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Friday, January 22, 2010

On the day that the Supreme Court struck down a U.S. statute as a violation of free speech, Hillary Clinton was promoting free speech on the internet...

... criticizing other countries.

Here are some excerpts... that is: everything she said about blogs:
Blogs, emails, social networks, and text messages have opened up new forums for exchanging ideas, and created new targets for censorship....

[V]iral videos and blog posts are becoming the samizdat of our day....

Some nations.... have co-opted the internet as a tool to target and silence people of faith. Last year, for example, in Saudi Arabia, a man spent months in prison for blogging about Christianity....

QUESTION: Dr. Nguyen Dinh Thang with BPSOS. We serve Vietnamese Americans and work with Vietnamese in Vietnam. While your initiative will take some time to take effect, just recently, in recent months, the Vietnamese Government sentenced several bloggers to five years all the way to 16 years in prison. So what does your office plan to do, and how the U.S. Government can confront such an emergency situation in Vietnam?

SECRETARY CLINTON: Well, we have publicly spoken out against the detention, conviction, and imprisonment of not only the bloggers in Vietnam, but some of the Buddhist monks and nuns and others who have been subjected to harassment.
Vietnam has made so much progress, and it’s just moving with great alacrity into the future, raising the standard of living of their people. And we don’t believe they should be afraid of commentary that is internal. In fact, I would like to see more governments, if you disagree with what a blogger or a website is saying, get in and argue with them. Explain what it is you’re doing. Put out contrary information. Point out what the pitfalls are of the position that a blogger might be taking.
So I hope that Vietnam will move more in that direction, because I think it goes hand in hand with the progress that we’ve seen in the last few years there. ...
Governments should not be afraid of commentary that is internal. If government doesn't like what people are saying get in and argue with them. Explain what it is you’re doing. Put out contrary information.

Yes. We not only have a First Amendment here in America, we believe in the rights it guarantees. We think other countries' governments ought to embrace the same principles. Come on, everybody! It's great! The marketplace of ideas.

Meanwhile, over at the White House, the President of the United States had a statement, released immediately upon the issuance of a new Supreme Court opinion strengthening free speech rights:
With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington--while undermining the influence of average Americans who make small contributions to support their preferred candidates. That's why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less.
A forceful response to a Supreme Court decision recognizing the importance of free speech. It would have been even more painfully funny if Hillary Clinton had also, in her speech yesterday, promoted the American values of separation of powers and an independent judiciary.

Here's the ending of Justice Kennedy's opinion for the Court in Citizens United v. FEC:
When word concerning the plot of the movie Mr. Smith Goes to Washington reached the circles of Government, some officials sought, by persuasion, to discourage its distribution.... Under Austin [the case the Court overrules], though, officials could have done more than discourage its distribution—they could have banned the film. After all, it, like Hillary, was speech funded by a corporation that was critical of Members of Congress. Mr. Smith Goes to Washington may be fiction and caricature; but fiction and caricature can be a powerful force.
Yes, ironically, the Citizens United case was about a movie called "Hillary" that criticized Hillary Clinton.
Modern day movies, television comedies, or skits on Youtube.com might portray public officials or public policies in unflattering ways. Yet if a covered transmission during the blackout period creates the background for candidate endorsement or opposition, a felony occurs solely because a corporation, other than an exempt media corporation, has made the “purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value” in order to engage in political speech. 2 U. S. C. §431(9)(A)(i).
Congress criminalized some political speech. But Hillary would like to apply moral pressure to countries like Egypt, Saudi Arabia, and Vietnam who imprisoned people for political speech.
Speech would be suppressed in the realm where its necessity is most evident: in the public dialogue preceding a real election. Governments are often hostile to speech, but under our law and our tradition it seems stranger than fiction for our Government to make this political speech a crime. Yet this is the statute’s purpose and design.
I added that boldfacing.
Some members of the public might consider Hillary to be insightful and instructive; some might find it to be neither high art nor a fair discussion on how to set the Nation’s course; still others simply might suspend judgment on these points but decide to think more about issues and candidates. Those choices and assessments, however, are not for the Government to make. “The First Amendment underwrites the freedom to experiment and to create in the realm of thought and speech. Citizens must be free to use new forms, and new forums, for the expression of ideas. The civic discourse belongs to the people, and the Government may not prescribe the means used to conduct it.”....
And our government is developing a forceful response to that. Brilliant. Idiots.

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