FC: Gerard Van der Leun on traitors, free speech, and Ashcroftitus

From: Declan McCullagh (declanat_private)
Date: Tue Jul 01 2003 - 18:50:16 PDT

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    Gerard is one of my favorite writers. Make sure you read his famous "A 
    Open-Source Apology to Lawrence Lessig" (with apologies to Keats, Chapman, 
    and Homer):
    http://www.politechbot.com/p-00731.html
    
    And this is Jamie's message from earlier today:
    http://www.politechbot.com/p-04912.html
    
    -Declan
    
    ---
    
    Date: Tue, 01 Jul 2003 18:15:08 -0700
    Subject: Re: FC: Jamie McCarthy on "treason" claims from the right and the
    	left
    From: Gerard Van der Leun <gvdlat_private>
    To: <declanat_private>
    Message-ID: <BB27802C.1F69%gvdlat_private>
    In-Reply-To: <5.2.1.1.0.20030701162607.0445c1d8at_private>
    
    Mc Carthy has done some very worthwhile searching on this issue of treason
    and I read the citations with interest.
    
    While I understand that the flinging about of "traitor" and "treason" is a
    phenomenon closely associated with the last two years than immediately
    before, it all, in the end strikes me as merely much of a muchness. Indeed,
    it is the same category of those who are always going on about the
    suppression of their free speech in front of a raft of various media only
    too ready to lay their plaints before a world ready to listen.
    
    In the case of Treason as in the case of Free Speech, I am always left
    wondering how so many can concatenate the actions of the citizens of the
    United States with the Government of the United States. It seems to me that
    I can, or you can, or any person can call another a traitor, or say that his
    or her behavior is treasonous at any time and on any pretext. At most we
    risk a suit for libel or slander, but it would seem that it is the accuser
    that is much more at risk here than the accused.  The accuser, in this case
    Anne Coulter, is not - at least as far as I am aware - a lawfully empowered
    agent of the Federal Government. She is as free to call any individual or
    group a traitor as would be, say, James Carville would be to call Coulter a
    'whacked out bimbo with the political morals of a ferret." Not that such a
    southern gentleman as Carville would ever utter such a sentiment.
    
    In like manner, those who carp about the suppression of their speech always
    make me wonder what part of "Congress shall make no law..." they fail to
    comprehend. As a citizen, it seems to me that I am perfectly at liberty to
    say "Declan is an American set upon the destruction of this country by
    consistently filing reports that do not make it comfortable for the powers
    that be and failing to toe the Washington Establishment line in exchange for
    lots of free lunches with lobbyists. Because of this his web site should be
    shut down and he should be imprisoned for a very long time in a very small
    room with a television that only receives Fox News." I can call for this
    daily and it doesn't seem to me there's much that can be done to stop me. My
    speech certainly can't suppress yours.
    
    Hence I don't see from what source all the anxiety arises about charges of
    treason and suppression of speech as long as it arises from an individual or
    an organization with no formal ties to the government.
    
    Should the government actively see to put someone on trial for treason, I
    think they would probably need more than Anne Coulter's observations and
    assertions. Indeed, the requirements for such a charge are spelled out in
    some detail in the Constitution as I recall, but I won't rehearse them here.
    
    Likewise, should the government attempt to formally shut down Politechbot in
    response to something transmitted on it, it had better be something akin to
    childporn or a secret terrorist message embedded deep within that jpeg of
    Phil Zimmermann (very clever that) to avoid a firestorm of protest and the
    launching of 30  Habeas Corpus packing ACLU lawyers from their underground
    silos in San Francisco.
    
    Yes, I know, I know about Ashcroft but I've still to get a real case of
    Ashcroftitus raising a rash on my brain. In so many places and at so many
    times, the man has shown himself to be a gasbag. A dangerous one to be sure,
    but it really isn't in what he says, it is in what he can do that counts.
    
    Likewise, it is in what the government can do and not so much in what it
    says that we need to be ready to be alarmed.
    
    Does Anne Coulter command the Justice Department or the National Guard? Does
    Bill O'Reilly have the power to shut down the presses of the New York Times?
    I know it is fun to get all hot and bothered by these professional
    blatherers, but until such time as they meld into the Government, it might
    be best for every one to take a deep breath and say, with Glinda the Good
    Witch: ³You have no power here. Begone, before somebody drops a house on
    you.²
    
    ---
    
    From: "Nathan Cochrane" <ncochraneat_private>
    To: <declanat_private>
    Subject: RE: Jamie McCarthy on "treason" claims from the right and the left
    Date: Wed, 2 Jul 2003 11:01:29 +1000
    Hi Declan
    
    To the British at the time, the US was founded on the traitorous actions of
    the colonies' subjects. The patriots to modern Americans were viewed as
    traitors to the Crown. And if any state tried now to do what the US holds
    high as the mark of liberation (ie secede), the rebels would be put down
    violently by the current Administration.
    
    ---
    
    Reply-To: <jktaberat_private>
    From: "John K. Taber" <jktaberat_private>
    To: <declanat_private>
    Subject: RE: Jamie McCarthy on "treason" claims from the right and the left
    Date: Tue, 1 Jul 2003 17:12:37 -0500
    
    While this is an interesting compilation, it seems to
    me that McCarthy strains pretty hard to include the Left
    in the list of treason criers.
    
    It plain isn't what I observe on Usenet. The overwhelming
    preponderance (and no, I haven't counted) of accusations
    come from the right, and are charged against Democrats
    and Liberals, not the more traditional targets of the
    Left, such as commies and socialists and one-worlders.
    
    Note the preponderance of newsmax as McCarthy's sources.
    That's what I observe too.
    
    I find the prevalence of these accusations disturbing,
    especially since they are not disavowed by presumably
    more responsible leaders in, say, the Republican Party,
    or the Right Wing movements.
    
    I'm a nominal Democrat, and sometimes in arguments
    people accuse me of being a "lib'rul" though I don't
    find myself so. Depending on their passion, I'm even
    accused of socialism or communism, which is preposterous.
    Basically, I disagree with them on some dip-ship point
    that they hold dear. People have a problem with
    disagreement.
    
    So what does Ann Coulter mean, calling Democrats traitors?
    That I should be shot? Thrown in a concentration camp?
    Denied my civil rights? And why doesn't a more responsible
    spokesperson disavow her claims? Say, Grover Norquist, or
    Christopher Ruddy. Ruddy's website, newsmax, instead is
    pushing her book.
    
    As I read them, the extreme Right is asking for civil
    war. It's not just name calling. Is that what we want?
    
    I take offense. And if you or they really want civil
    war, there are those who will give it to them. Do you
    want that?
    
    The Right is not just name calling.
    
    As for the Left, McCarthy is straining to find similar
    accusations. The Left is so weak and marginalized
    it is not important. You have to get to hardcore
    Trotskyites before you can find similar hateful
    speech. They say they want to kill the Ruling Class,
    whatever that is. Nobody, but nobody, can pretend
    that the Trots are an important political group.
    
    That is not the case for Coulter or Ruddy. They
    ARE important.
    
    
    John K. Taber
    
    
    
    
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