Tag: 1st amendment

House Democrats, Targeting Right-Wing Cable Outlets, Are Assaulting Core Press Freedoms

Not even two months into their reign as the majority party that controls the White House and both houses of Congress, key Democrats have made clear that one of their top priorities is censorship of divergent voices. On Saturday, I detailed how their escalating official campaign to coerce and threaten social media companies into more aggressively censoring views that they dislike — including by summoning social media CEOs to appear before them for the third time in less than five months — is implicating, if not already violating, core First Amendment rights of free speech.

Now they are going further — much further. The same Democratic House Committee that is demanding greater online censorship from social media companies now has its sights set on the removal of conservative cable outlets, including Fox News, from the airwaves.

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Media Matters Campaign to Deplatform Fox News Off Cable and Satellite Systems Gains Ground With Democrat Hearing in Congress This Week

The current push is based on accusations by liberals that Fox, Newsmax and OANN broadcast disinformation about the COVID pandemic and the 2020 presidential election. However, Media Matters has a campaign that preceded the current controversies, launched in 2019, called “UnFoxMyCableBox” urging liberals to demand that they stop being charged for Fox News and Fox Business as part of bundled fees.

MMFA boasted their president Angelo Carusone was quoted blasting Fox in Kristof’s column published Feb. 11:

As America debates whether to hold former President Donald Trump accountable for inciting insurrection, what about his co-conspirator Fox News?

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…We can’t impeach Fox or put Carlson or Sean Hannity on trial in the Senate, but there are steps we can take — imperfect, inadequate ones, resting on slippery slopes — to create accountability not only for Trump but also for fellow travelers at Fox, OANN, Newsmax and so on.

That can mean pressure on advertisers to avoid underwriting extremists (of any political bent), but the Fox News business model depends not so much on advertising as on cable subscription fees. So a second step is to call on cable companies to drop Fox News from basic cable TV packages.

…“Given all the damage that Fox News has caused and the threat that it remains, they absolutely should unbundle Fox News,” Carusone told me. “It’s not a news channel. It’s a propaganda operation mixed with political smut. If people want that, they should be forced to pay for it the way that they pay for Cinemax.”

“During 2020, Fox News’ caldron of lies and extremism boiled over,” Carusone said. “They made us sicker and put up obstacles to the pandemic response by flooding the airwaves with over 13,150 instances of COVID misinformation. They fomented racial animus and promoted white supremacy as a response to the Black Lives Matter demonstrations. And, in the first two weeks after the election was called for Joe Biden, Fox News laid the groundwork for the attack on the Capitol by challenging the results on 774 individual instances with wild conspiracies and flat-out fabrications.”

House Democrats wrote a letter to cable and satellite providers in advance of this Wednesday’s hearing with this direct question:

“Are you planning to continue carrying Fox News, OANN, and Newsmax on your platform both now and beyond the renewal date? If so, why?”

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Larry Flynt, ‘Hustler’ Founder and First Amendment Activist, Dead at 78

Larry Flynt, the publisher of the sexually explicit Hustler magazine whose legal battles turned him into a flamboyant crusader for free speech rights, has died at 78. Flynt’s famed legal battles — which he took to the Supreme Court — were memorialized in the 1996 film The People Versus Larry Flynt, starring Woody Harrelson. Flynt’s death was first reported by TMZ and his brother Jimmy Flynt confirmed the news to The Washington Post. A cause of death has not been revealed.

Larry Flynt was a Navy veteran who built a small empire of nude adult clubs in the late 1960s. He took those strip clubs and built them into one of the world’s most successful sex-based brands, transforming a newsletter about the clubs into Hustler magazine in 1974, publishing adult entertainment that critics frequently lambasted as obscene and degrading to women. The magazine once published a photo illustration of a nude woman being passed through a meat grinder. The feminist Gloria Steinem famously described Flynt as “a violent, sadistic pornographer.”

Always brash and opinionated, in his later years, he traveled most places in a gold-plated wheelchair. But he prided himself on being a self-made man who came from very humble beginnings. Larry Claxton Flynt Jr. was born in Lakeville, Kentucky on Nov. 1, 1942. His father was a sharecropper and he grew up in poverty; in his 2004 book Sex, Lies & Politics: The Naked Truth, Flynt cited his meager beginnings as an influence on his attitude toward sex. “I’m a hillbilly, and people like me come to sex without all the hang-ups imposed by the hypocritical, ‘you must maintain proper appearances’ morality of the middle class,” he wrote. “When good Christian folk tell me that sex is dirty, I say, ‘Yeah, when it’s done right.’ For me, sex has always been a way of saying, ‘I am outside the reach of your power.’ “

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Justices: California can’t enforce indoor church service ban

The Supreme Court is telling California that it can’t bar indoor church services because of the coronavirus pandemic, but it can keep for now a ban on singing and chanting indoors.

The high court issued orders late Friday in two cases where churches had sued over coronavirus-related restrictions in the state. The high court said that for now, California can’t ban indoor worship as it had in almost all of the state because virus cases are high.

The justices said the state can cap indoor services at 25% of a building’s capacity. The justices also declined to stop California from enforcing a ban put in place last summer on indoor singing and chanting. California had put the restrictions in place because the virus is more easily transmitted indoors and singing releases tiny droplets that can carry the disease.

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Pentagon blog warns that freedom leads to populism, which “undermines national security”

The military-industrial complex is doubling down on its crusade against free expression, warning that the First Amendment should no longer be tolerated because it threatens “national security.”

Citing the Jan. 6 “insurrection” against the United States Capitol as proof, Divya Ramjee and Elsa B. Kania, writing for the Pentagon’s Defense One blog, contend that all online free speech needs to be filtered by a Ministry of Truth in order to prevent the type of “disinformation and incitements to violence” that led to the Capitol false flag attack.

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Tennessee Cops Arrest Man For Posting Photoshopped Picture of Men Urinating on Dead Officer’s Grave

Tennessee law enforcement arrested a man last week for posting a photoshopped picture of two men urinating on a dead police officer’s grave.

The Dickson County Sheriff’s Office, following an investigation by the Tennessee Bureau of Investigation (TBI), arrested and charged Joshua Garton with harassment after Garton posted a picture to Facebook that appeared to show two men desecrating the tombstone of Sgt. Daniel Baker, who was shot and killed on duty in 2018. Garton was held on a $76,000 bond.

“Agents subsequently visited Baker’s gravesite this morning and determined the photograph was digitally manufactured,” a TBI press release says. The agency launched the investigation at the request of 23rd District Attorney General Ray Crouch.

While the picture was in poor taste, constitutional experts say law enforcement violated Garton’s First Amendment rights by arresting him for the image.

“The First Amendment clearly and unmistakably protects this man’s right to post an offensive photo about a police officer,” says Daniel Horwitz, a Nashville civil rights attorney. “The only people who broke the law here were the police officers and TBI agents who participated in this flagrantly unconstitutional arrest.”

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STATE LEGISLATURES MAKE “UNPRECEDENTED” PUSH ON ANTI-PROTEST BILLS

Since the day of the insurrection at the Capitol on January 6, at least nine states have introduced 14 anti-protest bills. The bills, which vary state by state, contain a dizzying array of provisions that serve to criminalize participation in disruptive protests. The measures range from barring demonstrators from public benefits or government jobs to offering legal protections to those who shoot or run over protesters. Some of the proposals would allow protesters to be held without bail and criminalize camping. A few bills seek to prevent local governments from defunding police.

The pushes by close to a fifth of state legislatures are part of a pattern that began to pick up speed after the summer’s uprisings in response to the police killing of George Floyd, which in many communities included significant property damage. In a handful of states, lawmakers did what they often do: introduced new legislation — however unnecessary — to show that they were responding to their constituents’ concerns.“We expected to see some bills this month, as state legislatures reconvened, but the number of bills and their severity is still shocking.”

The rate of new bills being offered sped up dramatically this month as lawmakers kicked off their legislative sessions at the very moment that Trump supporters stormed the U.S. Capitol. Bills quickly arose in Arizona, Florida, Indiana, Minnesota, Mississippi, Nebraska, North Dakota, Oklahoma, and Rhode Island.

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New Laws Grants ‘Protected Class’ Status to Cops, Allows Them to Sue People for Harassment

As if blue privilege in the form of qualified immunity, special treatment under the law, ability to break laws they enforce, get out of jail free cards, “blue lives matter” laws, and every other perk that comes from wearing a badge, wasn’t enough, cops in Georgia have granted themselves yet another benefit.

As of January 1, 2021, a new law went into effect with the Orwellian title of “Bias Motivated Intimidation of First Responders Prosecution Act.” On top of granting cops the ability to sue citizens for harassment, it also criminalizes said harassment.

Given the subjective nature of what can be defined as “harassment,” this new law is worrisome as it can land a person in prison for up to five years. The law is worded like it was written by the very personification of the American police state.

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No, AOC, It’s Not the Government’s Job to ‘Rein in Our Media’

Rep. Alexandria Ocasio-Cortez (D–N.Y.) told her social media followers earlier this week that Democrats in Congress might respond to the Capitol riot with some sort of “media literacy” initiative.

The phrase media literacy ordinarily implies helping individuals make sense of the media landscape, but AOC seems to have more in mind than that: She suggested “we’re going to have to figure out how we rein in our media environment so that you can’t just spew disinformation and misinformation.”

It’s true that both traditional media and social media sometimes spread “disinformation and misinformation.” But the federal government has no formal role to play in suppressing its spread. The First Amendment explicitly bars Congress from infringing on freedom of the press or freedom of speech, and the Supreme Court has recognized no exceptions for disinformation. If the government could ban disinformation, after all, it could use that as a cover for banning speech that is not actually false but merely critical of the government, or of specific politicians. Recall that Democrats swiftly denounced The New York Post‘s report on Hunter Biden’s foreign connections as “disinformation,” even though many underlying aspects of the story have since been confirmed.

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