Peter Scheer
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Peter Scheer, a lawyer and journalist, is Executive Director of the First Amendment Coalition (www.firstamendmentcoalition.org), a nonprofit advocacy organization dedicated to free speech and open-government, with offices in California. Scheer received his JD degree from Harvard Law School (where he was a member of the Harvard Law Review) and has argued cases in the U.S. Supreme Court and most of the federal courts of appeal. He was editor and publisher of The Recorder newspaper in San Francisco, publisher of Legal Times in Washington, DC, and CEO of legal portals law.com and callaw.com. Scheer has received both the Eugene S. Pulliam Award and James Madison Award for First Amendment advocacy. His articles on the First Amendment, politics and public policy have appeared in numerous publications, both print and online. Scheer, who lives in San Rafael, CA, is often confused with lefty pundit (and former LA Times columnist) Robert Scheer and his writer/editor son, Peter(!). They are unrelated, so far as this Peter Scheer knows.

Blog Entries by Peter Scheer

How Citizens United Can Be Used to Curtail Super PAC Spending

(37) Comments | Posted June 1, 2012 | 8:44 AM

The orgy of political spending that has been unleashed by super PACs in the current election cycle exceeds what a free democracy can bear. A president who is obligated to repay even a fraction of the political debts created by special interests' funding of super PACs is a president who...

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Romney's Wrong: States Are More Responsive to Special Interests Than Voters

(25) Comments | Posted May 3, 2012 | 8:53 AM

In America today, conservatism's one clear fault line, cutting across cultural and socioeconomic schisms, aligns conservatives based on their views about the relationship between government and its citizens.

On one side are born-again libertarians, like supporters of perpetual presidential candidate Ron Paul. Believing that governmental power and personal freedom...

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How the NY Times Bought Apple's Spin on the Feds' Antitrust Suit Allowing Amazon to Cut Prices on E-books

(7) Comments | Posted April 12, 2012 | 10:11 AM

The US Justice Department announced this week that it will sue e-book publishers and Apple Computer for conspiring to raise e-book prices above the levels that Amazon, the dominant retailer for e-books, had been charging.

News reporters, responding critically to the government's charges, were quick to point out...

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Rush Limbaugh's Attack Met With Hypocrisy on All Sides

(99) Comments | Posted March 8, 2012 | 8:50 AM

Nothing brings out the hypocrisy of America's political class like the high-profile blunder of one of its celebrity members. Consider, for example, Rush Limbaugh's recent Tourette's moment, in which he defamed a law school student and woman's activist as a "slut" and "prostitute" because she favors contraceptive coverage in health...

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Battle Over SOPA Shows Why Corporations Need First Amendment Protection

(54) Comments | Posted January 20, 2012 | 7:52 AM

BY PETER SCHEER

Successful technology firms pride themselves on their capacity to disrupt the established order. The reference is usually to a technological advance that poses an existential threat to an entrenched industry or way of doing business. Think of Apple Computer's impact on the cellphone and music industries, Google...

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Jobs' Customers Bought Not Only His Products; They Bought His Personal Narrative

(3) Comments | Posted October 7, 2011 | 5:28 PM

Jobs died at age 56, a young man. But one of the things that stands out about him is the longevity of his superstardom. Jimmy Carter was president when Jobs first appeared on the scene as the bearded personification of high-tech cool. From the early Apple PCs to the launch...

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Murdoch-Gate Is a Media Feeding Frenzy of a Media Feeding Frenzy

(17) Comments | Posted July 19, 2011 | 9:32 AM

The economic forces that pummeled every American newspaper from the New York Times to the San Francisco Chronicle have barely disturbed Rupert Murdoch's media properties. The Wall Street Journal, for one, has not only weathered the storm that decimated competitors' newsrooms, but it has added editorial staff, news features and...

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Can Mainstream Media Match WikiLeaks? Not Likely.

(18) Comments | Posted May 16, 2011 | 6:49 PM

Ever since WikiLeaks became a household word, traditional news media have had every reason to try to replicate its technology for receiving leaked documents, via the Internet, on an anonymous and secure basis.

Traditional media may be at war with Julian Assange and disagree fundamentally with his methods in vetting...

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If Galliano Lived in the U.S., His Rants Would Go Uncensored

(4) Comments | Posted March 15, 2011 | 3:01 PM

An inebriated John Galliano, sitting in a Paris bar, unleashes an anti-semitic rant ("I love Hitler") that is captured on a cellphone camera and posted on the internet. Within days the Dior designer is not only fired from his job, but is given a trial date to face...

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Unplug WikiLeaks? Enact a Federal Shield Law Instead

(94) Comments | Posted November 16, 2010 | 10:03 PM

The Obama administration has made no secret of its desire to unplug WikiLeaks, the whistleblower website infamous for data dumps of classified records. Of the few options available to the government, the best is one that probably hasn't been considered in this context: enacting a federal shield law.

How...

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Wikileaks' Iraq Docs Reflect Both the Good Wikileaks and the Bad Wikileaks

(8) Comments | Posted November 1, 2010 | 1:04 PM

Although the anti-war movement of the 1960s has few heroes still standing, Daniel Ellsberg, the former defense analyst who leaked a secret history of the Vietnam War that became known as the Pentagon Papers, is surely one. As such, Ellsberg's full-throated support for Wikileaks, delivered as it dumped on the...

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If Hard-Won Court Victory Against Prop 8 Is Tossed out, You Can Thank Jerry Brown

(58) Comments | Posted August 18, 2010 | 3:15 PM

If I were Ted Olson, the former US solicitor general who is leading the legal battle against Prop 8, I would be unhappy with Jerry Brown right now.

Olson's hard-won victory before federal district court judge Vaughn Walker was meant to be the first stage of a legal strategy culminating...

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WikiLeaks Didn't Just Happen -- It Exists Because Journalists Lost Control Over the Information They Obtain

(22) Comments | Posted July 29, 2010 | 6:50 PM

The New York Times' front-page stories on the war in Afghanistan -- based on a massive leak of classified US military cables and other documents -- are not likely to change the course of the war. But they represent a sea change in the way journalists report on national security.

...
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Voters Go Postal Over Public Employees' Pay, Pensions & Perks

(78) Comments | Posted June 13, 2010 | 10:11 PM

For public employee unions -- those representing police, firefighters, teachers, prison guards and agency workers of all kinds at the state and local level -- these are the worst of times.

Despite record high membership and dues, and years of unparalleled clout in state capitols, public sector unions find themselves...

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Apple's vetting of iphone apps is ham-handed but not an illegal threat to free speech

(1) Comments | Posted May 31, 2010 | 2:42 AM

By Peter Scheer

In the beginning there was the internet. It was raw, ungovernable and vast in its multiplicity of voices. Then came the Apple iPhone (and more recently, the iPad), offering a curated internet experience, using "apps" vetted by Apple for conformity to company standards for content and quality.

...
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Strip-Searched: Lost iPhone Probe Shows Why Search Warrants Should Never Be Used on Journalists

(42) Comments | Posted May 2, 2010 | 1:01 AM

Search warrants have always been a blunt instrument for finding evidence of crime. Think of television cop shows from the 70s and 80s: A police search of an apartment for drugs was, de facto, a license to ransack all closets, cabinets and dressers. A warrant to seize a letter or...

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Citizens United Ruling Will Liberate Dot-Org News Sites From IRS Rules Curbing Advocacy

(6) Comments | Posted April 8, 2010 | 8:53 PM

By Peter Scheer

Forty-six years ago, the Supreme Court announced its decision in New York Times v. Sullivan, rewriting centuries of "common law" on libel and defamation, in order to boost constitutional protection for criticism of government policies and government officials. One of the most important free speech decisions in...

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If China Unplugs Google, it Will Be the First Time China's People Know What They Aren't Allowed To See

(2) Comments | Posted March 23, 2010 | 8:04 PM

Google's high-stakes confrontation with China's government has entered a new, and uncertain, phase. Making good on its threat to cease censorship of search results on its China-based site, Google.cn, Google has begun redirecting users in China to its uncensored Chinese-language site based in Hong Kong, google.com.hk.

China's censors now face...

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California Voters to Meg Whitman and Jerry Brown: Show Us the records!

(1) Comments | Posted March 10, 2010 | 5:34 PM

BY PETER SCHEER--As California voters begin the process of selecting the next governor of the ungovernable Golden State, the leading candidates owe them a demonstration of their commitment to government transparency.

All politicians are supportive of open-government "in principle;" the question is whether they are committed in practice. The best...
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Obama should back up Google with more than rhetoric: The US should challenge China's "firewall" before the WTO.

(7) Comments | Posted January 16, 2010 | 3:44 AM

By Peter Scheer

The US government is not powerless to influence China's policies concerning censorship of the internet. This week, as Google has taken extraordinary steps--bordering on corporate civil disobedience--to challenge China's stranglehold on information, the Obama administration's response has been a study in timidity. In reality, however, the administration...

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