Showing posts with label Unconstitutional. Show all posts
Showing posts with label Unconstitutional. Show all posts

Friday, October 9, 2015

Free Speech Watch: Prior Restraint Makes a Comeback as US Courts Seek to Squelch Dissent


04.10.2015 Author: Janet Phelan
 
 
13137865
Barbara Stone was only able to get out of jail when she agreed to stop blogging. Patty Reid is on the lam. Cary-Andrew Crittenden may be facing further jail time for his efforts to inform others about problems in the Santa Clara County legal system. And Ginny Johnson is under a gag order which nearly eventuated in a close encounter with a jail cell.

All these individuals are experiencing, up close and personal, the limits of free speech when that speech inconveniences someone more powerful than they. Twenty, thirty years ago none of these individuals would have faced the grave legal problems they now confront. But thirty years ago, the legal system in the US was not yet in free fall.

The devolution of the US legal system is evidenced in the existence of a dual legal system, wherein there abides two parallel—and often contradictory—systems of law. One system is the written code—the Constitutional and statutory mandates. The other system is what a judge does in his courtroom. And increasingly, judges are acting like monarchs, unaccountable to anyone.

This is well expressed when First Amendment (freedom of speech) issues collide with governmental imperatives.  Prior restraint, that is the imposition of gags or inhibitions on speech not yet spoken, is illegal in the US, according to the written code. Increasingly, however, judges are issuing orders which amount to prior restraint when an individual’s speech becomes politically inconvenient.
A previous article discussed the plight of Barbara Stone, whose mother is under a guardianship in Dade County, Florida. Upon visiting her mother in the home in which the guardian had placed Helen Stone, Barbara was shocked to find her mother emaciated and on a feeding tube. Barbara then allegedly took her mother to lunch.

She was subsequently arrested and charged with “custody interference,” and up until recently was confined to house arrest, an electronic tracking bracelet ensuring her compliance.
The problem was that Barbara would not shut up. She filed a number of lawsuits against guardianship court Judge Michael Genden and also against guardian Jacqueline Hertz and her attorney, Roy Lustig, as well as criminal court judge Victoria Brennan and Governor Rick Scott. She also launched a blog with the purpose of exposing the parties involved in what she termed the continuing abuse of her mother. Tiring of her complaints, Judge Genden charged her with criminal contempt for failing to show up at a court hearing and Barbara went into lock-up.

This past week, Stone, who is licensed to practice law in the state of New York, secured her release from jail at a significant price. She has agreed to stop blogging and also, significantly, to not file further papers in her mother’s case without a lawyer. In other words, the price of her freedom was prior restraint.


Read More Here

Monday, May 19, 2014

Passed in Missouri and to the Voters: Bill to Protect Electronic Communications and Data

A parody of the National Security Administration's logo, created by EFF designer Hugh D'Andrade to help publicize EFF's case against NSA illegal spying, 1st Unitarian v. NSA: https://www.eff.org/node/75009
Wikimedia.org
.....

Tenth Amendment Center




Enhanced by Zemanta

Monday, April 14, 2014

Bundy Ranch may have been targeted because a Chinese solar company (ENN Energy Group) with ties to Sen. Harry Reid's son wants the land for an energy plant,

Reports: Company Tied to Reid's Son Wants Land in Bundy Standoff

Image: Reports: Company Tied to Reid's Son Wants Land in Bundy Standoff
Rory Reid
Sunday, 13 Apr 2014 08:48 PM
The Nevada rancher who forced the federal Bureau of Land Management to back down last week may have been targeted because a Chinese solar company with ties to Sen. Harry Reid's son wants the land for an energy plant, several websites report.
A report on Godfatherpolitics.com,  says Chinese energy giant ENN Energy Group wants to use federal land as part of its effort to build a $5 billion solar farm and panel-building plant in the southern Nevada desert. Rory Reid, the son of Senate Majority Leader Harry Reid, is representing ENN in their efforts to locate in Nevada.
Part of the land ENN wants to use was purchased from Clark County at well below appraised value. Rory Reid is the former Clark County Commission chairman, and he persuaded the commission to sell 9,000 acres of county land to ENN on the promise it would provide jobs for the area, Reuters reported in 2012.
In addition to the county acreage, the federal Bureau of Land Management at one time was looking at BLM property under dispute with cattle rancher Cliven Bundy. The BLM is headed by former Harry Reid senior policy adviser Neil Kornz.
According to BizPac Review, BLM documents indicate that the federal property for which Bundy claims grazing rights were under consideration by a solar energy company. Those documents have since been removed from BLM's website, but BizPac quotes from one of them:
"Non-Governmental Organizations have expressed concern that the regional mitigation strategy for the Dry Lake Solar Energy Zone utilizes Gold Butte as the location for offsite mitigation for impacts from solar development, and that those restoration activities are not durable with the presence of trespass cattle."


.....

Federal Land Grab In Nevada To Benefit Chinese Solar Farm


.....
Enhanced by Zemanta

Thursday, September 19, 2013

One Million Truckers Ride to D.C. In Protest : Truckers To Shut Down America

Truckers To Shut Down America's photo.
Ride For the Constitution
Friday, October 11 at 10:00am in EDT
>Washington, District of Columbia in Washington, District of Columbia
144 people are going



Truckers To Shut Down America

Truckers To Shut Down America

47,015 likes · 18,627 talking about this
  • Community
    The American people are sick and tired of the corruption that is destroying America! We therefore declare a GENERAL STRIKE on the weekend of October 11-13, 2013! Truck drivers will not haul freight! Americans can strike in solidarity with truck drivers!
    About
  • Photos
  • Events
****************************************************************


SHTF Plan - When The Shit Hits the Fan, Don't Say We Didn't Warn You - Preparedness, Planning, News, and Commentary


Convoy to D.C. – Truckers To Shut Down America in October

Mac Slavo
September 17th, 2013
SHTFplan.com
hammerdown
Last year the American Truckers Association prepared a report for Congress highlighting the susceptibility of the nation’s just-in-time delivery system, the majority of which is made possible by the transport and delivery of freight. In the event of a catastrophic disaster such as a war that drives fuel prices through the roof or even a natural disaster such as a solar flare that renders electronic trucks inoperable, there would be a “a swift and devastating impact on the food, healthcare, transportation, waste removal, retail, manufacturing, and financial sectors,” according to the report.
The backbone of commerce in the United States are the truck drivers who spend long hours on the road ensuring our very survival as a modern society.
But with fuel prices continuing to rise, wages dropping, jobs becoming harder to find, and rampant corruption in Washington D.C. furthering the country’s economic death spiral, America’s truck drivers, like the majority of our fellow citizens, are fed up.
Between October 11th and 13th they have called for a general strike, asking truck drivers around the country to refuse to haul freight, a move that could carry with it a significant impact on the American economy.
The protest calls for truckers to make their way to Washington D.C. in a massive convoy in an effort to call attention to, among other things, the Benghazi cover-up, the recent attack which killed 25 members of Seal Team 6, ever rising fuel prices, and claims that President Obama has engaged in treasonous crimes.
Moreover, they’ve requested that the American people join them in solidarity by not shopping or engaging in any economic activity that benefits the government or their corporate interests.
The American people are sick and tired of the corruption that is destroying America! We therefore declare a GENERAL STRIKE on the weekend of October 11-13, 2013! Truck drivers will not haul freight! Americans can strike in solidarity with truck drivers!

Breaker 1 9 calling on all Trucker to shut America down for three days October 11-13. The American people are bleeding out with no relief in sight, It is time to change the NEWS. Let us show our elected officials that we are 100% fed up with corruption and the blatant disregard of the Constitution that they swore to defend.
Bob tail it hammer down to the bull$hit city with flags flying high.

My fellow Patriot this effort is to support the truckers in a major shut down of America ion a 3 day strike October 11th thru 13th.
Obamacare will be in effect and most people will be ready to take action. No commerce on those days stock up on items that you will need. No banking no shopping no money transactions. It does not matter If a million or 50 roll through DC in this effort. Congress will listen to We The People. Which is remove Obama from office for crimes of treason and misdemeanors. We want Congressional hearing on Benghazi and Seal Team 6. Louis Learner put in jail. No amnesty, remove all Muslims in our government that do not uphold the Constitution. Remove Eric Holder from office for crimes against the people and the Constitution. Last but not least is Fuel prices.
Via: The Truckers to Shutdown America Facebook Page
The protest comes on the heels of a massive biker rally held in Washington D.C., and other grass roots efforts to hold the government to account for various Constitutional transgressions including everything from stripping Americans of their right to bear arms, to forced health care mandates soon to be implemented across the country (with exemptions for members of Congress and corporations with insider access, of course).
Calls of accountability have grown louder over the years from all political sides, starting most notably with the Tea Party movement and progressing to Occupy Wall Street.
The corruption and need for real change in America’s government has transcended political lines.
If the hundreds of thousands of truckers across America who keep our delivery systems running efficiently were to join together and stop hauling freight for even a week, the impact would be devastating and could not be ignored.
There’d be no food on the shelves, no fuel at our gas stations, and no medical supplies at our pharmacies and hospitals.
Congress and the President, who would like nothing more than to be perceived as our saviors and benefactors, would have no choice but to address the concerns of freight haulers, because the American people would feel the effects of the protest directly. And, chances are they’d be in the streets protesting themselves because of lack of access to essential goods they can’t live without.
We may often feel as if we, as individuals, have no power against the mighty United States government, but as Karl Denninger points out, we have much more power than we think.
If we get just 10% of America on board the entire game changes.
Especially when the business world — and government — realize that the next one is Black Friday weekend.
Just 10% of Americans can change the course of history, much like they did during the Revolutionary War.
Whether it happens in October, during Black Friday sales this November, or at some point in the future, this seemingly untenable situation is coming to a head.
Robert Kennedy may have said it best:
A revolution is coming — a revolution which will be peaceful if we are wise enough; compassionate if we care enough; successful if we are fortunate enough — But a revolution which is coming whether we will it or not. We can affect its character; we cannot alter its inevitability.
Robert Kennedy
Senate Floor
May 9, 1966
The snowball in America continues to roll down the hill, gaining speed and mass.
Enhanced by Zemanta

Thursday, August 15, 2013

A New Jersey federal district court judge granted motions for a preliminary injunction blocking the enforcement of a dangerous state law that would put online service providers at risk creating liability based on "indirect" publication of content by speech platforms.

Cartoon depicting violation of first amendment rights online
Image Source  :  techfreep.com
******************************************************************************
August 9, 2013

Judge Grants Preliminary Injunction to Protect Free Speech after EFF Challenge

Court Blocks Enforcement of Dangerous New Jersey Law
Newark, NJ - A New Jersey federal district court judge granted motions for a preliminary injunction today, blocking the enforcement of a dangerous state law that would put online service providers at risk by, among other things, creating liability based on "indirect" publication of content by speech platforms.
The Electronic Frontier Foundation (EFF) argued for the injunction in court on behalf of the Internet Archive, as the statute conflicts directly with federal law and threatens service providers who enable third party speech online.
"The Constitution does not permit states to pass overbroad and vague statutes that threaten protected speech. The New Jersey statute created that threat and the court was right to block it," said EFF Senior Staff Attorney Matt Zimmerman. "Similarly, Section 230 of the Communications Decency Act prohibits the state from threatening to throw online providers in jail for what their users do and the statute violated that rule as well. We are grateful that the court recognized the importance of these bedrock principles to online libraries and other platforms that make the Internet the vital and robust tool it is today."
The New Jersey law at issue is an almost carbon-copy of a Washington state law successfully blocked by EFF and the Internet Archive last year. While aimed at combatting online ads for underage sex workers, it instead imposes stiff criminal penalties on ISPs, Internet cafes, and libraries that "indirectly" cause the publication or display of content that might contain even an "implicit" offer of a commercial sex act if the content includes an image of a minor. The penalties – up to 20 years in prison and steep fines – would put enormous pressure on service providers to block access to broad swaths of otherwise protected material in order to avoid the vague threat of prosecution.
"Within the past month, we've seen a coalition of state attorneys general ask Congress to gut CDA 230 to make way for harmful laws like New Jersey's," said Zimmerman. "This misguided proposal puts speech platforms at risk, which in turn threatens online speech itself. Law enforcement can and must pursue criminals vigorously, but attacking the platforms where people exercise their right to free speech is the wrong strategy."
Backpage.com separately filed suit against this law, represented by the law firm of Davis Wright Tremaine, who also joined today's argument.
For more on this case:
https://www.eff.org/cases/internet-archive-v-hoffman
Contact:
Matt Zimmerman
Senior Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
Enhanced by Zemanta

DN - Why Levison closed Lavabit - Calyx's Merrill on NSLs and Silent Circle silenced their secure email service


heyandy889






Published on Aug 14, 2013
21:45 Hear Senator Obama speaking out against a lack of judicial oversight for National Security Letters and the associated gag order.
Source: http://www.democracynow.org/shows/201...
"Owner of Snowden's Email Service on Why He Closed Lavabit Rather Than Comply With Gov't"
"Former Internet Provider Gagged by National Security Letter Recounts How He Was Silenced for 6 Years"

******************************************************************************

Spooked off the Net: Owner of Lavabit email blames US surveillance for closure

Published time: August 15, 2013 17:39
Edited time: August 15, 2013 19:06


AFP Photo / Mike Clarke
AFP Photo / Mike Clarke

“Our government can order us to do things that are morally and ethically wrong, order us to spy on other Americans and then order us — using the threat of imprisonment — to keep it all secret.”
Ladar Levison has more to say about Uncle Sam nowadays than what you can fit in your inbox. The 32-year-old owner and operator behind the email service Lavabit has spent practically a decade putting together a product so highly encrypted and secure that its customers included privacy-minded clientele like human rights workers and NSA leaker Edward Snowden. At least it did up until last week.
Levison never quite made a name for himself over Lavabit, or anything else in the realm of tech for that matter. All of that changed on Thursday, however, when he announced abruptly on Lavabit.com that he had shut down the site without notice, sending around 410,000 customers scrambling to create new accounts elsewhere.
I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit,” he wrote on the website.
And just like that, Levison turned the lights off and walked away from the homegrown business that has been his brainchild since he drafted up an idea for a super-encrypted email provider in the wake of the post-9/11 PATRIOT Act. Nine years ago, Levison launched Lavabit to help keep the government from encroaching on the communications of concerned Americans. Almost a decade down the road, though, Uncle Sam has stepped down on Levison’s throat so hard that now he can’t speak at all.
The statement uploaded by Lavabit owner Ladar Levison on Thursday, August 8
The statement uploaded by Lavabit owner Ladar Levison on Thursday, August 8
Let’s be clear,” Levison told RT’s Andrew Blake in a phone interview this week. “I would love to tell you everything that’s happened to me over the last six weeks. I’m just legally prevented from doing so.”
Levison may have likely violated that rule already, and said he’s gotten into hot water with his lawyer over last week’s public statement. The very predicament he has found himself in is so peculiar, though, that watching his words with that regard is likely the least of his worries.
Although he can’t comment on it — not to confirm, deny or admit anything — Levison is likely involved in what could be the biggest privacy case of a generation. Nowhere has he officially said that he’s entwined in any sort of litigation, but on his Lavabit statement last week he wrote, “We’ve already started preparing the paperwork needed to continue to fight for the Constitution in the Fourth Circuit Court of Appeals.” That sentence, he said, was likely more than he was supposed to admit.
Contrary to popular belief, I am not trying to go to jail,” he told RT. “I’m trying to make a difference, but I’m not trying to do it from behind laws.”
* * * * * * * * * * * * * * * * * *
Levison can’t admit he’s received a gag-order preventing him from discussing why he voluntarily shut down his site, because doing so what admit such a gag-order — and the legal justification behind it — even exists.
What is known, however, is that Levison and anyone with a secure email account is in the midst of what has been called the New Crypto Wars. The Federal Bureau of Investigation and other agencies have insisted that encrypted communications are increasingly keeping them from solving crimes and catching terrorists, and the recent disclosures attributed by Edward Snowden made it clear that Uncle Sam isn’t unopposed to learning more about Americans. In fact, one recently leaked NSA document attributed to Snowden revealed that the federal government has given itself the power to legally intercept and indefinitely hold onto emails solely because they are encrypted. In recent weeks privacy advocates have increasingly made calls for email users to start using encryption to evade surveillance, meanwhile a just unearthed legal brief filed by Google gives the indication that anything ever sent to or from a Gmail account isn’t private.
Ladar Levison (Photo from www.facebook.com/KingLadar)
Ladar Levison (Photo from www.facebook.com/KingLadar)
Those same Snowden disclosures helped spark a domestic, then worldwide debate about online privacy, and Levison said his site saw a huge surge in traffic after a leaked email tied the former NSA contractor to a Lavabit account. After a mysterious six weeks he can only allude to, however, Levison pulled the plug last Thursday and is now insisting everyone reconsider where they go for email.
Levison won’t admit that the government can decrypt even highly secure emails. He doesn’t rule out the possibility that the National Security Agency has developed the technology necessary to do such, though, and has made repeated pleas for American email users to take their accounts of the US.
I think the amount of information that they’re collecting on people that they have no right to collect information on is the most alarming thing,” he told RT. “I mean, the Fourth Amendment is supposed to guarantee that our government will only conduct surveillance on people in which it has a probable suspicion or evidence that they are committing some crime, and that that evidence has been reviewed by a judge and signed off by a judge before that surveillance begins. And if there’s anything alarming, it’s that now that’s all being done after the fact. Everything’s being recorded, and then a judge can after the fact say it’s okay to go look at the information.”


Read More  Here


******************************************************************************

The truth about why Silent Circle silenced their secure email service

DavidGewirtzTV





Published on Aug 13, 2013
David Gewirtz interviews Silent Circle CEO Michael Janke to discover the inside story about why one of the most respected secure communications providers killed their encrypted email service in light of NSA surveillance concerns.

******************************************************************************
Enhanced by Zemanta