Information, please... or NOT!
Weighing degrees of "freedom" in any society must include the question: What's the condition of information-exchange?
Is it free and open? Can citizens talk about any and all subjects, and, more to the point, express opinions about them? Is some language or opinion taboo? Even illegal?
The flip side of these considerations, as far as measuring societal freedom, is how much the regime that governs the society is allowed to know.
Can it eavesdrop on its citizenry - to make sure they’re not tormenting elderly relatives or hogtying baby seals to the blades of industrial turbines? …Or cooking up insurrection? Can the regime investigate citizens’ business records and associations with no legal oversight or challenge?
Ideally, the degree of freedom in information exchanges should be inverse to its level in official circles. In other words, the higher we go within the operational framework of a governing entity, the more sanctions should be placed on information-access, particularly with regard to individuals.
Ideally, of course.
On the touchy issue of censorship, a New York Times piece this week takes a look at hate speech laws, now so popular in Europe, Canada, and some other parts of the world – and the reasons the United States has been (so far) reluctant to implement them:
http://www.nytimes.com/2008/06/12/us/12hate.html?_r=2&hp=&pagewanted=print&oref=slogin&oref=slogin
There is a dispiriting tone in the article that seems to acquiesce to at least the concept of censorship:
“…Even (Anthony) Lewis, a liberal, wrote… that he was inclined to relax some of the most stringent First Amendment protections ‘in an age when words have inspired acts of mass murder and terrorism.’ In particular, he called for a re-examination of the Supreme Court’s insistence that there is only one justification for making incitement a criminal offense: the likelihood of imminent violence.”
The Times, although tilting discussion of Canada’s odious, Orwellian Human Rights Commissions to the brief of critics of that encumbrance, also “loads” examples of Supreme Court affirmations of the First Amendment by citing decisions involving racists and Klansmen, construing these rulings as virtually misguided.
The simple fact is, whoever is the arbiter to define hate speech, controls all speech. The standard for what constitutes hate speech will default, naturally, to its most basic calibration: Hate speech is any speech I don't like.
Some of the most energetic lobbying for Web censorship comes from the Left, with the Anti-Defamation League and the Southern Poverty Law Center at the vanguard. Although avoiding the term “censorship”, these groups generally cloak their efforts to institute Internet policing as an extension of human-rights activism. To them, hate apparently is a unique manifestation of their political opposites, can be spread exponentially by information servers like the Internet – and can be righteously combated with legislation, often on an international scale.
It is within this context that ephemeral alliances emerge with right-wing groups – ubiquitous evangelical Christians taking the lead – in campaigns that target universally despised Internet manifestations like child porn and neo-Nazi sites. The repellant nature of these entities makes the idea of at least limited censorship, or “filtering”, an attractive option.
TPM poster Robert Feinman had an excellent entry this week on the decision by several ISPs to knuckle under to the Attorney General of New York and filter child-porn sites. Accurately (and chillingly) he entitled his piece "The End of the Internet."
http://tpmcafe.talkingpointsmemo.com/talk/2008/06/the-end-of-the-internet.php
What can be so wrong about getting rid of child porn – even if it requires muffling a noisome, vital Internet? Well, as Feinman points out, the New York child-porn mandates put ISPs in role of law-enforcers. Because child porn is already illegal, there are already sanctions against it. If ISPs are in the business of deciding what qualifies as the dread stuff, can they not be empowered with defining and sanctioning anything they deem objectionable in their jurisdictions of the Web? What will their standards be, and just how qualified are these companies to make such calls?
As Feinman points out in his post:
“Those suspected of participating in criminal activity can be monitored using well-established procedures including authorized wiretaps and the like... Will some people get away with it? Yes, but how many people are getting away with illegal drug use? No society can have 100% enforcement of its laws. The best that can be expected is that most people will be disinclined to engage in criminal activity and that this will keep the rate low enough that enforcement can catch the bulk of those still engaging in such activity.”
In democracies, censorship rarely comes to us garbed in the sinister livery of despots. It comes to us wrapped in good intentions, and from agreeably sound impetus like political necessity and public safety. There are always good reasons for censorship… and censorship is always a bad idea. To the degree that information is muzzled in any society, that society is'nt free. In open systems, the best ideas - the best procedures and mechanisms - are recognized more quickly than in oppressive ones simply because ideas can be debated, discussed and openly studied.
It's odd that America seems to grow as conversely amenable to censoring as it becomes more and more intolerant of those annoying Constitutional fetters on secret surveillance. Under the Bush Administration, even the gelatinous bonds of the Foreign Intelligence Surveillance Act were too cumbersome for the post-9/11 War on Terror; the legislation set up courts to hastily review and approve official requests to probe and bug, but with phantom terrorists lurking ‘round every corner, even that paltry judicial footprint apparently is unacceptable.
In Salon this week, Glen Greenwald takes note just how closely the media enables this kind of Constitution-shredding in a post about a particularly egregious scare article in the New York Times:
http://www.salon.com/opinion/greenwald/2008/06/10/lichtblau/index.html
In it, Times writer Eric Lichtblau drags from the ash heap every scary pretext to excuse companies that cooperated with the White House in its years-long essay in “extra-legal” electronic eavesdropping. The Times is an on-again, off-again proponent of telecom amnesty, a position made all-the-more condemnable by the Times’ long history as booster of Bush’s Mideast policies.
The record of deceit includes the now-legendary front-page Weapons of Mass Destruction stories by Judith Miller in the runup to the Iraq War – a sorry tradition continued by Michael Gordon’s battlefield coverage. But the biggest stain soiling the Times reputation is its own hand in homeland spying: The newspaper of record sat on knowledge of unwarranted domestic surveillance before the 2004 Presidential election – and continued to keep mum for almost a year afterward. The paper that once gave us all the news that’s fit to print now admits to embargoing news that would give us fits.
This long, sordid tale still hasn’t puddled and cooled, as evidenced by TPM Muckraker coverage this week of the always-ebullient Rep. Silvestre Reyes’ hints that a compromise may be near to allow Bush’s paid co-conspirators – most American telecom companies – off the hook. (In case anyone thought Congress was free of taint in this crap.)
The centerpiece hazard generally escapes attention in panic propaganda like Lichtblau’s: Future Presidents will see unlimited wiretap privilege as a political tool too valuable to surrender. If they feel no compunction to reveal who they're bugging, what's to keep them from bugging their domestic political opponents? And if there's no official sanction to keep them from doing so, they will. Period. That's been the "Rovian" aspect of the wiretap case from the beginning - national security be damned.
Big Brother is watching us... and would muzzle us, too. The media has been a willing handmaiden in domestic spying, and if the censors are instituted as Red State Commissars, can we genuinely doubt the lickspittle industry will go along? To absolutely no one's surprise, there have been reports over the past two weeks that news executives have helped quash naysaying on the Iraq war's prosecution. Self-censorship is still censorship.
The New York Times article quotes Harvey A. Silverglate, a civil liberties lawyer in Cambridge, Mass: “When times are tough, there seems to be a tendency to say there is too much freedom… Free speech matters because it works…"
Scrutiny and debate are more effective ways of combating hate speech than censorship, he said, and all the more so in the post-Sept. 11 era.
On the issues of censorship and surveillance, the real question is how much this government - or any government - trusts its citizens, and vice-versa. The degree of freedom in any society cleanly parallels that level of mutual trust.




