The Founding Fathers Guaranteed Freedom Of The Press … Even For Bloggers

WashingtonsBlog  May 28 2014

“. . . the Founding Fathers understood that people who stand up to “oppressive” government officials are to be zealously protected … because “shaming” corrupt, powerful people “into more honourable and just modes of conducting affairs” is the only way to preserve liberty, justice and prosperity, and to remain “free and happy”.” ~WashingtonsBlog

Freedom of the Press is Geared Towards Protecting Critics of Government Corruption …Not Government Apologists

StatueOfLibertyInStormyWeatherThe First Amendment to the Constitution provides:

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 the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The powers-that-be argue that freedom of the press only applies to large, well-heeled corporate media. For example, the Nation noted last year:

When the Department of Justice rolled out new policies intended to “strengthen protections for members of the news media” this summer, it wasn’t clear who belonged to the “news media.” Other DOJ documents suggest a narrow application to professional, traditional journalists. (The DOJ did not return a request to clarify the agency’s definition of “news media.”) The Federal Bureau of Investigation’s Domestic Investigations and Operations Guide excludes bloggers from the news media, along with “persons and entities that simply make information available,” like Wikileaks. These policies are guidelines, not directives, but as the Freedom of the Press Foundation points out, they are “part of a broader legislative effort in Washington to simultaneously offer protection for the press while narrowing the scope of who is afforded it.”

Senator Dianne Feinstein argued for an amendment that would have restricted the shield to salaried journalists. “Should this privilege apply to anyone, to a seventeen year-old who drops out of high school, buys a website for five dollars and starts a blog? Or should it apply to journalists, to reporters, who have bona fide credentials?”

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Jonathan Turley ~ Pruning The Fourth Estate: Feinstein Seeks To Limit Who Can Claim To Be A Journalist

JonathanTurley’sBlog  August 13 2013

225px-dianne_feinstein_official_senate_photoI have previously discussed the curiosity of California’s Democratic leaders in Congress leading the fight for massive warrantless surveillance and attacks on privacy. California Senator Dianne Feinstein has long been viewed as hazard to civil liberties from her knowledge of the torture program to consistent support for the expansion of a security state system. Feinstein is now back in that ignoble role this week, fighting to limit the meaning of journalist to prevent bloggers and others from being able to claim protections from surveillance or compelled testimony. Illinois Senator Dick Durbin has joined Feinstein in seeking to define most people out of protections for media.

The irony is the Feinstein wants to add the limiting language to a Media Shield Law that has already been riddled with exceptions and holes by the Obama Administration. Feinstein is again serving as the agent for those who want to expand government powers — in this case under the guise of a bill purportedly limiting such powers.

Feinstein came out last week by insisting that bloggers and Internet writers are not “real reporters” despite the fact that most Americans now get their news from such sites. She wants to limit the term to people who are “a salaried agent” of a media company like the New York Times or ABC News. Thus, students in media graduate programs and bloggers would not qualify. She is concerned that the law could be used by whistleblowers and others to expose unlawful conduct and then claim protections from government investigations or attacks.

She does not of course define what constitutes a salary. Would this include freelancers? I am paid by USA Today per column. Is that a salary? Is a media professor salaried as a journalist when he is paid by his school but writes in a university publication?

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Jonathan Turley ~ Perjury By Permission: Clapper Apologizes For False Testimony And The Congress Remains Silent

Jonathan Turley July 3 2013

Dianne Feinsteinpreviously wrote a column how our country seems to have developed separate rules for the ruling elite and the rest of us. There is no better example than the lack of response of the Senate to the admitted perjury of Director of National Intelligence James Clapper before Congress. While the Justice Department has prosecuted people for the smallest departure from the truth, including testimony before Congress, no one in the Senate is calling for an investigation, let alone a prosecution, of Clapper. For his part, Attorney General Eric Holder is continuing his political approach to enforcing the law and declining to even acknowledge the admitted perjury of Clapper. Now, in a truly bizarre moment, Clapper has written a letter of apology like an errant schoolboy to excuse his commission of a felony crime . . . and it appears to have been accepted. What is curious is that we do not have letters from senators like Dianne Feinstein apologizing to doing nothing when they were all aware that Clapper was lying in his public testimony.Welcome to America’s Animal Farm.

When National Intelligence Director James Clapper appeared before the Senate, he was asked directly, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” Clapper responded, “No, sir. … Not wittingly.”

We now know that was a lie. Moreover, many of the senators who heard that testimony knew it was a lie because they admitted later to knowing about the NSA program to gather data on every citizen. Later, Clapper said that his testimony was “the least untruthful” statement he could make. Yet, of course, that would still make it an untrue statement — which most people call a lie and lawyers call perjury. Indeed, when Roger Clemens was prosecuted for untrue statements before Congress, he was not told of the option to tell the least untrue statement on steroid use.

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Jonathan Turley ~ The Fantastic Feinstein: How To Make Privacy Disappear While Appearing To Defend It

Jonathan Turley’s blog June 20 2013

225px-dianne_feinstein_official_senate_photoimagesCivil libertarians have long viewed Senator Dianne Feinstein (D.,CA) as a menace to privacy and civil liberties in her role on the  Senate Intelligence Committee. She has worked to blocked investigation of torture while supporting warrantless surveillance of our own citizens. Recently, many Californians became aware of her role in seeking ever-expanding powers for the security state. Feinstein desperately tried to get citizens to embrace a new model of privacy that allows for their continual surveillance in the latest scandals under her tenure. That has not worked particularly well so now Feinstein is taking a new approach: she is proclaiming her concern over the dangers of privacy posed by . . . drones. That’s right. Like the street magicians distracting an audience, Feinstein is trying to get citizens to focus on the use of drones for surveillance and promising some form of “regulation” in the future. The obvious intent behind yesterday’s carefully constructed scene was to present Feinstein in the light of a fighter for, rather than an attacker of, privacy rights.

FBI Director Robert Mueller acknowledged the law enforcement agency uses drone aircraft in the United States for surveillance in some cases.

Feinstein jumped at the opportunity to declare “I think the greatest threat to the privacy of Americans is the drone and the use of the drone, and the very few regulations that are on it today and the booming industry of commercial drones.” The point is obvious. The collection of every call made by every American is not really a big deal in turns of privacy. It is also not a concern to grab hundreds of millions of emails and attachments. No, it is the limited number of drone cases that is “the greatest threat to the privacy of Americans.” Of course, using drones to vaporize Americans without a charge or judicial review does not appear to bother Feinstein greatly.

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Why The Surveillance State Must Be Erased

Alt-Market June 11 2013 (Thanks, A.L.)

Or perhaps it was ~Gillian

In America today there is a great rushing storm, a swirling hurricane of clashing opinions and ideologies that defy coherent organization and classification.  This social tempest has been triggered by certain revelations among the general public on issues which we in the Liberty Movement have long been aware.  The fact that our government is bought and paid for by international corporate interests, the fact that our government has positioned itself to spy on ALL Americans without warrant and without probable cause, the fact that our government is instituting policy initiatives that target common citizens as enemy combatants, the fact that every one of our Constitutional rights is being deliberately torn away; these things are not news to us, but to many once ignorant people, they are a shock to the system.

Open corruption on the part of a criminal establishment has a funny way of politicizing everyone, even those people who go out of their way to avoid the bigger picture.  In the end, no man or woman gets a pass.  Whether you like it or not, one day soon, you will have to choose a side; freedom or tyranny.  There is no middle ground.  There is no Switzerland.

With all the rationalizations and counter-rationalizations flying around concerning the current avalanche of admissions and data leaks, it is easy to lose track of the root of the overall conflict.  It’s as if we have been dropped into the heart of an Amazonian swamp, our feet encased in a thick sludge of social inaction as a dark cloud of mindless mosquito-people buzz about us, pecking hungrily at our veins with their warped and uneducated world views.  The deafening chorus distracts us from what is truly important.

Here is the reality of our situation:

1) Both the Bush Administration and the Obama Administration supported FISA domestic surveillance legislation.  FISA is the legal tool which the federal government now uses to justify the monitoring of journalists and recently exposed mass surveillance programs such as PRISM.  Politicians from both the Republican and the Democratic parties have defended the use of FISA and PRISM.  Both parties support the destruction of your 4th Amendment rights.

2) The Obama Administration openly admits to the monitoring of journalist’s phone and email records in an attempt to thwart whistleblowers that might actually bring the truth of what the government is doing into the light of day.  Obama of course defends this position by claiming that “national security” is at stake.

3) Part of the motivation for surveillance measures against journalists has clearly been the Benghazi conspiracy, which is a thorn in the side of the establishment that refuses to go away.  Like Watergate, or Iran-Contra, the White House has been caught with its pants down and instead of admitting its guilt, has decided to attack the messengers instead.

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