The War on Free Speech – U.S. Department of Justice Subpoenas Reason.com Over Comment Section

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The United States Department of Justice is using federal grand jury subpoenas to identify anonymous commenters engaged in typical internet bluster and hyperbole in connection with the Silk Road prosecution. DOJ is targeting Reason.com, a leading libertarian website…

The D.C. court was right — the government won’t start issuing grand jury subpoenas every time someone writes “my husband left underwear on the bathroom floor again; I could just kill him.” But they won’t because they don’t have the time, inclination, or the resources.

Instead, they will use their discretion to decide when to bring their vast power into play to pierce the anonymity of internet assholes (or for that matter, people who may have valid points on political matters but express them in the wrong fashion). That discretion is much more likely to be exercised where, as here, the person being trash-talked is a powerful federal judge in the district of that U.S. Attorney’s Office, a judge that the office must appear before every damned day. The power is more likely to be exercised on behalf of establishment political figures, not outsiders. The power is more likely to be exercised when it is consistent with the politics of the administration.

The D.C. court implies that we can trust federal prosecutors to use the grand jury power to pierce the anonymity of political firebrands even when their rhetoric is clearly protected by the First Amendment. That the government will investigate anonymous political rhetoric in even-handed fashion, whether that rhetoric comes from a magazine known to be friendly to the government and its establishment, or one that is, like Reason, prone to question both.

– From the excellent Popehat article: Department Of Justice Uses Grand Jury Subpoena To Identify Anonymous Commenters on a Silk Road Post at Reason.com

Readers of Liberty Blitzkrieg will be well aware of the gradual erosion by the state of the civil liberties of the American public. Such attacks are typically sufficiently under the radar, so that the average citizen has no idea what is happening until it’s too late. I have written about such calculated assaults on many occasions, but the holy grail target of the status quo is the First Amendment of the Constitution, which enshrines a right to the freedom of religion, speech, the press, and the right to peaceably assemble and petition the Government for a redress of grievances.

Many aspects of the First Amendment have been neutered in practice. For example, the right to assemble peacefully and effectively is often prevented in practice by the need to secure permits and other hindrances (see “free speech cages” and “protest zones”) . Meanwhile, on college campuses, where activism is historically most vibrant, many schools have embraced the Orwellian concept of “free speech zones” in order to prevent free speech. See:

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A Professor Speaks Out – How Coddled, Hyper Sensitive Undergrads are Ruining College Learning

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Things have changed since I started teaching. The vibe is different. I wish there were a less blunt way to put this, but my students sometimes scare me — particularly the liberal ones.

I once saw an adjunct not get his contract renewed after students complained that he exposed them to “offensive” texts written by Edward Said and Mark Twain. His response, that the texts were meant to be a little upsetting, only fueled the students’ ire and sealed his fate.  That was enough to get me to comb through my syllabi and cut out anything I could see upsetting a coddled undergrad, texts ranging from Upton Sinclair to Maureen Tkacik — and I wasn’t the only one who made adjustments, either.

The current student-teacher dynamic has been shaped by a large confluence of factors, and perhaps the most important of these is the manner in which cultural studies and social justice writers have comported themselves in popular media. I have a great deal of respect for both of these fields, but their manifestations online, their desire to democratize complex fields of study by making them as digestible as a TGIF sitcom, has led to adoption of a totalizing, simplistic, unworkable, and ultimately stifling conception of social justice. The simplicity and absolutism of this conception has combined with the precarity of academic jobs to create higher ed’s current climate of fear, a heavily policed discourse of semantic sensitivity in which safety and comfort have become the ends and the means of the college experience.

– From the Vox article: I’m a Liberal Professor, and My Liberal Students Terrify Me

The article at the center of today’s piece is truly excellent and demands much thought and introspection. One of the main themes here at Liberty Blitzkrieg since inception, has been the contention that the American population has turned into a nation of coddled, fearful serfs.

It’s not quite clear to me when this transformation actually happened, but the first undeniable evidence within my lifetime was the public’s reaction to the terror attacks of September 11, 2001. I’ve written about this before, most specifically in the post, How I Remember September 11, 2001. Here’s an excerpt:

In the days following the collapse, all I wanted was for the towers to be rebuilt just like before. I wanted the skyline back to what I had know since the day I came into this earth at a New York City hospital to be restored exactly as I had always known it. Career-wise, I felt I should leave Wall Street. I thought about going back to graduate school for political science, or maybe even join the newly created Department of Homeland Security (yes, the irony is not lost on me). I read a lengthy tome on Osama Bin Laden and al-Qaeda. I was an emotional and psychological mess, and it was when I was in this state of heightened distress that my own government and the military-industrial complex took advantage of me.

It wasn’t just me of course. It was an entire nation that was callously manipulated in the aftermath of that tragedy. The courage and generosity exhibited by so many New Yorkers and others throughout the country and indeed the world was rapidly transformed into terrifying fear. Fear that was intentionally injected repeatedly into our daily lives. Fear that translated into pointless wars and countless deaths. Fear that was used to justify the destruction of our precious civil rights. Fear that was used to initiate a gigantic power grab and the source of tremendous profits for the corporate-statists and crony-capitalsits. Unfortunately, that is the greatest legacy of 9/11.

It was the American public’s fearful and panicked emotional response to the attacks that allowed authoritarians and corrupt politicians to seamlessly and expeditiously steamroll over the civil rights of the citizenry. Unsurprisingly, this act of cowed submissiveness sent a signal to the less ethically inclined amongst us, and in the decade and a half since the attacks, the U.S. has rapidly deteriorated into something barely distinct from a Banana Republic.

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