Category Archives: Freedom of the press

Walter Scott Shooting Is Reminder of Why We Must Defend Our Right to Record

A police officer in North Charleston, South Carolina has been charged with murder in connection with the shooting death of an unarmed motorist named Walter Scott.

Patrolman Michael Slager initially claimed that following a traffic stop for a broken headlight, motorist Walter Scott tried to take Slager’s taser. The two struggled, Slager feared for his life, and shot Scott as the two fought over the taser.

Then an absolutely devastating video emerged. The video shows Slager shoot the unarmed Scott eight times in the back as Scott tries to fee. After the shooting, Slager handcuffs the dying man, leaves him lying facedown without medical attention, and retrieves an object to drop near the body.

After the video emerged, Slager, a five-year veteran with the force, was taken into custody, charged with murder and denied bond at his initial hearing. He was fired from his position with the force. The attorney who went on record with Slager’s story about the shooting occurring during a struggle over the taser is no longer representing him.

Query:

How do you think it would have played out without the video?

All over the country, our right to record is under constant assault from police who treat citizens recording them as law-breaking obstructionists. Walter Scott’s death is a stark and heartbreaking reminder of why we must vigorously defend the right to record.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Are “Safe Spaces” the New “Coloreds Only?”

Entrance 15-0325

Earlier this month, two white students at Ryerson University in Canada were dismissed from a meeting of the Racialized Students’ Collective, a university group funded through the Ryerson Students’ Union. The university’s student newspaper, The Ryersonian, reported the RSU coordinator confirmed the students were excluded for being white. Last week Aeman Ansari, a fourth year journalism student at the school posted a blog entry on HuffPo Canada defending the decision.

Ansari ably and convincingly defends her belief that safe spaces are important. Ansari’s defense falls short for failing to explain why taxpayers, the university, and other students should fund them as exclusionary campus events.

Specifically, Ansari opines that:

[T]he point to note is not that two white students were asked to leave the event, but rather that this was a safe space …

…This group and these sort of events allow people of colour to lay bare their experiences and to collectively combat this societal ailment. These spaces are rare places in the world not controlled by individuals who have power, who have privilege.

…The presence of any kind of privilege puts unnecessary pressure on the people of colour to defend any anger or frustrations they have, to fear the outcome of sharing their stories. The attendees are trying to move forward by supporting each other and they should not have to defend themselves, they should not fear the consequences of raising their voices.

Let us get out of the way that I dislike people who cannot deal with opposition, who will only defend their opinions to friendly crowds, or who must banish dissent to feel validated.Drinking Fountain

I prefer feisty tanglers to special snowflakes.

It is neither here nor there. Special snowflakes are entitled to their preferences too, and everyone deserves an occasional session in the echo chamber. I agree with Ansari that safe spaces are important.

Where I disagree with Ansari is her implicit insistence that other students and Canadian taxpayers pay for them as exclusionary campus events. She never gets around to explaining or defending this aspect of her position.

The fact is “safe spaces” already exist.

They are called “private property.” Private homes, leased apartments, backyards, and private event venues can all be used to host exclusionary events. In addition, private conversations take place every day in bars, restaurants, coffee shops, conference rooms, sidewalks and parks.

That there are insufficient opportunities for people to have private conversations seems false on its face. If certain students want to get together to talk about their experiences only with a carefully selected crowd, there is no shortage of opportunities or “spaces” to do just that.

Waiting room 15-0325The issue is why they want to use student and taxpayer funds to do it on campus. Ansari never explains that.

Private, exclusionary discussions and events should be conducted privately. Forcing other people to pay for and host them is a new form of bullying—a new incarnation of an old segregation.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Stop Calling Government Regulation of the Internet “Net Neutrality”

fcc-net-neutrality-voteImage from the FCC by way of Ars Technica

Stop using “net neutrality” to refer to government regulation of the internet.

That’s not what net neutrality is, and it’s certainly not what the government regulations promulgated by the FCC today are, in this case “Common Carrier” Rules.

People who don’t know any better are celebrating todays faux “net neutrality” FCC action as a victory for freedom and free speech on the internet, when in fact, it’s exactly the opposite.

I’ve written extensively about net neutrality and this is very much NOT it.

All the FCC has done today, is impose common carrier regulation on every ISP (oh and by the way, lots of other organizations as well who “provide internet access”. No-one has any idea how the regulations are going to be finalized, what the language will mean, who will be impacted and how… except everyone knows it’s going to cost a lot), instead of just the telephone companies it was already imposed on. Verizon for example, who was already one of the worst violators of net neutrality, even with common carrier regulation already in place for them.

Thus it makes competition and breaking of existing monopolies even harder, while not actually doing a damn thing to secure or improve neutrality… oh and it gives the FCC more control over the internet.

Absolutely none of those are good things.

Common carrier regulation is a big part of what made the current near monopolies on Internet access happen in the first place, because small independent companies, and even large regionals, couldn’t compete with the giant telcom conglomerates under those regulations. So, they all got swallowed up.

I’ve been working with telecommunications companies, and common carrier regulations, for more than 20 years. I’m an expert in governance and regulatory compliance, and I can tell you right now, NOBODY understands these regulations, because they are not capable of being understood.

These regulations and the rulings and case law associated with them go back to 1930s… and in some particulars all the way back to the 1870s. And of course, rather than replace them with something clear when they wanted to make new regulations, congress and the FCC just amended and added on and countermanded and…

I’ve flowcharted them before to try to see what applied how and where and when… the only thing I could come up with was “nobody knows for sure, it all depends what a regulator or judge says at the time”.

This wasn’t a blow for freedom and free speech… This was a giveaway to big corporate donors in the telecommunications industry.

The big telcos have been trying to get their primary competition, non-telco ISPs, burdened with the same regulatory load they labor under, for DECADES. Now, in one stroke, the FCC at the personal direction of the president, has given it to them.

Oh and guess what else common carrier regulation includes… SURVEILLANCE.

All common carriers are required to provide the government and law enforcement “reasonable access” for surveillance, as well as to give up records, usage details, and other subscriber and user data, WITHOUT A WARRANT.

What does “reasonable access” mean? Whatever the government says it means… and if you think I’m exaggerating, I’m not. I’ve dealt with the FBI on this issue, and that’s a direct quote.

Yes, this is not only a massive corporate crony handout, it’s also a huge gimme to the FBI and the NSA, who have wanted all ISPs stuck under common carrier for years as well.

Stop calling government regulation of the internet “net neutrality”. Letting the liars control the language helps them lie to you.

Net neutrality is not government regulation, and these regulations are certainly not net neutrality, nor anything like it. Don’t be taken in by fraud, cronyism, and statism, masquerading as freedom.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

No Publius in the Alabama Senate Press Room

Del MarshDel Marsh, R-Anniston, president pro tempore of the Alabama Senate, has asked the Alabama Press Association to assist Senate staff “in determining a proper definition of what constitutes a journalist meriting access to the press room.” Senator Marsh only wants real “journalists” in the press rooms. The others—“partisan political blogs and shady fly-by-night websites offering purposely skewed and inaccurate interpretations of hard news events”—can “sit in the public gallery and blog about what they see” from there.

One wonders, if the access in the gallery is commensurate with the access in the press room, what difference does it make? On the other hand, if the access is not commensurate, then why is Senator Marsh seeking to relegate some of his citizens to second class access based on a distinction even he cannot articulate?

Luckily for him—and the Alabama Press Association—the U.S. Supreme Court has already made it simple to determine who possesses the freedom of the press.

Everyone.

“The press” refers not to a group of people, but to the action of publication itself. Thus, “freedom of the press” protects not a privileged group of actors, but the action of conveying information and ideas, wherever that action is undertaken, by whatever means and whatever person. The Supreme Court has repeatedly recognized as much:

The press, in its historic connotation, comprehends every sort of publication which affords a vehicle of information and opinion.

Lovell v. City of Griffin, 303 U.S. 444, 452 (1938) (protecting Jehovah’s Witness’s right to distribute religious leaflets door-to-door without a license).

The administration of a constitutional newsman’s privilege would present practical and conceptual difficulties of a high order. Sooner or later, it would be necessary to define those categories of newsmen who qualified for the privilege, a questionable procedure in light of the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods. Freedom of the press is a “fundamental personal right“… The informative function asserted by representatives of the organized press … is also performed by lecturers, political pollsters, novelists, academic researchers, and dramatists.

Branzburg v. Hayes, 408 U.S. 665, 703-05 (1972) (emphasis added, internal citations removed) (like every other citizen, a reporter can be called to answer before grand jury).

[T]he purpose of the Constitution was not to erect the press into a privileged institution, but to protect all persons in their right to print what they will as well as to utter it. “[T]he liberty of the press is no greater and no less than the liberty of every subject of the Queen,” and, in the United States, it is no greater than the liberty of every citizen of the Republic.

Pennekamp v. Florida, 328 U.S. 331, 364 (1946) (emphasis added, internal citations removed) (Frankfurter, J., concurring).

Is it too idealistic to think that something called a “press room” should be open to all the people who possess the “freedom of the press,” which is to say everyone?

Perhaps.

Surely, the general public cannot demand admission to White House press briefings. And Marsh would say he is not proposing to restrict the act of publishing, but rather the act of entering the press room. The former is a constitutional right; the latter (Marsh would argue) is a special privilege.

The distinction is not without meaning, as Doug Mataconis has comprehensively explained. Just as federal and state governments can grant special privileges for religious beliefs without running afoul of the First Amendment, so too can they grant extra-Constitutional privileges, such as testimonial shield laws, to only certain members of the media.

When expanding protection, legislatures are entitled to draw lines that might not be permissible in the case of abridgements.

*     *     *

Because press shield legislation would extend immunities to the press beyond what the First Amendment has been held to require, it probably does not violate the Constitution to confine those immunities to a subset of entities entitled to protection under the Press Clause.

Michael W. McConnell, Reconsidering Citizens United as a Press Clause Case, 123 Yale L. J. 266 (Nov. 2013).

Marsh might seek to characterize his proposal, not as an infringement upon freedom of the press, but a special perk akin to a media shield law for favored groups in their exercise of that right. That might be constitutional.

But it is also bad policy.

Its practical unworkability is evidenced by other efforts to establish criteria for the receipt of such special perks. Such criteria inevitably focus on the regularity and primacy of the journalistic activity to that individual or entity and whether that activity constitutes a business endeavor for financial gain or livelihood.

As former Circuit Judge for the Tenth Circuit Court of Appeals and Director of the Constitutional Law Center at Stanford Law School Michael W. McConnell has observed, those standards risk excluding publications like The National Review, The Weekly Standard, Slate and Newsweek, which are sometimes kept afloat by donors rather than profits. They risk excluding the National Geographic Society, the Smithsonian, and the American Bar Association, which engage in journalism as secondary to other endeavors. And they risk excluding authors, documentary filmmakers, and pamphleteers, who do not follow any predetermined cycle to their publishing.

Senator Marsh would do well to remember, also, what Doug Mataconis observed:

[I]t was a bunch of bloggers who discovered that the memos that CBS News relied upon to support its story about George W. Bush supposedly ducking out early on his National Guard commitments were forgeries. That report, you’ll recall, came out at the height of the 2004 re-election campaign and threatened to have a major impact on the election. Instead [thanks to those bloggers], it ended up having a major impact on the careers of several CBS News employees, including a man who had been anchoring the CBS Evening News for more than 20 years. For reasons like that, it’s important that we make sure that shield laws don’t end up being something that only cover members of what essentially amounts to a protected cartel while bloggers and free-lancers are left out.

Under Senator Marsh’s approach, “real” journalists like Dan Rather would no doubt gain admission to the Alabama legislature’s press rooms. What about the bloggers who uncovered the problems with Rather’s documents?

PubliusIt is not always clear, based on mainstream status, who is the partisan, shady, fly-by-night imposter “offering purposely skewed and inaccurate interpretations of hard news events” and who is engaged in real journalism. Senator Marsh should reconsider his efforts to impose press credentialing standards that Thomas Paine, Publius, and the Federal Farmer would be unable to satisfy.

 

 

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Lady Liberty image via The Montgomery Advertiser. Publius image from FeedBooks.com.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Net Neutrality: A Complex Issue With No Satisfactory Solutions

Yesterday, Chris Byrne had a write-up regarding President Obama’s “stated” support for Net Neutrality. “Stated” is in scare quotes because, as Chris noted, President Obama’s support for this ( much like his “support” for gay marriage) is a limp-wristed attempt to mollify his young, technologically literate base.

Of course, because it’s Obama and there’s a cottage industry dedicated to demonizing him, Ted Cruz had to come out with the stupidest political statement of the year (Non-Dollard/Kincannon Division).

With the mainstream attention these positions will now bring, and with an FCC decision on the issue due in 2015, the issue can no longer be ignored:

Net Neutrality is a major political issue, right now.

Chris Byrne correctly noted, that the lack of competitive options in local internet access is the primary factor leading us into the situation we’re in now. A deeper look into this shows… yeah, it shows we’re screwed either way.At the moment, there are no realistic answers that will satisfy consumers.

The explanation as to why is complex, to say the least.

Keep in mind that as I go through the issues surrounding net neutrality, I will be attempting to take common arguments, and technical background, and break them down into layman’s terms. Although readers of The Liberty Papers tend to skew more educated than most, I understand that not everyone is tech savvy enough to understand much about how the internet works beyond “I go to Google and email shows up!”. » Read more

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.
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