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As an update, more than a year has passed, and so much

can change. Hunger and nihilism and disbelief can eat


everything. This was written in innocence a year ago
february 2009, when twitter was a little bit new.
I do not like prose and how it sticks in the throat.
But many of the ideas in this awkward paper inform me
now, revive me. It was written for my awkward class with
an awkward professor who awkwardly spoke so
disrespectfully of women, I could not brook it now, being
who I am now, 3-19-10. And through the misprision and
distorted view of an assignment, I hoped to help him and
myself back to a place where language was meaningful
anything besides vicious lies.
As I now embark on a rigorous schedule of over-committed
web activism for disbartorturelawers.com, research for the
humanitarian law project, networking with the lawyer's
guild, disabilities activism, bambusering law lectures,
environmental studies, in addition to my classes, I feel
more than ever before sick to my stomach with grief.
And so read below with hesitation, and situate it back into
cyclical time, in february 2009, with almost 400 fewer days
of torture, grief, and lies to inform every word.
And if you ask who's optimistic? I say me, horrors later, I
want to write the telegram that might save lives, save
hearts, end genocide, give shelter.
Will you listen to the screams of torture now?
Will you listen closely, and take the gag tape off your own
mouth?
Of yore:
The First Amendment came from an arena where non-
slaves, who were men, who were non-indigenous European
Americans could speak freely as the revolt vs. monarchy
led them to seek freedom outside of ancient regimes.
Literacy was a protected right of landed non-slave classes
and thus freedom of speech and especially the press was a
privilege of literacy, purchase, and identity.
As teaching a slave to read was a crime in much of the
slavestate south, freedom of speech re: the press was
naturally restricted according to classist and racializing
identity fallacies promulgated by the dominant sector.
As suffrage is in a sense, a form of speech, suffrage too,
was restricted as a free form of expression for landed and
masculine European descended groups only.
The restriction through the next century against suffrage for
women, and their exclusion from educational facilities
(now protected for elite classes or debtors) limited their
access to freedom of speech, the press, and suffrage
“speech through voting.”
In a sense, the notion of democracy was contingent on who
were actually considered "demos"--greek for people.
Women, slaves, and indigenous Americans, as non-people,
or subhuman, were non-participatory in the full expressions
of speech, the press, and suffrage.
The restrictions also ostracized indentured servants of
European descent, and the non-landed, or non-property
owners.
The very capacity to disseminate information, by having a
press, for mass production of leaflets, was limited
obviously by the property wealth permitting access to such
machinery. The technology of ink allowed for the nailed
broadside to stand in a public place, as illustrated by the
controversial Theses of Luther.
Resolving Conflicts of speech enters the competing realms
of semantics, linguistics, economics, and the law.

Rights are not absolute in the protection of other competing


civil rights, now somewhat commonly applicable to all
humans.
The spoken or printed derogation of human dignity such
that it participates in incitation to violence, is not protected.
Who decides where that connection begins is a moral and
power issue.

Unprotected speech varies internationally, as Ebay ran


afoul of anti-swastika legislation in France by selling
memorabilia on the interweb.
This type of legislation has at heart, the prevention of
incitation to genocide and hate crime.
Similarly, New York City sought to ban a Latinate word
derivative which has historically held severe resonances of
hatred and brutality of racist intent. The unlimited free
speech advocates saw this restriction as impediment and
undue governmental interference.

Strict scrutiny involves compelling governmental interest,


and ignorance becomes no excuse.

Intermediate Scrutiny
“ applies to regulation that does not directly target speech
but has a substantial impact on a particular message. It
applies to time, place, and manner restrictions on speech,
for example, with the additional requirement of "adequate
alternative channels of communication." In other words, if
restricting the time, place, or manner of speech means that
speech cannot take place at all, the regulation fails
intermediate scrutiny.” (wikipedia)
and deals with protection of commercial speech and sub-
groups such as children.
Government Facilities should be as content neutral as
possible, and true separation of church and state has sadly
been but a dream of the non-religious.
Media should be bias-disclosive as well.
The media, if acting as puppet mouthpiece for a special
interest, should disclose those interests.

Corporate speech is the most despicable and protected free


speech of all, and will slander (or kill via war) any sub-
group to make a sale, and promulgate multifarious
prejudices to infect our minds with advertising, for
pharmaceuticals, GMO crops, hummers (tax incentivized),
plastic surgery, bombs, and the racisms and sexisms du
jour.
Corporate speech is the most free, and the codified
restrictions against appropriation or consumer deception are
slowly enforced by inadequately adjudicated punitive
measures.
Money buys speech.
As federally funded scientific research bows in practice to
corporate pressure groups, even science, with its purported
objectivity is censored or eliminated along corporate profit-
motivated lines
Subversively the internet broadband has tunneled into our
homes, and the commerce of information allows anyone
moderately affluent to access web-speech, the laws of any
era or country, and possible defamation of any person or
entity.
One might be excluded from a certain chat room, or
society, as was Ezra Pound whose nonsensical broadcasts
on Italian radio were perceived as treasonous. His virulent
anti-semitism, I would argue is never respectful of the
rights of innocence, but his speech was not free. It was
treason.
All racisms, sexisms, classisms, homophobias, prejudices,
and their operations work on the principle of guilt before
being proved innocent, in violation of natural law, in which
human dignity is a universal right.
And more people are commonly considered human than
heretofore, when that was previously the province of a
landed, European-descended, low-melanin pigmented, male
dominant homo sapiens primate group.
Waiver of free speech rights may occur for corporate
protection. It may occur at the settlement of a dispute. It
may occur in the pledge of allegiance as it brainwashes the
minds of children daily. It may occur in deference to any
notion of authority, be that spouse, cleric, president, CEO,
corporate entity, employer, jailer, media outlet----etc. i.e.
the dominant primate/entity in the primate group.
How do such entities arise to dominance, and how do they
limit speech? Power, money, and information underlie our
need for survival.
Survival is speech, deferred to another day.
Survivial is speech by way of existence.
Survival through silence or submission to censorship, buys
speech for another day.
Racial profiling is speech by a dominant group, of racists
for the benefit of expressing dominance, through state
funded performative expression.
The government expresses and finances the hatespeech and
hateviolence of what we hope is the racist minority.
Fear is speech and can be encoded into beings’ expression
through many means. What you buy, how you walk, where
you live, expresses your fears and suspicions.
Consumership is the new free speech of the corporate era.
As the economy crumbles we will find new ways of
expressing things, and perhaps become more creative.

To answer the question “In today’s mega-media society,


are there any serious flaws in
the market-place-of-ideas,
discovery-of-truth
justification
for freedom of speech?”, one might suggest yes the answer
is money, in government, as it buys research, power,
politics, education, broadband internet, immunity from
grievous damage to human persons.
And what is money? Why does it buy speech, buy
politicians, buy war, buy information, and information’s
suppression? Why does it buy lawyers? And what do
lawyers know, and what is the law and why does it assist
free speech being more accessible to some groups over
others?
How are the racially profiled incarcerated persons of our
military industrial complex denied access to speech?
How do the homeless have limited access to speech?
How is the very existence of the homeless, and their
persistence, and their survival, a form of silent speech
defaming coporate greed, the warmachine, and the
prisoners of affluence?
The word “truth” came from an old English word “troeth”
which was an active word meaning that which is reckoned,
believed to be so, and promised for accordingly.
The limits of subjectivity and self-interest underlie the
fallacy of objectivity.
It is important to uncover what is meant by “truth” and by
whom and for what reason.
The marketplace of ideas will occur in our heads with the
assistance of technology, so long as the energy grid does
not blackout entirely, and the ecosuicide does not unravel
our civilization entirely.
after that the oral tradition, or babylon, or a collective
consciousness might remain.
what would it teach us of speech, and injury to dignity?
What one can learn, of the law, and of languages and a
comparative analysis thereof would befit the new
Tiresiases, as we might all be blinded by greed or the
destruction of the earth, eventually.

America is insular and excessively self-reflexive. I think


we should look at comparative international law to
approach a more fair understanding of speech.
The right to freedom of information and education is
enshrined in the first paragraphs of the Swedish
constitution.
The concept of hate speech is more tightly regulated there
but the police are afraid of the neo-nazis and buckle when
they march Stockholm. . .
The Swedish flag has been co-opted by neo-nazis of
Sweden. And as such an innocent symbol becomes a
subverted expression of hatred and maliciously plotted
violence.

Swedish minister was sent to jail for calling homosexuals


sinners as this speech violated their equal status . . .
Defamatory?
Incitation to violence?
And as religion might derogate civil rights or infiltrate the
laws of a people, might civil rights precede religious right
to (or excuse for) hatred and hate speech or the
imprisonment, beating, and civil derogation of women’s
bodies as enshrined in the Iran penal Code, and the letters
of Paul in the Christian pre-internet cave painting known as
“the bible.”
People for the Ethical Treatment of Animals in early
February 2009 impersonated the KKK in illustration of a
misguided analogy between pedigreed dog breeders and
murderous southern racist hate-group the Ku Klux Klan,
famous for lynchings, beatings, and torture.
To impersonate a hate group in a public square of New
York City, as passersby shrink in horror and take pics and
video, does little to help the plight of non-human animals.
The resonance of hatred, extremism, murder, and torture,
should be unprotected speech,as the reverberations of
hatred work as dominoes for hate crime.
As hatecrime/speech also unprotected should be the racist
public execution by police of Oscar Grant in handcuffs in
Oakland in the second hour of 2009, January first.
The connection between hate speech and hate crime, racial
profiling, and the daily restriction and impediment of
human dignity is multifarious and dangerous.
NYPost’s recent racist cartoon disrupts human dignity,
interrupts civil rights, and impedes equality, and incites
violent attitudes. The exacerbation of violent
methodologies is dangerous for us all.
The inflammatory New Yorker (obamas as militant
terrorists ) cover 2008 summer was another example of
right-wing racism attempting to mainstream itself into the
middlemind of consciousness.
The disguise of sarcasm, belies an ultimate lack of
sensitivity entirely.
Government regulation might be helpful but what will
transcend government and its corrupt manifestations is
consciousness, as it permutates in a Jungian sense.
Email campaigns, books, the internet, and direct action will
disrupt the mechanisms of hatespeech and hateviolence as
they restrict freedom and infect the vernacular, the law, and
the law’s application.

Genocide is the hatespeech/crime of nationstatehood


fallacy. Genocide rips language from our mouths.
Crimes of humanity occur blocks away as human beings
suffer thirst, hunger, violence on city streets. Genocide
occurs this very moment. Pogroms occur. TV lobotomizes
as it narcotizes.
With the ICC warrant for the president of Sudan issued, an
international community is starting to address the urgency
of this suffering . . .
But meanwhile, how can we claim our language choice has
no connection . . .
Hate crimes of homophobia, murders, higher-suicide rates
among the marginalized, higher levels of depression . . . are
evidence that speech is action, or enacts harm.
Primate torture is also protected speech of industry, as
better models emerge scientifically, researchers retain
federal grants for redundant experimentation
And protect their sinecures.
Disruption of profit motive is the ultimate crime of new
facisms
profitspeech being predicated on hate genocide destruction
diamond mines, British Petroleom's polluting oil flares
(Monbiot for the guardian UK)
in Africa, in the congo, in the middle east, in South Africa
inequities slander humanity against itself
value and false value judgementation
ala
Animal Enterprise Terrorism Act leaves
Four berkely students arrested for leaving fliers at a café
In 2009 february this is the state of free speech.
The state has spoken. And power and force and denial of
freedom of movement, and freedom of information
distribution are at crisis.
Disruption of animal enterprise by
Information distribution
Gives corporate profit expression primacy
Over personal philosophies of love and concern for animal
welfare.
Which is why therefore
Identity is the real crime
And true operatives of truth will either embrace martyrdom
or carefully dissolve all identity in the crowd or through
intricate packet based transmission channels which jam
identity readers ala
Culture jammers
Text-message generated
flashmob
Nouveau anarchisme
No power
No authorship where resides
Freedom
Freedom=information
In the flash mob in china
Post tieneman square
we the people
Will speak as and when we can
Before we are silenced
By psychiatrists, prisons, chatroom flagging, starvation,
poverty, classism, sexism, racism, and solitude as they
permeate our social medias and societal expressions,
including the law and corporate proliferation.
and as the DARPA net
(http://www.darpa.mil/internetbibliography.html),
Carnivore, and Narus Insight
(http://en.wikipedia.org/wiki/NarusInsight) surveille us and
have shared connections with or investments in Facebook
which can now serve a legally binding summons
(http://tech.yahoo.com/blogs/null/112823), how do we
speak at all? And do we not have the right to remain silent,
when the incrimination of speech becomes irresistible to
our social neediness?
from wiki:
"The Information Awareness Office (IAO) was established
by the Defense Advanced Research Projects Agency
(DARPA) in January 2002 to bring together several
DARPA projects focused on applying information
technology to counter asymmetric threats to national
security. The IAO mission was to "imagine, develop, apply,
integrate, demonstrate and transition information
technologies, components and prototype, closed-loop,
information systems that will counter asymmetric threats
by achieving total information awareness".

Following public criticism that the development and


deployment of these technologies could potentially lead to
a mass surveillance system, the IAO was defunded by
Congress in 2003, although several of the projects run
under IAO have continued under different funding."
Total information might prevail as an ideal, but who will
have time to delve into our self-incrimination?
from wiki:

"Narus is a US private company which produces mass


surveillance systems. It was founded in 1997 by Ori Cohen,
who had been in charge of technology development for
VDONet, an early media streaming pioneer.[1]

It is notable for being the creator of NarusInsight, a


supercomputer system which is used by the NSA and other
bodies to perform mass surveillance and monitoring of
citizens' and corporations' Internet communications in real-
time, and whose installation in AT&T's San Francisco
Internet backbone gave rise to a 2006 class action lawsuit
by the Electronic Frontier Foundation against AT&T. "