Showing posts with label Media Freedom. Show all posts
Showing posts with label Media Freedom. Show all posts

Saturday, March 9, 2013

Illinois Senator Introduces, Then PULLS Internet Censorship Bill Amid Severe Backlash - Ira Silverstein Needs To Go Back To Law School

On Tue, Feb 19th 2013, at 11:57AM Central Time, Mike Masnick, published a very useful piece over at Techdirt. This piece revealed that Illinois has a treasonous, constitutional traitor in its midst! The said treasonous, disgusting, facist, card carrying friend of Hitler is none other than Ira Silverstein! See Computerworld for their take on it.

The man in the photo above is none other than the inhumane, self-admitted speech Nazi, himself! What did ole Ira do to gain such scorn from Shortwave America, you ask? Well, he decided all on his own that it would be a great idea to silence anonymous speech by way of an official state bill that read in part like this: "Creates the Internet Posting Removal Act. Provides that a web site administrator shall, upon request, remove any posted comments posted by an anonymous poster unless the anonymous poster agrees to attach his or her name to the post and confirms that his or her IP address, legal name, and home address are accurate"

Ira should have known better, we, the people of the State of Illinois have every right to expect that he should have known better than to even attempt this! Here is a verbatim copy of Ira's biography: "Attorney; Degrees from Loyola University in 1982 and John Marshall Law School in 1985; past President of the Northtown Community Council; board member of the Korean Senior Center; member of the Greek Pan-Hellenic Laconian organization; Director of the Bernard Horwich JCC; married (wife, Debra), has four children."

Ira's excuse for attempting to silence the people of his state was said by him to have been an effort to protect children and introduce New York's similar bill.  But, wait a moment! If Silverstein pulled the bill, why does the Illinois General Assembly site show the bill has been referred to the Assignments Committee? Maybe the State Senate is terribly embarrassed by Ira Superdunce, and so they don;t want it to read that the bill has been removed? OR are they re-wording the bill so as to re-introduce it?

Either way, the U.S. Supreme Court has made it very clear that anonymous speech is indeed protected:  "Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society." McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995)

Further, SCOTUS also says this:  "an author's decision to remain anonymous . . . is an aspect of the freedom of speech protected by the First Amendment." This is because "the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry." The Supreme Court has also held that there is "no basis for qualifying the level of First Amendment scrutiny that should be applied to . . . [the Internet] medium." Accordingly, "[i]t is clear that speech over the internet is entitled to First Amendment protection" and that "[t]his protection extends to anonymous internet speech."

See the IT Law Center for more, to include Applicable Tests. 

From the Electronic Frontier Foundation, we have this bit that speaks volumes in itself:
"The tradition of anonymous speech is older than the United States. Founders Alexander Hamilton James Madison and John Jay wrote the Federalist Papers under the pseudonym "Publius " and "the Federal Farmer" spoke up in rebuttal. The US Supreme Court has repeatedly recognized rights to speak anonymously derived from the First Amendment."

Shortwave America urges everyone in the State of Illinois to contact the Illinois Attorney Registration and Disciplinary Commission to demand that Ira Silverstein be properly disciplined, even if that means revocation of his law license. The people of the State of Illinois should NEVER ONCE tolerate or forgive ANY elected or appointed official's actions when such actions are so grossly out of line as to violate the constitution or the bill of rights at the state or federal level!!

Ira Silverstein, this author, as one of the people of the State of Illinois on behalf of fellow state residents, demand that you resign from Illinois law and Illinois politics altogether for your attempt at such a grievous and unethical act! You truly need to go back to law school, that much is a fact! where were your brains and common sense, Ira? Did you have a "God" moment? Maybe you thought you were a hero of some sort? Thought you would throw your weight around? You likely know that none of us buy your "someone think of the children" story! While cyber-bullying or bullying of any sort is not acceptable in the least, squelching freedom of speech is never an answer!

YOU, Ira Silveratein, at least for the time being, are a public official who is held to public ridicule and are at all times, a target for public discourse. Even with all of the above information being true, Ira, no one in the public eye has any right to not be offended, that right simply doesn't exist. No one participating in public discourse has a right to not be offended. The distinction of this from bullying is that bullying actually has the aim of committing grievous harm to a particular victim, whereas simply being offensive can and usually is aimed at public government officials or other people in a general sense without any real threat to anyone.

In closing, the problem, Ira, is that you apparently don't have the intelligence to think like that and to define things in proper context. This is what makes YOU a dunce, an ignoramus, a worthless low life! You really should leave politics and law to those who hold real competence.   

The public can contact the less than honorable Ira Silverstein:

Springfield Office:
Senator 8th District
501A Capitol Building
Springfield, IL   62706
(217) 782-5500
(217) 782-5340 FAX
 

District Office:
2951 West Devon
Chicago, IL  60659
(773) 743-5015
(773) 743-4750 FAX

Thursday, April 5, 2012

NBC Channel 5 Reporters Detained By Chicago Police - First Amendment Rights In Question


On March 20th, 2012, Chicago Police were responding to an unfortunate event in which an innocent, young girl, was killed in a shooting. CPD was at the hospital to continue their investigation. NBC reporters arrived at Mt. Sainai Hospital in Chicago to cover this story and were originally standing in front of the hospital when either security or police, asked them to move. The reporters moved to a middle road median where no pedestrian or vehicle traffic were being obstructed. What is unique about this story that Shortwave America decided to cover it once someone reached out with the link? As usual, a Mt. Sainai Hospital security guard who had nothing better to do but tow a party line (probably to get into the good graces of CPD) made up a blatant fabrication about NBC 5 reporters attempting to get past him and into a secure area of the hospital.

This was a perfect time, place and circumstance for this guard to get his fifteen minutes of fame and also set up the media for a first amendment fight. What actually happened is that Chicago Police ended up making themselves look bad.

Enter CPD Officer Ward, star#13603, who approaches the news crew...you HAVE to watch the video to actually believe this stunt Ward decided to pull off!! (We would LOVE love to see his TRR or other written statement issued to the Department)


View more videos at: http://nbcchicago.com.


Wait, OFFICER WARD...did the public just hear you right? "Your First Amendment rights can be terminated if you're creating a scene or whatever," the officer said. (NBC Chicago quote)

Ward also said these things: "Your presence is creating a scene.", "Just cause you sue don't mean you gonna win", and just before he pulled out the cuffs, Ward transmits over the zone to ask if he can lock these journalists up  while saying ON THE AIR he "has no problem with it". Ward's use  torture of the English language indicates he has spent way too many years on the streets and that he has no worries about looking / sounding like an idiot. Does the old wise saying apply here that if you hang out with trash you start to sound like trash?

Ward is assigned to the 010th district on beat 1072 (Wagon Officer). For those readers who don't know, the wagon is where the Chicago Police Department sends officers who have a history of misbehavior or other disciplinary problems. Ward has been dumped off of midnights in this and other districts because he needed to be actively supervised.

Ward served time in the U.S. Armed Forces where, similar to his Chicago Police career, he never made any significant rank or achieved any position of responsibility. 

Also on scene were Sgt. Avila, and one other Sgt. whose name currently escapes memory. Here they are in these photos: The cool head you witness with Sgt. Avila is who he was as a street officer as he earned his Sgt. stripes the old fashioned way...through hard work!

Chicago Police Sgt. Avila at the scene of Mt. Sainai Hospital where NBC 5 reporters were illegally detained


unidentified Chicago Police Sgt. at the scene of Mt. Sainai Hospital on March 20th 2012
The general details of career of the Sgt. pictured directly above are pending.

Chicago Police said this about the incident:

"The Chicago Police Department did not charge anyone with criminal trespass in connection with yesterday's incident, which involved the unfortunate and senseless loss of a young child. We removed two individuals from the hospital at the request of hospital security guards, who asserted that the individuals had tried to go past them into secure and private areas of the hospital. The security guards declined to press charges and the individuals were released.


Our members were attempting to protect and respect both the grieving family members of the child, and the memory of the child herself during a very stressful time for all parties involved.


As always, we will carefully review the allegations in the event further action is warranted."

Source: NBC 5 Chicago

All good and fine, an honorable thing to do on part of the Chicago Police Department, but was THIS the way to accomplish this goal?

The well known and award winning Chicago Police Department blog, Second City Cop, makes no mention of this in their March archives at all. Maybe it was too much of an embarrassment? Maybe they are sticking together a bit too tightly again as in the thin blue line of silence? Maybe IAD is investigating a CR#?

The lesson here is multifold: 1. There is no law in Illinois that says anyone HAS to follow any given order given by the police unless the person defying such order does so at the immediate detriment of public safety. 2. Certain officers have egos that are writing checks they just can't cash. 3. Some officers have good intentions that go too far. 4. The first amendment cannot be "terminated" unless by court order or immediate and grave threat to public safety and even then, the first amendment still stands when a person or persons are relocated to a safer area. 5. When in doubt of an officer's words, always do what you can within reason to immediately summon a police supervisor. 6. Passive, non-violent, educated, civil disobedience can serve a valid purpose.

There will be more on this story if anything becomes available.Photos, quotes, and video courtesy of NBC 5.

Sunday, January 29, 2012

SAY NO TO ACTA



The video above talks about a bill that is as dangerous or even worse than SOPA and PIPA. Free speech is also at grave risk in the text of ACTA. The United States signed ACTA in October of 2011, but it has not been ratified yet. ACTA is slated to be ratified in June of this year (2012) if the EU Parliament signs off on it.

So, in reality, we have 3 pending Federal bills that will become law this year and will completely shut down what we have known so far as a free internet. Welcome to the new world order, everyone! America is becoming another China. Write to your Senators and House Representatives. Tell them you do not want SOPA, PIPA, or ACTA in our already over legalized country.

Monday, April 18, 2011

Blago Trial Judge Zagel Violates First Amendment, Freedom Of Choice

Yahoo! News has the story of Judge Zagel warning ousted Illinois Governor , Rod Blagojevich about making comments to the news media because his statements "could be used against him". In the context of media freedom and the freedom of a citizen or citizens to speak with the media, this seems to be the typical Illinois backhanded approach to circuventing the First Amendment, among other constitutional guarantees to freedom of choice when it comes to the right of a person or group of people to decide when and when not to speak.

Illinois has a long history of using coercion & intimidation against those whom it wishes to silence. Blago apparently raised the hairs on the neck of the assigned prosecutor given the prosecutor's conduct in the courtroom in front of th judge when he raised his voice and said he wishes he could put Blago on the stand, supposedly to show what a liar he is.

Shortwave America sees a double standard here: Blago can't air his remarks & opinions to the media under threat of his remarks being used against him & yet, the prosecutor can openly opine in court DURING A STATUS HEARING which is NOT part of the trial itself, that Blagojevich is a liar? HELLO? TALK ABOUT GRANDSTANDING!

There is a reason for a second trial being held and this type of misconduct by prosecutors & judges siding with prosecutors is a big part of it!! The good old boy network is alive & well in Illinois as always!

How about those of us who are full time members of the media getting together in protest to publicly remind the court system and the government of the fact that it is our right to practice reporting voluntary citizen statements and protect the rights of citizens to speak with us!

This judge must really be scared that something is amiss on part of the government in this case because this is not the first time the court has tried to silence Blagojevich by coercion or intimidation in the context of media communications. Through-out this whole circus, it has always been heir apparent that no crime has been committed and that the case has always been about politics. There is just too much wrong with all of this and definitely in the sense that the court does not want anyone speaking to the media nor does the court smile on the media doing what we do....reporting on newsworthy current events.

In Illinois, there have been a long list of criminal cases that have been blown wide open by good reporting and the innocent have been given their lives back, forcing the Illinois Government to re-open or even re-start criminal investigations to search for he or she who is truly guilty. Shortwave America has a message for Judge Zagel: SHUT UP!