Free Speech Wins (Again) at the Supreme Court
David French writes:
… Given existing First Amendment jurisprudence, there would have been a constitutional earthquake if SCOTUS hadn’t ruled for Tam. The Court has long held that the Constitution protects all but the narrowest categories of speech. Yet time and again, governments (including colleges) have tried to regulate “offensive” speech. Time and again, SCOTUS has defended free expression. Today was no exception. Writing for a unanimous Court, Justice Alito noted that the Patent and Trademark Office was essentially arguing that “the Government has an interest in preventing speech expressing ideas that offend.” His response was decisive:
[A]s we have explained, that idea strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.”
Quick, someone alert the snowflakes shouting down speeches on campus or rushing stages in New York. There is no constitutional exception for so-called “hate speech.”
Indeed, governments are under an obligation to protect controversial expression. Every justice agrees. The ruling is worth celebrating, but when law and culture diverge, culture tends to win. The law protects free speech as strongly as it ever has. The culture, however … (read more)
Source: National Review
In two First Amendment rulings released this week, the justices argue they’re saving would-be censors from themselves.
Matt Ford reports: The U.S. Supreme Court handed down two notable victories for free-speech advocates on Monday as it nears the end of its current term. The two First Amendment cases came to the Court from starkly different circumstances, but the justices emphasized a similar theme in both rulings: Beware what the free-speech restrictions of today could be used to justify tomorrow.
In the first case, Matal v. Tam, the Court sided with an Asian-American rock band in Oregon named The Slants in a dispute with the U.S. Patent and Trademark Office. The PTO had denied band member Simon Tam’s application to register the group’s name as a trademark, citing a provision in federal law that prohibits the office from recognizing those that “disparage” or “bring … into contempt or disrepute” any “persons, living or dead.” Read the rest of this entry »
Ulrich Baer, the author and a New York University professor, writes Monday in favor of students who protest talks on campuses from more conservative voices like political scientist Charles Murray and provocateur Milo Yiannopoulos. These students, unlike “liberal free-speech advocates,” understand that a more complex definition of free speech is needed, Baer argues.
“Universities invited speakers not chiefly to present otherwise unavailable discoveries but to present to the public views they have presented elsewhere. When those views invalidate the humanity of some people, they restrict speech as a public good,” Baer writes. Read the rest of this entry »
Protesters Torch Free Speech At Berkeley In Latest Example of Mob Rule On America’s College CampusesPosted: April 20, 2017
We recently discussed the courageous stand of the University of Chicago in favor of free speech (a position followed by schools like Purdue). Free speech is being rapidly diminished on our campuses as an ever-widening scope of speech has been declared hate speech or part of the ill-defined “microaggression.” Now Berkeley has shown the world exactly what this intolerance looks like as protesters attacked people, burned property, and rioted to stop other people from hearing the views of a conservative speaker. As on so many campuses, they succeeded. The speech by Milo Yiannopoulos was cancelled. A triumph of anti-speech protesters. Berkeley now must face a defining moment. The only appropriate response for the school is to immediately reschedule the speaker and stand in defiance of those who want to deny the right to speak (and to hear and associate) to others. Moreover, it is liberals who should be on…
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Michael Barone writes: Something like that is happening now — but the violence is coming from leftists, not Trumpists. Take the University of California, Berkeley, [long pause] please. That’s where a speech to the Young Republicans by rightist provocateur Milo Yiannopoulos was shut down by a screaming mob on February 1, as this eyewitness account from Power Line’s Steven Hayward records. Not only was the speech shut down, but gangs of ski-masked and bandana-wearing protesters roamed the streets just off campus with sledgehammers, smashing ATM machines. In one instance, Hayward reports, a 62-year-old Republican who voted for Hillary Clinton held up a sign reading “1st Amendment Protects All Speech” and, on the obverse side, “Even Milo’s” was punched in the nose and dropped to the ground.
Where were the police? Not in a position to help—by design. In this “lethal, horror situation,” said University of California Berkeley campus police chief Margo Bennett, according to the Los Angeles Times. “We have to do exactly what we did last night: to show tremendous restraint.”
They made just one arrest. As for City of Berkeley police, according to the San Francisco Chronicle they came equipped with riot gear, but “as the violence escalated, officers pulled back.” Police on a balcony ordered rioters to disperse, but made no move to stop them, supposedly to prevent injury to “innocent protesters and bystanders.” City police made no arrests. “Our primary objective with the resources we had was the protection of life.” Read the rest of this entry »
‘The enemy of my enemy is my ally’
Human monkey behavior is often an under-explored element in articles about group dynamics in politics. That’s why we’re pleased to find National Review‘s Jonah Goldberg liberally including quotations from evolutionary psychologist John Tooby. This is from Jonah’s weekly column in the LATimes:
Jonah Goldberg writes:
…From the outset, many on the right who do not consider themselves part of the Cult of Milo opposed his invitation. The disturbing thing is that, absent these videos, we would have lost the fight.
“John Tooby, the evolutionary psychologist, recently wrote that if he could explain one scientific concept to the public it would be the ‘coalitional instinct.’ In our natural habitat, to be alone was to be vulnerable. If ‘you had no coalition, you were nakedly at the mercy of everyone else, so the instinct to belong to a coalition has urgency, pre-existing and superseding any policy-driven basis for membership … This is why group beliefs are free to be so weird’.”
Even now, Schlapp defends the initial decision to invite Yiannopoulis. On Monday’s ”Morning Joe,” he insisted: “The fact is, he’s got a voice that a lot of young people listen to.” A lot of young conservative people, he should have added, precisely because he enrages so many young liberals.
“If ‘you had no coalition, you were nakedly at the mercy of everyone else, so the instinct to belong to a coalition has urgency, pre-existing and superseding any policy-driven basis for membership,’ Tooby wrote on Edge.org. ‘This is why group beliefs are free to be so weird.’”
John Tooby, the evolutionary psychologist, recently wrote that if he could explain one scientific concept to the public it would be the “coalitional instinct.” In our natural habitat, to be alone was to be vulnerable. If “you had no coalition, you were nakedly at the mercy of everyone else, so the instinct to belong to a coalition has urgency, pre-existing and superseding any policy-driven basis for membership,” Tooby wrote on Edge.org. “This is why group beliefs are free to be so weird.”
We overlook the hypocrisies and shortcomings within our coalition out of a desire to protect ourselves from our enemies.
Today, the right sees the left as enemies — and, I should say, vice versa. Read the rest of this entry »
Simon & Schuster’s Adam Rothberg announced that the company and its Threshold Editions division would be canceling its publication of Yiannopoulos’ book, ‘Dangerous.’ It was due for release on June 13.
The decision comes amid a controversy involving a video from January 2016, in which Yiannopoulos appears to defend pedophilia. It resurfaced after it was recently shared on a conservative blog, and has gained traction and backlash over the past week.
— (((Adam Rothberg))) (@AdamRothberg) February 20, 2017
“We realize that Mr. Yiannopoulos has responded on Facebook, but it is insufficient,” American Conservative Union Chairman Matt said in a statement. “It is up to him to answer the tough questions and we urge him to immediately further address these disturbing comments.”
In the video, a 2016 episode of podcast “The Drunken Peasants,” Yiannopoulos discussed his own experience with sexual assault as a teenager. Read the rest of this entry »
Nice job liberals.
John Ziegler writes:
…It is very clear that academia is tremendously biased against conservatives and is extremely hypocritical on the issue of “free speech.” In the vast majority of our places of higher learning (even at the high school level), “academic diversity” means that the school makes sure that they have a liberal of every color, gender, sexual persuasion, and religion. Generally, a “conservative” is defined as someone who thinks that George W. Bush was legitimately elected and didn’t purposely lie to get us into Iraq (I’m not kidding).
Understanding this, Yiannopolus has decided to take personal advantage of the left’s all-too-predictable freak-out over an openly gay conservative who calls himself a “faggot” being allowed a microphone and an auditorium on a major college campus. He obviously schedules his events to create the greatest possible chance to be banned, cancelled, or to create chaos, all of which gives him what he wants most: publicity and martyrdom.
At Berkeley, he got probably more than he could have ever dreamed of, with hundreds of apparent students gathering to protest and creating all sorts of destruction on live television. This caused his “performance,” as the school aptly described it in a tweet, to be cancelled (which is basically the dictionary definition of the “heckler’s veto,” which used to be a concept for which academia had complete disdain). This, of course, in the era of modern media and the perverse incentives it creates, was the best outcome for which he could have possibly hoped.
Thanks to this, Milo’s national profile increased greatly. He got to expose the liberal academics as the hypocrites that they are while being allowed to take the moral high ground. The President of the United States effectively tweeted his support while threatening to pull federal funding from the school. He got invited to be an in-studio guest on Tucker Carlson’s new hit Fox News show. And his already controversial book dramatically surged in sales. All of this without having to even say a word to the miniscule crowd which would have heard him speak that night.
Nice job liberals.
This whole episode went so poorly for the liberal “resistance” that several prominent voices are deluding themselves (or just desperately lying) into thinking that this really was NOT all the fault of young liberal “special snowflakes” who grew up getting participation trophies and can’t even deal with an opposing opinion. That’s right. You see, at least according to some on the left, this was all part of a grand right-wing conspiracy to make it LOOK like a riot by liberals.
Yeah, and I heard that the very same people were also behind the “Bowling Green Massacre.”
For many reasons, this “theory’ is absurd on its face. First, it should be pointed out that just because someone benefits from a circumstance, as Milo clearly did here, that not means that they were responsible for creating those events (though, I’m sure he anticipated/welcomed them). Milo may have set a trap for liberals, but, like a husband who makes a pass at his wife’s hot friend, that doesn’t get them off the hook for stupidly taking the bait. Read the rest of this entry »
BERKELEY, CA—A protest at UC Berkeley turned violent Wednesday night into Thursday morning as hundreds of rioters set fires, assaulted people, damaged vehicles, and smashed storefronts. But in the midst of all the chaos: an inspirational moment. After beating a man unconscious for disagreeing with him, a masked protester pulled out a black marker and […] Read the rest of this entry »
“I wrote a book called ‘Liberal Fascism’ about a decade ago, and even then the best working definition of a Fascist in America is ‘a conservative who’s winning an argument’. The way the Left operates, they just try to shout down anyone who disagrees with them, these campuses are little, sort of soft-Totalitarian states where disagreements is actually a heresy.”
“By all means, Milo has a right to speak, he has free speech rights, they should have let him speak, the far smarter strategy would be to ignore these things, but the clampdown on free speech that’s more troubling is when they block people like Condoleeza Rice from being able to give a speech. The whole point to protecting outrageous speech is that it keeps the zone of speech for reasonable important speech safer, the way they do this kind of stuff is so counterproductive, it feeds into the worse impulses on both the right and the left, and Berkeley, and the administration of Berkeley should be ashamed of itself.”
[NEW – Berkeley’s Shame – NR Editors]
[More – Populism Is Not Fascism]
Rioters break windows, set fire to force cancellation of Breitbart editor’s UC-Berkeley talk
A planned talk at the University of California-Berkeley by polarizing Breitbart News editor Milo Yiannopoulos was canceled Wednesday evening after protesters threw smoke bombs and flares at the student union building where he was scheduled to speak.
— Breaking911 (@Breaking911) February 2, 2017
“Violent left-wing protesters stormed the building and forced me to be evacuated by police and by my security detail,” Yiannopoulos told Fox News‘ Tucker Carlson in a phone interview from an undisclosed location.
There were no immediate reports of any injuries or arrests.
Yiannopoulos, 32, is a vocal supporter of President Donald Trump and a self-proclaimed internet troll whose comments have been criticized as racist, misogynist, anti-Muslim and white supremacist.
The decision to cancel was made two hours before the start of the event because a crowd of more than 1,500 people had gathered outside the venue, the university said in a statement.
“We condemn in the strongest possible terms the violence and unlawful behavior that was on display, and deeply regret that those tactics will now overshadow the efforts to engage in legitimate and lawful protest against the performer’s presence and perspectives,” the statement read, in part.
Hundreds of peaceful demonstrators carrying signs that read “Hate Speech Is Not Free Speech” had been protesting for hours before the event.
— Breaking911 (@Breaking911) February 2, 2017
In the evening, a small group dressed in black broke windows, threw smoke bombs and flares, and set a large bonfire outside the building. Some members of that group were wearing hooded sweatshirts.
The demonstrators were met by tight security in the form of law enforcement armed in riot gear. Some rioters broke windows and lit fireworks, while others pulled away the metal barricades in front of the building.
A shelter in place order was in effect and the Cal campus was placed on lockdown. Read the rest of this entry »
Strings of code were released to the Internet by a group calling themselves ‘the Shadow Brokers’. They claim the code is a tool that can be used to hack into any computer.
The cache mysteriously surfaced over the weekend and appears to be legitimate.
Ellen Nakashima reports: Some of the most powerful espionage tools created by the National Security Agency’s elite group of hackers have been revealed in recent days, a development that could pose severe consequences for the spy agency’s operations and the security of government and corporate computers.
“Faking this information would be monumentally difficult, there is just such a sheer volume of meaningful stuff. Much of this code should never leave the NSA.”
— Nicholas Weaver, a computer security researcher at the University of California at Berkeley
A cache of hacking tools with code names such as Epicbanana, Buzzdirection and Egregiousblunder appeared mysteriously online over the weekend, setting the security world abuzz with speculation over whether the material was legitimate.
The file appeared to be real, according to former NSA personnel who worked in the agency’s hacking division, known as Tailored Access Operations (TAO).
“Without a doubt, they’re the keys to the kingdom,” said one former TAO employee, who spoke on the condition of anonymity to discuss sensitive internal operations. “The stuff you’re talking about would undermine the security of a lot of major government and corporate networks both here and abroad.”
Said a second former TAO hacker who saw the file: “From what I saw, there was no doubt in my mind that it was legitimate.”
“Without a doubt, they’re the keys to the kingdom. The stuff you’re talking about would undermine the security of a lot of major government and corporate networks both here and abroad.”
Strings of code were released to the Internet by a group calling themselves “the Shadow Brokers”. They claim the code is a tool that can be used to hack into any computer.
The file contained 300 megabytes of information, including several “exploits,” or tools for taking control of firewalls in order to control a network, and a number of implants that might, for instance, exfiltrate or modify information.
The exploits are not run-of-the-mill tools to target everyday individuals. They are expensive software used to take over firewalls, such as Cisco and Fortinet, that are used “in the largest and most critical commercial, educational and government agencies around the world,” said Blake Darche, another former TAO operator and now head of security research at Area 1 Security.
The software apparently dates back to 2013 and appears to have been taken then, experts said, citing file creation dates, among other things.
“The tools were posted by a group calling itself the Shadow Brokers using file-sharing sites such as BitTorrent and DropBox.”
“What’s clear is that these are highly sophisticated and authentic hacking tools,” said Oren Falkowitz, chief executive of Area 1 Security and another former TAO employee.
Several of the exploits were pieces of computer code that took advantage of “zero-day” or previously unknown flaws or vulnerabilities in firewalls, which appear to be unfixed to this day, said one of the former hackers.
The disclosure of the file means that at least one other party — possibly another country’s spy agency — has had access to the same hacking tools used by the NSA and could deploy them against organizations that are using vulnerable routers and firewalls. It might also see what the NSA is targeting and spying on. And now that the tools are public, as long as the flaws remain unpatched, other hackers can take advantage of them, too.
“The disclosure of the file means that at least one other party — possibly another country’s spy agency — has had access to the same hacking tools used by the NSA and could deploy them against organizations that are using vulnerable routers and firewalls. It might also see what the NSA is targeting and spying on. And now that the tools are public, as long as the flaws remain unpatched, other hackers can take advantage of them, too.”
The NSA did not respond to requests for comment.
“Faking this information would be monumentally difficult, there is just such a sheer volume of meaningful stuff,” Nicholas Weaver, a computer security researcher at the University of California at Berkeley, said in an interview. “Much of this code should never leave the NSA.”
The tools were posted by a group calling itself the Shadow Brokers using file-sharing sites such as BitTorrent and DropBox. Read the rest of this entry »
Will AB2466 pass in the state Senate? Hint: in 2014, three state senators — more than 10 percent of the Democratic caucus — were charged with felonies. The state Democratic Party owns Sacramento, and it’s still not enough. Democratic lawmakers must look at jail and think they hit the jackpot: a captive audience of kindred spirits.
Debra J. Saunders reports: California lawmakers seem intent on making Sacramento the place where reasonable reforms, much like runaway trains, jump the tracks. In that no-speed-limit spirit Tuesday, the California Assembly voted 41-37 to allow convicted felons to vote in jail. (Yes, you read that correctly — in jail.) If Assembly Bill 2466 becomes law, the ACLU estimates that 50,000 adults will be able to vote behind bars. The state doesn’t trust these people on the streets, but they are welcome in the voting booth.
“If Assembly Bill 2466 becomes law, the ACLU estimates that 50,000 adults will be able to vote behind bars. The state doesn’t trust these people on the streets, but they are welcome in the voting booth.”
When individuals commit crimes that endanger public safety, they forfeit their civil rights upon conviction. The National Conference of State Legislatures notes that the concept of “civil death” goes back to the Greeks and Romans. In some states — Florida, Iowa — convicted felons are permanently disenfranchised. Virginia Gov. Terry McAuliffe recently made news by suspending permanent disenfranchisement by temporary order.
No need for that in California. In 1976, voters amended the Constitution to end the permanent disenfranchisement of felons. The California Constitution now reads: The Legislature “shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.”
With such clear language, you would think that a measure to allow felons to vote behind bars first would have to go before voters as a constitutional amendment. But voters get no say thanks to an unholy alliance of California politicians, California courts and the ACLU. In 2011, Gov. Jerry Brown signed the Realignment Act, which mandated that low-level felons serve their sentences not in state prisons, but in county jails or under county supervision. It was Brown’s clever way of alleviating state prison overcrowding by moving felons to largely overcrowded jails.
In the county system, “it’s not called parole any more,” explained Assemblymember Melissa Melendez, R-Murrieta (Riverside County) who, like every other Republican member, voted against AB2466. Read the rest of this entry »
A majority of Californians are opposed to ‘sanctuary city’ policies in which local jurisdictions ignore federal immigration detainer requests, according to a new poll from the Institute of Governmental Studies at the University of California, Berkeley.
Caroline May reports: The poll, released Friday, reveals that opposition to local officials ignoring federal immigration requests runs high in The Golden State and cuts across ideological and ethnic lines.
“We found very broad-based opposition to the idea of sanctuary cities. Californians want their local officials to abide by the requests of federal authorities.”
— IGS Director Jack Citrin, a political science professor at UC-Berkeley, in a statement
According to the online survey of 1,098 California residents, 74 percent said “local authorities should not be able to ignore these federal requests,” and just 26 percent said authorities should be able to ignore such requests.
“As for individual ethnic groups, 65 percent of Latinos said they opposed sanctuary policies. Seventy-five percent of Asians, 75 percent of African Americans and 80 percent of whites agreed.”
Republicans were the most opposed to sanctuary policies with 82 percent saying local officials should not be allowed to ignore detainers. A majority of Democrats and independents were also opposed — 73 percent and 71 percent, respectively. Read the rest of this entry »
Are Conservatives a Little Paranoid? The Obama Administration has ‘Richly Earned Citizens’ Distrust’, says David FrenchPosted: May 11, 2015
No, the Obama administration isn’t going to invade Texas
David French writes:
…Let’s not forget that more than half of Democrat voters thought it was “very” or “somewhat” likely that the Bush administration either “assisted in the 9/11 attacks or took no action to stop the attacks because they wanted the United States to go to war in the Middle East.” Let that sink in: For all the elite’s disdain of allegedly gullible conservatives, a majority of the Left believed that an American president was complicit in mass murder.
But extreme paranoia wasn’t limited to the Democratic rank and file. As National Review’s own Rich Lowry pointed out, Naomi Wolf (former campaign consultant to Bill Clinton and Al Gore) actually wrote a book explaining how the Bush administration was mirroring the early actions of dictatorships like those in Germany, Russia, and China. Harper’s Magazine published breathless stories about a barely averted Bush administration “coup” or “military dictatorship.” Even as recently as 2013, the National Journal published an article claiming that military officers were considering “staging a coup” against President Obama — the basis for the claim was a series of statements by a retired general who specifically declared that no coup was being contemplated.
In this atmosphere of earned distrust, it is appropriate for elected officials to ask questions about even benign and well-meaning military exercises. No, the Obama administration isn’t going to invade Texas or Utah. Yes, there are some bottom-dwelling, opportunistic conspiracy-mongers who’ve done their best to whip up public concern. Read the rest of this entry »
By 1957 the effects of radioactivity on the soldiers and the surrounding population led the government to begin testing bombs underground, and by 1962, all atmospheric testing had ceased
Forcefully marking the continued importance of the West in the development of nuclear weaponry, the government detonates the first of a series of nuclear bombs at its new Nevada test site.
Although much of the West had long lagged behind the rest of the nation in technological and industrial development, the massive World War II project to build the first atomic bomb single-handedly pushed the region into the 20th century. Code named the Manhattan Project, this ambitious research and development program pumped millions of dollars of federal funds into new western research centers like the bomb building lab at Los Alamos, New Mexicoand the fissionable material production center at Hanford, Washington. Ironically, the very conditions that had once impeded western technological development became benefits: lots of wide-open unpopulated federal land where dangerous experiments could be conducted in secret.
After the war ended, the West continued to be the ideal region for Cold War-era nuclear experimentation for the same reasons. In December 1950, the Atomic Energy Commission designated a large swath of unpopulated desert land 65 miles northwest of Las Vegas as the Nevada Proving Ground for atmospheric atomic testing. On January 27, 1951, the government detonated its first atomic device on the site, resulting in a tremendous explosion, the flash from which was seen as far away as San Francisco.
The government continued to conduct atmospheric tests for six more years at the Nevada site. They studied the effects on humans by stationing ground troops as close as 2,500 yards from ground zero and moving them even closer shortly after the detonation. Read the rest of this entry »
In the final segment of Friday’s edition of HBO’s Real Time, host Bill Maher took aim at those who oppose free speech, especially taking liberals to task for the “Islamophobia kills” campaign and being against “bullying” when it’s convenient.
“Yeah, liberals hate bullying alright but they’re not opposed to using it when they causally throw out words like bigot and racist.”
“It does cower people into avoiding this debate. And if you’re doing that, you don’t get to wear the “Je suis Charlie” button; the button you wear is ‘Je suis party of the problem.’ And that goes for everybody,” he added.
[BONUS: The pro-censorship website crooksandliars.com disapproves of Maher’s defense of free speech with this thumb-sucking, pouting, infantile headline: Maher’s New Rule: Limbaugh Can Say Whatever He Wants, You Little People Can Just STFU]
Maher criticized Catholic League president Bill Donahue for blaming the publisher of Charlie Hebo for not understanding “the role he played in his tragic death. Maher says that’s essentially blaming a woman for rape because she was wearing clothes that were too provocative.
“Free speech only works if there are no waivers. No waivers. Including for religion.”
— Bill Maher
Next, Maher slammed frequent guest of the show Glenn Greenwald for saying anti-Muslim speech is a “vital driver” for the occupation of Muslim countries and killing the innocent.
“Really? Newspaper cartoons did all that? Wait until they get to the horoscopes and the crossword.”
“It reminds me of one of those protest signs that I saw up in Berkeley last month; it said: ‘Islamophobia kills.’ Does it? The phobia kills? Or maybe it’s more the AK-47s, and the beheadings, and the planes into buildings,” Maher responded.
— Pamela Geller (@PamelaGeller) January 17, 2015
“…Ironically you’re not even a proper liberal because you don’t get free speech. You’re just a baby who can’t stand to live in a world where you hear things that upset you. Oh, you’re not alone.”
Liberals and even some conservatives embrace the ‘heckler’s veto’ threat to the First Amendment
Barry A. Fisher writes: An essential freedom-of-speech paradigm was established in 1949 by the Supreme Court in Terminiello v. Chicago. In that case a vitriolic, racist speaker spoke to an auditorium packed with supporters. Outside the auditorium was what was described as “ ‘a surging, howling mob hurling epithets’ at those who would enter and ‘tried to tear their clothes off.’ ” The police blamed the mob’s action on the speaker, Arthur Terminiello, a Catholic priest under suspension by his bishop. He was convicted of disturbing the peace and fined.
“University of Chicago law professor Harry Kalven Jr. would later coin the term “heckler’s veto” to describe what would have happened had the court decided otherwise. First Amendment rights could be “vetoed” by others who create a public disturbance that forces the silencing of the speaker.”
The Supreme Court, in a 5-4 decision, reversed the conviction and ruled that Terminiello’s speech was protected by the First Amendment. The court said that the police, instead of taking action against the speaker, should have protected him and controlled the crowd, including making arrests if necessary. University of Chicago law professor Harry Kalven Jr. would later coin the term “heckler’s veto” to describe what would have happened had the court decided otherwise. First Amendment rights could be “vetoed” by others who create a public disturbance that forces the silencing of the speaker.
Sony ’s recent crisis over the film “The Interview”—along with the domestic political correctness and anti-hate speech movements, various international agreements and globalization itself—is leading the country precisely toward a heckler’s veto.
There is growing support, including among academics and racial and religious advocacy groups, that what they define as hate speech…Law professors have concocted influential concepts like ‘outsider jurisprudence,’ ‘critical race theory,’ ‘critical feminist theory’, and ‘storytelling’ theory to define some kinds of politically incorrect speech as not speech at all, but ‘mechanisms of subordination.'”
Protesters have silenced speakers on several occasions this year, sometimes with the law’s support. In February a panel of the Ninth Circuit Court of Appeals upheld a California high school’s decision to prohibit students from wearing American-flag T-shirts on Cinco de Mayo “to avert violence.” In August a panel of the Sixth Circuit Court of Appeals upheld the ejection of an anti-Islam Christian group from an Arab festival in Dearborn, Mich., on the theory that the group’s speech would incite festivalgoers to violence. (In October the full court agreed to reconsider the decision.)
In December protesters against the non-indictment of a police officer in Ferguson, Mo., stormed into an auditorium at the University of California, Berkeley, and shut down a speech by Internet entrepreneur Peter Thiel . And during the past academic year, protesters caused the cancellation of commencement addresses by former U.S. Secretary of State Condoleezza Rice at Rutgers University, and International Monetary Fund Director Christine Lagarde at Smith College. Read the rest of this entry »
The soft, gentle and voluptuous curves of traditional automotive design made a radical right turn in the late 1960s, when cars like the Alfa Romeo 33 Carabo concept by Bertone introduced the rising wedge line. The look was futuristic, cool, and first embraced by a handful of production Italian exotics. But soon the entire automotive industry caught on, and from the 1970s through the mid-1980s, nearly every new sports car had a pointy nose and pop-up headlamps. Here are 20 of the most memorable — a group of cars that envisioned an angular future….(read more)
Sol Stern: The Unfree Speech Movement
How did this Orwellian inversion occur? It happened in part because the Free Speech Movement’s fight for free speech was always a charade.
“I realized years later that this moment may have been the beginning of the 1960s radicals’ perversion of ordinary political language, like the spelling “Amerika” or seeing hope and progress in Third World dictatorships.”
Sol Stern writes: This fall the University of California at Berkeley is celebrating the 50th anniversary of the Free Speech Movement, a student-led protest against campus restrictions on political activities that made headlines and inspired imitators around the country. I played a small part in the Free Speech Movement, and some of those returning for the reunion were once my friends, but I won’t be joining them.
“‘Tenured radicals,’ in New Criterion editor Roger Kimball’s phrase, now dominate most professional organizations in the humanities and social studies.”
Though the movement promised greater intellectual and political freedom on campus, the result has been the opposite. The great irony is that while Berkeley now honors the memory of the Free Speech Movement, it exercises more thought control over students than the hated institution that we rose up against half a century ago.
“Unlike our old liberal professors, who dealt respectfully with the ideas advanced by my generation of New Left students, today’s radical professors insist on ideological conformity and don’t take kindly to dissent by conservative students.”
We early-1960s radicals believed ourselves anointed as a new “tell it like it is” generation. We promised to transcend the “smelly old orthodoxies” (in George Orwell’s phrase) of Cold War liberalism and class-based, authoritarian leftism.
Leading students into the university administration building for the first mass protest, Mario Savio, the Free Speech Movement’s brilliant leader from Queens, New York, famously said: “There’s a time when the operation of the machine becomes so odious—makes you so sick at heart—that you can’t take part. . . . . And you’ve got to indicate to the people who run it, to the people who own it that unless you’re free, the machine will be prevented from working at all.”
“Visits by speakers who might not toe the liberal line—recently including former Secretary of State Condoleezza Rice and Islamism critic Aayan Hirsi Ali —spark protests and letter-writing campaigns by students in tandem with their professors until the speaker withdraws or the invitation is canceled.”
The Berkeley “machine” now promotes Free Speech Movement kitsch. The steps in front of Sproul Hall, the central administration building where more than 700 students were arrested on Dec. 2, 1964, have been renamed the Mario Savio Steps. One of the campus dining halls is called the Free Speech Movement Café, its walls covered with photographs and mementos of the glorious semester of struggle. The university requires freshmen to read an admiring biography of Savio, who died in 1996, written by New York University professor and Berkeley graduate Robert Cohen.
“by contrast, one of the honored speakers at the Free Speech Movement anniversary rally on Sproul Plaza will be Bettina Aptheker, who is now a feminist-studies professor at the University of California at Santa Cruz.”
Yet intellectual diversity is hardly embraced. Every undergraduate undergoes a form of indoctrination with a required course on the “theoretical or analytical issues relevant to understanding race, culture, and ethnicity in American society,” administered by the university’s Division of Equity and Inclusion. Read the rest of this entry »