Obama Falsely Shouts Fire

It is more than coincidence that an HBO film on free speech, Shouting Fire, dealing with the Bush attempt to stop free speech is on tonight.

Obama's campaign promise was for a transparent government, yet this past Friday, after 3pm, hoping to avoid the weekend news cycle, his administration announced major events he hoped the public would not see.

Denying the public information, rejecting the public's free speech "right to know" has become a pattern of this administration. Obama has become radical in his commitment to secrecy, not totally unlike the Bush administration.

Late Friday, June 26, 2009:

1. Obama announced a plan to draft laws to detain terror suspects indefinitely.
2. Obama announced it would be done by exec order so as to bypass Congress. The Washington Post article which caught the events was entitled "Executive order of detainees would sidestep Congress."
3. Obama's Attorney General told a federal judge that the suit by the families of the four detainees who committed suicide at the Guantanamo Bay prison should be dismissed because the issue is "fraught with political and military concerns" and Cheney, the government lawyers and the others have immunity from prosecution.
4. Obama's Attorney General again delayed release of a 2004 CIA report which paved the way for detainee waterboarding, sleep deprivation and physical abuse. An extraordinary article by Luke Mitchell in this month's Harper's Magazine shows we are continuing that torture.
5. Obama's Attorney General delayed, again, turning over 35 Bush Era defense documents to Judge William K. Hellerstein, a New York federal judge on a suit filed by the ACLU.

Present First Amendment law arises mostly out of cases dealing with the threats of mob violence. In Brandenburg v. Ohio, a case decided in June 1969, exactly 40 years ago, where there was a Ku Klux Klan mob armed with shotguns, rifles and ammunition, the Court stated the test is whether the speech to the mob was incitement to imminent lawless action.

The prohibition against shouting "fire" in a crowded theatre is the ordinary person's understanding of what First Amendment law tests are. It is the popular way of describing the test that the danger must be imminent. Shouting Fire is the title of an HBO film airing tonight (full disclosure: my daughter, Liz Garbus, directs it, and I am in it) and specifically deals with some of these issues. The film dramatically shows the possibility of theatergoers being trampled after "fire" is cried and why the speaker can be punished. The danger is clearly "imminent" that is the only time speech can be stripped.

Speech can also be stopped, the law tells us, in cases of national security where the danger of lawless action is imminent. This does not apply to any of the Obama Administration's attempt to control the release of information. His "Shouting Fire" should not be taken seriously.

The Pentagon Papers (a study commissioned by the government) case, discussed at length in the HBO film, shows the dangers of suppression of material. It contradicts the public's right to get all the information so it can make informed judgments about our presidents' policies. The cases in Court today show, as the Pentagon Papers case did, why we got into war, what we did to the population fought, why and how we tortured, and today torture Guantanamo inmates.

Hasn't he learned.

We see the similarities between the two administrations; similarities Obama promised us we would never see.

The First Amendment requires the government to be transparent. It requires the people be told exactly what the government is doing in their name. That is what democracy is about.

Obama's attempt at secrecy, continued torture and repression of speech must be stopped.

Comments

[BillMelater]

Oh garsh, you convinced me... Obama is an evil doer hellbent on destroying American society and life on the planet as we know it. I'm turning Republican tomorrow... NOT!

[peterg76]

Besides the disappointment of Obama making some real but limited improvements over Bush, I really expected more subtlety from him.

[indeevoter]

What a politician thinks (and says) he can do during a campaign is often quite different than what he learns he can say and do when governing. ANYone who doesn't get that is either incredibly ill-informed - or naive. Do some politicians lie during the campaign? Hell yeah! But some of them just discover a different reality when they have to govern.

It's easy to bitch and moan from the cheap seats - which is where we all sit whether we're journalists, activists, or just every day Americans. WE don't have to govern. WE don't have to consider the negative ramifications of whatever it is we want the president (or governor, or senator) to do TODAY. Often, maybe even usually, we don't even know what those ramifications are. Too often, we just don't give a damn.

Thinking is too much trouble. Trusting is out of the question. The only truth is the truth WE see! We want what we want when we want it...and let the chips fall where they may.

This is the message I come across at least once a day - from a blogger, a columnist, a commenter. It's depressing.

[TheHandyman]

What you just said is for the most part bull puckey! The elected people in Washington weren't walking down their street one day and found themselves in Washington the next. Obama was a Senator before he ran for President. Obama well knew the realities of governing from his previous experience. All these people have a history of working their way up through the political ranks to get where they are. What it is that they have learned is that they can say they believe in, or that they will work for, or that they will even do, whatever it is that will get them the votes to win. They also know that the People have become so disenchanted with the system that they will then shrug their shoulders, throw up their hands, and say what the fralk?

Your comments about governing is horse manure. What the building of consensus is all about is who owes what to whom. Both parties are pretty much owned by the same corporations and wealthy elite. The real problem for the Pols in Washington is how to do their Masters' bidding while making it appear they are helping the People. Your explanation is nothing more than what they would like you to believe, not what is!

[dadw5boys]

There are some things the President must keep secret to move ahead in FORGEIN POLICY.

If the BUSH EFFECT keeps being brought up the people Obama must deal with on Forgein Policy are not going to be very aggreeable to anything.

DON'T HANDICAP OBAMA WITH THE EFFECT OF BUSH'S BAD DECISIONS !!!!!!

[YewNeekId]

Take off the tin foil hat sparky and you'll be able to see that the Obama that ran for president and the Obama that is president are two completely different men.

The guy that ran for president was the Billy Mays of politics - promising miracles and repair of the damage that Bush did. The guy who is actually president now is just a bush of a different color.

[Boyaca]

Thats right. it did not take him long to find out who really owns the place and makes the decisions. He will do as he is told or one or more of the groups that own the place will soon have him replaced. By killing him if no other way can be found. The Banks, CIA, Pentagon, Big Coal, Big OIL, K Street,The Health insurance Industry, The Drug Companies, The National Rifle Assosiation, Boeing and the rest of the weapons manfacturers, thoes guys own the place. Have you ever asked yourself why those groups are so Gung Ho on Democracy? It is because they can corrupt it the way it is in the USA right now. That is their world model. That is how they can control the world. Democracy is a Trojan Horse. All other evils can be perpetrated on an innocent public after democracy has been established. The USA is living proof.

[Rule Of Law]

Yew--gawd I hate that phrase, "tinfoil hat!"

If it weren't that the rest of your post makes sense, I'd think you were one of those limited intellects that defends Obama in spite of the more than apparent truth that much of what he has done was done in Bush's image.

On the other hand, you should know that the whole tinfoil smackdown usually applies to folks on our side of the argument, and other borderline conspiracy theorists, who understand that Wall Street and DC are a giant revolving door.

That said, Dadw5boys is a poster/buddy of mine and has a lot to offer on many subjects and really doesn't deserve any kind of treatment that sounds like the "why do you hate America so much" b.s. that we've had to endure for the last 8 years.

I'll bet if you list some of the areas that Obama has not kept his word it would go a lot farther toward making your argument and, maybe even, winning converts.

[Savanna]

Goodness, it seems like to me that he has done a great deal since entering office. He never promised you that he would be perfect. He has always been a practical man. Our government is
a "dog eat dog" world and we as a people seem only be able to criticize. There are hugh legal issues
that have been created with our "little" experiment with tortue in Cuba. It is going to take a long time
to work it all out.
It is a great day to have Barack Obama as President. He at least doesn't stand in front of the world and declare everyone evil but himself...defined in many circles as a gross paranoia.

[WorldofTomorrow420]

I don't find it a compelling argument that Obama is not as bad as Bush. Neither are a lot of people. The problem is that Obama is a big bait-and0switch game, and has implemented ( or not) numerous policies starkly different from those he told us he would implement.

[ConjureMan]

W.W.H.D?(what would Hillary do?)and would she allow all the ap-cray from the Blue Dog Dem's over the Health Care Bill? Eye don't think sew...

[Malkin71]

It seems as if Obama is sacrificing promise after promise and principle after principle...

It seems like health care is his main goal, if he succeeds, so be it, we'll see where he goes from there.

But, if he acquiesces on all of these issues and still can't deliver health care reform with a full public option, then he has either failed or sold out.

[TheHandyman]

His legacy will not be health care reform because he does not support single payer, the only reform that would work and solve the problem. He took too much money from the industry to ever be willing to kill it off. And that goes pretty much for all of Congress too!

[TheBurdicks]

What an incredible disappointment is this man, Barack Obama!

If you want Change, you may as well look for it in the dictionary. You'll find it somewhere between Capitalism and Corporation.

We must organize a third party. We may not prevail, but maybe we can cost the "center right" the next election, and prove to the nation that there is not an inch between the "center right" and the neocons of the far right. Maybe the only way to get the American people to wake up.

[rosa999]

We had a third party in the last election with a wonderful candidate, Cynthia McKinney. She ran as the Green Party candidate. I voted for her, and I will vote for her every time she runs. I'm getting too old to keep voting for what I know is a corporate candidate.

[noneIn2008]

Finally heard the new term for "tax". Cap N trade is not a tax, it is a "cost pass through". Obama will not increase taxes, but hang on the other cost pass throughs to come. Change is in the thesaurus.

[Lochmon]

Nothing to do with the topic, but, okay. Yeah, carbon caps are going to cost you -- and me -- more money. Whatever they choose to call it. But that's not necessarily a bad thing.

Food inspections make food more expensive. It's a good expense (when inspectors really do their job), with a measurable improvement in health and longevity in our nation and others. If you don't like it, you can still grow your own.

Building standards make walls and roofs and such more expensive. Yeah, some inspectors are corrupt, and some buildings still fall down, but not as many (whether from earthquake, fire, flood, high winds, or "it just got tired"). There are still places willing to let you fling up buildings without codes, if you'd rather move to such a place.

Automobiles... fall down on your knees and praise Ralph Nader and "Unsafe At Any Speed". Or stand on your feet, declare your independence of autos, and walk like the Good Lord gave you two legs to walk on. Or push the pedals on a bicycle, I don't care, but those have safety standards too.

Financial investments... ah, never mind, we'll see how the latest to-and-fro on that works out.

The energy you burn like a fellow energy-rich American... the pollution this causes... terrorists supported by the oil for the energy you want... inherent waste in current energy production... profits on top of that waste...

It's really no different from a plate full of "Mystery Meat". Enjoy!

[EgyptianMysterySchool]

"The First Amendment requires the government to be transparent. It requires the people be told exactly what the government is doing in their name. That is what democracy is about.

Obama's attempt at secrecy, continued torture and repression of speech must be stopped."

Obama's AG cares nothing about the first amendment, he's on record saying that he would restrict free speech and I'm sure Obama was aware of that when he hired him, which means Obama cares nothing about the first amendment...
http://www.youtube.com/watch?v=aRbTtjoa0JY

http://www.youtube.com/watch?v=G9mrenI9EuQ

I stopped apologizing for Obama on Nov. 5th - I wish everyone else would do the same. I realized after I voted for him that I really didn't know anything about him - except for the carefully crafted campaign infomercial that ran for two years. My research into his associations and the associations and the memberships and associations of his cabinet and advisers is down right dangerous and treasonous.

By the time people stop drinking the kool-aid it'll be too late.

[Lochmon]

Actually,

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

the First Amendment does not make any requirement that the government be transparent, unfortunately. Maybe the author of this article was referencing some interpretation that does not derive from the literal words of the amendment.

[S1m0n]

The Obama 'policy announcements' he's claiming to be talking about don't exist, either. Six books on constitutional law, eh? Can anyone verify that?

[EgyptianMysterySchool]

I see your point, but a number of the issues that he raises could come under the last sentence - the right to petition the government for a redress of grievances.

Secrecy, indefinite detentions and trying to have court cases dismissed all violate that right.

[BluntlyStated]

I admire your honesty. Sadly, you're right. I've wondered all along if having the ability to run a successful campaign necessarily meant that Obama and those around him would run a successful administration.

Someone else made the "opiate for the masses" comment. While Rush Limbaugh -ironically- didn't like him for it, far too many Americans were swept up by "Hope" and "Change" and the rhetoric and propaganda that followed. Not that I'm a huge fan of all of what Bush did, but this President is infuriating on both sides of the aisle. I'm not very optimistic about him and I think that, as with Bush, the American people only have themselves and their sell-out style media to blame. He's a politician, folks. This is what they do.

I'm most bothered by the way he greasily skates and snickers around questions asked him about campaign promises. Age old reasoning here; if something sounds too good to be true, it usually is. At least it's not Pelosi in charge...yet.

[ConjureMan]

Bernie Maddoff is in the White House! Do you feel like you were hustled last November. I sure do.

[EgyptianMysterySchool]

Our two party system is only the illusion of choice - in actuality they are both the same. Our government is like professional wrestling.

[super]

Has Dick Cheney joined the Obama administration?

[Rule Of Law]

LOL!

[TJCole]

Obama is the Opiate of the Masses... Martin...

Hey I still got the skinny on Sam Alito your secretary's got the number...

[gotalifepost]

Do tell.

[JDM73]

Obama's performance so far is disheartening, there's no way around it. but I'm encouraged by the fact that more people seem to be sitting up, taking notice, and holding him accountable. For a while there, I thought progressives were going to let him get away with anything and everything.

[Lochmon]

You got that right... if we act like he can do no wrong, then he cannot.

Ironically, I expected Obama strong on domestic policies, less so on foreign affairs. I was wrong. He has been astonishingly good on foreign affairs... from the pirate "kill" order, to his finesse in the Middle East.

But for domestic... he told the Repubs "I won, you lost", a good counter-balance to bipartisanship... but it was a blip on the radar. The Democrats at large don't seem to grasp that there's no reason to be in the majority if they don't USE it. Repubs would not be so far down if most Americans liked their ideas. The other elected Dems started out following the president's lead, but Obama's doing all this compromising, and now they're all compromising even when there's no need.

Obama still has potential to be a great president -- IF he works it hard for the important stuff. (Governmental transparency--to the greatest extent possible--is part of what's really important.) In this sick political environment in the USA, it might still be too soon for the kind of changes in health care, energy/pollution reform, finance regulation, LGBT issues, etc. etc. that we need. If so, then far better for Obama to be a majestic failure who TRIED his DAMNDEST to make it all happen, than to give us badly-flawed legislation that muddles everything without fixing anything. Then he'd leave a legacy our nation would eventually catch up with.

[TheHandyman]

Foriegn policy is always easier because the People don't really know what is being done in their name and they don't get to agree or disagree about it. Domestic policy is where the rubber meets the road and we know where our interests lie and when they aren't being addressed.

[lyta]

Problem is even with a "democratic" majority in both houses, as the past months have shown we don't have a majority of democrats. They are all fighting their own little battles to get re-elected and prove to THEIR particular constituents they are doing the right thing based on their constituents beliefs. So we have no real majority. He knows that, he knows what they are up against in 2010. We need patience and we can't expect omniscience from one man no matter who he is. I do not want the public to know what might endanger my son in Iraq, Afghanistan or anywhere else. Also those he wants to detain indefinitely can't be put anywhere due to our Legislators and some voters saying "not in my backyard" and so countries slated to take them backed out and rightfully so. Also some are guilty as hell but tainted by previous torture. So, ? They can't be convicted, the evidence is tainted and would never hold up in court, they are guilty as hell and admitted it not under torture, so what do we do with them? Let them go where exactly since no one wants them? Get real people, he got a real education the day he took office, he's still learning not only about what was really done in our name but how career demagogues will do anything to thwart real change in their government bureaucracies.

[barneylee]

Has any of these NYC-DC politicans driven through working/middle class neighborhoods lately?
The jawboning up the economy and what people see just doesn't seem to go with any thing I see.

[Lochmon]

They all visit working/mi­ddle-class neighborhoods... usually the same ones they cruised as teenagers. Of course, a certain percentage of them knew even as teenagers that they were out slumming.

Wall Street, now... that commands their respect, in a way the well-meaning yokels back home just cannot understand.

[TheHandyman]

They only do that when it is election time!

[JayInDallas]

I actually started to think that all the knee-jerk reactionaries had calmed down at last. Nothing is ever written in stone. There are no absolute truths in Washington. If I were Obama, I would continuously play the hand that was dealt to me. That is to say, respond when necessary to the situation at hand based upon the information available to me at the time. Isn't that all anyone can do? I realize that we've all been conditioned to follow the 24-hour news cycle, but I also realize that one thing Obama has shown is the unwillingness to conform to that cycle. Another thing that Obama has shown is a willingness to heed the will of the American people. Therefore I fervently believe that regardless of the path that got us there, in the end, the American people will find that Obama has proven himself an agile, intelligent, compassionate and stalwart CEO who, regardless of missteps or circumstance, maintained his vision for the good of the American people.

I can appreciate Mr Garbus' objection to "Obama's attempt at secrecy, continued torture and repression of speech". Where were you, sir, during the 8 years of the Bush administration when these policies were first instituted? I think I'll wait and see what the endgame is first before I castigate this young administration.

[Lochmon]

Those are good points, but even the Bush administration never did anything quite as (publicly) stupid as defending secrecy to protect officials from late-night comedians. That was so incredibly asinine I'm still boggling over it.

[TheHandyman]

He was out there making the same criticisms about Bush as he is about Obama. Where were you?

[viper234]

At the rate he's going, he's begging for one term and that's exactly what he'll get.

[EHarold]

Depressing ..but what do you expect from a politician? Think I'll be voting 3rd party next time.