Free Speech Documentary Maker Eyes Sotomayor Decision
Reader Comments
Looking forward to it...
I anxiously await "Shouting Fire: Stories From the Edge of Free Speech". It sounds excellent. Martin Garbus, no matter how "liberal" (I'm a Libertarian and a libertarian) deserves the status of a hero in our society, even if he had only defended Bruce.
Martin Garbus sounds like more of a liberal in the sense that Hayek was a "liberal" (from the old tradition of liberal, which meant libertarian). I will be very interested to see if her documentary contains interviews with Charles Alan Kors and Harvey Silverglate of "The Foundation for Individual Rights in Education". "The FIRE" has recently defended predominantly right wing and libertarian students against campus "speech codes". (Those of you who have recently attended college know that certain speech is forbidden. As in "Thou shalt not" criticize blacks, gays, welfare, socialism, etc., ...or risk your comments being labeled as "hate speech", and yourself as "reactionary".)
I am also amazed that liberals all across the nation have not found out about the case "Turney v. Alaska".
"Turney v. Alaska" is THE most important First Amendment case to be rejected by the Supreme Court for years. Frank Turney was arrested for handing information to people in front of a courthouse (read "tyranny outpost") in Fairbanks, Alaska. The informational pamphlets he was handing out contained true information (upheld by "John Peter Zenger" in 1735!), about juror's rights in relation to those of the judge.
Now then, since this information is true, it is not illegal for jurors to possess it, even if they are seated.
The information also contained information about the historical addition of prosecutorial juror questioning ("voir dire") to courtroom procedure. Even though "voir dire" is a relatively recent and arguably unconstitutional phenomenon, (1850-present), Turney was alleged to have broken Alaska's "jury tampering" law by handing out the information (which directly ignores the First Amendment). ("Voir dire" was added to the pretrial by post-"Fugitive Slave Act" judges in order to rig Northern juries in favor of convictions, by eliminating those who disagreed with the Fugitive Slave Law from sitting on juries.)
"Turney v. Alaska" is where the USA confirmed that it has lost its sole check on government power: randomly-seated juries, and free expression of USEFUL anti-government speech.
Turney's speech was damaging to those parts of the state that large minorities disagree with. He was charged with breaking the jury tampering law only after a juror who had been handed a pamphlet of his voted to acquit a man of an unconstitutional gun charge.
In so doing, Turney was simply showing the jury their lawful power, upheld by "Laura Kriho v. the State of Colorado" (2000).
Turney's conviction and jail sentence, if left to stand, throws out the First and Sixth Amendments to the US Constitution.
Sounds like we need the Garbus family on this case!
Call me at 907-250-5503 if you like.
