Showing posts with label Free Speech. Show all posts
Showing posts with label Free Speech. Show all posts

Sunday, August 31, 2008

The Land of the Silent and the Home of the Fearful

Dave Lindorff
commondreams.org
Thu, 28 Aug 2008 18:29 EDT

I was a speaker last night at an anti-war event sponsored by the Unitarian Universalist Congregation of Monmouth County, Progressive Democrats of America and Democrats For America in Lincroft, NJ, near the shore. It was a great group of activist Americans who want to see this country end the Iraq War, turn away from war as a primary instrument of policy, and start dealing with the pressing human needs of the country and the world.

Yet even in this group of committed people, one woman stood up during the question-and-answer session and said, "I want to get involved in writing emails to members of Congress urging them to cut off funding for the war and other things, but if I do that won't I end up getting put on a "watch list'" or something?"

I told her the short answer was yes, she probably would.

In George Bush's and Dick Cheney's America, no one is safe from such spying, and even from harassment, as witness Tom Feeley, the man behind the website Information Clearing House, who had armed men invade his house at night and threaten his wife complaining about his First Amendment-protected effort to publicize important stories on the Internet.

But I also told her that it didn't matter. She should defend her freedom of speech and her right to petition for redress of grievances, just as she was defending her freedom of assembly by attending last night's event.

The only demonstrably true statement George Bush has made in his sorry eight years in office is that the Constitution is "just a goddamned piece of paper." While it wasn't the point he was making, when he reportedly shouted this at a couple of Republican members of Congress who were questioning the constitutionality of some of his actions, he was right that the nation's founding document is only worth the parchment and ink it's composed of, unless people use it and defend it.

There is a remarkable and palpable fear abroad in this land-not a fear of terrorism, but a fear of speaking up, a fear of being labeled as "different" or as a "troublemaker."

People will lean over and whisper their opinions, if they think they are anti-Establishment, as though someone might be listening. People write me after some of my columns run, praising me for my "courage," though why it should be perceived as requiring courage to merely write something in America is beyond me.

The worst thing is that every time someone says she or he is afraid, or acts afraid to speak or write what she or he is thinking, five more acquaintances become equally scared and silenced.

The corollary, though, is that each time someone forgets or ignores or rejects that fear, five people gain courage the do the same thing.

Now I'm not saying that there aren't people monitoring, and reporting on, what we say. I know our government is busy doing that. I assume that my Internet activities are being monitored by the National Security Agency. I assume my phones are tapped. I assume there was some agent or informant among the fine people at the church last night. But these Stasi wannabes have no power if we don't let them frighten us into silence and inaction.

What I find discouraging is the widespread acceptance, even on the left, of this effort to intimidate us, and the pervasive attitude of fear that has grown up around us. I spent a year and a half living in a truly fascistic society in China, where there are real, concrete threats to life and liberty faced by those who stand up and say what they are thinking, and yet sometimes I think that ordinary people I met in China were braver about stating their minds than many, or even most Americans are. I'm not talking here about saying things like that you think the Post Office is dysfunctional, or that you think federal bureaucrats are corrupt or that taxes are too high. I'm talking about questioning the system, or challenging the war, or protesting military spending. Chinese people would tell me all the time that the Chinese Communist Party was a corrupt gang of thugs or that you could not get justice in a Chinese court. Chinese people are closing down factories that short them on their pay. They have rallied in the thousands and burned down police stations when corrupt police have raped, killed and then covered up the death of a young girl. They have marched in massive impromptu protests at the theft of their homes through eminent domain.

If you want to see where we're headed here in America, check out the workplace. There, we Americans have, through years of collective cowardice and unwillingness to stand together in organized labor unions, allowed our constitutional freedoms to be almost completely erased. Today, an American workplace is more akin to a police state than to a democratic society. Say what you're thinking on the job, and you're liable to lose it. Wear a shirt that says something the boss disagrees with, and you either remove that shirt or you are unemployed. Even that final refuge of free speech, the bumper sticker, can get workers in trouble if the wrong one shows up in the company parking lot. That loss of will and of freedom has in no small way contributed to the loss of jobs and the decline in living standards of American workers.

It's time for all of us to put a stop to this creeping usurpation of our liberties.

The anxious woman who asked her question came up to me after the meeting and said proudly that she would not be afraid, and would start signing on to protest letter-writing and emailing campaigns.

We need lots more like her.

Friday, May 02, 2008

Eric Pepin's & HBI's Assault on Free Speech - An Update

Web Site Defendant Moves to Dismiss Defamation Suit Under Anti-SLAPP Statute

QFG and SOTT.net defend Internet First Amendment rights.
SOTT.net - May 02, 2008


(PRNewsChannel) / Portland, Oregon - Quantum Future Group, Inc. ("QFG"), the only defendant that has been served in an Internet defamation suit brought by New-Age guru Eric Pepin's sales company, has forcefully challenged the merits of the case and has asked an Oregon federal judge for a dismissal and attorneys fees.

The case concerns postings on a forum hosted by SOTT.net (Signs of the Times), an Internet site devoted to news and analysis in various fields, including analyzing and exposing cults. Citing Oregon's anti-SLAPP ("Strategic Lawsuits Against Public Participation") statute, QFG contends that the statements about Pepin and his company, Higher Balance Institute, LLC ("HBI") are constitutionally protected. Because HBI cannot show that it probably will prevail, QFG argues, the case must be dismissed before QFG or the other defendants must spend large amounts to defend themselves.

"Without exception," the motion states, "the statements are all constitutionally protected expressions of opinion rather than verifiable assertions of fact. HBI cannot meet its burden to prove, by clear and convincing evidence, that the statements are false, let alone that Defendants knew that they were false or had serious doubts as to their truth."

The statements cited in QFG's complaint question Pepin's meditation techniques and comment on Pepin's 2007 trial on multiple sexual charges involving a 17-year-old male acolyte. The statements at issue include a November 7, 2007 comment that "It's really starting to look like this Eric Pepin and his Higher Balance Institute may be merely COINTELPRO and a front for pedophilia" and a November 4, 2007 comment by an anonymous poster that something "fishy" was going on at HBI.

QFG's motions state that the forum posts are opinion based on stated facts published on a mainstream news source and are constitutionally protected. The motion also argues that the operator of an Internet forum cannot be liable for the posts of third parties under the Communications Decency Act of 1996 ("CDA") and questions Oregon's jurisdiction over QFG, a California non-profit corporation whose primary place of business is in France.

"These are exactly the sort of statements that the First Amendment and recent statutes protect as free speech," said QFG attorney Stephen Kaus, who prepared the papers with his colleagues Walter Hansell and Merrit Jones. "People are entitled to believe in gurus such as Pepin and buy their books and courses for hundreds of dollars or more, but people are also entitled to point out their view that the techniques of telepathy and development of a sixth eye promoted by Pepin are nonsense."

Much of the dispute concerns Pepin's trial on charges of sexual misconduct with a minor. Pepin was acquitted in a court trial because the judge did not feel the charges had been proven beyond a reasonable doubt. According to the article in the Oregonian, Washington County Circuit Court Judge Steven L. Price stated that it was, " 'probable that the conduct alleged in all counts occurred,' but he wasn't convinced beyond a reasonable doubt" and "called the leader of a metaphysical Internet sales company manipulative and controlling and his testimony unbelievable, even as he acquitted him today of charges that he had sex with an underage boy."

SOTT.NET posters point out that being found "not guilty beyond a reasonable doubt" is not the same thing as being found "innocent of all charges."

The sexual charges aside, the SOTT.NET forum topic on Pepin and HBI has been the site of a lively debate on whether he is an exploiter, ever since a visitor posted an inquiry about them in 2006. Several Pepin devotees have posted fervent praise, while others have denounced him as a power-lusting cult leader who takes advantage of gullible followers.

SOTT.NET contends that it is the public's right to examine the claims of any company selling a product or service to the public and to form their own opinion as to whether it is "snake-oil" sold by con-artists or not and that those opinions may be made public for the safety of consumers.

In a previous press release, atty Walter Hansell noted: "HBI's lawsuit is a frontal assault on free speech, and on the free global flow of information and opinion on the Internet. It is a blunt force attack on the discussion of sincere opinions among people sharing common interests."

See: http://www.prnewschannel.com/absolutenm/templates/?a=423&z=4

Following the filing of the motions to dismiss on April 25th, Walter Hansell of Cooper, White & Cooper said: "The intent of this suit by HBI is to stifle free speech, but luckily the anti SLAPP statute allows us to nip the matter in the bud before the cost is out of hand."

About Signs of The Times:
SOTT.net is an independent alternative news and analysis outlet that seeks to shine a spotlight on significant events and trends that affect the entire world. SOTT.net helps bring clarity out of a sea of media spin. The site is funded entirely by donations from individuals and groups that seek to support its work. For more information visit
http://www.sott.net

About Quantum Future Group:
Quantum Future Group (QFG) supports activities that bring together people to engage in and to promote the study of scientific ideas and research in all scientific and socio-cultural fields that further the deepest understanding of our world and our place within it without regard to nationality or ethnicity. QFG seeks to increase the understanding of humankind by humankind, as a whole, by sponsoring research into all the parts to see how they fit together. QFG supports documented research that is made freely and widely available to all humanity. For more information visit:http://quantumfuturegroup.org

About Cooper, White & Cooper LLP:
Cooper, White & Cooper LLP, based in San Francisco, is longtime defender of free speech and communications. For more information visit
http://www.cwclaw.com/

Contact: Joseph Quinn
Email: :
sott@sott.net
Phone: : +33 563 048231
Web site:
www.sott.net
To view this press release online

This press release was issued by PRNewsChannel.com. For more information, please visit http://www.prnewschannel.com.

Source Web Site: SOTT.net

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