To What Extent Can the Government Prosecute Liars?

To what extent can the government prosecute lies? First Amendment Law Professor Eugene Volokh has written an excellent article considering many angles. Here's an excerpt:

Surprisingly, the Supreme Court has never resolved the question. It hasn’t resolved the big-picture question: When can the government punish lies? It hasn’t resolved the medium-size question: Can the government punish lies in election campaigns? And it hasn’t resolved the particular question: Can the government punish lies about the mechanisms of voting, and in particular about how to vote?

[T]he court considered the case of Xavier Alvarez, a local government official in an LA suburb; he had lied about getting the Congressional Medal of Honor, and was prosecuted under the Stolen Valor Act, a statute that bans such lies about military decorations. Unconstitutional, six justices said. There was broad agreement that “Laws restricting false statements about philosophy, religion, history, the social sciences, the arts, and other matters of public concern … would present a grave and unacceptable danger of suppressing truthful speech.” “The point is not that there is no such thing as truth or falsity in these areas or that the truth is always impossible to ascertain, but rather that it is perilous to permit the state to be the arbiter of truth.” (That’s from the dissent, but the concurrence endorsed it, and the plurality’s opinion was even more speech-protective than the others.)

Yet when it came to more specific lies, whether about one’s own medals or something else, there was no majority opinion.

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The Self-Loathing by Media Elites

Matt Taibbi offers a peek into the workings of the brain of a prominent member of the media elite. These people are threatened by the fact that there are some real-life independent journalists who vigorously investigate stories (including stories about the corruption of the media elite) and who zealously follow the facts where they lead. I suspect they are also jealous that these real journalists are doing what these elites only pretend to do and they cannot hide this fraud from their own friends and family. They are jealous to the point of a self-loathing that has bloomed into Nietzschean ressentiment. That's my analysis. Even though I am not a professional psychiatrist, I don't think I'm far off.

See also, Glenn Greenwald's take on who is trying to cancel who, using the most twisted of logic.

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Ryerson University School of Journalism Goes Full Woke

Ryerson University is huge. Almost 50,000 students attend school at the Toronto campus. What's going on in the Ryerson School of Journalism? Former Graduate of the School of Journalism (Master's Degree), Danielle Kubes, would like you to know. Her article in the National Post is titled "Opinion: 'Traumatized' student snowflakes behind Ryerson controversy will never make it as journalists." This is a story that we are hearing more and more from people who love their educational institutions, people who have decided to draw a line in the sand to say "No more!" Here's an excerpt from Kubes' article:

Reading this letter you would think these aspiring journalists attended an orphanage from the Jane Eyre era instead of a modern, urban university. They speak of trauma, a poisoned environment, how unsafe it is and how they have been silenced and belittled.

.   .   .

The irony is, of course, that in their strident attempts to dismantle systemic racism, the students ended up acting more like the oppressors they rail against. They tore down two women in hard-won positions of power. They demand that Ryerson hire teachers and administrators specifically on the basis of sexual orientation and race. They actively discriminate against fellow students with different religious beliefs.

You see, only they get to decide what kind of diversity matters — and they’ve settled on colour, gender and sexual orientation. Diversity of thought and opinion need not apply.

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Corporate Media versus Real Journalists

To those who people who are all comfy with their NPR/NYT news pipeline (or their FOX pipeline), Glenn Greenwald is making a stunning claim. He then presents ample evidence to back up his claim. Corporate journalism is turning into a vast Nanny-state. Letting the factual chips fall where they might is no longer part of its mission. Here's an excerpt from Greenwald's Substack site: "Journalists Start Demanding Substack Censor its Writers: to Bar Critiques of Journalists: This new political battle does not break down along left v. right lines. This is an information war waged by corporate media to silence any competition or dissent":

On Wednesday, I wrote about how corporate journalists, realizing that the public’s increasing contempt for what they do is causing people to turn away in droves, are desperately inventing new tactics to maintain their stranglehold over the dissemination of information and generate captive audiences. That is why journalists have bizarrely transformed from their traditional role as leading free expression defenders into the the most vocal censorship advocates, using their platforms to demand that tech monopolies ban and silence others.

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Peter Boghossian: Portland State Censors Censorship Video. What to Expect Now . . .

Portland State University Professor Peter Boghossian has linked to a video that warns of actions by Portland State University to hide a public PSU video in which outrageous actions of censorship are being proposed by employees of PSU, including professors. Those proposed outrageous actions are described here in writing. Here's an excerpt from this written report:

The resolution then makes a series of sleights of hand, describing the sharing and commentary on the course slides in various dark tones, using words like “intimidation.” For example: “When faculty become active in, or even endorse or tacitly support, public campaigns calling for the intimidation of individual colleagues they disagree with, or with an entire faculty they disagree with, they are undermining academic freedom.” Thus, in a single sentence, the resolution imposes a gag order on criticisms of a university’s professors, programs, teaching, and research - - criticism which is itself the heart of academic freedom -- as an abuse of academic freedom. The resolution then affirms the new description of normal criticism as “bullying” and “cynical abuse” stating: “As Faculty, we must be thoughtful in our exercise of academic freedom and guard against its cynical abuse that can take the form of bullying and intimidation.”

The resolution, in redefining normal debate and criticism, as acts of “intimidation” and “bullying”, falls afoul not just of common sense but of constitutional protections and normal workplace employment law, especially for a public university where faculty governance and academic freedom are core principles subject to state laws. Nor does it contemplate the implications the resolution would have if applied to Woke Studies professors who regularly engage in such “intimidation” of their unWoke colleagues.

The resolution was presented for discussion and approval at a Portland State faculty senate meeting of March 1, 2021. Even by the standards of the contemporary academy, the live- streaming faculty senate “debate” on the resolution was notable in making painfully clear the disappearance of viewpoint diversity on campus and the emergence of a new racial justice activism animating taxpayer-funded universities. The meeting was live-streamed and then uploaded for public viewing on YouTube (the relevant half-hour section is from minutes 34:25 to 1:03:25).

PSU has now taken down the above video, so we can no longer see this public meeting of a public university.

Boghossian ends his Tweet by pointing to yesterday's video created by Aaron Kindsvatter, the most recent college professor to blow the whistle on oppressive Woke policies imposed by an American university (University of Vermont).  It is impossible to overlook the similarity of Kindsvatter's complaints to the complaints of Jodi Shaw, who has been forced out of Smith College due to the hostile work environment Shaw experienced at Smith.

Boghossian ends his Tweet thread with this comment: "Soon there will be dozens of these, then hundreds, then thousands."

I agree. The tide is starting to turn.

Continue ReadingPeter Boghossian: Portland State Censors Censorship Video. What to Expect Now . . .