to cease and desist, the organization has said that they will continue to deploy the fake ballot boxes. An official drop box in LA County was set on fire. Denver officials have reported voter intimidations at drop boxes. Around the country, right-wing poll watchers have menaced people in line to vote early. In Baltimore, a hired security guard protecting a ballot box was shot. All this has taken place as Trump has suggested that the election may be rigged against him.

In Aug., two retired Army officers wrote an open letter to General Mark Milley calling on him as the Chairman of the Joint Chiefs of Staff to use the military to oust Trump should he lose the election and refuse to go. Others have suggested that without the military on his side, Trump would have no way of remaining in office. However, it is not the military we need to worry about. Ironically, Trumps trump card is the judiciary. With the Supreme Court, a stacked judiciary and questions (that he created) surrounding the authenticity of mail-in votes, it is not unrealistic to think that what happened in 2000 could happen again. Recall, under the guise of legality, democracy was thrown out the window, the military did nothing, and the Democrat rolled over saying that the election had been, resolved through the honored institutions of our democracy. If those honored institutions rule that Trump should serve another term, the military will stand by quietly and Joe Biden will roll over. There is no precedent in history that would suggest anything else would happen. Hillary Clinton chose to respect those same institutions of our democracy despite winning three million more votes than Trump.

It is time to get serious about the future and understand that democracy is on the verge of collapse, that neither the Democrats nor the military are going to help us when it happens, and that Trump is a fascist.

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OPINION: Trump is a Fascist and We Need to Start Saying It - The Wittenberg Torch

Open Source Software Market 2020 Explain What is the current size of the market? And key players analysis: FOSSID, Alfresco, Cleversafe, Astaro,…

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‘The Short Life And Curious Death Of Free Speech In America’ Examines The First Amendment – NPR

The Short Life and Curious Death of Free Speech in America, by Ellis Cose Amistad hide caption

The First Amendment and its protection of free speech may be the best-known and, possibly, the most cherished of the amendments to the U.S. Constitution.

But there is also a long-running battle over what the limits of free speech should be. And this election year, with its heated and sometimes hateful rhetoric and challenges to the tech companies to referee it all is certainly placing that battle at the forefront.

That's just one reason editor and columnist Ellis Cose's latest book The Short Life And Curious Death Of Free Speech in America is so timely.

On why he titled the book 'the short life' of freedom of speech

The First Amendment by definition is the First Amendment, you know? It was the First Amendment to the Constitution. It was ratified in 1791. So it's been with us almost since we have had a constitution. And the assumption that most people have is that it's just a right that's always been there, that's always been respected and that we've always enjoyed as Americans. But that's not quite true. In 1798, we have the Alien and Sedition Acts, which in effect nullify the First Amendment. It made it illegal to criticize the then-Federalist government. It made it illegal to speak out and to do the things that we think are routine to do now.

On the relative newness of the concept of freedom of speech

It grew directly out of World War I. When the United States government got involved in the war, we immediately passed a couple of new laws. One was the Espionage Act, the other was the Sedition Act, which was an amendment to the Espionage Act. And what they what those laws did, as the original Alien and Sedition Acts did, was to essentially make it illegal to criticize the government.

And so you had any number of individuals and institutions who were jailed because they were critical of the draft. And you had a number of activists, you know, including the group that later became came together as the ACLU, who said: 'Wait a minute. Don't we have freedom of speech in this country? Can't we speak out?' And so, slowly, we began to come up with a modern conception of the First Amendment.

On president's policies threatening freedom of speech

In many respects, I mean, at least Obama and George Bush had respect for the Constitution, and they understood what it meant. But when you go into the current administration, you have an administration that doesn't even believe in truth, that does not believe in constitutional process and does not believe in rights at all, as generally understood. And what we now have [is] an entire government apparatus designed to foster falsehoods, and that endangers the whole idea that our country is based on, which is that we can get to some kind of universal truth from which we can proceed to have a better government and a better society as a result.

On some people on the left and the right not respecting freedom of speech

Well, my take is that we as a people tend to understand the First Amendment in a very specific and personal way. We tend to believe that the First Amendment says that we have a right to free speech as long as you say things that I agree with. That tends to be the way that the First Amendment is viewed on the left; it tends to be the way that it's viewed on the right. So there's a tension there's always has been a tension between the idea of free speech and the practice of it in the real world when people don't like ideas that they don't like and they don't want to hear them. And I think that's just one of the things we need to struggle with as a society.

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'The Short Life And Curious Death Of Free Speech In America' Examines The First Amendment - NPR

First Amendment is for all – even opponents | Powhatan Today – Richmond.com

In some ways, you find out if you truly believe in certain fundamental rights when you are asked to apply them equally to someone with whom you are completely at odds.

I have long been a staunch supporter of the First Amendment of the U.S. Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Having been a journalist since I joined my high school newspaper freshman year, it is easy to see why at least one part of the amendment particularly appeals to me. While I agree we need rules in place to try to make journalists use this right responsibly which I fully recognize does not always happen I believe freedom of the press is a hugely important part of a democracy.

But if I am being honest, even as I will staunchly defend it as a journalist and as an American, I dont always want to do so. Sometimes my belief in the most fundamental American right there is the right to freely say what you think is at odds with the part of me that says, what about human decency?

To this day, one of the most stomach-churning examples of this I can think of involved Westboro Baptist Church, which went around the country holding anti-gay protests outside military funerals. Everything about what they were doing was reprehensible to me and made me feel physically ill. And I will fully admit that when the case of a man suing the church for picketing his sons funeral went all the way to the U.S. Supreme Court, a big part of me wanted them to lose. The part that resisted was the part that recognized if you keep chipping away at the right of free speech, eventually you will have nothing left.

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First Amendment is for all - even opponents | Powhatan Today - Richmond.com

What Kind of First Amendment Do We Want? – Slate

Illustration by Slate This article is part of the Free Speech Project, a collaboration between Future Tense and the Tech, Law, & Security Program at American University Washington College of Law that examines the ways technology is influencing how we think about speech.

On Wednesday at 11:30 a.m. Eastern, the Free Speech Project will host Do We Need a First Amendment 2.0? with Neil Richards and other experts on free speech. For more information and to RSVP, visit the New America website.

The First Amendment has long been considered a bedrock of American democracy. In the so-called marketplace of ideas, the more information, the better. Thats why many once assumed the internet would be a tool for democracy, ushering in a new age of engaged citizenship. Yet the halcyon days of the early internet have now given way to growing disillusionment not only with rising hate speech and disinformation on social media, but also with corporate activityincluding data harvesting and surveillanceprotected under the First Amendment. In our digital age, some have started to wonder: Is the United States in need of a First Amendment 2.0?

Recently, I spoke with Neil Richards, the Koch distinguished professor in law at Washington University in St. Louis, who specializes in privacy law, information law, and free speech. During the course of our conversation, which has been edited and condensed for clarity, we discussed the ways the First Amendment has changed throughout American history, the fraught relationship between privacy and free speech, and how we can start to reconceptualize the First Amendments place in our society.

Chloe Hadavas: In general, how has the internet changed the ways we think about free speech?

Neil Richards: In a digital age, it is a lot easier for us to express ourselves, but its also much easier for motivated actors to spread misinformation, lies, propaganda, and hate. The challenge is to take advantage of the tremendous communicative potential of digital technologies, from the internet, to smartphones, to social networking and search engines, but to address the problems that these technologies pose as well.

Im old enough to remember the onset of the internet in American society. In the mid-1990s, I was a law student, and I remember the revolutionaryalmost propheticlanguage that internet evangelists used to talk about this technology. And I think they were exactly right that it was revolutionary, but like all revolutions, some bad came along with good. The internet makes it easier for critics of the government to get their message out. It made it easier for Edward Snowden and Chelsea Manning to engage in courageous whistleblowing. But it also made it easier for Cambridge Analytica and Facebook to warp the processes of democracy in the 2016 presidential election and the Brexit referendum, for the NSA to drastically expand its surveillance capacities after 9/11, and for aspiring populist demagogues to spread lies and misinformation, and half-truths and full-blown conspiracy theories. And thats the challenge.

Reckoning with that challenge requires us to reckon with the new media of the digital age, just as the First Amendment of the 20th century had to reckon first with mass newspapers, and then with other forms of mass media, such as radio and television.

Have there ever been any points in American historyperhaps when those new forms of media arrived in the 20th centurywhen the First Amendment has reached a similar moment of crisis?

The interesting thing about the First Amendment is were used to talking about it like its always been the same. Americans, since the Revolution, have talked about the First Amendment as if it was supremely protected. But in reality, the modern First Amendment really only starts getting invented in the aftermath of the First World War, in opinions by [Supreme Court Justices] Oliver Wendell Holmes and Louis Brandeis and [Judge] Learned Hand. Before the 1940s, federal and state governments had pretty broad powers to punish expression that they didnt like. For example, one of the first significant congressional enactments was the Sedition Act of 1798, which basically made it a crime to criticize the government. You see, from the 19th century to 1920s, theres suppression of all kinds of dissident speechwhether its by abolitionists, suffragists, advocates of free love, anarchists, socialists, or communists.

So the First Amendment has had a series of crises, and I think that should be expected, because free expression is very often how we deal with social unrest. Its always been contested, and it continues to be deeply contested todaynot just in the context of digital expression, but at the increased willingness of American courts to extend First Amendment protections to a whole host of corporate activities, whether thats money in politics, or advertising, or even, in some cases, the processing of personal data.

One of the reasons its contested is that, as scholar Tim Wu has written, the First Amendment isnt well suited to deal with the use of speech as a tool to suppress speech. In other words, some peoples unrestrained speech can threaten others ability to express themselves. How do you think about that tension?

One of the hardest problems in First Amendment law is the problem of hate speech, because we know that the expression of hatred, particularly against marginalized or historically oppressed groups, is not just hurtful, but its silencingand stigmatizing. On the other hand, we know that giving the government the power to separate good speech from bad speech is also tremendously dangerous and can be used as a tool of oppression and tyranny.

So, you can see the difficulty of this problem in the divergent approaches of the United States and, for example, Canada and Western Europe. In the United States, judges have largely taken the [Oliver Wendell] Holmes position, which is that because we doubt our ability to determine the truth, we have to be really reluctant to regulate speech based upon its content, particularly upon its viewpoint. By contrast, European and Canadian judges applying their own fundamental rights that are analogous to the First Amendment have worried less about that problem and have authorized not just civil, but also criminal punishments for targeted racial abuse, for example.

The virtue of the American approach is that it is maximally speech protective, and it eliminates the risk that the government will use powers to regulate the tone or the content of political debates as a proxy for censorship. On the other hand, the American approach really does run the risk that dissent will be silenced, that real political damage can result, and that the status quo can be preserved. Charting a middle way between these two paths is really difficult.

What does that middle way look like right now?

I think you could imagine a jurisprudence that would allow wide-ranging discussion on matters of public concern, including race relations, but also recognize that its appropriate to prohibit and in certain cases punish racial abuse, cross burnings, harassment, stalking, and other forms of the use and abuse of words that cross a line where what is being expressed really has little value, but is undoubtedly harmful and stigmatizing.

The ultimate problem here is that we human beings do so many things with wordsgood and bad, honorable and evil, and many, many things in between. And it is asking too much to come up with a test that judges and courts can apply that separates out the harmful from the harmless with perfect precision. Ultimately, we have to realize that human beings are imperfect, and judges are human beings, too, and that law can only do so much to either encourage a culture of thoughtful free expression, or to restrain the uses of words that are undeniably harmful.

We have to look to other factors like our political culture; our belief not just in education, but in civic education; and the production of a society in which we are treated in equal ways that transcend histories of marginalization and oppressionand that ultimately, we have a robust, independent, professional free press that has the resources and the legal protection to ask difficult questions of our leaders, to hold them accountable for their mistakes and their biases, to praise them where appropriate, and to not be denigrated as the enemy of the people by aspiring demagogues. And that when our politicians cross that line and malign the press, we hold them accountable, and we vote them out.

Much of the discussion about online discourse seems to conflate the First Amendment specifically with free speech more broadly. How does that connect to the debate over content moderation?

One of the practical developments that weve seen, as weve shifted to more political debate and communication by politicians and other leaders through social media, is that weve come to realize the tremendous gatekeeping power that social media companies have over our system of free expressionand also, the fact that many of these companies were and are wholly unequipped to act as those kind of gatekeepers, whether we call them content moderators or censors.

So much of our public debate has fallen to advertiser-supported private companies offering free services, whose interests are often to make money or boost engagement or sell ads, rather than free and fair debate. Very often, their marketing departments have wrapped themselves in the language of the Constitution, but they havent really understood the depth of their responsibilities and, more importantly, the complexity of the problem of separating out good expression from bad expression. But it is encouraging that it in recent years, both Twitter and Facebook have finally started to grapple with their problems. Its just taken them far too long.

The First Amendment is often weaponized by corporations not just to abdicate responsibility, but to undermine individuals privacy. When are the two at odds with each other?

Theres often been a tension between privacy and the First Amendment. But as I argued in my book, Intellectual Privacy, while theyre sometimes in conflict, we also need zones of privacy in our lifewhat I call intellectual privacyto make up our minds about the world and our place in it: to read freely, to think boldly, free of monitoring or interference, and to test out our potentially crazy ideas in confidence before were ready to share them with the world.

When it comes to privacy and free expression, its worth keeping a few simple rules in mind. First, we need to have both. Both are human rights, and both are necessary for the kinds of political freedom and commitment to eccentric individuality that Western societies say that they value. Second, most of the time, when the press is reporting on matters of policy, and even the personal lives of public servants, on balance the First Amendment should win, because people have a right to know what is being done in their name. Third, just because we allow scrutiny into the policies and politicians professional lives, doesnt mean that ordinary people shouldnt have a right to privacy. And fourth and finally, we need to understand that the role of the First Amendment is to [support] free citizens of a democratic society. That doesnt mean that anything a company does with data, or any information that a company might collect for a commercial purpose, should be treated with the same constitutional reverence as an editorial on the front page of the New York Times criticizing the president.

And when we look at invasive data-based surveillance models, when we look at tech companies following us around the internet so they can sell us shoes, when we look at companies like Clearview AI, whose business model seemingly consists of scraping data to train facial recognition models that can be sold to law enforcement and ICE, we should think about the values that are at stake here. The First Amendment is a fundamental right. But its a right in pursuit of human freedom. And when corporations and purveyors of ad tech and A.I. try to wrap themselves in the First Amendment to prevent regulation of their dangerous business practices, I think we should we should recognize those claims for the charade which they are.

What do you think of proposals, such as Emily Bazelons recent piece in the New York Times Magazine, that the First Amendment may need a rethink today?

I think the most important thing about these arguments is that Im encouraged that were having these kinds of conversations. Its essential in a democratic society that we have serious, wide-ranging conversations about what we value, and what kinds of expression are important, and why. Ironically, its broad protection for free expression that allows us to have those conversations in the first place. But when it comes to specific issues, such as hate speech, I think the European approach has a lot of merits to it and should be taken seriously.

The problem here, though, is less one of the First Amendment and more one of constitutional politics in general and judicial politics in particular. If we care about the First Amendment, we have to care about its ideas, of course, but we also have to care about the institutions by which our system of free expression is protected and preserved in practice. And that means not just protecting, nurturing, and safeguarding the business models of a free press, but also interrogating the ways we select judges and asking potential judges about their views. Its really unfortunate in recent years that the primary qualification for politicians to nominate judges is ideology first, and qualities like experience and temperament and, for lack of a better word, judgment second.

Were used to talking about the First Amendment as if it is an abstract thing. But its a lot more than that. And its so important that we cant just talk in philosophical terms if we care about free expression and human rights. We need to worry about our social norms and our institutions as well. When we talk about institutions like the press, social networks, and the federal judiciary, I wouldnt say I lose hope, but theres a lot of work for us to do.

We need to have robust, uninhibited conversations about what kinds of a First Amendment we want. The good news is that even though theres a large disagreement about what the First Amendment should protect, almost everyone agrees that it does protect that kind of conversation. So, as a lawyer, its my job to be neurotic and worry about potential problems. But as a human being, as a member of society, I am nevertheless hopeful for the future.

Future Tense is a partnership of Slate, New America, and Arizona State University that examines emerging technologies, public policy, and society.

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What Kind of First Amendment Do We Want? - Slate