Tag: first amendment
Pam Bondi's Attack On Free Speech Sparks Bipartisan Fury

Pam Bondi's Attack On Free Speech Sparks Bipartisan Fury

Critics are destroying U.S. Attorney General Pam Bondi for demanding businesses fire or punish employees who exercise free speech — after years of defending businesses’ right to deny customers with whom they disagree.

While speaking to Fox News on Monday, Bondi demanded a print business allow a customer to print posters for slain MAGA influencer Charlie Kirk.

“If you want to go and print posters with Charlie's picture for a vigil, you have to let them do that. We can prosecute you for that. We have right now our civil rights unit looking at that,” Bondi told Fox.

But social media exploded at Bondi’s claim, with critics reminding Bondi that Republicans have championed businesses’ right to deny services to LGBTQ customers.

“Republicans fought hard for years for the right of businesses to refuse any job they want even if it was on the grounds of legally protected civil right status. They were also always lying. It was always a deliberate and knowing lie,” wrote Kyiv-based journalist Anthony Bartaway, on X.

“Masterpiece Cakeshop, there's a call on hold for you,” wrote First Amendment lawyer Adam Steinbaugh, referring to a Colorado cake shop that the Supreme Court declared had a right to deny service to a same-sex wedding.

“Declaring that a private business refusing to print a vigil poster for the President's friend is a civil rights violation is an interesting legal argument,” said news anchor Kyle Clark, also referring to Masterpiece Cake Shop, in Colorado.

Other free speech enthusiasts pounced on Bondi’s comment: “This is psychotic,” posted Reason magazine reporter Billy Binion on X. “The federal government cannot, in fact, prosecute you for refusing to print a message you disagree with — which was core to Republicans' ideology until all of 5 seconds ago. I am speechless.”

Binion later added that Bondi is “saying things on national television that someone would be able to debunk after taking intro to civics. It is not a good look for our country.”

“Fact check: they cannot, in fact, prosecute you for refusing to print Charlie Kirk's picture for a vigil,” posted First Amendment and defamation lawyer Ari Cohn, adding, “Pam Bondi's competence to practice law is very much in question.

Earlier, Bondi attempted to create a difference between “hate speech” and “free speech,” and warned that the federal government will “absolutely target” hate speech, to which commenter Robert Sterling responded “policing hate speech is not the government’s role.”

Free speech legal advocate organization TheFire.org also slapped Bondi’s comment, pointing out on X that “there is no hate speech exception to the First Amendment.”

Reprinted with permission from Alternet.

The Big Chill: How Trump's Censorship Crusade Dishonors Charlie Kirk

The Big Chill: How Trump's Censorship Crusade Dishonors Charlie Kirk

I disagreed with most of what the martyred rightwing thought-warrior said. But it would have been far better to have him alive today to argue with. In his famous tract arguing against censorship, the English poet John Milton laid down the foundation of our concept of freedom of speech. Milton’s argument was that Truth and Falsehood should “grapple” in the public square, because in the end, “who ever knew Truth put to the worse, in a free and open encounter?”

The tract was called Areopagitica, a reference to Areopagus, the hill in Athens named after Ares, the god of war. It was published in 1644, at a time of great political upheaval and violence (the British had just beheaded their king and religious conflict had been increasing across Europe since the invention of the printing press).

Milton wrote it in response to Parliament passing a law requiring a pre-publication license on pamphlets. Almost four centuries on, the nation founded on the principles he set forth is confronting a similar challenge.

The last time I paid attention to Charlie Kirk before he died was when he came on my Twitter feed opening a chat room called “Should Taylor Swift Submit?” Kirk was one of the right wing bros obsessed with TayTay (I wrote about that here) and this was how he marked the occasion of her engagement to Travis Kelce.

I tuned in for a minute, as he was exclaiming that he didn’t want a wife who told him where to invest his money. What a strange obsession, I thought again. And flagged it for examination in a future Freakshow. Alas, that won’t be written.

Kirk was a polemicist and an effective one. He said outrageous and deeply offensive things. Black women “do not have the brain processing power to be taken seriously.” He praised the idea of public executions and called for the death penalty for Joe Biden.

To add pious odiousness to insult, he did all that while praising Jesus, of course.

Kirk’s accused assassin was raised to be a sharpshooter by his own gun-loving conservative family. If he was influenced to murder by the left, as the Trump administration wants us to believe, he is an outlier among our nation’s heavily armed cohort. But yesterday, the Vice President sat in Charlie Kirk’s podcasting chair and laid out the Trump administration's plan to use Kirk’s death to criminalize dissent.

Political animal Vance cannot hope to don Charlie’s mantle. He’s wobbly on the issues and will never possess the mesmeric reality star wizardry that the president has over the masses. But the MAGA movement needs a younger unifier if and when King Don steps off the mortal coil, and Vance is first in line.

From the White House, Vance announced that the government will use the Kirk assassination as a tool to go after NGOs and left leaning groups. It’s not yet clear which ones, but presumably they mean to reclassify many of MAGA’s political foes, pesky civil liberties organizations and independent or corporate journalists as hate speakers. Meanwhile, Trump – as ever utterly transparent about his true aims – announced he is suing the New York Times and four reporters for $15 billion supposedly for endorsing Harris “on the front cover” of the paper.

More likely – based on the timing – he’s upset that the Times team is not taking eyes off the shameless self dealing and personal enrichment he is overseeing from inside the White House.

Two things are going to break MAGA, two things that therefore must be shut down, speech-wise. One is Epstein – as Michael Wolff put it in his latest Instagram mini-lecture, Trump cannot get away from Epstein because “Epstein” is “everything we don’t know about Donald Trump.”

The second thing that must be silenced is Gaza, which the UN has finally officially recognized as genocide. Two years of increasingly shocking restrictions on Gaza speech here and abroad are the kernel out of which the current clampdown grows. Yet even Charlie Kirk, a staunch Israel supporter who spent most of his time around college kids, could not have missed what an issue this is for youth on both sides of the political divide.

It is probably too late to do this, but let’s envision where this crackdown on speech and thought is headed. What is an America where dissent is criminal, where every person must first test a thought or an idea against how the religious right or the regime might respond?

We already live in an America where it’s legal to spread lies about public health and vaccines, where American history is being erased by executive order at the Smithsonian and the National Park Service, and where Bari Weiss is about to be empowered by one of the biggest media concerns in the world to tell us to love Israel unconditionally.

As if that wasn’t enough, now those who disagree must be criminalized.

I will always remember something about the inauguration of Trump 2017. There wasn’t much of a crowd (nowhere near the wall of humanity at Obama’s 2009 inauguration). All along Pennsylvania Avenue, peaceful protesters were penned off behind riot guards. These groups provided spots of color and even gaiety, with clever signs and songs. Shuffling between them on the sidewalk were the free people, visitors from states that had supported Trump, wondering what they were supposed to be doing.

Four years later almost to the day, January 6, 2021, the world witnessed a very different kind of scene in Washington, with no singing and no peace. The effects of the right’s online radicalization pipeline are well-known, including mass murders of innocent Americans from Santa Barbara to Pittsburgh to El Paso to Minneapolis.

Areopagitica is considered one of the foundational arguments against censorship and for freedom of thought in modern western history. Thomas Jefferson paraphrased some of it in his inaugural address: "Error of opinion may be tolerated where reason is left free to combat it."

The key word is tolerated. We might not all like each other in this great American experiment of blended peoples and ideas, but to survive as a democracy we agree to tolerate one another.

The pen, it is said, is mightier than the sword. We scribes and polemicists and provocateurs – maybe even Kirk too – like to think that’s true. In some sense, it is. Words inspire and create movements and disagreement, force people to think, and promote a vitality that is the very best of America.

As Milton wrote: “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.”

Words are powerful. But as we see in the tens of thousands of gun killings across our nation, now including Kirk’s murder, words and weapons are not equal. Not at all. And we are about to restrict the less lethal of the two.

Nina Burleigh is a journalist, author, documentary producer, and adjunct professor at New York University's Arthur L. Carter Journalism Institute. She has written eight books including her recently published novel, Zero Visibility Possible.

Reprinted with permission from American Freakshow.

Rambling Incoherently On War, Trump Threatens Protesters With 'Very Big Force'

Rambling Incoherently On War, Trump Threatens Protesters With 'Very Big Force'

President Donald Trump made a series of inaccurate claims in his remarks on Tuesday, conflating World War I and World War II, incorrectly suggesting he spoke with the governor of California on Monday when it was just after midnight Saturday morning, and asserting—contrary to the First Amendment—that protests, even peaceful ones, can be shut down with “heavy force.”

During remarks to reporters in the Oval Office, Trump was asked when he last spoke with California Governor Gavin Newsom. “

A day ago,” he said Tuesday afternoon, which was three and a half days after the governor confirmed his phone call. Trump also confirmed the call by sending a screenshot to a Fox News reporter. The screenshot read June 7, 1:23 AM.

“Recently, other countries celebrated the victory of World War I, France was celebrating, really,” Trump told troops at Fort Bragg on Tuesday afternoon. “They were all celebrating. The only one that doesn’t celebrate is the USA and we’re the ones that won the war. Without us, you’d all be speaking German right now. Maybe a little Japanese thrown in. But we won the war.”

The United States was part of a coalition during both WWI and WWII. Trump was speaking about WWI, but then claimed, “Without us, you’d all be speaking German right now. Maybe a little Japanese.”

That’s a reference to World War II—Japan was on the side of the Allies, with the U.S., in WWI.

Also on Tuesday, Trump declared that anyone caught protesting his controversial military parade on Saturday will be met with “very heavy force,” despite the First Amendment to the U.S. Constitution clearly protecting political protests.

“We won the war, and we’re the only country that didn’t celebrate it, and we’re going to be celebrating big on Saturday,” Trump claimed. Veterans Day was initially created as Armistice Day to honor those who died in World War I.

“And if there’s any protestor that wants to come out, they will be met with very big force. By the way, for those people that want to protest, they’re gonna be met with very big force. And I haven’t even heard about a protest, but, you know, this is people that hate our country, but they will be met with very heavy force.”

The First Amendment protects both political speech and the right to “petition the government for a redress of grievances.”

Trump did not state “violent protestors,” or “rioters.” He said “any protestor.”

Watch the videos above or at this link.

Reprinted with permission from Alternet.

Media Matters Names Its 'Misinformer Of The Year'

Media Matters Names Its 'Misinformer Of The Year'

The role of the free press, enshrined by the Constitution’s First Amendment, is an essential element of our democracy. The public cannot become informed about the problems facing our country and the efforts to improve or worsen them without robust protections for journalism.

But powerful people hate the light journalism shines on them and the dissent it can spur. A coalition of right-wing billionaires, Republican law enforcement officials, and an authoritarian once and future president are using wealth, lawfare, and government power to silence the press and carry out their political agenda unimpeded. And they are perilously close to succeeding.

Media Matters is naming anti-media intimidation the Misinformer of the Year for 2024 for its chilling effect on essential press freedoms.

ABC News’ agreement to settle Donald Trump’s defamation lawsuit is a foreboding sign of the current media climate and where it may be headed.

Legal experts and executives at ABC News parent company Disney reportedly thought that the outlet would eventually prevail. But its lawyers reportedly feared “litigating against a vindictive sitting president and risking harm to its brand.” They even worried that the suit could “become a vehicle for Mr. Trump and his allies to overturn the landmark First Amendment decision in New York Times v. Sullivan,” The New York Times reported.

If media lawyers are worried that a defamation lawsuit could ultimately demolish the bedrock legal precedent limiting such suits, then that protection functionally no longer applies.

The results of that shift could prove devastating to news outlets large and small and chill speech across the nation.

Trump’s lawyers have already filed a new lawsuit against Iowa pollster Ann Selzer, her polling firm, The Des Moines Register, and the Iowa paper’s parent company Gannett, accusing them of consumer fraud for publishing Selzer’s poll.

Other suits from anyone else who benefits from a cowed press will surely follow.

The purpose of these intimidation tactics — to which we had already been subjected — is to silence adversarial speech. If powerful individuals can force critics to pay a hefty price, they will be much more hesitant to take risks. And those without the financial resources for protracted legal fights will either back down or risk crippling costs. With journalists silenced, crucial stories will go unwritten — and the American public will lose out to right-wing power.

Reprinted with permission from Media Matters.

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