Posts Tagged ‘free speech’

Via NRA-ILA

It’s happening again— President Obama is using his imperial pen and telephone to curb your rights and bypass Congress through executive action.

Even as news reports have been highlighting the gun control provisions of the Administration’s “Unified Agenda” of regulatory objectives (see accompanying story), the Obama State Department has been quietly moving ahead with a proposal that could censor online speech related to firearms. This latest regulatory assault, published in the June 3 issue of the Federal Register, is as much an affront to the First Amendment as it is to the Second. Your action is urgently needed to ensure that online blogs, videos, and web forums devoted to the technical aspects of firearms and ammunition do not become subject to prior review by State Department bureaucrats before they can be published.

To understand the proposal and why it’s so serious, some background information is necessary.

For the past several years, the Administration has been pursuing a large-scale overhaul of the International Traffic in Arms Regulations (ITAR), which implement the federal Arms Export Control Act (AECA). The Act regulates the movement of so-called “defense articles” and “defense services” in and out of the United States. These articles and services are enumerated in a multi-part “U.S. Munitions List,” which covers everything from firearms and ammunition (and related accessories) to strategic bombers. The transnational movement of any defense article or service on the Munitions List presumptively requires a license from the State Department. Producers of such articles and services, moreover, must register with the U.S. Government and pay a hefty fee for doing so.

Also regulated under ITAR are so-called “technical data” about defense articles. These include, among other things, “detailed design, development, production or manufacturing information” about firearms or ammunition. Specific examples of technical data are blueprints, drawings, photographs, plans, instructions or documentation.

In their current form, the ITAR do not (as a rule) regulate technical data that are in what the regulations call the “public domain.” Essentially, this means data “which is published and which is generally accessible or available to the public” through a variety of specified means. These include “at libraries open to the public or from which the public can obtain documents.” Many have read this provision to include material that is posted on publicly available websites, since most public libraries these days make Internet access available to their patrons.

The ITAR, however, were originally promulgated in the days before the Internet. Some State Department officials now insist that anything published online in a generally-accessible location has essentially been “exported,” as it would be accessible to foreign nationals both in the U.S. and overseas.

With the new proposal published on June 3, the State Department claims to be “clarifying” the rules concerning “technical data” posted online or otherwise “released” into the “public domain.” To the contrary, however, the proposal would institute a massive new prior restraint on free speech. This is because all such releases would require the “authorization” of the government before they occurred. The cumbersome and time-consuming process of obtaining such authorizations, moreover, would make online communication about certain technical aspects of firearms and ammunition essentially impossible.

Penalties for violations are severe and for each violation could include up to 20 years in prison and a fine of up to $1 million. Civil penalties can also be assessed. Each unauthorized “export,” including to subsequent countries or foreign nationals, is also treated as a separate violation.

Gunsmiths, manufacturers, reloaders, and do-it-yourselfers could all find themselves muzzled under the rule and unable to distribute or obtain the information they rely on to conduct these activities. Prior restraints of the sort contemplated by this regulation are among the most disfavored regulations of speech under First Amendment case law.

But then, when did the U.S. Constitution ever deter Barack Obama from using whatever means are at his disposal to exert his will over the American people and suppress firearm ownership throughout the nation?

Time is of the essence! Public comment will be accepted on the proposed gag order until August 3, 2015. Comments may be submitted online at regulations.gov or via e-mail at DDTCPublicComments@state.gov with the subject line, ‘‘ITAR Amendment—Revisions to Definitions; Data Transmission and Storage.”

Big Brother Is Watching - Public Domain

The control freaks that run our government always seem to want to “regulate” things that they do not like.  And so it should be no surprise that there is a renewed push to regulate independent news websites.  Sites like the Drudge Report, Infowars.com and The Economic Collapse Blog have been a thorn in the side of the establishment for years.  You see, the truth is that approximately 90 percent of all news and entertainment in this country is controlled by just six giant media corporations.  That is why the news seems to be so similar no matter where you turn.  But in recent years the alternative media has exploded in popularity.  People are hungry for the truth, and an increasing number of Americans are waking up to the fact that they are not getting the truth from the corporate-controlled media.  But as the alternative media has grown, it was only going to be a matter of time before the establishment started cracking down on it.  At the moment it is just the FEC and the FCC, but surely this is just the beginning.  Our “Big Brother” government ultimately wants to control every area of our lives – and this especially applies to our ability to communicate freely with one another.

The Federal Election Commission is an example of a federal rule making body that has gotten wildly out of control.  Since just about anything that anyone says or does could potentially “influence an election”, it is not difficult for them to come up with excuses to regulate things that they do not like.

And on Wednesday, the FEC held a hearing on whether or not they should regulate political speech on blogs, websites and YouTube videos…

The Federal Election Commission (FEC) is holding a hearing today to receive public feedback on whether it should create new rules regulating political speech, including political speech on the Internet that one commissioner warned could affect blogs, YouTube videos and even websites like the Drudge Report.

If you do not think that this could ever happen, you should consider what almost happened at the FEC last October

In October, then FEC Vice Chairwoman Ann M. Ravel promised that she would renew a push to regulate online political speech following a deadlocked commission vote that would have subjected political videos and blog posts to the reporting and disclosure requirements placed on political advertisers who broadcast on television. On Wednesday, she will begin to make good on that promise.

“Some of my colleagues seem to believe that the same political message that would require disclosure if run on television should be categorically exempt from the same requirements when placed in the Internet alone,” Ravel said in an October statement. “As a matter of policy, this simply does not make sense.”

“In the past, the Commission has specifically exempted certain types of Internet communications from campaign finance regulations,” she lamented. “In doing so, the Commission turned a blind eye to the Internet’s growing force in the political arena.”

As our nation continues to drift toward totalitarianism, it is only a matter of time before political speech on the Internet is regulated.  It is already happening in other countries all around the globe, and control freak politicians such as Ravel will just keep pushing until they get what they want.

The way that they are spinning it this time around is that they desperately need to do something “about money in politics”

Noting the 32,000 public comments that came into the FEC in advance of the hearing, Democratic Commissioner Ellen L. Weintraub said, “75 percent thought that we need to do more about money in politics, particularly in the area of disclosure. And I think that’s something that we can’t ignore.”

And it isn’t just a few control freak Democrats that want these changes.

The Brennan Center for Justice, the Campaign Legal Center, the League of Women Voters and Public Citizen were all expected to testify in favor of more government regulation on the Internet at the hearing.

Fortunately, other organizations are doing what they can to warn the general population.  For example, the following comes from the Electronic Frontier Foundation

Increased regulation of online speech is not only likely to chill participation in the public debate, but it may also threaten individual speakers’ privacy and right to post anonymously.  In so doing, it may undermine two goals of campaign finance reform: protecting freedom of political speech and expanding political participation.

As we stated in our joint comments to the FEC back in 2005 [pdf], “the Internet provides a counter-balance to the undue dominance that ‘big money’ has increasingly wielded over the political process in the past half-century.” We believe that heightened regulation of online political speech will hamper the Internet’s ability to level the playing field.

Meanwhile, Barack Obama and the FCC are using net neutrality as an excuse to impose lots of new regulations on Internet activity.

Ajit Pai is an FCC commissioner who is opposed to this plan.  He recently sent out a tweet holding what he calls “President Obama’s 332-page plan to regulate the Internet“…

President Obama's 332-page plan to regulate the InternetRead more @ http://theeconomiccollapseblog.com/archives/feds-hold-hearing-whether-regulate-sites-like-drudge-infowars-economic-collapse-blog

Facets of federal government have isolated themselves from the public they serve. They covet and withhold public information that we, as citizens, own. They bully and threaten access of journalists who do their jobs, news organizations that publish stories they don’t like and whistleblowers who dare to tell the truth.

When I reported on factual contradictions in the administration’s accounts regarding Fast and Furious, pushback included a frenzied campaign with White House officials trying to chill the reporting by calling and emailing my superiors and colleagues, and using surrogate bloggers to advance false claims. One White House official got so mad, he angrily cussed me out.

The Justice Department used its authority over building security to handpick reporters allowed to attend a Fast and Furious briefing, refusing to clear me into the public Justice Department building.

Advocates had to file a lawsuit to obtain public information about Fast and Furious improperly withheld under executive privilege. Documents recently released show emails in which taxpayer paid White House and Justice Department press officials complained that I was “out of control,” and vowed to call my bosses to try to stop my reporting.

Let me emphasize that my reporting was factually indisputable. Government officials weren’t angry because I was doing my job poorly. They were panicked because I was doing my job well.

Many journalists have provided their own accounts.

The White House made good on its threat to punish C-SPAN afterC-SPAN dared to defy a White House demand to delay airing a potentially embarrassing interview with the President.

Fifty news organizations, including CBS and the Washington Post wrote the White House objecting to unprecedented restrictions on the press that raise constitutional concerns.

A New York Times photographer likened White House practices to the Soviet news agency Tass.

Former Washington Post executive editor Len Downie called the Obama War on Leaks “by far the most aggressive” he’s seen since Nixon.

David Sanger of the New York Times called this “the most closed, control freak administration” he’s ever covered.

New York Times public editor Margaret Sullivan said it’s “the administration of unprecedented secrecy and unprecedented attacks on a free press.”

ABC News correspondent Ann Compton calledObama “the least transparent of the seven presidents” she’s covered.

Months before we knew the Justice Department had secretly seized AP phone records and surveilled FOX News’ James Rosen, before Director of National Intelligence James Clapper incorrectly testified under oath that Americans weren’t subject to mass data collection… I was tipped off that the government was likely secretly monitoring me due to my reporting.

http://sharylattkisson.com/attkissons-free-press-statement-to-senate-judiciary-committee/