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The slippery slope of free speech restrictions

The baseball season is well under way, and there haven’t been that many fights in the stands, except for those fueled by too much beer.  Despite the passion fans have for their teams, a general agreement about the rules—three strikes and all that—helps keep order.

Unfortunately, throughout the nation, respect for the most important rules—the Constitution, the Bill of Rights—appears to be breaking down, and the result is that Americans seem more split apart than they have been since the Civil War.

The recent event in Texas, where a group exercised their free speech rights by holding an event in which cartoons that some found offensive were displayed, is a key case in point. Whatever the cultural or artistic merits of the illustrations, or lack thereof, the organizers had every right to express their opinions through the drawings. In the aftermath of an attempt by extremists, which ISIS claims to have been responsible for,  to shoot up the gathering, many in the media essentially said that the First Amendment should have been subordinated to the dictates of political correctness, blaming the citizens more than the terrorists.

There was a time when the First Amendment was considered the most sacred of all American rights, limited only in situations such as falsely yelling fire in a crowded theater. The list of exceptions has grown. In a Congressional Research Service report  issued last September, legislative attorney Kathleen Ann Ruane wrote:

You are advised to keep fiber rich foods reduce the risk cheap viagra of cancer, diabetes, cardiovascular diseases, obesity, and cancer. They become more sensitive to diet, substance abuse, stress, and rest. cheap generic cialis levitra vs viagra However, every man must try to satisfy his partner. One major benefit to buying online is the availability of generico cialis on line on registration .On activation of a cialis it will be naturally removed out of your body. “…the Court has decided that the First Amendment provides no protection for obscenity, child pornography, or speech that constitutes what has become widely known as ‘fighting words.’ The Court has also decided that the First Amendment provides less than full protection to commercial speech, defamation (libel and slander), speech that may be harmful to children, speech broadcast on radio and television (as opposed to speech transmitted via cable or the Internet), and public employees’ speech. Even speech that enjoys the most extensive First Amendment protection may be subject to “regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.” Furthermore, even speech that enjoys the most extensive First Amendment protection may be restricted on the basis of its content if the restriction passes ‘strict scrutiny’ (i.e., if the government shows that the restriction serves ‘to promote a compelling interest’ and is ‘the least restrictive means to further the articulated interest’).”

While some topics, such as that which may be harmful to children such as child pornography, are obvious common sense restrictions that even the framers of the First Amendment would approve of, the growing list of exceptions is worrisome.   An example of how far down this road some in government are willing to travel to limit free speech is troubling.  Senator Charles Schumer (D-NY) tried to limit paid political speech through a bill in the U.S. Senate. Colleges seek to restrict students seeking to hand out copies of the Bill of Rights to just a few places on campus. Scientists who question the concept of man-made climate change are ostracized and silenced by their own colleagues.

For the first time, that great advance in free speech, the internet, is now under the control of a government bureaucracy.

Major challenges to freedom don’t necessarily come with great upheavals. They are more likely to occur bit by bit, bureaucratic rule after bureaucratic rule, until barely the memory of the rights that used to be cherished are left.

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Universities get failing grade on free speech

The Foundation for Individual Rights in Education report on universities notes that “many … institutions severely restrict free speech and open debate. Speech codes—policies prohibiting student and faculty speech that would, outside the bounds of campus, be protected by the First Amendment—have repeatedly been struck down by federal and state courts for decades. Yet they persist, even in the very jurisdictions where they have been ruled unconstitutional. The majority of American colleges and universities maintain speech codes.”

FIRE’s recent survey of 437 schools found that more than 55 percent maintain severely restrictive, “red light” speech codes—policies that clearly and substantially prohibit protected speech.

The report notes that “colleges’ restrictions on free speech varies by state. In Missouri, for example, over 85 percent of schools surveyed received a red light rating. In contrast, two of the best states for free speech in higher education were Virginia and Indiana, where only 31 percent and 25 percent of schools surveyed, respectively, received a red light rating.”

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Excuses are still being found to limit speech on campuses.  “…FIRE continues to see an unacceptable number of universities punishing students and faculty members for constitutionally protected speech and expression. It is essential that students, faculty, and free speech advocates remain vigilant not only about campus speech codes but also about the way universities may—even in the absence of a policy that is unconstitutional as written—silence or punish protected speech.”

“Of the 437 schools reviewed by FIRE, 241 received a red light rating [most restrictive] (55.2%), 171 received a yellow light rating (39.1%), and 18 received a green light rating [least restrictive] (4.1%). FIRE did not rate seven schools (1.6%). FIRE rated 333 public colleges and universities. Of these, 54.1% received a red light rating, 41.4% received a yellow light rating, and 4.5% received a green light rating. Since public colleges and universities are legally bound to protect their students’ First Amendment rights, any percentage above zero is unacceptable, so much work remains to be done.”

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The Hidden Issue

Within the current month, two extraordinary overreaches of executive power have, at least for the moment, changed the very character of the American experiment in constitutional governing.

The momentous conversion of the internet from an open forum of free speech for all to a medium under the control of Washington bureaucrats wasn’t the result of a spirited conversation either in the public forum or the product of a heated discussion in Congress.  Details remained hidden within the Federal Communications Commission, at the behest of a White House which has attempted on several occasions and in several manners to limit opposition voices.

It is highly notable that FCC Chairman Tom Wheeler refused to comply with requests from Congress for details of the regulation before its enactment. The specific FCC action was inappropriate under any circumstances; but if it had to be brought up at all, its subject matter was so far reaching it should have been extensively debated by the people and their elected representatives.

Almost simultaneously, President Obama announced that he would, under the color of executive authority, restrict the sale of a popular type of ammunition.  It was a barely concealed dodge to advance his anti-2nd Amendment agenda outside of the normal channels of public discussion or legislative action.  In doing so, he defied a series of recent Supreme Court decisions. This should not be considered a debate on the issue of gun control. The principle at stake here is adherence to constitutional, democratic procedure.

In addition to the momentous scope of the First and Second Amendment issues, the extraordinary and blatant defiance of the entire concept of the Constitutional separation of powers, taking both Congress and the Supreme Court out of the governing process, is an unprecedented event in American political history.  The relative silence of the media about this blatant step away from democracy is a cause for concern in itself.

When erection issues arise, both of you end up talking to are going to be interested in knowing what happened to the few million cheap viagra without prescriptions mails that they sent out. Kamagra can women viagra australia be found in the names of Kamagra oral jelly, Forzest, Silagra etc. female viagra sildenafil After winning their division, they were easily defeated in the mlb jerseys for sale League Championship Series by the Pittsburgh Pirates and Roberto Clemente, who then went on to beat the Baltimore Orioles in the World Series. Sometimes, it is also recognized as male page order discount viagra impotence, a condition in which a man is unable to satisfy his partner. President Obama has established a clear pattern of engaging in actions in a manner that intentionally limits the possibility of open discussion within Congress and the public forum. The U.S. Supreme Court will review one instance of that practice when it examines the Administration’s immigration reform actions.

The issues involved aren’t restricted to domestic affairs. The unannounced withdrawal of all American tanks from Europe in 2014, revelations that the Obama Administration threatened to shoot down Israeli jets to deter Netanyahu’s plan to prevent Iran from building nuclear bombs, and the infamous “whisper” to the Russians about missiles several years ago are salient examples of how this White House seeks to pursue a unilateral course of action far beyond the scrutiny of voters, Representatives, and Senators.

The President’s clear preference to avoid scrutiny and legally required interaction with other branches of government has given rise to what can only be viewed accurately as a series of cover-ups. Failure to allow federal agencies and departments to adequately comply with informational requests from Congress, the media, or civic groups following scandals involving voter intimidation, the assassination of Ambassador Stevens in Benghazi, the use of the IRS to suppress opposition political voices, the release of weapons to Mexican drug cartels, and various actions against reporters are evidence of this.

The President and his supporters continue to attempt to restrict discussion of his unilateral actions to the specific issues involved.  But larger than the debates about FCC regulation, immigration, gun control, Russian relations, terrorist attacks, and other topics is the nature of American government, and adherence to constitutional procedure.

It remains to be seen whether the legislative and judicial branches will respond forcefully to these usurpations.  A failure to do so will certainly lead to the “fundamental change” promised by the President.

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The Alienated Generation

College students throughout America have exhibited an inexplicable degree of tolerance towards overbearing university officials and professors who have all too frequently acted to suppress differences of opinion toward the prevailing campus orthodoxy.  These young scholars bear little resemblance to their parents’ or grandparents activist generation, who brought to life the “Free Speech” movement in the 1960s and were outspoken in their views. The American Council of Trustees and Alumni (ACTA)  notes that “Many schools stifle free speech on campus. ACTA partnered with the Foundation for Individual Rights in Education to assess the state of free speech on campus. Of the institutions that have ratings from FIRE, less than 4 percent receive a “green light” rating for not threatening free speech. Nearly two-thirds (64 percent) garner a “red light” rating, meaning the institution has at least one policy that “clearly and substantially” restricts freedom of speech.”

Why do college students tolerate this? It may have much to do with what they were—and were not—taught in high school, as well as the odd version of American history and civics that they are given in college.  Across the nation, parents, pupils, and others have become deeply concerned over a growing reliance on curricula that provides little reference to topics such as the ground-breaking rights provided in the U.S. Constitution, including free speech, and dwells on biased, highly critical views of the American experience.

The problem may be getting worse.  The College Board, a private organization which sets the tone for setting  course guidelines and administers the SAT exams and advanced placement courses, is exerting greater control of what high schoolers are being taught.  What they are prescribing has been described as unduly critical of America.

Recently, the scholarly publication The Federalist described the College Board’s latest guidelines:
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“The redesigned Framework usurps state curriculum standards by unilaterally decreeing what students should know with no public input or consent. State standards across America, while including the dark events in American history, also celebrate our nation’s founders, core values, and heroic servicemen and women. In contrast, the College Board’s “required knowledge” inculcates a consistently negative view of American history that focuses on identity group grievances, conflict, exploitation, and examples of oppression.”

ACTA has reported on the disappointing state of college education:  “Only 22 institutions (2 percent) receive an “A” grade for requiring at least six of seven subjects that are essential to a liberal arts education: literature, composition, economics, math, intermediate level foreign language, science, and American government/history. The average institution requires about three courses—meaning most students are graduating from college without exposure to such fundamental courses as American history, basic economics or literature. In too many places, graduates aren’t expected to have any more knowledge of these pivotal courses than a twelfth grader.”

America’s educational system is dangerously close to producing a generation that is unfamiliar with their Constitutional rights, and holding an incorrect and highly derogatory view of their own country.

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Academic Campaign vs. Free Speech

From one end of the nation to the other, the most fundamental portion of the Bill of Rights, the right to freedom of speech and assembly, is under persistent, sustained, and serious attack at our academic institutions.

The particular targets of this assault tend to be those students who express traditional beliefs in patriotism, faith, and liberty. Systematic methods are employed by colleges to restrict First Amendment rights. These include:

Restricting free speech in all but so-called “free speech zones,” which are tightly regulated.  In practice, many of the concepts that tend to be forced out of the general campus and limited to these thought ghettos are right of center.

One example: Breitbart reports that at Penn State, where only 12 small spaces on the 8,500 acre campus are available to express free thought, student members of the Young Americans for Freedom organization were told to remove a table bearing their literature.

Restricting the concept of freedom of assembly. The Wall Street Journal noted that “the California State University System ‘derecognized’ 23 campus chapters of the InterVarsity Christian Fellowship” because membership was restricted to Christians.  Similarly, as revealed in a Bloomberg article, Wesleyan University has mandated that fraternities must admit females.

The paper has also revealed that Chancellor Nicolas Dirks of the University of California at Berkley, (ironically, the home of the Free Speech Movement in the ‘60’s) believes free speech can cause “division and divisiveness that undermine a community’s foundation” and could threaten the “delicate balance between communal interests.”
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Pressure on speaker selections. University officials have pressured student groups to “disinvite” certain speakers selected to address student organizations. New York’s Fordham University pressured its student Republican Club to cancel its invitation to conservative columnist Ann Coulter.

Last month, the Foundation for Individual Rights in Education  sent a certified mailing to America’s 300 largest and most prestigious public colleges and universities noting that “they risk First Amendment lawsuits by continuing to maintain speech codes that violate student and faculty rights.” The letters were mailed from the main post office near Independence Hall in Philadelphia to mark the 227th anniversary of the signing of the U.S. Constitution.

The problem isn’t restricted to colleges.  Some high schools have forced students wearing clothing that they consider “political” to change their appearance.  This includes students wearing American flag-themed T-shirts on Cinco de Mayo.  Items expressing support for the Second Amendment have also been the subject of disciplinary action.

At the grammar school level, absurd restrictions extend even to lunch room behavior such as sharing food. An EAGnews.org summary quotes an ABC 7 report that in Weaverville, Calif. The local school board has banned sharing food.

These are only a few of the many examples.  Throughout academia, the prevailing orthodoxy has sought to stop reasonable discussion by imposing restrictions on students—and on teaching staff—with differing views, or with the intellectual curiosity to intelligently explore the reasoning and factual basis of the ruling institutional biases.

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46 Senators Seek to Limit 1st Amendment

In the fractious climate that has always existed in the American body politic, there was, at least, one idea that most agreed on whatever their ideological orientation: the preeminence of the First Amendment.

Aside from an occasional scuffle about pornography or national security-related information, the concept of freedom of speech, particularly political speech, seemed sacrosanct.

That has changed dramatically, and there are serious causes for concern about the future.

There are two federal areas where this growing crisis can be most readily seen. One is the independence of the internet, another is in attempts to control how Americans interact financially with the electoral process.  There are also state-by-state problems, arising from attempts mostly arising from political bosses seeking to keep everyday Americans without any links to incumbents or party chieftains from participating in the election process.

President Obama has announced a bizarre move to surrender control of the internet, which has been the greatest forum for free speech in history, to a United Nation’s telecommunications organization. A number of U.N. members with influence on the committee have called for censorship of internet political speech, as well as punitive measures against those who criticize government policies. Russia, China, Iran and others have spearheaded this move.
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Domestically, legislation has been introduced in the United States Senate that would amend the Constitution to allow greater federal control over political donations. Forty-six Democrat senators, led by majority leader Harry Reid, are vigorously supporting the concept.  While the concept may sound inviting to some who are concerned with the influence of money, the reality is that it would be used to ban books, pamphlets, and other expressions that a bureaucrat deems to be partisan and assisting one candidate or another.  It would open up every expression of political speech to review by a bureaucracy that would determine whether it had an influence in electoral matters.  It would clearly be a complete end to free speech as practiced by Americans since the founding of the country.

The problem isn’t limited to the federal government.  Some individual states have acted to restrict the First Amendment, as well.  New York is a prime example.

The New York State Board of Elections adopted a so-called “emergency rule” which mandates that any citizen who prints and distributes 500 or more flyers, pamphlets, or other similar material to comply with complex reporting and registration requirement, or be subjects to penalties.

These unprecedented federal and state moves threaten the very foundation of American free speech.

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Obama Attacks Journalists, Again

In yet another worrisome incident in the Obama Administrations’ repeated attempts to regulate news coverage, the Federal Bureau of Investigation has hired a firm to “grade” news stories as “positive” or “neutral,” as reported by The Washington Times.

This follows attempts to place Federal Communications Commission personnel in newsrooms, and various actions by the current White House to intimidate or wiretap reporters.

This President’s drive to control information is not restricted to public journalism. As previously reported by the New York Analysis of Policy & Government, it has frequently and unlawfully  used the official, government-financed White House web site as a political organ.

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Ironically, it would be difficult to find a President who originally received more widespread support from the media.  He has, in fact, been treated far more gently than his predecessors. Compare the raucous questioning from the White House press corps of the last two presidents, Bill Clinton and George W. Bush.  Indeed, press coverage of Mr. Bush was so negative that the term “Bush derangement syndrome” was coined. Explicit details of Mr. Clinton’s personal foibles dominated the news cycle.

Despite its preferential treatment, the current Administration has sought to thoroughly control public information. Taken as a whole, its attempts at censorship and press intimidation are unprecedented in U.S. history, and extraordinary in the danger they pose to free speech.

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Journalists criticize Obama’s assault on free speech

The New York Analysis of Policy & Government has frequently written of its deep concern over the growing attacks on freedom of speech and the recurring assaults on the press by the Obama Administration.  The attempt to place Federal monitors in newsrooms, the surrender of internet control to an international body with members favoring censorship, the “bugging” of reporters phones, the proposal to limit First Amendment rights in campaigns and other actions add to a significant chilling effect on this most basic and fundamental of American individual liberties.

The latest White House moves to prevent photos and interviews at sites where the huge influx of illegal aliens are being held is the most recent example.

After five-plus years of being tolerant of this deeply worrisome behavior, journalists have finally become sufficiently offended at this unacceptable behavior—this “fundamental change” in the relationship between the press and the White House—that they are publicly reacting.

The Washington Examiner  recently reported that eight journalism groups have sharply criticized Mr. Obama’s “politically driven suppression of the news.”

An example is a letter just submitted to the President by the Society of Professional Journalists (SPJ) which stated:

Mr. President,
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You recently expressed concern that frustration in the country is breeding cynicism about democratic government. You need look no further than your own administration for a major source of that frustration – politically driven suppression of news and information about federal agencies. We call on you to take a stand to stop the spin and let the sunshine in…

Recent research has indicated the problem is getting worse throughout the nation, particularly at the federal level. Journalists are reporting that most federal agencies prohibit their employees from communicating with the press unless the bosses have public relations staffers sitting in on the conversations. Contact is often blocked completely. When public affairs officers speak, even about routine public matters, they often do so confidentially in spite of having the title “spokesperson.” Reporters seeking interviews are expected to seek permission, often providing questions in advance. Delays can stretch for days, longer than most deadlines allow. Public affairs officers might send their own written responses of slick non-answers. Agencies hold on-background press conferences with unnamed officials, on a not-for-attribution basis.

In many cases, this is clearly being done to control what information journalists – and the audience they serve – have access to. A survey found 40 percent of public affairs officers admitted they blocked certain reporters because they did not like what they wrote.

It has not always been this way. In prior years, reporters walked the halls of agencies and called staff people at will. Only in the past two administrations have media access controls been tightened at most agencies. Under this administration, even non-defense agencies have asserted in writing their power to prohibit contact with journalists without surveillance. Meanwhile, agency personnel are free speak to others — lobbyists, special-interest representatives, people with money — without these controls and without public oversight…”

In its scope and extent, President Obama’s intentional interefence with the First Amendment is unprecedented and exceedingly dangerous.  Americans need to halt this before it is too late to do so.

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Senate Moves to Limit First Amendment

One of the most fierce and important conflicts has been ongoing this week in the U.S. Senate, as Majority Leader Harry Reid (D-Nevada)  emphasizes a move to alter the First Amendment.

As previously reported in the New York Analysis of Policy & Government, two Democrat senators, Tom Udall (D-New Mexico) and Charles Schumer (D-New York), proposed a measure that would limit free speech protections as they pertain to campaign donations. The proposed legislation has gained 43 Senate supporters—all Democrats.

At a Senate Rules Committee hearing earlier this year, Schumer stated that “”The First Amendment is sacred, but the First Amendment is not absolute. By making it absolute, you make it less sacred to most Americans.”

The push comes in the wake of recent U.S. Supreme Court decisions in the McCutheon http://www.scotusblog.com/case-files/cases/mccutcheon-v-federal-election-commission/  and Citizens United http://www.scotusblog.com/case-files/cases/citizens-united-v-federal-election-commission/  cases which struck down restrictions on First Amendment rights in campaign donations. Democrats point to monies from the Koch brothers; Republicans counter with the extraordinary amounts provided by George Soros, and a host of Hollywood and Wall Street sources.
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Democrats, closely linked to the increasingly troubled White House, are deeply concerned that Republicans will attract substantially more contributions in the upcoming election.

Reid’s move should be seen in light of other questionable attempts to reinterpret the First Amendment. Previously, the White House sought to have federal “monitors” review the work of talk radio and internet news sites, both seen as tilted towards the GOP. The President’s move to allow international control of the internet has also been seen as a threat to free speech in that medium.

A recent report in the Washington Free Beacon http://freebeacon.com/politics/obama-thought-he-could-amend-constitution-in-second-term/ author Ken Vogel noted that President Obama, in an address to wealthy donors in 2012, asserted that he would be “in a very strong position” to amend the Constitution regarding campaign laws during his second term.

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Totalitarianism on Campus

Universities were designed to be centers for the exploration of knowledge.  Far too many, however, have become little more than indoctrination centers for the so-called “progressive movement,” a shoddy synonym for socialist politics.

The descent of American colleges was first significantly noted in 1987, when author Allan Bloom published his landmark book, “The closing of the American Mind.” He reported that the curriculum rejected rationality and reality.  The situation has since grown worse.

Throughout the nation, professors, students, and guest speakers alike who challenge the leftist orthodoxy are harassed and marginalized.  Insane policies that defy the very foundation of the First Amendment have been enacted to prevent the free exchange of ideas. Political correctness—which in practice can include the rejection of anything that challenges left wing biases—has replaced open discourse.

Clear examples of an increasingly totalitarian bent can be seen in the treatment of teachers and guest lecturers who refuse to kowtow to the Leftist academic establishment.
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Former Secretary of State Condoleezza Rice is an extraordinary and fascinating person.  An African American woman who rose to the position of Secretary of State, she is eloquent, brilliant and modest. She also happens to not pander to left wing stereotypes, and therefore the progressive establishment utterly despises her.

Following her invitation to serve as commencement speaker at New Jersey’s Rutgers College, the usual collection of extremists protested vigorously. In a move that symbolizes her integrity, Ms. Rice wrote that  “Commencement should be a time of joyous celebration for the graduates and their families,” and decided not to attend the ceremony.

We need to take a hard look at our universities, which charge continuously skyrocketing tuition fees for the privilege of a four year experience that used to be provided free in Soviet reeducation camps in Siberia.