His latest. The Reason editor-in-chief has consistently focused on the Benghazi angle that should most concern libertarians, namely the Administration’s scapegoating of speech (I think I’ll go ahead and coin the term “speech-goating.”) Here he focuses on a David Brooks column seemingly intended as a defense of the process that led to the famed Benghazi talking points, but which winds up putting them in a bad light indeed:
…in the absence of a clear narrative, the talking points gravitated toward the least politically problematic story, blaming the anti-Muslim video and the Cairo demonstrations.
Why was it deemed “the least politically problematic” course to spread an untruth, already widely known to be such by many senior officials, that sought to focus public and world anger on private speech, and by implication on our First Amendment protection of free speech about religion?
One should note carefully Ken White’s powerful argument at Popehat that the arrest of filmmaker Nakoula Basseley Nakoula wasn’t in fact legally irregular because Nakoula had clearly violated the terms of his supervised release and revocation of his release was par for the course under the circumstances.
Even so, the questions remain. The Administration sent Susan Rice out to five talk shows on the weekend of the attacks, where she pressed the line that outrage about the video fueled the attack. Brooks makes the case that interagency rivalries and secrecy got in the way of telling a fuller story. Maybe so. But why should American free speech be left as the “least politically problematic” thing to blame after a terrorist attack?
Tagged as:
Barack Obama,
free speech
- More on Mayor Michael Nutter’s investigation of Philadelphia magazine for sin of committing unwelcome journalism [Mark Hemingway, Weekly Standard, earlier]
- Standing on principle: liberal speech scholars defend right to use “gruesome images” in abortion protests [Volokh]
- GreenTech Automotive files libel suit against Franklin Center’s Watchdog.org [Jim Geraghty]
- “Dear Mr. Sahota… Your pompous yet feckless bluster distinguishes you.” [Ken at Popehat, Lesley Kemp case]
- “Plaintiff Who Keeps Suing Search Engines Still Not Clear on Streisand Effect” [Lowering the Bar, earlier here, etc.]
- “Government Can’t Condition Federal Contracts on Giving Up Constitutional Rights” [Ilya Shapiro on Agency for International Development v. Alliance for Open Society International; SCOTUSBlog] Speaking of compulsory sex positions, the problems with an Ohio legislative proposal on sex-ed are many, among them that government isn’t constitutionally free to bar hiring teachers of whose views it disapproves [Chris Geidner, BuzzFeed]
- Partial fee award to attorneys Paul Alan Levy and Cathy Gellis in case where attorney Charles Carreon menaced blogger [Michael Masnick/TechDirt, Paul Alan Levy, Popehat, earlier here and here]
Tagged as:
free speech,
online speech,
Philadelphia,
schools,
search engines
They “propose giving Congress unchecked new power over spending on political speech” [John Samples, Cato Policy Analysis] More on Citizens United here, here, here (Democrats’ platform), here, here (Michael Kinsley: case was “correctly decided”), here, here, here (Wendy Kaminer), here, here, here, here (unions as beneficiaries), even more, and on the “corporations aren’t people” sound bite and related rights-abolishing proposals, here, here, here, and here.
P.S. Self-recommending: forthcoming Michael McConnell in YLJ on Citizens United.
Tagged as:
campaign regulation,
free speech
- Alarms re: proposed new UK code to regulate press, both print and electronic [John O'Sullivan, Andrew Stuttaford] “Why we won’t sign the press-regulation Charter” [The Spectator: Nick Cohen]
- Also from the UK: “Police investigate Conservative MP Tim Loughton for calling man ‘unkempt’” [Telegraph]
- “Teenager arrested for tweeting rap lyric containing the word ‘homicide.’” [Ann Althouse]
- “CNN Argues that Requiring Captioning of Web Videos Would Violate Free Speech” [Disability Law, Courthouse News; more on new web accessibility push]
- Administrator at Yeshiva U. hires lawyer to get posts removed from prominent law blogs, Streisand Effect ensues [Scott Greenfield]
- Philly Mayor Michael Nutter sends letter to city human relations commission demanding investigation of Philadelphia Magazine for publishing article he dislikes [Ken at Popehat, Hans Bader]
Tagged as:
free speech,
Philadelphia,
publishers,
Streisand effect,
Twitter,
United Kingdom,
web accessibility
- Setting up as a freelance investigative writer? Getting insurance even for your office rental can be tricky [Romenesko]
- Among many curious Virginia blue laws: “‘any citizen … may institute’ judicial review of any book.” [Barton Hinkle]
- Whether Rupert Murdoch can buy the L.A. Times shouldn’t depend on which party holds power in Washington [Stoll, Future of Capitalism]
- “Publisher launches $3,000,000 suit against academic librarian who criticized its books” [BoingBoing, Edwin Mellen Press] “Alternative” cancer treatment entrepreneur threatens to sue dissatisfied patient [Jardin, BB]
- EU: Let’s regulate journalists [Morrissey] Russia law against pro-gay “propaganda” is part of wider speech crackdown [AP]
- Twitter’s relatively laissez-faire speech policy has advanced its success [Greg Beato]
- “Free Speech on Campus Today” [Cato podcast with FIRE's Greg Lukianoff]
- Forbids writing about him ever again: “Judge says US-based reporter defamed Haiti’s PM” [AP/Gainesville Sun]
Tagged as:
Europe,
free speech,
libel slander and defamation,
Russia,
Twitter,
Virginia
- Spirit Airlines v. DOT: “Government Can’t Silence Speech Criticizing Its Actions, Even If That Speech Is ‘Commercial’” [Ilya Shapiro/Sophie Cole, Cato]
- Virginia Supreme Court speedily rejects prior restraint against Yelp review [Paul Alan Levy, Volokh, earlier]
- Why schools crack down on speech [Hans Bader]
- “Mann v. Steyn — CEI SLAPPs Back” [Adler, earlier]
- Hellhole jurisdictions? “The seven countries where the state can execute you for being atheist” [Max Fisher, WaPo] “Egyptian court sentences Christian family to 15 years for converting from Islam” [FoxNews] Pakistan mob burns man accused of desecrating Koran alive [Reuters] And see, via Volokh, blasphemy penalties from Tunisia (seven years for posting Mohammed cartoons) and Egypt.
- “Congressman-Elect Kerry Bentivolio Sued Me For Calling Him a ‘Deadbeat Santa’” [Mike Betzold, Deadline Detroit]
- UK government agrees to rollback of law criminalizing insults [Telegraph, Independent]
Tagged as:
airlines,
First Amendment,
free speech,
schools,
United Kingdom
With a new law, Vernon County, Wisconsin has put itself at the forefront of attempts to regulate disparaging email, online chat, blogs, Facebook posts (specifically cited by one advocate at a hearing), and Twitter. The law seems to be a product of the media hype over “cyberbullying.” [Popehat, Volokh]
Tagged as:
bloggers and the law,
bullying,
Facebook,
free speech,
online speech,
Twitter,
Wisconsin
- Did U.K. high official use pending Leveson press inquiry to browbeat newspaper? [Telegraph via Volokh]
- Canadian blogger sued over speech by Richard Warman has a legal defense fund [Blazing Cat Fur via Instapundit, 2010 Mark Steyn]
- “Introduction To Irony: Or, How To Take A Joke 10″ [Wendy Kaminer, WBUR]
- Meat industry ex-employee sues blogger who led “pink slime” campaign [Popehat, Lunch Tray/Bettina Siegel]
- 1958 ordinance still on books in Ormond Beach, Fla. prohibits distribution of publications “belittling the traditional American institutions or folkways” [Volokh]
- “We have to concede” a rhesus monkey could not beat Mme. Taitz in court battle [Lowering the Bar]
- Common Cause vs. First-Amendment-protected political speech, part umpteen [Hans Bader, CEI]
Tagged as:
bloggers and the law,
campaign regulation,
free speech,
free speech in Canada
- UK: Jack Shafer on the trouble with the Leveson press inquiry [Reuters] Journos already cowed by hostile press laws: “Even foreign dictatorships know how to frighten Fleet Street.” [Spectator] “Even people who RT’d libelous allusions to [him] on Twitter could be sued. … surreal” [BoingBoing, Popehat]
- Calling people names in Hanna, Alberta, or cheering on those who do, can now expose you to penalties under anti-bullying ordinance [Sun News]
- “Britain’s High-Tech Thought Police” [Brendan O'Neill] Related, Rowan Atkinson [Telegraph]
- Language muscle in Quebec: “After series of fire-bombings, Second Cup coffee shops added the words ‘les cafes’ to signs” [Yahoo Canada]
- Blasphemy law around the world: Vexed with their speech, Egyptian court sentences to death in absentia various persons living in US and Canada [Volokh] “Turkish TV channel fined for ‘The Simpsons’ blasphemy episode” [Telegraph] After using Facebook to criticize politico’s funeral, women in India arrested for “hurting religious sentiments” [AFP] Indonesian man jailed, attacked by mob for writing “God does not exist” on Facebook group [Andrew Stuttaford, Secular Right] “A year of blasphemy” [Popehat]
- Protesters block student access to “men’s-rights” speech at U. Toronto [Joshua Kennon via @amyalkon]
Tagged as:
bullying,
free speech,
free speech in Canada,
hate speech,
India,
restaurants,
United Kingdom
A vaguely worded injunction could chill criticism of the owner of the Miami Heat [Popehat]
Tagged as:
free speech
Incoming Socialist president François Hollande demanded and received the dismissal of the editor of Le Figaro, the country’s top conservative newspaper, whose owners have military-contracting interests and must cultivate the goodwill of the state. [Scott Sayare, New York Times]
Tagged as:
France,
free speech,
newspapers
- Australia: after talk displeasing to authorities, popular radio host ordered to undergo “factual accuracy training” [Sydney Morning Herald]
- Jenzabar loses an appeal against documentary filmmaker [Paul Alan Levy, CL&P; earlier here, etc.]
- “A Few Words On Reddit, Gawker, and Anonymity” [Popehat]
- Canada: “Federal Court Upholds Hate Speech Provisions in the Canadian Human Rights Act” [Yosie Saint-Cyr, Slaw] “Canadian Government Official Calls Anti-Abortion Speech Illegal ‘Bullying’” [Hans Bader, CEI, Amy Alkon]
- U.N.-regulated web? No thanks [Robert McDowell, Federalist Society, earlier here, etc.]
- Further thoughts from Kevin Underhill on being sued by Orly Taitz [Lowering the Bar, earlier]
- U.S. State Department official: we’re not just going to roll over on this free speech business [Volokh]
Tagged as:
Australia,
free speech,
free speech in Canada,
libel slander and defamation,
United Nations
- Already firebombed once: “Satirical French Magazine Publishes Caricatures Of Mohammed, White House Rebukes.” [Mediaite] More calls for punishing makers of anti-Muslim YouTube video for supposed incitement [Ann Althouse on Sarah Chayes, earlier here and here; also, the late Christopher Hitchens on "fire in a crowded theater" arguments] “The people who instigate these protests seek a very particular goal: an extension of Egyptian and Pakistani style blasphemy laws into the West.” [David Frum]
- “$60,000 Verdict for Blogging the Truth About A Person Intending to Get Him Fired – Reversed” [Volokh]
- Judge closes probe of opinion-maker influence in Google-Oracle battle [The Recorder, earlier]
- Weight-loss device promoter files, then drops suit against Public Citizen, consumerist website Fair Warning [Paul Alan Levy, Fair Warning]
- “How Ag Gag Laws Suppress Free Speech and the Marketplace of Ideas” [Baylen Linnekin, earlier here, etc.]
- Big government Republicans in charge: “GOP Platform Changed To Now Target All Forms Of Pornography” [Andrew Kirell, Mediaite; Volokh]
- Missouri activist starts website criticizing local cops and soon the department’s halls display what looks very much like a “Wanted” poster of him [Eapen Thampy, Agitator]
Tagged as:
France,
free speech,
hate speech,
libel slander and defamation,
Missouri,
wrong right
I’ve got a post at Maryland for All Families following up on the free-speech controversy that flared up when Del. Emmett Burns, a Democratic lawmaker in Annapolis, wrote to the owner of the Baltimore Ravens demanding he silence linebacker Brendon Ayanbadejo, a vocal advocate of same-sex marriage (earlier). Discussion elsewhere: Rob Tisinai/Box Turtle Bulletin, Amy Alkon, Howard Wasserman/Prawfs, BaltimoreRavens.com (team’s front office supports Ayanbadejo), David Frum, and a First Amendment analysis from Hans Bader.
Update: Amid widespread public support for Ayanbadejo, Del. Burns has now backed off his attempt to muzzle the linebacker [Baltimore Sun] Did any prominent critics of same-sex marriage speak up in favor of the Ravens linebacker’s free speech? If not, they missed an opportunity to underline the principled nature of their oft-voiced concern that those on the “wrong” side of the marriage issue will face official retaliation.
Tagged as:
football,
free speech,
Maryland,
same-sex marriage
