U.S. Congress Or U.S. Betray Us?

The MoveOn ad affair is still plodding forward with the President’s comments this morning calling the ad “disgusting”, and now the Senate weighing in with a resolution condemning MoveOn for exercising its free speech rights. The bill’s author, Sen. John Cornyn, made explicitly anti-speech language in his statement supporting the bill.

Before anyone has an opportunity to get distracted, this is not about the war in Iraq; it is not about respect for the military; it is not about terrorism; it is certainly not about patriotism. It is about Free Speech and nothing else (well, maybe a little hypocrisy). It is about the United States Senate deciding that it can penalize private citizens and groups for expressing their opinions.

Despite the chilling effect legislation like this has on lawful dissent, the Senate overwhelmingly passed Cornyn’s bill by a vote of 72-25. That majority means that a lot of Democrats caved in to the “shut up and pretend to support the military” crowd. It means that they believe that it’s acceptable for the government to crush dissent.

And while they are trashing our Constitutional liberties, they don’t even feel compelled to maintain a semblance of consistency. As evidence of the hypocrisy of the Senate censors, Sen. Barbara Boxer offered a companion bill that condemned political attacks on any military figure. Boxer’s alternative included patriots like Max Cleland and John Kerry, in addition to General Petraeus. The Boxer bill failed 51-46 (short of the 60 votes needed for passage), with all but three Republicans voting against it.

It’s bad enough that so many Democrats voted to censure MoveOn rather than exhibit some backbone by standing up for the Constitution as well as their constituents, but it’s far worse that Republicans, it seems, are only interested in defending the honor of the military when those criticized are right-wing sycophants. Decorated veterans who serve their country are apparently unworthy of respect if they don’t swallow Republican dogma and obey their masters in the White House.

I really don’t understand how the public can tolerate Republican senators who will vote to condemn attacks on one general, then turn around and vote against condemning such attacks on all military figures. This should serve as a lesson to the Democratic leadership in Congress that Republicans are not the least bit interested in bipartisanship or compromise. Democratic leader Harry Reid needs to absorb this lesson and begin to take a more aggressive stance in asserting the majority role in which he serves. When is he going to get tired of wiping the footprints off his damn forehead? And the rest of the Democratic caucus might want to start to take more seriously their obligation to protect free speech, as opposed to making vacant gestures that feign patriotism. Their record of abandoning Constitutional principles is disgraceful – from Habeas Corpus, to warrantless wiretapping, to relinquishing their jurisdiction on issues of national defense, to impeachment. When will they learn what their role is as members of an equal branch of government?

Update: MoveOn is fighting back with a petition drive that will be delivered to Congress:

“The U.S. Senate just told you to sit down and be quiet. They passed a resolution condemning MoveOn.org and it has one purpose: to intimidate all of us who care about responsibly ending this war.”

Sign the petition and join MoveOn. What better time to show support for free speech and a valiant organization that is fighting for it.

Sally Field’s Emmy Speech Uncensored

In accepting her Emmy award for Outstanding Lead Actress in a Drama Series for her role as the matriarch in “Brothers and Sisters”, Sally Field delivered an impassioned tribute to mothers everywhere in a message that spoke of world peace.

Unfortunately, it was too much for the censors at Fox who cut Field’s comments at a critical point.

The video above is from the Canadian broadcast that aired the speech unedited. The nannies at Fox snipped the remarks for U.S. viewers as Field said, “If mothers ruled the world, there wouldn’t be any…” The expunged ending of the sentence was, “god-damned wars in the first place.” Was it because Fox thinks that Americans are just too fragile to be exposed to such fiery language? Was it because they were seeking to suppress legitimate dissent in a public forum? Tom O’Neil at the Los Angeles Times reports that it may not have been a matter of shielding the network from liability for broadcasting an obscenity:

“Technically, Field’s censored words are not profane. A 2004 FCC ruling specifically stated no objection to the use of “god damn” on TV when making a judgment on the uproar over Bono swearing at the Golden Globes in 2003 where he used more colorful language.”

Backstage, Field spoke with reporters and responded to the controversy that was already swirling:

“I have no comment other than, ‘Oh, well.’ I said what I wanted to say. I wanted to pay homage to the mothers of the world. And I very, very seriously think that if mothers ruled the world we wouldn’t be sending our children off to be slaughtered.” […] “If they bleep it, oh, well. I’ll just say it somewhere else.”

This is the second instance of Emmy censorship this season, following Kathy Griffin’s remarks a night earlier when, mocking award winners who give credit to God for their victory, Griffin said that, “…no one had less to do with this award than Jesus.” Isn’t it interesting that in both occurrences of a clampdown on free speech, a reference to God was a key factor?

TV Guide Says Fox News Is NOT News

The debate over whether Fox News is a legitimate news enterprise has seized many in the press and academia. But the transparently partisan presentation in their reporting should make for a short and dull debate. Now, an uncharacteristically honest depiction of Fox News can found in an unlikely place.

TV Guide publishes the industry’s most widely read magazine of program listings and this is how they categorize news programming for their readers:

Note that according to the legend on the top right of the page, the purple highlighting designates a program as “news”. Then, scanning down to the listings, you will see that TV Guide does not consider The O’Reilly Factor to be a news program. However, glancing down a little further reveals that TV Guide does view Keith Olbermann’s Countdown as news. Dig even further than that and you’ll see that the entire Fox News schedule is not designated as news with the exception of Studio B with Shepard Smith. Even Special Report, the program anchored by Brit Hume, Fox News’ managing editor and chief Washington correspondent, is apparently not really news. On MSNBC, Countdown and MSNBC Live are the only programs tagged as news. But CNN’s entire broadcast day is identified as news except for Lou Dobbs and Larry King. (Source: TV Guide September 17-23, 2007)

Now, on a cursory level, that may just appear to be an obvious and objective evaluation of the content on these networks. CNN has always been a dedicated news programmer, just as Fox has always been a propaganda vehicle for the Republican National Committee. But there may be something more to this than just the labeling of program content.

Gemstar-TV Guide International, Inc., the publisher of TV Guide, is owned by … wait for it … Rupert Murdoch’s News Corporation. Murdoch sits on its Board of Directors along with News Corp. president and COO, Peter Chernin. The Board is chaired by Anthea Disney, a News Corp executive VP. So why would Murdoch’s own publication seemingly disparage the cable network he is working so hard to establish as a source of reputable journalism by declining to identify it as news? Could it have something to do with the fact that news programming routinely under-performs entertainment programming and that intentionally mislabeling Fox broadcasts could result in driving more viewers to their network? By extension, they could also be attempting to suppress viewers for their main competition, Countdown, by coloring it purple and diverting the broader interest entertainment viewers away from the program.

By owning both the networks and the publications covering them, News Corp. can circle the PR wagons around itself and effectively manipulate viewers, coverage, and potentially, ratings. TV Guide presently has almost 3.3 million subscribers. Although that is a 12% decline from the previous measurement period, it is still a significant audience. They also operate electronic TV Guides on cable, satellite, and the Internet, that expose them to another 82 million viewers. That reach allows them to define the market in ways that accrue to their own benefit. For example, look at how TV Guide describes the O’Reilly/Olbermann match-up:

The Factor: The bestselling author mixes news, interviews and analyses, and some of his most passionate commentaries, not surprisingly, deal with liberals (such as, to pick one name at random, Al Franken). The conservative guru’s `No Spin Zone’ has been the major factor in Fox News’ climb (past CNN) to the top of the cable-news chart, with some three million viewers nightly.

Countdown: The nightly news program ranks the day’s top five stories by what will likely be the next morning’s hottest topics for discussion. `It’s a hard-news broadcast produced and hosted by people who are uncontrollably silly,’ quips the wry Olbermann, who also conducts newsmaker interviews.

In short, The Factor is the number one show hosted by a popular and passionate bestselling author, while Countdown is a hard-news broadcast that is also regarded as “silly.”

This state of affairs is just another reason for rolling back the consolidation that has occurred in the media since the abominably irresponsible Communications Act of 1996 (thanks Bill Clinton). But in the short term, Murdoch and TV Guide need to be called to account for their abject dishonesty and their efforts to deceive the public.

Networks Refuse To Air Liberal Ads, Too

John Hinderaker at the Power Line blog is expressing some selective outrage over the alleged refusal of MSNBC and CNBC to air ads by a pro-war shadow press office for the White House. Led by former Bush press secretary, Ari Fleischer, Freedom’s Watch is seeking to target congressional members who aren’t sufficiently hawkish by placing ads that ask viewers to call their representatives and voice their support for the President and the war.

Hinderaker has republished a letter from Bradley Blakeman at Freedom’s Watch (FW) to NBC that says in part…

Your history of airing other issue advocacy advertisements makes the denial of FW advertisements troubling and raises the issue of whether your denial is based on an editorial disagreement with FW’s message.

NBC has yet to respond to the complaint so it is unknown at this time what their reasons for declining the ad might be, if in fact it was declined. However, both Hinderaker and Blakeman should be commended for their commitment to free speech. The only problem is that there is scant evidence that they exhibited similar concern for liberal victims of censorship on the commercial airwaves. Did they ever speak out against these abuses:

GOP Warns TV Stations Not to Air Ad Alleging Bush Mislead the Nation Over Iraq
Attorneys for the Republican Party are warning TV stations not to air a new commercial by the Democratic National Committee that charges President Bush misled the country in the lead-up to the invasion of Iraq.

NBC, CBS, ABC Reject Ad Criticizing Their News Coverage
American Progress created a television advertisement for BeAWitness.org, our netroots campaign that calls out the television news media for their deplorable coverage of the genocide in Darfur. Over the last few days, three Washington DC television affiliates, NBC-4, CBS-9, and ABC-7, informed us that they refuse to air the ad.

Prickly Peacock Nixes Chicks
The Weinstein Co. is claiming that NBC and the CW have refused to air national ads for the new Dixie Chicks docu “Shut Up & Sing.”

CBS, NBC Refuse to air Church’s Television Advertisement
The CBS and NBC television networks are refusing to run a
30-second television ad from the United Church of Christ because its
all-inclusive welcome has been deemed “too controversial.”

CNN, NPR Refuse Ads for Assassination Film
Two major U.S. news outlets, CNN and National Public Radio, will not air advertisements for a controversial movie depicting the assassination of President Bush, citing the film’s content, network spokeswomen said Tuesday.

Bush Helps CBS, CBS Helps Bush
While advertising industry sources say CBS will air a pair of advocacy commercials prepared to advance the agenda of the White House Office of National Drug Control Policy, the network has refused to accept an advertisement prepared by critics of the man who currently occupies the White House.

When Might Turns Right
L.A. Weekly has learned that CBS, NBC and ABC all refused Fahrenheit 9/11 DVD advertising during any of the networks’ news programming. Executives at Sony Pictures, the distributor of the movie for the home-entertainment market, were stunned. And even more shocked when the three networks explained why. “They said explicitly they were reluctant because of the closeness of the release to the election.”

ABC Refuses Outfoxed Ad, Censors Boston Legal
[T]hey have refused our money, refused to make suggestions to the ad so they would run it, and in short have said no!

Networks Refuse To Air Soldier Ad
Now a non-partisan, pro-soldier activist group is having trouble getting an ad featuring a wounded soldier on the air. Operation Truth executive director Paul Rieckhoff told GNN, “the bottom-line is there are some networks who don’t want to hear the truth because the truth is a little too abrasive for people to handle.”

Fox and CBS Refuse To Air Condom Ads
…Fox and CBS networks recently refused to broadcast condom advertisements. Had they somehow missed the memo that there are 19 million new cases of sexually transmitted diseases (STD) each year…

To the hypocrites on the right, free speech is reserved for the narrow constituency of the elite and the sycophants of the powerful. To any objective observer it is obvious that the media has an historical pattern of tipping the scales against progressive views. And this applies to news content as well as to advertising.

I generally lean heavily in favor of unfiltered and unfettered expression, but FW’s croc tears just don’t make me misty. I would be a little more sympathetic to FW’s complaint had anyone connected to it ever lifted a finger in support of free speech in any context other than that which is in their own interest.

It would also help if the ad in question weren’t so deceptive. At the end of ad there is a telephone number displayed for viewers to call Congress and express their opinion. But in a perverse game of bait and switch, the number actually connects to an operator who asks if you agree with the ad. If you do, your call is patched through. If you do not, they hang up on you. I would not be surprised if that is the reason NBC hung up on FW.

DeadLines

Bill O’Reilly’s Trespassing Producer
A Hillsborough sheriff’s deputy issued trespass warnings to O’Reilly Factor producer Jesse Watters, and staff Brian Lyle and Colin Kelly, when they tried to ambush interview Circuit Judge Manuel Lopez. O’Reilly aired Watters harassing the judge but failed to broadcast any of the encounter with the sheriff.

Non-Freedom of Information Act
In a motion filed yesterday, Justice Department lawyers argued that the Office of Administration is not subject to the Freedom of Information Act. Their reasoning: the office is not an “agency,” by the definition of FOIA. This contradicts the White House’s own web site that says the Office of Administration is subject to FOIA. But it affirms the White House’s commitment to excessive secrecy.

Censorship at the National Highway Traffic Safety Administration
Department administrator, Nicole R. Nason, has adopted a policy that has blocked virtually all of her staff – including the communications office – from providing any information to reporters on the record, which means that it can’t be attributed. What are they trying to hide? Nason, a Bush appointee, must be making her secrecy obsessed boss very happy.

Fox/CBC Democratic presidential debate “postponed”
Fox News and a black political group say they will not hold a Sept. 23 Democratic presidential debate in Detroit, which the leading candidates already were planning to skip. Right, and I canceled my date with Angelina Jolie.

The Road to War: Iraq
On August 27, the National Geographic Channel will air a documentary on the events that led up to the invasion of Iraq. NGC is majority-owned by Rupert Murdoch’s News Corp. I don’t want to prejudge this film, but it seems to be populated with interviews of a bunch of Bushies like Andy Card, Richard Armitage, and Mary Matalin. We’ll see where it goes.

Tastes Almost Like Free Speech

Free Speech ZoneAlmost like the real thing.

We live in a substitute society. Our consumer culture has produced numerous products that are only meant to emulate other products that, for one reason or another, we seek to avoid. There is mock meat and faux fur and sodas sweetened sans sugar. Now, courtesy of BushCo, we have fake free speech.

In response to litigation, the White House was forced to reveal the existence of a secret manual used to manage the public events of the President. Many of the tactics outlined in the Presidential Advance Manual are well known to activists, but now, for the first time, we can see the actual policy from the Oval Office handlers.

The Washington Post reports that:

“A White House manual that came to light recently gives presidential advance staffers extensive instructions in the art of “deterring potential protestors” from President Bush’s public appearances around the country.”

“Among other things, any event must be open only to those with tickets tightly controlled by organizers. Those entering must be screened in case they are hiding secret signs. Any anti-Bush demonstrators who manage to get in anyway should be shouted down by “rally squads” stationed in strategic locations. And if that does not work, they should be thrown out.”

The White House doesn’t view these measures as suppression of lawful dissent. They believe that they are in compliance with the spirit of free speech if they…

“designate a protest area where demonstrators can be placed, preferably not in the view of the event site or motorcade route.”

The primary goals of the directives in the manual are not to protect the President or to maintain civil order, but to shield the President from the unpleasant reality that he is universally despised, and to prevent the media from witnessing, and potentially reporting, any outbreak of democratic redress of grievances. It goes so far as to say that if demonstrators are unlikely to be noticed by the press, they should be ignored. That instruction makes perfect sense for the administration because, if protesters are not observed by the media, they will be ignored by the nation.

Despite our cultural acceptance of fakes and knockoffs, there really is no substitute for free speech and other Constitutional liberties. And while a designated free speech zone may have the appearance and texture real freedom, the aroma has the stench of a cowardly administration that is afraid of its own constituents. In other words, it still tastes like chicken.

C-SPAN: As Fair And Balanced As Fox News?

According to C-SPAN’s website, the network is…

“…a private, non-profit company, created in 1979 by the cable television industry as a public service. Our mission is to provide public access to the political process. C-SPAN receives no government funding; operations are funded by fees paid by cable and satellite affiliates who carry C-SPAN programming.”

That sounds like a pretty even-handed organization that is well suited to serve the public interest. But a little digging beneath the surface tells a different story. For instance, the cable and satellite affiliates that fund the network’s operations are predominately assets of the largest media and Telco corporations in the world. Companies like AT&T and Time Warner. It would be naive to presume that they have no agenda to promote.

In 2005, Fairness and Accuracy in Reporting (FAIR) conducted a study that showed the network…

“…skewing rightward, favoring Republican and right-of-center interview subjects by considerable margins over Democratic and left-of-center guests. The study also found that women, people of color and public interest viewpoints were substantially underrepresented.”

For a recent example of the network’s bias, take a look a the schedule this week for coverage of two partisan political events. In Chicago, the YearlyKos conference for Democratic bloggers and activists was held August 2-5. The conservative Young America’s Foundation held their National Conservative Student Conference from July 30 – August 3, in Washington, DC. Here is a chart of C-SPAN’s coverage of these events (from their calendar):

Program Title # Airings
YearlyKos Conference Programs:
Media & 2006 Campaign 4
Political Issues & Current Events 2
Young Americas Foundation Conference Programs:
Campaign 2008 2
U.S. Healthcare System 3
Energy Independence 2
Using the New Media 2
Future of the Young Conservative Movement 2
Origins of Planned Parenthood 1

The tally so far is 2 YearlyKos programs with a combined total of 6 airings. That’s compared to 6 Young Americas programs with a combined total of 12 airings. So the conservative conference got twice as many time slots for 3 times as many panels as the progressive conference. The only way this can be described as fair and balanced is if C-SPAN uses the same twisted dictionary as Fox News.

Another recent example of bias is the interview with Kevin Leffler, director of the two year old crockumentary “‘Shooting Michael Moore.” For some reason C-SPAN felt compelled to give a platform to this undistinguished and outdated film but has not bothered to host the filmmakers responsible for the just-released “No End in Sight.”

Feel free to let C-SPAN’s Viewer Services know that you would like for them to schedule progressive events and guest bookings with at least the same frequency as they do for conservative programs. Or is that too much to ask the stepchild of Time Warner and AT&T?

Pearl Jam Censored At Lollapalooza By AT&T

If we really needed proof that the Big Telcos are lying through their teeth when they celebrate themselves as defenders of free speech and open access, we couldn’t do better than this. AT&T, the sole provider for the webcast of Pearl Jam’s performance at Lollapalooza, and noted opponent of Network Neutrality, cut out politically charged portions of the band’s performance. I’ll let them tell it via their website:

After concluding our Sunday night show at Lollapalooza, fans informed us that portions of that performance were missing and may have been censored by AT&T during the “Blue Room” Live Lollapalooza Webcast.

When asked about the missing performance, AT&T informed Lollapalooza that portions of the show were in fact missing from the webcast, and that their content monitor had made a mistake in cutting them.

During the performance of “Daughter” the following lyrics were sung to the tune of Pink Floyd’s “Another Brick in the Wall” but were cut from the webcast:

  • “George Bush, leave this world alone.” (the second time it was sung); and
  • “George Bush find yourself another home.”

This, of course, troubles us as artists but also as citizens concerned with the issue of censorship and the increasingly consolidated control of the media.

AT&T’s actions strike at the heart of the public’s concerns over the power that corporations have when it comes to determining what the public sees and hears through communications media.

Aspects of censorship, consolidation, and preferential treatment of the internet are now being debated under the umbrella of “NetNeutrality.” Check out The Future of Music or Save the Internet for more information on this issue. [Ed: Save the Internet has clips of both versions of the song here]

Most telecommunications companies oppose “net neutrality” and argue that the public can trust them not to censor.

And if you can’t trust a giant, multinational, consolidated, communications conglomerate like Ma Bell, who can you trust? AT&T has shown that they cannot be relied upon to manage vital national resources like the Internet. They want to own it and constrain its use to the sole purpose of enriching themselves and shaping public opinion to their liking.


 
 
Don’t let them do it because, as Pearl Jam says…

This Is Not For You!
“And you dare say it belongs to you…to you…
This is not for you
This is not for you
This is not for you
Oh, never was for you…fuck you…”


First Amendment Repealed For Students

A report in the Chronicle of Higher Education states that the 10th Circuit Court of Appeals ruled against the former editors of the student newspaper at Kansas State University in a First Amendment case:

“The students asserted that the university had violated their First Amendment rights by removing their faculty adviser from the newspaper staff following criticism of the Collegian’s coverage of minority issues.

The judges ruled that the plaintiffs’ status as graduates made their claims moot because, as alumni, they are not subject to censorship by the university.”

What an atrocious ruling. How can a First Amendment violation be wiped away just because the victim’s academic status has changed? There was still a violation. This ruling would effectively repeal the First Amendment for students because in almost every case the student will have graduated before the case comes to trial. Knowing that, the university would be able to censor students with impunity.

Would this ruling extend to victims of racial discrimination who graduate before the court rules? Would it extend to employees of a company whose rights were violated if they no longer worked for the company when the trial took place? Would every violation of the Constitution be rendered moot just because the relationship between the victim and the violator had changed?

This ruling by a three member panel of the 10th Circuit is nothing but an unconstitutional constriction of long-held civil liberties. It is an attempt to repeal the Bill of Rights. It must be struck down by the full court, or the Supreme Court, without ambiguity.

Happy Birthday: Freedom of Information Act Is 41 Today

July 4, 1966, President Lyndon Johnson signed into law the Freedom of Information Act (FOIA). Its purpose was to ensure the public’s right to access information from the federal government. For the first time, the government would bear the burden for certifying why requested information should not be released, and any refusal to release information could be challenged in court.

The FOIA was nearly stillborn as Johnson was bitterly opposed to the legislation. His press secretary, Bill Moyers, described LBJ as having to be:

“…dragged kicking and screaming to the signing ceremony. He hated the very idea of the Freedom of Information Act; hated the thought of journalists rummaging in government closets and opening government files; hated them challenging the official view of reality.”

In 41 years, the presidential impression of the FOIA has actually declined. the Bush administration has been cited as the most secretive in history. Moyers enumerates many examples in a speech he gave before the Society of Professional Journalists. BushCo intelligence agencies have also been busy re-classifying tens of thousands of documents that were previously available for years.

With regard to actual compliance, Bush and his Secret Society associates have assembled a disgraceful record of non-performance. The Knight Open Government Survey published by the National Security Archive of George Washington University, finds systematic failures in tracking, processing, and reporting on FOIA requests. In January 2007, the Archive itself filed FOIA requests with the 87 leading federal agencies to identify the ten oldest pending requests in each agency. Fifty seven of the agencies responded. Out of more than 500 pending requests, only twenty were still within the 20 day period agencies have to respond. All ten of the State Department’s oldest were more than 15 years old. The survey also found that agencies misrepresented their FOIA backlogs to Congress as well as discrepancies between this year’s audit and previous audits.

Any sense of surprise at this administration’s obsession with obfuscation and deceit should have worn off long ago. There are just too many examples to list. But on this holiday celebrating freedom, perhaps the best example occurred just a couple of days ago when Bush issued his payoff (commutation) to Scooter Libby. This is another transparent effort by the crime bosses in the White House to buy the silence of a compromised accomplice. Despite this brazen abuse of executive authority, the Congress still seems incapable of demanding accountability:

“Bipartisan Congressional efforts to solve some of the problems exposed in the Archive’s “ten oldest” audits have stalled in the Senate, with Republican Senator Jon Kyl of Arizona personally holding S. 849 from an up-or-down vote. The bill would impose penalties for agency delay, mandate accurate and timely tracking and reporting of FOIA requests…”

Sometimes it only takes one corrupted soul to throw a roadblock in front of a whole nation, but the result is the same.

As we celebrate that other anniversary that everybody seems to be talking about today, we should take a moment to recognize this 41st birthday of legislation that was enacted in the best spirit of this country’s principles. James Madison seems prescient in his statement back in 1822:

“Knowledge will forever govern ignorance. And a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both.”

Happy 41st, Freedom of Information Act.
See my salute to FOIA’s 40th.