UPDATE: Welcome readers from Small Dead Animals! Thanks for the link, Kate! Canadian readers, this post that I wrote is an index to most of my recent posts on your free speech troubles with the Human Rights Commissions. I hope and pray that you guys can get your civil liberties restored, and be the True North Strong and Free, again!
UPDATE: If you are looking for the story on the hate crime bill that adds pedophiles to the list of “protected” groups, see here.
Wow, check out this story from OpenMarket blog.
Under a recently-introduced bill, H.R. 1966, bloggers would face up to two years in prison if they “harass” public figures by criticizing them in a “severe, repeated, and hostile” manner, and thereby cause them “substantial emotional distress.”
I guess fascism is coming along faster than I thought.
U.C.L.A. Law Professor Eugene Volokh, the author of a First Amendment treatise, has concluded that the bill is unconstitutional. I agree, as I explain here. As a federal appeals court noted in DeJohn v. Temple University (2008), “there is no harassment exception to the First Amendment’s free speech clause.” Speech that causes emotional distress can be protected,as the Supreme Court made clear in barring a lawsuit by Jerry Falwell over an offensive parody.
Wow, it’s like the left is doing everything they accused Bush of doing, which he never did. The fascist policies they imagined were all projections onto Bush of what they intended to do themselves! Now I get it. It wasn’t conservatives who were in favor of government control of private lives, it was the progressive left.
The bill is a telling example of how the American Left has turned against free speech and civil liberties. The bill’s sponsor, Linda Sanchez (D-CA), and nearly all of her 14 co-sponsors are liberals. All of them backed the federal hate-crimes bill passed by the House yesterday, which is designed to allow people who have been found innocent in state court to be reprosecuted in federal court. (That bill has been criticized by four members of the U.S. Civil Rights Commission, including law professor Gail Heriot, and by civil libertarian Wendy Kaminer. Advocates of the federal hate-crimes bill once cited the defendants in the Duke Lacrosse case, who were innocent, as an example of people who should be prosecuted in federal court).
And don’t forget about the hate crimes bill: I wrote previously about the two ways in which that bill is unconstitutional.