SocraticGadfly: freedom of the press
Showing posts with label freedom of the press. Show all posts
Showing posts with label freedom of the press. Show all posts

July 15, 2025

Jeff Davis County is fixing to get itself sued over First Amendment issues

That is, if recently arrested independent journalist David Flash has both the money and mind to do that.

At the same time, this:

“The profession has to police itself,” said Renita Coleman, a professor of journalism and media at the University of Texas at Austin. “Because our reputation with the public is really all journalists have. Our credibility hinges upon us doing the right thing.”

Is a reminder that independent journalists can be jackwagons. 

That said, so can members of the mainstream media.

Also, this:

Max Resnik, director of growth at Documenter Network City Bureau, a civic journalism program that has trained more than 4,000 residents across the country to document similar public meetings, said it does not matter whether Flash is a professional journalist. Every resident has the right to record, document and publish public meetings, he said.
“By preventing reporting from happening or discouraging reporting in those public meetings, it sends a chilling effect to other residents and reporters,” Resnik said.
He also pointed to the state’s open meeting handbook, which government officials and members of the public must comply with. Any person, the handbook says, “may record all or any part of an open meeting of a governmental body by means of a recorder, video camera, or other means of aural or visual reproduction.”

Reminds us that one doesn't have to call oneself a journalist to do what Flash generally does.

If Flash is harassing anybody? Let Jeff Davis County file official charges.

My personal take on what bits I glean from the story? Flash is likely not violating any laws. That said, is he glory-hounding a bit? Probably.

If "zero" represents the typical reporter or editor at the typical small-town newspaper or other traditional media outlet and "ten" represents full-on Joey Dauben, Flash is probably in the "4-6" range.

July 01, 2019

Once again, note to "antifa," violence is not the answer

Some of the folks with the pretentious name of "antifa" thought it WAS the answer over the weekend.

The basically rebranded old Black Bloc folks, in Portland (remember, the Pacific Northwest is the heart of the Black Bloc) attacked and assaulted Andy Ngo.

The fact that Andy Ngo is a wingnut makes it no better.

It's rare as hell for me to agree with someone like Hillbot Charlotte Clymer on a  matter of substantive politics, but I do here.

The likes of Andy Ngo thrive on producing a reaction just like this. It's fuel for furthering their narrative.

Much of the Black Bloc doesn't care about that anyway. For 20 years, many of them have shown — primarily in violence against property, but, with Trump unzipping his id letting them do the same, now in more violence against persons — that violence is their stock in trade. To be frank, as with the Seattle WTO meeting 20 years ago that kicked off their violence against property (not that I am fetishizing property), I think many of these people just look for excuses.

"Librulz," left-liberals and leftists who are edumacated SHOULD know this. Should have known this for years.

And yet, too much of my Twitter feed over the weekend had comments defending, even glorifying, these nutters.

Also, you may not like the media sources for which he reports, or his style, but he is a journalist.

So, "congrats." You assaulted not only a person, but two of the five freedoms of the First Amendment. Possibly three, as I think again.

I use filters much less on Twitter than on Facebook, via FB Purity. I debated, by Sunday, about doing it there. I didn't. Rather, it lets me keep my eyes open in case I need to do some muting, even blocking.

As with librulz like this:

I'm not a First Amendment absolutist, because I'm not a philosophical absolutist in general. So, I'm not Glenn Greenwald or Popehat, both of whom, IMO, are "First Amendment weaponizers."

But, short of that, I take those five freedoms very seriously.

Beth, and others, could stand to revisit Thomas More's famous lines from "A Man for All Seasons":
Roper: So now you'd give the Devil benefit of law! 
More: Yes. What would you do? Cut a great road through the law to get after the Devil? 
Roper: I'd cut down every law in England to do that! 
More: Oh? And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat? This country's planted thick with laws from coast to coast — man's laws, not God's — and if you cut them down — and you're just the man to do it — d'you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake.
Or listen to other famous characters or real people.

As both Tevye and MLK knew, riffing on the bible, attitudes like this, riffing on "eye for eye and tooth for tooth," leave the whole world blind and toothless.

Beyond that, there's a boatload of #twosiderism already popping up on this issue.

Time for Idries Shah again:

"To 'see both sides' of a problem is the surest way to prevent its complete solution. Because there are always more than two sides." ~ Idries Shah

This one of his, in photo poster, is also good

June 17, 2019

There are five clauses to the First Amendment

And, unfortunately, all five of them face more headwinds in today's America.

Here's some of the details on the problems.

As the arrest of Julian Assange has shown:
  • The media thinks there's only one clause;
  • It thinks that clause is a blank check;
  • It's totally indifferent about two of the other four.
The general public?
  • The winger portion thinks that one clause is a blank check;
  • Much of the left and right, conservative and liberal, winger and not, doesn't actually care for the central clause;
Much of the public cares even less for two other clauses.

So, first, a link to the actual amendment.

The five clauses are, to inform the unfamiliar:
  • Freedom of religion;
  • Freedom of speech;
  • Freedom of the press;
  • Freedom of assembly;
  • Freedom of petition.
Per the first and second bullet lists?

The press does often think that "freedom of the press" is a blank check in many times, not so much to libel, but to print information that is secluded — whether public sector or private sector — without impunity.

Often, such information needs to be published. At other times, it does not. The process of working through this is called "editing," something Julian Assange couldn't bother himself to do.

The press is indifferent about the last two clauses, especially the freedom of assembly. When presidents used "national security" after 9/11 as an excuse to put protestors at their events in protest pens blocks away from their appearances, and allowed political parties to do the same, national and big regional press said nary a word.

Since then, while the media has called out anti-BDS bills as a violation of freedom of speech, it has ignored that they're also an infringement of freedom of assembly, since that's exactly what boycotts are about.

Ditto, since the election of Trump, when wingnut Congresscritters have blocked alligators from commenting on their social media accounts, big media has ignored this infringement on freedom of petition.

The general public?

Wingers of course continue to deny Jefferson's "wall of separation" on church and state, including the descendants of the Baptists who applauded Jefferson. They also continue to lie with claims we're a Christian nation.

The general public has, in repeated polls over decades, indicated that it's willing to have freedom of speech restricted on national security grounds, which is bad enough, but on lesser, even much lesser grounds.

In reality, the First Amendment cares not for decorum or style, nor about upholding actual or alleged traditional mores.

Also, the general public often has little more concern for freedom of assembly than the press has shown. Many have not worried about elected officials engaging in social media blocking; in fact, wingers have often applauded it.

Finally, as I noted recently, specifically about Stephen Breyer, "librul" Supreme Court justices don't care a lot about the freedom of assembly or freedom of speech portions of the amendment.

November 11, 2015

'Journalism' vs 'mass communication,' the #FirstAmendment and #SJW world

I don't have a J-degree myself, let alone from a renowned J-school. But, I knew the basics, and a bit more, of the freedom of the press portion of the First Amendment when I got my first newspaper job. And, I grew in knowing its details, and my interpretation of it, since then.

That's why — despite my support of Mizzou students' right to protest, and even to not talk to the media — I find it appalling that a professor from Missouri's mass communications school tried to physically restrain an ESPN videographer. (And, asked for help from others in doing this.)

See also my new post about "Maoism on the Missouri."

That said, I do NOT find it surprising.

Update: And, apparently, neither has a board of curators at Mizzou, which on Feb. 25, 2016, fired her. She did apologize, yes, however her apology was about bad tactics first, and bad decisions second. And, it never mentioned the snarky, condescending approach a mass communications prof had about the First Amendment. Click the link for the embedded video, and you'll see that. Transcript of the relevant portion is on page 24 of this PDF.

So, even though the firing was a bit outside of normal channels, and under financial pressure from the Missouri Legislature, I still don't feel totally sorry for her. The social justice warrior movement, even if overstated, has become a problem within academia. And, it would be bad enough were a professor of biology at Mizzou helping feed the beast in an anti-First Amendment way; it's a lot worse for a communications prof to do that.

Given that she also claims to have been afraid of videographer Mark Schierbecker, even to the point of worrying he allegedly might have a gun, she's continued to double down on the indefensible. As for the small size of his camera? Smartphone cameras have exposed police brutality. Click appears to be trying to have it both ways.


M. Schierbecker (R) w. MO GOP gov candidate Peter Kinder
At the same time, while Schierbecker isn't a wingnut himself, he's at times associated with them, undermined his claims to objectivity by posing for pix with a GOP gubernatorial candidate, and more. True that he has occasionally Tweeted info from people of different points of view, but, OTOH, hanging out with the likes of quasi-reactionary troll "Sargon of Akkad" really brings his credibility into question to some degree. It certainly brings his common sense into question. That said, he's reportedly autistic; while not wanting to make excuses ...

Anyway, I Tweeted Schierbecker, with Kinder's account as well, about the photos. I'll see if he responds. I've spent enough time in the Internet weeds. Kinder looks like the stereotypical modern conservative Republican.

Update 2, March 19, 2016: He has not responded. Nonetheless, he is identified with an expressly conservative student journalism association, and a prof he cites favoring Click's dismissal has been called, in student ratings, "Mizzou's Rush Limbaugh." Therefore, I'll assume that he's willingly politicized himself, and won't allow alleged autism or other things as a defense against this. And, that's problematic itself, because defenses of the First Amendment should not be politicized.

2A: He has now responded, but didn't get that such a photo op, just before a primary election (remember, Missouri was part of "Second Tuesday" on March 15) could look like an endorsement. He then posted a link about another journalist arguably being unethical. I actually agree, but ... two wrongs don't make a right. A third person who jumped in the conversation on Twitter also didn't get that, claiming:



Not arguing that, either, Mr. Tock. But, apparently you either didn't read this blog post, or else, if you did, you too have problems with journalistic ethics.

I would never pose for a lifestyles-page shot with a gubernatorial candidate a month before a primary election.


Update 3, March 19, 2016: And now Click claims "my inexperience with public protests" made her act that way. Given that she's on tape as being at two different protests that we know of, that's approaching a lie right there. Second, even if true, that's not a defensible excuse. Third, per my first update, her apologies continue to be apologias in the old academic sense as much as apologies, apologizing for nothing more than bad tactics.

And her complaints about "shaming" seem pretty hypocritical; shaming is a two-edged sword, eh, SJWs?

That said, I, like the AAUP, do have questions about administrative due process in this issue. At the same time as that, I reject that she's being used as "a scapegoat," per her own claims.

Back to the original ...

First, per my header, and per the demise of journalism, "mass communications," and departments or schools thereof, are not the same as "journalism." They're often a training ground for public relations, or in today's day and age, various "social media" positions.

Speaking of social media, Melissa Click has not one but two but two Twitter accounts. (Why? Is your life really Twitter?) On the second, she repeatedly uses the old social justice warrior shibboleth "microaggression."

And, in the SJW world, microaggression always trumps the First Amendment.

Click demonstrates that in her own apology. Contra CNN, no, she doesn't appear to be an unlikely candidate for this. I bet she thought she could control the situation better. Micromanage microaggression?

Melissa Click: The academic face
of microagression judo?
But, that's not all. Retweeting a group Twitter account professing to represent protesting students, we have:
That was on Monday, before her apology. Does the apology cover that as well?

Also, on the first Twitter account, in her profile picture (at left) she looks like she's been out drinking with SJW queen Rebecca Watson.

It appears she started the second account after getting flamed too much on her first one.

(Note: The second Twitter account is an apparent parody. It's now deleted, so no way of proving it's an actual parody,)

Understandable, and sad if any flaming went too far verbally, let alone leading to more than that. So, no, you men's rights types, your actions aren't welcome either. (Fortunately, one person has been arrested for nuttery; let's hope this is both a deterrent to future nuttery, and leads to arrests for already committed nuttery.)

But, as I mix personal and professsional observerations, back to Click.

On her new account, yesterday, we have:
I love a white professor talking about white privilege. And, someone who at that time, at least, didn't seem apologetic. (The quote is real, even if the account is a parody.)

But, it gets better. This is the subject of her Ph.D. dissertation. per her CV:
Communication, University of Massachusetts, Amherst Dissertation: It’s ‘a good thing’: The commodification of femininity, affluence and whiteness in the Martha Stewart phenomenon.
Yeah, Martha Stewart let herself be passively commodified all the way to laughing all the way to the bank.

Click the CV link; that's only scratching the surface of the New New Left.

And, if the mainstream media, especially its inside the Beltway and inside the Mopac versions, has Peter Principle, then modern academia's got it in spades in the humanities. It's no wonder conservatives turn their gunsights on much of higher ed. And, it's no wonder that folks like Greg Lukianoff and Jonathan Haidt draw flies to their bullshit.

More below the fold, including describing why I am not a stereotypical conservative vis-a-vis higher ed, per that last line above.

January 16, 2015

Professional thoughts on #CharlieHebdo, #1stAmendment

You may have already read my earlier blog post, with my thoughts about all that's wrong in how so-called social justice warriors attempted to hijack the aftermath of the recent killings of staff at French satirical newspaper Charlie Hebdo.

Now, below, is a an edited version of my own most recent newspaper column, which covered the attacks and issues of free speech — not in France but here in the US.

It would be nice if all were forgiven. Or, if USA Today
would have run other Charlie Hebdo cover art.
The recent attack on the French satirical tabloid newspaper Charlie Hebdo are a reminder that freedom of speech, including satirical speech, is a commodity with an insecure purchase in our world.

It’s also a reminder that journalists, the professional practitioners of freedom of speech, don’t always have the safest jobs in the world. Per the advocacy group Reporters without Borders, in 2014, 66 journalists were killed, 11 assistants were killed, and 19 citizen journalists were, too. Numbers were about the same in 2013.

Charlie Hebdo’s work may not seem “fun” to fundamentalist Muslims, but free speech is free speech, and recognized as such in most of the “developed” world, including but not limited to the United States. (It should be noted that the French magazine doesn’t only skewer Muslims; one cover had the Pope and a Jewish rabbi, as well as a Muslim imam, all demanding the magazine be veiled.)

That said, while the Western world may not totally like Christian and Jewish beliefs and stances getting skewered, it doesn’t generally try to prevent such satire from being published by the media — or from being talked about by the general public.

That’s not quite so true for Muslim-majority nations. Four years ago, the United Nations’ Human Rights Council finally swatted down an attempt to get member nations to criminalize blasphemy. Previous such motions regularly passed the predecessor body to the Human Rights Council, but the United States, followed by the European Union, eventually recognized the free-speech issues that were at stake and voted no.

Various forms of freedom of communication are surely as protected in the U.S. as in modern Europe, are they not? After all, of the 10 original amendments to our Constitution, our Bill of Rights, the First Amendment safeguards exactly these issues.

On paper, yes.

In reality, maybe not so much.

In a country where we have had presidents and congressional leaders of both parties want to control the flow of news, usually on some vague  “national security” grounds, we shouldn’t assume that the First Amendment, and what it’s supposed to protect, is on 100 percent terra firma inside America. If anything, we should operate on a deliberate assumption that the First Amendment is not on such firm ground.

And, it’s not just political leaders; many of the people that make up “We the People” say the same thing. In the past two years, the annual “First Amendment Survey” conducted by the Newseum Institute shows that a full one-third of Americans think the First Amendment’s protections go “too far.”

This is probably a good time to pull up the famous statement by the French literary giant Voltaire:
“I do not agree with what you have to say, but I’ll defend to the death your right to say it.”
It’s also a good point to remind people that the First Amendment has five freedoms. We’re talking about freedom of the press. Many people know about freedom of religion, which most often results in court cases, and, especially over questions about what Thomas Jefferson’s “wall of separation” meant. This, outside of ideas that the press “abuse” their freedom, is usually the area where people think the First Amendment goes too far.

Also worth noting is that African-Americans and Hispanics are actually more likely than Caucasians in thinking that First Amendment freedoms go too far. So too, per the 2013 survey, the younger people are, the more likely they are to think that the First Amendment goes too far. (Whether this is related to their having grown up in an "always on" world, and if so, whether that's a cause of, or a result of, them being more willing to surrender First Amendment rights and related civil liberties, I don't know. But, it is a good issue, and as ever more people enter adulthood from an "always on" world, one to keep an eye on.)

But, those are just two of five freedoms of the First Amendment.

Beyond that, the amendment also guarantees freedom of speech in general. If I as an individual, not just as a newspaper editor, want to say something like what Charlie Hebdo does, or utter obscenities, or whatever, I can do that. And so can you.

There’s also freedom of petition. We can write our presidents, members of Congress, governors and legislators, and ask them to undertake specific political actions.

And, there’s freedom of assembly. That includes unionizing, voter registration drives and other public organizing work. More controversially to some, it also covers protest marches by anybody from the Ku Klux Klan to the New Black Panther Party and more.

(I chose precisely this because Marlin, Texas is about 50 percent African-American and about 35 percent Caucasian — many of that number being older, and not fully "reconstructed" whites — and thus knowing that one or the other of the two groups would be offensive to about everybody here.)

I presume that Voltaire would also defend to the death our right to assemble, to petition, and to engage in protests.

If Voltaire is not good enough, then we — and those who think the First Amendment goes “too far” — should remember Nazi-era German Lutheran minister Martin Niemöller and his famous poem:
“First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
“Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
“Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
“Then they came for me — and there was no one left to speak for me.”
If we remove free speech, assembly, religion or petition rights from others, or we think the press goes too far in using its freedoms and try to restrict it, there may eventually be nobody to speak for us.
It’s the same story George Orwell tackled in “Animal Farm” — free speech belongs to all of us and should be defended by all of us, for all of us.

Even unpleasant or antagonistic speech.

That's why I don't like public or private university hate speech codes here in the U.S. Even though I think Steve Salaita is not all that, I still don't like him being tripped up over such codes. Humorous issues of schadenfreude that such codes produce at times, including for tripping up so-called "social justice warriors," when we get to serious brass tacks, I don't like them. And, they're not needed on college campuses anyway. Students who are intimidated by a professor have grievance channels. (And, since as much as 75 percent of teaching staff at the average modern higher education outlet today is part-time adjunct instructors, students are quite likely to win such grievances.)

Unfortunately, the American media has surrendered much of its own playing field on this issue in the last decade or so.

Look at the semi-cowardice with which it has self-censored American battlefield deaths in Iraq and Afghanistan. Or, now, self-censored in refusing to print any Charlie Hebdo covers, even ones like the one at left that skewer all three monotheisms at once, not just Islam. Or, in one case we know of, where an American newspaper pixelated a picture of somebody in New York reading Charlie Hedbo, pixelating the issue's cover, and only the cover.

Back to my introduction to this column and the issue of unwarranted assumptions.

"We the People" should not assume that the mainstream media will remain a reliable guardian of the First Amendment. We shouldn't assume that it always is one today. Certainly not of the spirit of the First Amendment.

We also, as courts continue to look at the issue of bloggers and such as journalists, shouldn't limit our scope as to who is a member of the media, in part due to the paragraph just above.

#JeSuisCharlie.

#IAmMedia.

September 16, 2013

Federal journalism shield law might not be so good

The moon is blue once in a while, and I agree with Matt Ingram! He's right in that any federal "shield law" which, as part of said law, defines who a journalist is, is problematic at best. On the government side, what it gives, it can then take away. On the traditional media side, the reason they're liking it is arguably as much turf/cartel protection as anything.

Specifically, on the first issue, the current bill, though it does offer some coverage to journalists, it specifically excludes the likes of Wikileaks. Not just implicitly, but explicitly. And, some senators, like Sen. Betty Crocker (Dianne Feinstein) want it to go further and explicitly exclude all blogger-type journalists. That's you,  Glenn Greenwald. And, that part of this bill is only likely to get MORE politicized. So, the Newspaper Association of America and the National Newspaper Association should drop their support for the bill as it now stands.

Period. End of story. The government picking and choosing who a journalist is undercuts the First Amendment and is censorship by the back door. As Ingram says at the top link:
(W)e could just try to defend the First Amendment, which is specifically worded so that it doesn’t just apply to professional journalists, but to anyone involved in a “free press.” At the time the Constitution was written, that included everyone from Ben Franklin to the guy down the street printing pamphlets on his home-built printing press — the 18th-century equivalent of a blog. Instead of broadening the definition, the Senate is in fact severely narrowing it.
Bingo. Given how much journalism is in transition right now, the current shield law ideas that are floating around could cause more of a problem than they fix.

And, along Ingram's line of thought, freedom of the press was one of four freedoms all put in the same amendment, along with religion, speech and assembly. The big idea, to put it into today's terms, was "freedom of communication." That includes the freedom to spread my ideas as well as the freedom not to have to have others' ideas forcibly spread upon me, or the government aiding such people in so doing. (And that's where the rock is for we atheists on freedom FROM religion.)

And, beyond all this, with Members of Congress like Sen. Betty Crocker who continue to write blank checks to the CIA and NSA, their definition of "free speech" is questionable in general.

That's why I say the praise for the "Free Flow of Information" act by the likes of the NNA, is just wrong. (As well as the name of the bill being wrong.)

But, don't hold your breath over media trade groups changing their minds. Once they've got theirs, if they do, "nontraditional journalists" can probably just cut bait, in their minds.

That's just part of the turf angle, though, I beleive. I suspect both groups, and especially the NAA, which represents the big seven-day dailies, would want to keep the likes of Wikileaks in a subservient position. Assange, Manning, Snowden and whoever is next only gets to see the broadly read light of day if they play ball with Big Media.

But, that's wrong thinking too; the major journalism trade groups (and that's what they are, folks) shouldn't get greedy, narrow-minded, or short-sighted. The current, and the previous, presidential administrations have shown no compunction about abusing material witness statutes. Even if a Bradley Manning had not allegedly done anything "wrong," Team Obama or BushCo might have no problem letting him cool his heels for a few weeks, while under investigation as a material witness.

Now part of their praise for the act may be out of legitimate issues. In that case, the trade groups are still thinking wrong, per the First Amendment. And, that's not an "originalist" interpretation. I personally despise originalism in the version touted by the likes of Antonin Scalia and find it questionable even in lesser forms. And Ingram's not even a U.S. citizen; he's Canadian.

Which leads to the observation that it takes observant foreign nationals in many cases to point out what our Constitution actually means. That's sad, but it's nothing new.

That said, the more cyncial side of me has now arisen to use the old journalism phrase, "Follow the money." What if NAA and NNA don't want to protect even top-grade bloggers unless they become dues-paying members?

Apologies for originally misspelling "shield" in the header.


May 20, 2013

Media as "unindicted co-conspirators"

If you think that, while the IRS nonscandal has been blown way out of proportion, in part by Team Obama playing Shirley Sherrod in the face of wingnut pressure, and that Benghazi's been wrongly covered, because nobody's talking about what the CIA was doing there, but ...

You know there's one real scandal, even if arguably legal — Team Obama spying on the AP, then ...

Glenn Greewald's latest is a must read.

Per my header, he argues, and rightly, that that is exactly what the White House is doing with investigative journalists. Besides indicting the leakers as soon as it can (even if they've clearly done nothing illegal, more below), it's treating the media recipients of leaks as unindicted co-conspirators.
(A)s Harvard Law Professor Yochai Benkler noted recently in the New Republic, when the judge presiding over Manning's prosecution asked military lawyers if they would "have pressed the same charges if Manning had given the documents not to WikiLeaks but directly to the New York Times?", the prosecutor answered simply: "Yes, ma'am". It has long been clear that this WikiLeaks-as-criminals theory could and would be used to criminalize establishment media outlets which reported on that which the US government wanted concealed. 

Now we know that the DOJ is doing exactly that: applying this theory to criminalize the acts of journalists who report on what the US government does in secret, even though there is no law that makes such reporting illegal and the First Amendment protects such conduct. Essentially accusing James Rosen of being an unindicted co-conspriator in these alleged crimes is a major escalation of the Obama DOJ's already dangerous attacks on press freedom. 
The imperial presidency of Nixon? The unitary executive of Shrub Bush?

Growing even more under Dear Leader.