Category: First Amendment rights

Categories
First Amendment rights free trade & free markets too much government

Unfree Financial Speech

Can you get in trouble with the law — or at least a government agency’s unlimited regulatory power — for peacefully telling the truth?

You can, despite the protections articulated in the First Amendment and the greater respect sometimes accorded to freedom of speech than to other constitutionally protected rights.

It is possible because when they assault speech, government officials claim to be opposed not to the right to speak freely but to something else. They say they’re combating lung cancer, the influence of money on politics, or the unequal distribution of information to investors.

This summer, Reed Hastings of Netflix committed the sin of boasting on Facebook that monthly viewing of Nexvids “exceeded one billion hours for the first time ever in June.” Sounds innocent enough.

Come December, though, and the Securities and Exchange Commission has threatened to bring civil charges against Netflix for allegedly violating “public disclosure rules.” SEC Regulation FD requires public companies to make “full and fair disclosure” of “material” information that is not already public.

The SEC still thinks that 244,000 Facebook subscribers don’t fully and fairly constitute the public, but the communication cannot by any reasonable, modern construal be a case of offering “insider information.” How much more “outside” from the back rooms of a corporation can you get than Facebook?

The absurdity, here, lies in the SEC’s rules and its interpretations of those rules — and in the blind, confused, bankrupt way bureaucracies, which don’t go bust as the companies they oversee can, enforce their rules.

That is why Bernie Madoff slipped through the SEC’s fingers for years, while Netflix finds itself in hot water for a Facebook posting.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights national politics & policies political challengers

Silence, Please?

At this time in an election year, condemnations of “negative” political ads crescendo to fortissimo. But hey: Are folks really so attached to watching the standard menu of TV advertisements for GEICO, Viagra, and Chia Pets?

I doubt it. I think they worry about what such nasty attacks say about our political process. Granted, many 30-second political spots stretch the truth like a pretzel, though not any more than the candidates regularly do in person.

Still, political debate today is no nastier than it was when Washington and Adams and Jefferson roamed the earth.

And TV wasn’t even very big back then.

“An onslaught of negative political advertisements in congressional races,” the New York Times relates, “has left many incumbents, including some Republicans long opposed to restrictions on campaign spending, concluding that legislative measures may be in order to curtail the power of the outside groups behind most of the attacks.”

Incumbents are smart . . . and informed about campaigns. I’ll bet they know that in the 54 races lost by incumbents in 2010, Super PACs spent on average over $900,000. In races incumbents won, about $75,000.

“Incumbents have a lot more money than challengers do,” Professor Bradley Smith, former Commissioner of the Federal Election Commission, points out, “and Super PACs help to level that playing field and make challengers competitive.”

Incumbents think that elections are a time for them to speak. It’s all about them. Plus, no one — great, lousy or mediocre — likes to be attacked.

But elections in a free society are a time for everyone to speak.

This is Common Sense. I’m Paul Jacob.

Categories
ballot access First Amendment rights general freedom initiative, referendum, and recall

Concerned and Confused

Why call it “political correctness,” when it’s simply “political” and so terribly incorrect?

Whatever we call it — “a totalitarian impulse” comes to my mind — placing Angela McCaskill on administrative leave from her job at Gallaudet University is just flat-out wrong.

“It recently came to my attention that Dr. McCaskill has participated in a legislative initiative that some feel is inappropriate for an individual serving as Chief Diversity Officer,” Gallaudet President T. Alan Hurwitz wrote, last week, on the University’s Facebook page. McCaskill’s alleged transgression was to sign a petition to refer the Legislature’s same-sex marriage law to the ballot for Maryland voters to decide, and potentially overturn.

Hurwitz didn’t mention any specific policy violated by McCaskill. Worse, while acknowledging her “right to sign a petition,” Hurwitz added, as if in clarification, that “many individuals at our university were understandably concerned and confused by her action.”

There appears to be much confusion at Gallaudet . . . about the meaning of freedom.

President Hurwitz, who faces criticism from both proponents and opponents of the same-sex marriage referendum that started this fracas, claimed to be confident that a “resolution of this matter can be reached,” hazarding that it “will require that she and the university community work together to respond to the concerns that have been raised.”

A “resolution”? McCaskill has an attorney, and the greater likelihood is a large lump sum settlement for violating her civil rights.

This is Common Sense. I’m Paul Jacob.

Categories
education and schooling First Amendment rights free trade & free markets

Demanding Demands

Logic and evidence? Or bullying and intimidation?

A member of a local Pennsylvania teachers union has demanded the resignation of the vice president of the West Chester Area School Board, Heidi Adsett, for suggesting in a letter to the editor that, instead of threatening to strike, teachers unsatisfied with hefty compensation packages try their luck elsewhere.Free Speech Zone

Adsett had also said that Pennsylvania should ban teacher strikes.

The member of the West Chester Education Association spoke up at the school board meeting after the letter had been published, objecting to Adsett’s statement on the grounds that it expressed “publicly venomous animosity [against] our teachers,” and clashed with support for public education. Other union members applauded. Others professed confusion about whether Adsett was speaking officially for the whole board.

In his report on the fracas, Ben Velderman quotes the president of Stop Teacher Strikes, Simon Campbell, who observes that congressmen “are interviewed all the time. None of them say, ‘Well, I want to make it clear that I’m not representing the whole of Congress.’”

Union defenders “can’t argue the facts,” says Adsett, “so they have to try and argue by bullying and intimidation.”

Whether public employees should be permitted to strike is debatable. Were education privately run and unions not free to bully persons crossing picket lines, then parents, taxpayers and schools wouldn’t have to worry about being pushed into paying teachers far above market rates. But that’s not the current situation. We have public schools, and our democratically elected school board members should be just as free to speak — to debate — as voters are.

Democracy, after all, requires free speech. And public education, for all its problems, surely doesn’t require democracy’s suppression.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights ideological culture video

Video: A “Free Speech Wall” Falls

If you agree to a “free speech wall,” you can’t complain about the speech that offends you, can you? Well, if you run a college, I guess you can:

Note that it wasn’t the use of the vulgar “f-bomb” that upset the professors. It was the use of one against the current U.S. president.

Categories
ballot access First Amendment rights political challengers

“Top Two” Goes South

Washington State has a long history of popular antagonism to political parties. For years, the state enforced an open primary, which meant that Republicans could vote in Democratic primaries and Democrats in Republican primaries. This was very popular, because it led to widespread strategic voting.

Well, that’s a euphemism. In open primaries, what you get is not mere strategic voting so much as sabotage. I have heard of Democrats and others boasting of voting in Republican primaries, for example, supporting Pat Robertson. Why? They believed Robertson to be unelectable, and hoped putting Robertson ahead would undercut the GOP in independent voters’ eyes, and make running against the party easier in the general election.Shooting numbered ducks.

Well, a few years ago that system was thrown out as unconstitutional, as an abridgment of free association rights.

But instead of allowing party members to select candidates, Washington State movers and shakers cooked up something else altogether. They set up a system wherein anyone could use a party’s label — even if that party’s members don’t know said candidate or despise him. Robbing parties of any control over candidates offered in their name is far worse on the very constitutional issue that nullified Washington’s traditional open primaries. Though Top Two has been legally challenged, the U.S. Supreme Court just this week refused to hear arguments.

The name “Top Two” comes from the fact that only the top two vote-getters in this super-open primary are on the general election ballot. The new system has completely removed minor party candidates from the general election ballot, when most folks vote.

Top Two has had the same impact in California. Arizona voters will decide the issue this November, on their ballot as Prop 121.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights ideological culture

Half Clocked

Outside the U.N. General Assembly, Iranian President Mahmoud Ahmadinejad was asked if Salmon Rushdie remained under a death sentence. Iran’s Supreme Leader, Ayatollah Ruhollah Khomeini, had issued a fatwā for the author’s fourth novel, The Satanic Verses, in 1989. Though that specific death sentence was rescinded a decade later, others have renewed the call for Mr. Rushdie to be killed.

Ahmadinejad responded jokingly, “Is he here in the United States? . . . If he is . . . you shouldn’t broadcast it for his own safety.”

Clearly, Mahmoud never completed a Dale Carnegie course.

On the bright side, nothing so clearly articulates the superiority of our system of government over Iran’s as does our embrace of free speech and their rejection of it.

Tragically, political leaders in the West often fail to stand up for this freedom. The Iranian leader cited a German law to claim the West has a double standard. He argued that Germany’s prohibition on publicly denying that the Nazi Holocaust ever happened makes it a criminal offense to “embark on historical research.”

Now, Mr. Ahmadinejad is a Holocaust denier, his point about historical research is moronic, and the tyrannical government he figure-heads would really, really like nuclear weapons, making him extremely dangerous, to boot. But, more tragically, he has a point here.

He’s half as good as a stopped clock.

Germany’s abridgment of freedom in this instance doesn’t help battle Nazism, much less Islamofascism; it hurts by undercutting a key value. We have nothing to fear from free speech. Indeed, it’s important to hear fully what both our friends and our enemies are thinking.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights judiciary

The Truth-Telling Defense

In these United States, must you pay $60,000 for the “crime” of publicly telling the truth about someone?

What if you’re a mere blogger rather than a network news anchor?

Back in March of last year, a jury decided that Minneapolis blogger John Hoff must pay $35,000 for lost wages plus $25,000 for emotional distress to Jerry Moore because Hoff had blogged, in 2009, that Moore was involved in mortgage fraud. After Hoff’s post hit the cyberwaves, Moore was booted from the University of Minnesota.

The jury did not find that Hoff had libeled Moore. Instead, Hoff had supposedly committed “tortious interference” with Moore’s employment, presumably by giving the university information that it found convincing and relevant. (Hoff didn’t fire Moore. The university did.)

Luckily, this verdict, though horrific, didn’t provide the final word. The Minnesota Court of Appeals has just overturned it, arguing, in part: “Because truth is an absolute defense to a claim for defamation, truth should also be a defense to a claim for tortious interference with a contract arising out of an allegedly defamatory statement.”

Eugene Volokh of The Volokh Conspiracy judges the case a “big victory for free speech.” Apparently, the First Amendment can take a licking and keep on ticking.

It’s unfortunate, however, that this truth had to be affirmed at the cost of three years of time, trouble and anxiety for Mr. Hoff.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights too much government

Permit Needed

It’s hot out, and I’m thinking of ants.

Specifically, I’m thinking of the City of Phoenix functionary who told Dana Crow-Smith and her fellow Christian proselytizers that they could not hand out bottled water in the 112-degree heat. She and her fellow “good Samaritans” lacked a permit for vending.

Though, as Brian Doherty noticed on Reason’s website, she wasn’t vending. She was giving.

One needs a vendor’s license to give?

Thankfully, lawyers have come to the rescue, claiming that the city has violated the good Christian lady’s “First Amendment right to freely exercise her religion, her Fourteenth Amendment due process rights, as well as Arizona’s Free Exercise of Religion Act.”

Specifically, Ms. Crow-Smith demands a formal apology from the city, hoping, she says, to avoid a lawsuit. She just wants to be able to hand out water as she spreads the gospel. “I don’t think it’s even about religious beliefs.” she said. “I think anybody should be able to give away water on the sidewalk to anybody.”

Anarchy! Chaos!

Government isn’t about freedom, or even “nice.” On the one hand, governments increasingly force people to behave like the Gospel’s Good Samaritan; on the other, if you spontaneously take on the role yourself, government folk want you to get permission, first.

Call it insect logic. Above the ant colony in T.H. White’s The Sword in the Stone, there is written the ants’ totalitarian motto:

EVERYTHING NOT FORBIDDEN IS COMPULSORY.

Hot or cold, we must not let our governments take such insectoid philosophy as a principle. (Oh, and Phoenix? Apologize.)

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights Ninth Amendment rights too much government

The First Isn’t Enough

The First Amendment isn’t enough.

Because its provisions have stronger teeth than most other amendments in the Bill of Rights, it gets put into service quite a lot, to bolster other freedoms. It’s a pity there’s no general “right to freedom” — or even “freedom of contract” — amendment.

A Western Pennsylvania Christian higher education outfit, Geneva College, joined by Seneca Hardware Lumber Co. in Cranberry, has sued the federal government over the new “Obamacare” requirement to provide morning-after “contraception” to employees, saying that the provision violates their religious freedom. The Justice Department argues that the case should be thrown out, on grounds that public entities like the college and the lumber company do not possess the legal right to “impose” their religious values on others.

As noted at reason.com, this is a weird misreading of the crucial negative right/positive right distinction: Under the “negative right” to freedom, an employer not providing a benefit to employees imposes nothing. Quite literally. The imposition lies entirely with the government forcing its way into contracts between businesses and employees.

One could construe a positive right to contraception, I guess, but that positive right would also be an imposition. “Imposition” belongs to the language of positive rights.

The government’s lawyers also object to the hardware company seeking sanctuary (so to speak) in the First Amendment to oppose the contraception mandate. If just anyone can appeal to the First Amendment’s freedom of religious exercise clause, then the government could hardly enforce conformity.

Well, yes.

That’s the idea of limited government. The problem, today, is that we citizens don’t have enough legal oomph to protect ourselves (either as employers or employees) from the federal government’s vast overreach.

This is Common Sense. I’m Paul Jacob.