PRUDEN: The First Amendment under 'progressive' siege

by Wesley Pruden
May 14,2010

Elena Kagan, the nominee for solicitor general
The Washington Times


ANALYSIS/OPINION:



Once upon a time we could count on lawyers and law school professors to defend the First Amendment, the most important 46 words in the Constitution. Those 46 words make everything else possible. Shut up the people and the government can shut down every other freedom.

The genius of the Founding Fathers was their ability to write the Constitution in the plain English that everybody could understand. Lawyers, who can employ entire boring paragraphs to say "good morning" (many young women have dozed off while their lawyer swains were on their knees with a proposal of marriage) would inflict damage later.

A good lawyer, or even a bad one, can put loopholes in any proposal. To wit, Elena Kagans explanation of the First Amendment. It's perfectly OK, she wrote in the University of Chicago Law Review, for the government to restrict free speech as long as it means well and calls it something else. The word "restrictions" sounds bad, like a leather restraint, but Mzz Kagan's "redistribution of speech" can sound benign, like free cheese. Who doesn't like cheese? She argued that the government can employ Orwellian restrictions on speech if it thinks such speech might "harm" others, either by direct action or inciting someone else to take direct action. Who gets to decide when such restrictions are imposed for the greater good? Why, the government, of course.

Here's how the Founding Fathers, ever suspicious of ambitious Lilliputians, wrote the guarantee of free speech: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances." Note that the First Amendment does not say that Congress "should" make no law abridging the freedom of speech, or that it would be nice if it didn't. The operative words are "shall make no law."

The Constitution has "evolved" since then, of course, and now the liberal left, led by the Warren Court and its bastard progeny, has discovered all manner of "emanations" and "penumbra," like an embedded Da Vinci code, that the Constitution doesn't really mean what the words say it means. What part of "shall" can Mzz Kagan not understand?

She does not identify, exactly, what speech the government could regard as inflicting such "harm" as to justify suspending the Constitution, but she offers as examples incitement to violence, "hate speech" and "fighting words." Since certain friends of the White House have suggested that "tea party" activists may have already been guilty of sedition, we can imagine what some of the violations might one day be.

President Obama's selection of Mzz Kagan is of a piece with what is emerging as his operating philosophy of government. The president's thin skin, his irritation with constructive criticism, is well known, and we can all be sympathetic. Who among us relishes criticism? But he's not content to retire to the cosseting comfort of the Oval Office to sulk. He complained to the Class of '10 at Hampton University the other day that Internet blogs, certain cable television networks and talk radio make life tough and inconvenient at the White House. Mzz Kagan's "redistribution of speech" could fix this.

Elena Kagan has no large body of work that makes it easy to see what kind of justice she might be. This is the most important reason the president selected her. The White House is trying to keep her away from even the most polite questions until she has to face softballs from sympathetic senators. He expects quick partisan confirmation. So he can't object to the despised pundits, bloggers, cable-TV commentators and radio talk-show hosts and guests speculating from whatever meager hints and clues they find in her past. Mr. Obama himself is the model for these speculators.

He was frustrated by the lack of a paper trail for Harriet Miers, the White House lawyer for George W. Bush and a Supreme Court nominee whom Elena Kagan, with her abundant inexperience, resembles in many ways. Mr. Obama, then a very junior U.S. senator, called Mzz Miers "a blank slate" and said that "in the absence of a judicial record" she would have to be more forthcoming, and the White House would have to be more forthcoming, in answering fundamental questions about who she really was. Mr. Bush, properly chastened by the uproar over the Miers nomination, much of it led by conservatives, summoned the grace to withdraw the nomination.



• Wesley Pruden is editor emeritus of The Washington Times.

Firefighters, Architects, & Engineers team up to expose 9/11 Myths


http://www.ustream.tv/recorded/6786531
(Click on arrow at the bottom left of the screen to stay on current page)



Editor's Note: This event has already occured on May 8,2010, but I decided to post it for those who missed the program

9/11 Myths Exposed: Firefighters, Architects and Engineers Re–investigate the Destruction of the Three World Trade Center Skyscrapers


On September 11th, 2001 the greatest destruction and loss of life associated with the terrorist attacks took place in New York City. After almost nine years and numerous government investigations, many public misconceptions persist about the events of that tragic day, especially regarding the unprecedented destruction of the World Trade Center in Lower Manhattan.

During this live multimedia presentation Seattle firefighter Erik Lawyer and SF Bay Area architect Richard Gage, AIA, will examine the myths surrounding the events at the World Trade Center. Using well–documented forensic evidence, news footage and eyewitness accounts, they seek to correct the public record. Some of the myths they will address:

• Only two towers collapsed that day

• Jet fuel fires melted the structural steel

• The fires were hot enough to weaken the structural steel

• The floors of each building collapsed like “pancakes”

• The government investigations were thorough, complete and followed standard fire investigation procedures

• The government investigators tested for evidence of exotic accelerants and/or explosives

• The third building to collapse completely, WTC 7, suffered significant structural damage from the collapse of the Twin Towers

The presentation will provide a factual rebuttal of these and other myths regarding the destruction of the World Trade Center.

Erik Lawyer is a 14–year veteran of the Seattle Fire Department and the founder of Firefighters for 9/11 Truth, an organization with over 100 firefighters calling for a new investigation into the destruction of the WTC buildings.

Richard Gage, AIA, has practiced architecture for over 20 years and is the founder of Architects & Engineers for 9/11 Truth, an organization with over 1,000 architects and engineers calling for a new 9/11 WTC investigation.

Tom Sullivan — former employee of Controlled Demlition, Inc

Laila Selk — retired firefighter

Jason Abney — retired firefighter

Kamal Obeid, S.E. — structural engineer

Ron Brookman, S.E. — structural engineer

Michele Little — 9/11 victim family member

Peter B. Collins — talk show host

Source: http://cms.ae911truth.org/




CBO Says Obamacare May Exceed $1 Trillion

NewsMax.com
Wednesday, 12 May 2010 07:28 AM


President Obama's new health-care law could potentially add at least $115 billion more to government health care spending over the next 10 years, if Congress approves all the additional spending called for in the legislation, congressional budget referees said Tuesday.

That would push the 10-year cost of the overhaul above $1 trillion -- an unofficial limit the Obama administration set early on.

Read the entire article



Eric Holder Pushes for Modification of Miranda Rights

SIC SEMPER TYRANNIS!!!
Mark Matheny

If Eric Holder gets his way, you will still have "the right to remain silent" - but only after police question you.




 Attorney General Eric Holder appeared May 9,2010 on ABC's "This Week" saying that the Obama administration is open to the idea of a modification of Miranda protections in light of growing "threats we now face"


 
"The [Miranda] system we have in place has proven to be effective...I think we also want to look and determine whether we have the necessary flexibility -- whether we have a system that deals with situations that agents now confront. ... We're now dealing with international terrorism. ... I think we have to give serious consideration to at least modifying that public-safety exception [to the Miranda protections]. And that's one of the things that I think we're going to be reaching out to Congress, to come up with a proposal that is both constitutional, but that is also relevant to our times and the threats that we now face." [1]

The Supreme Court did not specify the exact wording to use when informing a suspect of their rights. However, the Court did create a set of guidelines that must be followed. The ruling states:


“ ...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him. ” (emphasis added) [2]

As a result, American English developed the verb Mirandize, meaning "to read the Miranda warning" to a suspect (when the suspect is arrested). [3]




 

The whole guise behind this abrogation of our right to remain silent, being pushed by Holder and our administration, is a possible threat that a suspect "might" have information that he will not want to divulge once he is told he or she has the right to remain silent. The argument to give non citizens the same Miranda rights as Americans is for the sole purpose of  categorizing "homegrown" and  foreign terrorists under miranda rights so they can then amend the Miranda right and interrogate foreign and homegrown terrorists before they are given their miranda rights. This would then include every American since we all have the same Miranda rights as the "terrorists" would have!

This is a further attack on our constitution and individual rights. Look at it from a ProblemReaction - Solution way:
  1. Capture enemy prisoners of war and torture them by waterboarding, sleep deprivation etc.
  2. Allow the public to find out about these "atrocities" through the media in order to bring outrage. 
  3. Suggest that these "foreign enemy combatants" be allowed to have miranda rights under the protection of the United States, and be tried in Civilian courts like all Americans.
  4. Now start to report through the media how "homegrown terrorists" are becoming a threat to the security of the U.S. (Now Foreign terrorists and homegrown terrorists all fall under "Miranda" rights)
  5. Then suggest that the Miranda rights need to be amended so that Law Enforcement can "question-interrogate" as needed anyone who falls under the perameters of recieving miranda rights, before they recieve their "right to remain silent" and the information recieved can still be used then in a court of law against the suspect!
This is unbelieveable! Do you see the the spin they are trying to put on the American people? If we let them amend this right, anyone of us could be interrogated before recieving our "right to remain silent"!

What would be the point of having "a right to remain silent" if you have no right to remain silent - until after they interrogate you?

1 http://abcnews.go.com/ThisWeek/video/interview-eric-holder-10596851
2 http://en.wikipedia.org/wiki/Miranda_warning
.Mirandize". The American Heritage Dictionary of the English Language. Houghton Mifflin Company.

Bankers Destroy Global Economy by Design to Consolidate Power

New transfers of wealth from middle class go directly to French and German banks


Paul Joseph Watson

Prison Planet.com
Monday, May 10, 2010

American taxpayers have been freshly liberated of hundreds of billions more dollars as part of the IMF’s new bailout package which is principally going straight to European banks, in addition to the Federal Reserve program to ship U.S. dollars to Europe, in a move that represents little more than a desperate effort to save the Euro and rescue the credibility of economic global governance.

“The Federal Reserve late Sunday opened a program to ship U.S. dollars to Europe in a move to head off a broader financial crisis on the continent,” reports the Associated Press.

“The Fed’s action reopens a program put in place during the 2008 global financial crisis under which dollars are shipped overseas through the foreign central banks. In turn, these central banks can lend the dollars out to banks in their home countries that are in need of dollar funding to prevent the European crisis from spreading further.”


Read the entire story

How Washington Failed America

SIC SEMPER TYRANNIS!!!
Mark Matheny

Dylan Ratigan talks to William Isaac, former Chairman of the FDIC on May 10, 2010 in regard to the failure of Washington and its Bureaucrats to see the financial crisis as it was developing.

Isn't it funny that the failures always take place first, and then they come out so knowledgeable on the reasons for the failure! What they won't tell you however, is that the Globalists see these same failures as stepping stones toward the dissolution of Nation-States, and the emergence of world government.



This broadcast in Statist "Double Speak" would instead be titled "How Washington is Helping to Establish A New World Order From The Ashes of Chaos"

They expect us to believe they are ignorant on the one hand when it comes to the collapse, and yet smart enough on the other hand to bring us out of the mess they were too stupid to see coming!

If you still trust the government, then I have some Prime swampland in Florida to sell you at a cheap price!

Sincerely, Mark Matheny.




Food Crisis 2010 and US Dollar Impact

SIC SEMPER TYRANNIS!!!
Mark Matheny


There has been lots of talk about a coming food crisis due to the massive looting of the nations under the cover of an "economic crisis". Recently, a report published by The Trumpet has shown food prices spinning out of control.

In the article it shows some of the most startling year-over-year price increases in the U.S. markets:

* Fresh and dry vegetables up 56.1%


* Fresh fruits and melons up 28.8%

* Eggs for fresh use up 33.6%

* Beef and veal up 10.7%

* Dairy products up 9.7%

As the effects of inflation starts to reveal itself in higher prices, many grocery retail stores will be forced to raise their prices to continue to make a profit. Many retail businesses are now feeling the pain as sales suffer. I work in the retail business and can say with certainty that the effects of unemployment, bailouts, fraud, and the Fed's printing press are finally taking a toll on the fiat currencies of the world, weakening the U.S. currency along with the Euro.

We can expect to see rising food prices, and according to some experts, coming food shortages in the possible near future.

Watch the following video, and read the article below it carefully. My opinion is that these events (economic turmoil, terrorist threats, rising food prices, rising unemployment,etc.) are going to push many of the countries of the world ( at the behest of elitists in positions of power who desire global government) to advocate consolidation of power into the control of the United Nations, IMF, the World Bank, and their affiliating institutions who have been behind the scenes pushing for a "New World Order". When and how this will unfold is yet to be seen, nevertheless, I believe once the other nations start to default as Greece has, there will bring with it the right circumstances, or "crisis"- if you will - and the nations "will accept the New World Order" as David Rockefeller once said.

"Never let a serious crisis go to waste"..."..What I mean by that is it's an opportunity to do things you couldn't do before."

-Rahm Emanuel

"This present window of opportunity during which a truly peaceful and interdependent world order might be built, will not be open for too long - We are on the verge of a global transformation. All we need is the right major crisis and the nations will accept the New World Order."
-David Rockefeller


Source: You Tube

Editor's Note: The following Article was originally published on Thursday, December 17, 2009:


*****2010 Food Crisis for Dummies*****

Source content of the video above is from MarketSceptics.com








Bank Funding Crunch Deepens as Swap Rates Soar: Credit Markets

By Shannon D. Harrington and Abigail Moses
Bloomberg.com
May 10 (Bloomberg) -- Europe’s government debt crisis is starting to infect the bank funding system, driving borrowing costs higher from Asia to the U.S. and threatening to slow the global economic recovery.


The interest rate financial companies charge each other for three-month loans in dollars rose to the highest since August, while traders are paying record amounts to hedge against losses in European bank bonds. Yields on corporate debt rose last week by the most relative to government securities since Lehman Brothers Holdings Inc.’s bankruptcy in September 2008, according to Bank of America Merrill Lynch indexes.

European Union policy makers unveiled an unprecedented loan package today worth almost $1 trillion. A statement from the region’s finance ministers highlighted “a risk of contagion which we needed to address.” The European Central Bank will intervene in secondary markets for securities, EU Economic and Monetary Affairs Commissioner Olli Rehn said in Brussels after a 14-hour emergency meeting.

Read the entire story

UN's Ban pushes for activating nuclear test ban treaty, asks, 'How long must we wait?'


UNITED NATIONS (AP) — An impatient U.N. Secretary-General Ban Ki-moon is pushing to set a deadline for activating the treaty banning all nuclear tests, stepping up pressure in a campaign to win over holdouts, including the U.S. Senate.


"The bottom line is this: It has been 15 years since the treaty was opened for signature. How long must we wait?" Ban asked delegates at the opening of a pivotal, monthlong conference on nuclear nonproliferation.

The U.S. Senate in 1999 rejected the "CTBT," the Comprehensive Test-Ban Treaty, but President Barack Obama plans to resubmit the pact for ratification. Some Republicans are again mustering opposition, but Democrats are hopeful of approval next year.

Ban also said it's time to consider creative ways to get around what may prove to be final die-hard obstacles to the treaty — possibly a resistant North Korea, or India and Pakistan.

Negotiated in the 1990s, the treaty specified 44 nuclear-capable states — from Algeria to Vietnam — that must give full approval before it can take effect.


Read the entire story

Sen. Bennett ousted at Utah GOP convention

Becomes the first incumbent to lose his seat in Washington this year

Sen. Bob Bennett, R-Utah, becomes emotional while thanking his volunteers and family after being rejected by delegates at the 2010 Utah GOP Convention on Saturday in Salt Lake City.


By BROCK VERGAKIS



APNews
updated 8:34 p.m. CT, Sat., May 8, 2010

SALT LAKE CITY - Republican Sen. Bob Bennett was rejected Saturday by delegates at the Utah GOP convention in a stunning defeat for a once-popular three-term incumbent who fell victim to a growing conservative movement nationwide.



Bennett's failure to make it into Utah's GOP primary — let alone win his party's nomination — makes him the first congressional incumbent to be ousted this year and demonstrates the difficult challenges candidates are facing from the right in 2010.



"The political atmosphere obviously has been toxic and it's very clear that some of the votes that I have cast have added to the toxic environment," an emotional Bennett told reporters, choking back tears.

Read the entire story

Greek woes ripple outward, from Asia to U.S.

By Nelson D. Schwartz and Eric Dash

New York Times


updated 3:03 a.m. CT, Sun., May 9, 2010

The fear that began in Athens, raced through Europe and finally shook the stock market in the United States is now affecting the broader global economy, from the ability of Asian corporations to raise money to the outlook for money-market funds where American savers park their cash.



What was once a local worry about the debt burden of one of Europe’s smallest economies has quickly gone global. Already, jittery investors have forced Brazil to scale back bond sales as interest rates soared and caused currencies in Asia like the Korean won to weaken. Ten companies around the world that had planned to issue stock delayed their offerings, the most in a single week since October 2008.

Read the entire story