Monday, July 13, 2009

The Plans Of Cass Sunstein

Based on his own words and statements of intent, Cass Sunstein, appointed to the shadowy post of White House Office of Information and Regulatory Affairs, will likely have his eye on the Internet, particularly on us bloggers:
When it comes to the First Amendment, Team Obama believes in Global Chilling.

Cass Sunstein, a Harvard Law professor who has been appointed to a shadowy post that will grant him powers that are merely mind-boggling, explicitly supports using the courts to impose a "chilling effect" on speech that might hurt someone's feelings. He thinks that the bloggers have been rampaging out of control and that new laws need to be written to corral them.


Sunstein questions the current libel standard - which requires proving "actual malice" against those who write about public figures, including celebrities. Mere "negligence" isn't libelous, but Sunstein wonders, "Is it so important to provide breathing space for damaging falsehoods about entertainers?" Celeb rags, get ready to hire more lawyers.

Sunstein also believes that - whether you're a blogger, The New York Times or a Web hosting service - you should be held responsible even for what your commenters say. Currently you're immune under section 230 of the Communications Decency Act. "Reasonable people," he says, "might object that this is not the right rule," though he admits that imposing liability for commenters on service providers would be "a considerable burden."


"As we have seen," Sunstein writes, having shown us no such thing, "falsehoods can undermine democracy itself." What Sunstein means by that sentence is pretty clear: He doesn't like so-called false rumors about his longtime University of Chicago friend and colleague, Barack Obama.

He alludes on page 3 (and on page 13, and 14, and 45, and 54 - the book is only 87 pages) to the supposedly insidious lie that "Barack Obama pals around with terrorists." Since Sunstein intends to impose his Big Chill on such talk, I'd better get this in while I can. The "rumor," i.e., "fact," about the palsy-walsiness of Obama and unrepentant terrorist Bill Ayers (Ayers referred to Obama as a "family friend" in a memoir) did not "undermine democracy," i.e., prevent Obama's election. The facts got out, voters weighed them and ruled that they weren't disqualifying.

Sunstein calls for a "notice and take down" law that would require bloggers and service providers to "take down falsehoods upon notice," even those made by commenters - but without apparent penalty.

Consider how well this nudge would work. You blog about Obama-Ayers. You get a letter claiming that your facts are wrong so you should remove your post. You refuse. If, after a court proceeding proves simply that you are wrong (but not that you committed libel, which when a public figure is the target is almost impossible), you lose, the penalty is . . . you must take down your post.
Such suppression of First Amendment rights would be challenged in courts of law, of course. However, the article points out the following disturbing reality:
How long would it take for a court to sort out the truth? Sasha and Malia will be running for president by then. Nobody will care anymore. But it will give politicians the ability to tie up their online critics in court....
If Suntein's proposals become reality, America as the beacon of freedom is finished!


Ashan said...

Sunstein is another Alinskyite fellow traveler of Dear Leader Hussein. He was apparently also on the short list for appointee to the SCOTUS, but removed in favor of a minority female. (If Sotomayor fails, he just might be re-instated to Hussein's delight.)

Sunstein is also married to one of the most dangerous of Hussein's foreign policy advisers, the notorious Samantha Power. This takes the destruction of America up another notch.

revereridesagain said...

The Smiley Face of Fascism: Cass Sunstein and Samantha Power.

Claiming that "falsehoods" about Obama's link to Ayers-Dohrn undermined "democracy itself" in the past election when the "falsehoods" are documented truths that were rejected by a majority of fools unwilling to recognize their ramifications really tells us all we need to know about his intentions. The Obama regime intends to take no chances next time.

Anonymous said...

Consider the massive cyberattacks that paralyzed major South Korean and U.S. Web sites in recent days. Currently, reports identify the North Koreans as the source - and it's attracted media attention.

On the other hand, the convenience of such incidents opens the door for all manner of cyber mischief by our dear leaders 'security' minions.

Feel the bitter cold chill of fascist censorship?

FWIW . . .the word verification for this comment - "probsing", as in probe/sing

Anonymous said...

Sorry. First and Second Amendments are the lines in the sand.

Any government that acts to seriously infringe on either is declaring war on the citizens of this country.

I plan to write, call and fax my rep and senators a letter either today or tomorrow, demanding answers to these latest radical appointments. I am not going to stop. I will call them every day.

This has got to be addressed, now, by as many elected officials as we can get to respond. You all know the saying about stopping evil in its nascent stages, versus trying to stop in when it is florid.

Lots harder. Lots more casualties.

Please call your elected officials today. I am going to cc my state reps and governor too.

Big Brother said...

Nothing to be afraid of folks, comrade Sunstein is just setting up the Ministry of Truth.