Showing posts with label free speech. Show all posts
Showing posts with label free speech. Show all posts

Monday, August 06, 2012

How 'Indefinite Detention' Has Made of the U.S. a 'Police State'

by Len Hart, The Existentialist Cowboy

It was in January, 2002 that the UN Committee Against Torture condemned the treatment of prisoners held at Abu Ghraib by noting that 'indefinite detention' was a violation of the UN Convention against torture! But even worse for U.S. Citizens is the threat that is likewise posed against citizens of the United States. In short, if the government or the President should merely 'deem' you to be a terrorist, you can be dropped into a hole and never seen or heard from again! This continues to be a threat to all Americans of every stripe and income bracket, of every political persuasion left or right should it run afoul of 'powers that be'! The word for this is: tyranny!

The detention sections of the NDAA affirm "...the authority of the President under the AUMF, a joint resolution passed in the immediate aftermath of the September 11, 2001 attacks, includes the power to detain any person "...who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners". Anyone so targeted may be held indefinitely "without trial, until the end of the hostilities authorized by the [AUMF]". Of course, there is no 'end of hostilities' in an Orwellian perpetual war.

The Sixth Amendment is violated when U.S. Citizens are alllowed to be detained (locked up) indefinitely at any place in the U.S. or abroad if you are merely 'deemed' to be a terrorist! 'Probable cause' is no longer required; you may be locked up if you look funny or Arab! You may be locked up if you are merely 'deemed' to be a terrorist! There is no 'burden of proof' nor is there any requirement that the government produce 'probable cause' that you have committed a crime of any sort! American citizens may be stripped of all rights if he/she is but 'declared' or 'deemed' to be a 'terrorist', however baseless that declaration may be! Those unfortunate targets of this dictatorial, draconian, tyrannical, anti-democratic measure are subject to being snatched, dropped into an Abu Ghraib type hell-hole or --worse --a Texas gulag and never seen or heard from again!

This is a violation of the Fourth Amendment which reads:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
These measures are all gross and egregious violations of the 14th amendment prohibiting the federal government, the various states and local governments from depriving persons of life, liberty, or property in violation of DUE PROCESS OF LAW, established previously in the 4th Amendment!

This clause makes 'protections' stated clearly and unambiguously in the Bill of Rights applicable to the states. In other words, even states are subject to the SUPREME LAW OF THE LAND --the Constitution! These draconian measures are not merely illegal but treasonous and those supporting them are traitors to the U.S. Constitution, the Bill of Rights and to the people of these United States which are 'sovereign' whether the polticians and lobbyists in Washington recognize that fact or not!

Moreover --I DENY that either President nor Congress nor statutes signed by the President may NULLIFY the above principles of Constitutional law as articulated in the Fourth and Fourteenth Amendments!

Monday, July 18, 2011

A Citizen's First Defense Against Tyranny

by Len Hart, The Existentialist Cowboy

Over the years, I have had the good fortune to have met some interesting people, many of whom I considered to be mentors. Many of them probably never knew how much I had learned from them. Some were famous but many, many more were not but the lessons learned were just as important and, in many cases, more so.

Dick DeGuerin, a near legendary Houston-based defense attorney whom I knew briefly in Houston, TX, credited many people for having been his mentors. Those include, of course, lengendary trial lawyers --among them Percy Foreman with whom he worked for years. When 'Texas Monthly' interviewed DeGuerin, the famous lawyer underlined how important it is that all our citizens acquire an essential knowledge of those few documents that guarantee ---by law --our rights as people and citizens.
Times, took a kind of informal poll of people. He stood out on a corner and read various lines to people and asked them where it came from and if it was a valuable right, etc. A lot of people said “Well it must be the Communist Manifesto” or some radical writing or we don’t need that. What he was doing was just reading the Bill of Rights.

--Dick DeGuerin, Famous Defense Attorney as quoted in 'Texas Monthly'
Our 'rights' are guaranteed us in the Constitution and the Bill of Rights! They are not 'common law'; they were written down on paper, put before the people and ratified! They are the law! We must be vigilent in their defense as the laws themselves have protected us from those who would deny them. Until A. Scalia can undo them, the mountainous body of case law that affirms them and protects us from tyranny.

We must be vigilent. It is clear of late that the government must not be expected to think for us! Nor will the powerful lobbies on K-street restrain themselves. They are not paid to protect us. They are paid handsomely by wealthy special interests NOT to protect the rights guaranteed you in the Constitution; rather --they are paid to protect --not rights but privileges that are claimed by the increasingly rich and powerful ruling elite. This elite of just 1 percent of the total population owns more, controls more 'wealth' than the rest of us combined.

If you would be free, you must defend freedom for every citizen.
Your Honor, years ago I recognized my kinship with all living beings, and I made up my mind that I was not one bit better than the meanest on earth. I said then, and I say now, that while there is a lower class, I am in it, and while there is a criminal element I am of it, and while there is a soul in prison, I am not free.

--Eugene Debs, upon sentencing on November 18, 1918 to ten years in prison
Eugue Debs opposed U.S. entry into World War I but was arrested, jailed and sentenced for having opposed it in a speech. Free speech did not exist for Debs. But as he himself made clear, if anyone is denied free speech, if anyone is denied his/her freedom, WE are not free!

His sentence was appealed but upheld by the Supreme Court in a decision famous for a blatant fallacy, an obvious false analogy that would not be equaled until A. Scalia would join the court and reverse the laws of cause and effect! Justice Oliver Wendall Holmes likened Debs' opposition to the U. S. entry into WWI to '...yelling fire in a crowded theater' when there is no fire.

But ---there was a fire!

There was a clear and present danger then just as there is now --the 'clear and present danger' that is posed to every 'right' that is listed in the First Ten Amendements to the U.S. Constitution. Then as now, war --whether declared or undeclared, legitimate or no --seems always to be the convenient rationalization by which our very freedoms are or will be denied to us.
Tens of thousands of Americans are being held in super-maximum-security prisons where they are deprived of contact and psychologically destroyed. Undocumented workers are rounded up and vanish from their families for weeks or months. Militarized police units break down the doors of some 40,000 Americans a year and haul them away in the dead of night as if they were enemy combatants. Habeas corpus no longer exists.
American citizens can “legally” be assassinated. Illegal abductions, known euphemistically as “extraordinary rendition,” are a staple of the war on terror.
Secret evidence makes it impossible for the accused and their lawyers to see the charges against them. All this was experienced by the Argentines. Domestic violence, whether in the form of social unrest, riots or another catastrophic terrorist attack on American soil, would, I fear, see the brutal tools of empire cemented into place in the homeland. At that point we would embark on our own version of the Dirty War.

--Chris Hedges, America's Dissappeared
In Orwell's '1984' the institutional denial of all rights and, indeed, humanity itself is 'justified', rationalized and made 'the law' because of 'war', a perpetual state of war. In 1984, the war may have been a fiction maintained by government for the very purpose of enslaving the population. Likewise, a 'War on Terrorism' need never end! Thus --the government need only cite it to deny you every ratified right listed in the first ten amendments to the U.S. Constitution.

But --a citizen cannot defend those things about which he/she is ignorant. At the very least, a good citizen should be expected to have read the Bill of Rights --the first ten amendments to the U.S. Constitution. Every citizen should know what his/her rights are and should be prepared to quote them to your arresting officers and/or any 'judge' who would deny you those protections.

Thursday, May 05, 2011

The Right Wing Renews its Ongoing War on a Fair and Free Media

by Len Hart, The Existentialist Cowboy

The U.S. right wing will not be happy until every American is reduced to a mere 'consuming' machine, a unit, into which is fed the most absurd lies, the most outrageous right-wing rewrites of history, the most transparent pre-texts for war, aggression, oil theft, ongoing deprivations of civil liberties. As wealth is transferred upward to what is now a ruling elite of just one percent of the entire population, we are expected to concede our last redoubt: 'our' media!
Krasnow: "The spectrum is there whether it is used or not; only when it is enhanced by the use of broadcasters and others does it have any value at all to the public."

--Former FCC Counsel Erwin Krasnow Calls For End To 'Public Ownership Of Airwaves' Standard
The latest outrage is the more recent reprise of the right wing's ongoing attack on what had been the people's airwaves, the people's media, the people's right to know and its implicit corollary: the people's right to be told the truth!

Krasnow's conclusion is absurd! What value has the public derived from being lied to and/or brainwashed? If his only concern is how 'broadcasters' may return a profit then consider the more reasonable alternative to the 'theft' of publicly owned airwaves. Let the corporations rent the airwaves from the 'people' whose ownership of the public airwaves was recognized by the Communications Act of 1934! Even better --allow a publicly owned corporation to manage and utilize the 'airwaves" for the benefit of millions that are reduced to mere demographic targets today!

Where is the precedent, the principle that says the public at large is responsible for ensuring that big corporations make big money? Where --in the history of Europe and the U.S. --is there an established principle that the people are responsible for ensuring that a corporation be successful? Where is the principle that awards assets to a private enterprises because 'profits' are not returned to someone should the people own them? There is no such principle! But given enough time Antonin Scalia is sure to pull something just as absurd out of his ass!

To expect the public to finance the very lies that are served up to them is absurd if not criminal! KRASNOW'S reasoning is fallacious, a right-wing inspired rationalization, an ex post facto excuse to let huge corporations reap huge profits by lying to us, brainwashing us, and otherwise kissing up to the right wing of which they are a part! Such a corporation could not possibly do a worse job than have the likes of FOX et al. As evidence --I give you Rush Limbaugh, Billo, Hannity, the entire FOX network and every screaming Limbaugh wannabe in the nation! It is time these charlatans and posers be denied the 'privilege' of yelling 'FIRE, FIRE' in a crowded theater(s)!

The full-court press against the people's rights began when Ronald Reagan appointed communications attorney Mark Fowler to head up the Federal Communications Commission. Fowler had served on Ronald Reagan's presidential campaign staff in 1976 and 1980. He became Reagan's hatchet-man. The FCC began to repeal parts of the Fairness Doctrine, announcing in 1985 that the doctrine had hurt the public interest and violated free speech rights guaranteed by the First Amendment." That's nonsense.

Trashing the Fairness Doctrine, in fact, denied 'free speech' to everyone but the ruling elites who can afford the millions of dollars it takes to own and operate a radio station, perhaps the billions required to operate a world-wide network of right wing nuts, fascists, and goofy goons like Billo Really? and Glenn Beck! ? Ask youself: does 'free speech' exist at all when ONLY the likes of Billo and Beck have the 'right' to lie to millions every second that they are on the air? Of course not! You have been reduced to passive vassal. As long as the right wing continues to steal and abuse what had been YOUR airwaves, free speech exists only for the mere 1 percent who can afford to buy a network or even a single radio station!


Share

Subscribe



GoogleYahoo!AOLBloglines

Add to Google

Add to Google

Add Cowboy Videos to Google

Add to Google

Download DivX

Friday, October 08, 2010

An Alternative to Tyranny: Restore the Fairness Doctrine

by Len Hart, The Existentialist Cowboy

The right wing is lying to you again. They have rolled out the media, which they now own, to tell you, to brainwash you, to intimidate you into believing that if the Fairness Doctrine is restored, you won't have free speech anymore. That is an egregious, bald-faced lie!

You don't have free speech NOW but only because you no longer have access to media. You might have had effective free speech if the Fairness Doctrine had not been trashed by Ronald Reagan, Reagan-heads and wing nuts.

Today --the airwaves are no longer yours; the 'airwaves' are owned by about five or six huge conglomerates which oppose fairness because, it is absurdly and fallaciously said that it would infringe their rights of 'free speech'. The only rights that have been infringed are YOURS!

What about your rights?

I can answer that: you are 'outta luck'! What had been your rights are denied you and given to big corporations with but a stroke of a pen! That just five or six corporations may exercise 'free speech' while you, a real living, breathing person may not is the inevitable, perhaps defining result of fascism.
When the Sinclair Broadcast Group retreated from preelection plans to force its 62 television stations to preempt prime-time programming in favor of airing the blatantly anti-John Kerry documentary Stolen Honor: Wounds that Never Heal, the reversal wasn't triggered by a concern for fairness: Sinclair backpedaled because its stock was tanking.

The staunchly conservative broadcaster's plan had provoked calls for sponsor boycotts, and Wall Street saw a company that was putting politics ahead of profits. Sinclair's stock declined by nearly 17 percent before the company announced it would air a somewhat more balanced news program in place of the documentary (Baltimore Sun, 10/24/04).

But if fairness mattered little to Sinclair, the news that a corporation that controlled more TV licenses than any other could put the publicly owned airwaves to partisan use sparked discussion of fairness across the board, from media democracy activists to television industry executives.

--Steve Rendall, The Fairness Doctrine: How we lost it, and why we need it back
I wish Randall had entitled his article: FREE SPEECH: How we lost it and why we need it back! Fact is, there is no freedom of speech if it is reserved to just one percent of the population. That is the case today!

And it was so easy to deny you both free speech and fairness! Access that had been yours by right of free speech [First Amendment] and affirmed by law [Fairness Doctrine] was denied you with the stroke of Ronald Reagan's pen!

Huge corporations, now called 'real people' by a deluded, psychopathic SCOTUS which believes that only the very, very, very rich have rights like free speech. Because you are not rich, you must be silent. Because you cannot afford the millions of dollars it would require to buy the 'time' that is wasted by the likes of demagogues Billo Really? and Rush 'Lard Ass' Limbaugh, an opposing view, or even a correction of outright lies, is simply not possible.

Big Brother lives!

As a major market News Director, I administered the Fairness Doctrine which ensured that everyone, every group had a voice on the very airwaves that the Communications Act of 1934 said belonged to the people. Just try to get on the air today. Telling them that you worship and adore the marble bust of Reagan won't make any difference. You are just as out of luck as the rest of of us.

The domination of media by corporate power is a defining characteristic of fascism. A Fairness Doctrine was necessary to prevent the corporate/fascist powers form dominating public airwaves. It worked! Labor once had a voice! Dissenters once had a voice!

Progressives/Democrats once had a voice! Labor had a voice! And today --you don't have a voice! I don't call this outcome 'free speech' and I am incensed by the orchestrated campaign of lies that tell you that the 'Fairness Doctrine' is anti-free speech! George Orwell must be rolling in his grave!

That only legal abstractions may exercise free speech on what had been your 'property', I call a violation of the First Amendment. There is no 'freedom of speech' if only one percent, a ruling one percent of the total population, may exercise it.
The Fairness Doctrine was a policy of the Federal Communications Commission (FCC or Commission) that required broadcast licensees to cover issues of public importance and to do so in a fair manner. Issues of public importance were not limited to political campaigns. Nuclear plant construction, workers’ rights, and other issues of focus for a particular community could gain the status of an issue that broadcasters were required to cover.

Therefore, the Fairness Doctrine was distinct from the so-called “equal time” rule, which requires broadcasters to grant equal time to qualified candidates for public office, because the Fairness Doctrine applied to a much broader range of topics. In 1987, after a period of study, the FCC repealed the Fairness Doctrine. The FCC found that the doctrine likely violated the free speech rights of broadcasters, led to less speech about issues of public importance over broadcast airwaves, and was no longer required because of the increase in competition among mass media.

The repeal of the doctrine did not end the debate among lawmakers, scholars, and others about its constitutionality and impact on the availability of diverse information to the public. The debate in Congress regarding whether to reinstate the doctrine continues today. In the 109th Congress, bills such as H.R. 3302 were introduced to reinstate the Fairness Doctrine. In the 111th Congress, the proposed legislation related to the Fairness Doctrine would prohibit the FCC from reinstating it.

--CRS Report for Congress
Trashing the Fairness Doctrine is but one of many lingering harms inflicted upon us by one Ronald Reagan. Reagan is no hero. Read the Final Report of the Independent Counsel for Iran/Contra Matters. Reagan ARMED Iran which was --at the time --an enemy of the United States. By law, that makes, Reagan a traitor. See FINDLAW or the Cornell University Law library online. As we have come to expect from right wing regimes, the laws that apply to you, do not apply to the rich, the powerful or to those entities newly 'created' people by SCOTUS:
In terms of abstract doctrine, the law of treason condemns anyone who owes allegiance to the U.S., who adheres to U.S. enemies, and who gives them aid and comfort by an overt act to which two witnesses testify. As courts have applied that doctrine, however, it threatens any citizen or resident of the U.S. who publicly expresses disloyal sentiments. The Internet has made it cheap, easy, and dangerous to publish such sentiments. It hosts many an expression that an eager prosecutor could cite both as proof of adherence to U.S. enemies—a subjective state of mind—and as proof of an overt act giving them aid and comfort—an objective fact to which any two of the expression’s readers could testify. Even if no prosecutions for treason arise, the alarmingly broad yet ill-defined reach of the law of treason threatens to unconstitutionally chill innocent dissent.

--Tom W. Bell, TREASON, TECHNOLOGY, AND FREEDOM OF EXPRESSION
Clearly, Ronald Reagan and many throughout our government at various times since the right of the rabid 'right wing' have committed treason as it is legally defined. Should you try it, you will be prosecuted. That different laws, standards and procedures apply to you even as you are denied a voice upon what had been publically owned airwaves is tyranny!

I have defended the Fairness Doctrine on principle. But there is yet another case to be made. The Fairness Doctrine is essential, it is 'needed' as a practical matter. That so many have never heard of the Fairness Doctrine and at last as many misunderstand it, it proof that the corporate media has not and is not informing the population. Cynically, the ruling elites, just one percent of the total population, prefer to keep you ignorant, uninformed. Better to deny your rights; better to enslave you; better to effect the corporation domination which has, in fact, enriched a ruling one percent of the total population.


Edward R. Murrow: Restore the Fairness Doctrine


Dennis Kucinich on Fairness

Friday, June 18, 2010

'Cops' Run Amok, Suppress Video Tapes of Police Abuse

by Len Hart, The Existentialist Cowboy

‘Police States’ are what they do! One of the things police states do is deny citizens a voice even as they seek to control information themselves. Lately and not surprisingly, police seek to suppress video tapes of police officers in the act of abusing people, beating them up, depriving victims of Miranda and other rights. There are efforts to make illegal the use of video cameras to expose police brutality and mis-conduct. How convenient!

I am of the opinion that police --presumably 'public servants' as we have been taught --ought to be video-taped, documented in any and every way possible. There is simply no reasonable compromise on this point. Either we are a free people or we are not! You are either for a free state or you are for a dictatorship that the right wing, the GOP in particular, is intent upon imposing upon us. It really matters little who occupies the White House; the U.S. government is owned!

I cannot recall anyone in government asking for our input on this issue. I believe that many, perhaps most, American politicians are drunk with power and/or pay-offs and just don't care what you think! We should make it clear to them that we are fed up and we are not 'gonna take this anymore'! It won't be easy. The government of the United States is 'jointly' owned by the 'Axis of K-street/wall street', otherwise called the Military/Industrial complex. When Bush said 'who cares what you think?' he was not kidding.

John Stossel reports that "some states' are using state wiretapping laws to prosecute citizens who videotape encounters with the police".
Anthony Graber was pulled over on his motorcycle by Maryland State Trooper Joseph David Ulher. Uhler drew his gun during the stop. Graber was wearing a camera on his helmet. Graber thought Uhler's actions were excessive, so he posted the video to the Internet. Days later, police raided the home of Graber's parents. Graber was arrested, booked, and jailed. He was charged with violating Maryland's wiretapping statute.

...

Graber is due in court next week. He faces up to five years in prison. State's Attorney Joseph Cassilly has also charged Graber with "Possession of an Interception Device." That "device" would be Graber's otherwise-perfectly-legal video camera.

... [Jack] McKenna, a student at the University of Maryland, was given an unprovoked beating by police during student celebrations after a basketball game last February. McKenna would probably still be facing criminal charges and the cops who beat him would likely still be on the beat were it not for several cell phone videos that captured his beating. According to Cassily's interpretation of the law, if any of those cell phones were close enough to record audio of the beating, the people who shot the videos are felons. --In Spite of State Law, Maryland Law Enforcement Officials Still Arresting, Charging People for Recording Cops

This is wrong, and a formula for corruption. Is it coincidence that corrupt political machines thrive in states that ban public taping? Illinois, which has a tough anti-taping law, is famous for corruption. Former governor Rod Blagojevich was exposed only after the Feds secretly recorded his conversations. Spiro Agnew became Vice President because his corruption was not detected when he was governor of Maryland. Maryland is also home to the Prince George’s County Police Department and its hyperactive SWAT team. Balko points out that it spent 5 years under federal oversight for excessive force

--John Stossel, Abuse of Power
We might have hoped that torture and atrocities would be confined to Abu Ghraib! But what does that say about us as a people? Do we really want to buy the lie that it is OK to torture people in other nations, people of other colors, people of other religions or, perhaps, no religion at all? It is time that as a people, we grew up and faced facts! And the facts are that in and out of the nation's 'out-sourced' penal institutions, perverts with badges terrorize the nation, threatening innocent children, women and the handicapped. You are a target. Everyone is a target.

Innocent bystanders are no longer safe from cops gone rogue, tin-horn sheriffs, or other so-called law enforcement personnel. Who let these dogs out --and why? What Nazi mentality makes a lethal enemy of those who had been sworn to "protect and serve"? What fascist power has loosed the 'state' upon an innocent, perhaps naive, citizenry?

We were notably made war upon by Bush who unleashed an evil genie. A culture war of fear, hate, prejudice, perversion and violence is unleashed by the privileged few and arrogant. They have seemingly, purchased our local, state, and federal governments. No one is safe --not in your home, your car, your property! This is what it means to live in a police state, a state in which just one percent of the population consider the 'police' to be little more than their private security firm.
They are just some of the victims of wholesale torture taking place inside the U.S. prison system that we uncovered during a four-month investigation for Channel 4 . It’s terrible to watch some of the videos and realise that you’re not only seeing torture in action but, in the most extreme cases, you are witnessing young men dying.

Torture Inc. Americas Brutal Prisons

Either we are free people with defined rights under the law –or we are not! Which is it? Clearly – police and right wing governments believe we have no rights. For them --the law means nothing more than the authority that they may assume at the moment! Clearly –people have lost much if not all respect for cops else they would not believe it necessary to document police abuse by whatever means!! A democracy is doomed when the role of the 'police' is that of enforcing the superior status of a 'ruling elite', which in America is just one percent of the entire population.