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May 272014



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Now that Robert Copeland has finally resigned as a police commissioner in Wolfeboro, N.H., after referring to President Obama with a vile racial epithet, there seems to be a move afoot in some quarters to portray him as a victim of political correctness and a martyr in the cause of free speech. He is neither, and to think so betrays a thorough misunderstanding of constitutional rights.

Copelands remark, which contained a racial slur preceded by an obscenity, was overheard in a restaurant in March by a resident. She brought it to the attention of the town manager and the other two members of the police commission, an elected body that hires, fires and disciplines police officers and sets their salaries. When confronted about it, Copeland, 82, was hardly apologetic, writing in response that, I believe I did use the N word in reference to the current occupant of the Whitehouse. For this, I do not apologize he meets and exceeds my criteria for such.

Earlier this month, about 100 residents attended a public meeting that was held to discuss the issue. Given that Wolfeboro, a wealthy resort town of 6,300 residents, has no mechanism for removing public officials between elections, many of those who attended were there to urge him to resign. Eventually he did, much to the relief of other town officials, who feared that his widely reported remark might lead to a boycott by potential visitors this summer.

Both at the meeting and subsequently, defenders of Copeland have suggested that the public outcry that greeted his remark was an example of the thought police stifling his free speech rights. Actually, the whole affair was a vindication of free speech.

The First Amendment provides that Congress shall make no law abridging the freedom of speech or of the press. That is, government may not interfere with freedom of expression. It does not guarantee, however, that free speech will be free of the consequences it may incur in the marketplace of ideas.

In this instance, Copeland exercised his right to speak his mind if, in fact, he still has one and defended vigorously his right to do so. That did not mean that those who learned of his views were obliged to treat them with tolerance or refrain from exercising their own speech rights. Constituents of an elected official are under no obligation to remain silent when that official expresses views, even privately, that they find repugnant. In fact, many residents of Wolfeboro may have felt that their silence could have been interpreted as an endorsement of, or at least acquiescence in, Copelands slur.

So they were perfectly free to call on him to resign, and people living farther away certainly had a right to express themselves by threatening a tourist boycott. Just because a person has a right to say something doesnt mean that he has a right not to be contradicted, or to be immune from public condemnation.

The faith of the nations founders was that so long as government was barred from prohibiting speech it deemed dangerous or offensive, unsound views would be exposed as such in the welter of public debate, and wiser counsel would prevail. Thats what happened in this case.

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Editorial: Free Speech Vs. Free Speech

OK, just to be clear: Two Spokane County planning officials pleaded the Fifth Amendment you know, the one where you cant be compelled to give criminal evidence against yourself when asked in a public hearing if they had falsified planning documents to boost a new gas station over a legalhurdle.

But they didnt, were told, do anythingwrong.

Spokane Countys unofficial policy of approving developments and then hustling to get them grandfathered in before theyre undone took a turn this week that even the most conspiratorial-minded of critics might not have foreseen. A landowner

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OK, just to be clear: Two Spokane County planning officials pleaded the Fifth Amendment you know, the one where you cant be compelled to give criminal evidence against yourself when asked in a public hearing if they had falsified planning documents to boost a new gas station over a legalhurdle.

But they didnt, were told, do anythingwrong.

Spokane Countys unofficial policy of approving developments and then hustling to get them grandfathered in before theyre undone took a turn this week that even the most conspiratorial-minded of critics might not have foreseen. A landowner wants to build a gas station at Argonne and Bigelow Gulch roads, on land the county added to its growth management boundary last July. Unfortunately, the state invalidated that expansion last November, also invalidating the zoning under which the projects permit wasapproved.

If the application was completed between July and November, it would be considered vested and grandfathered in. The seeming abuse of vesting is the loophole the City Council tried to close in March undermined by Mayor David Condons veto because it essentially allows developers to take a side route around land-use laws with the county commissionshelp.

The latest allegation, if true, would amount to a whole new level of chicanery. The projects first Determination of Completeness was signed Jan. 27 of this year. Too late for vesting. Well after too late. And yet the project was moving forward with the countys blessing. Rick Eichstaedt, the attorney for neighbors challenging the project, inquired about this discrepancy. Within a couple of days, a new permitappeared.

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Shawn Vestal: County permit clerical mishap raises eyebrows – Fri, 23 May 2014 PST



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FREE SPEECH A FELONY? H.R. 347
From David Everist view list of Yolanda Bertaud video- fair use: The Judge and his view and thoughts of making free speech illegal and making it a FELONY to …

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FREE SPEECH A FELONY? H.R. 347 – Video

Two Spokane County building employees invoked their Fifth Amendment rights against self-incrimination this week in a case that accuses the county of improperly back-dating documents to allow construction of a gas station where a state board ruled it was notallowed.

The county workers testified Monday during an appeal before the county hearing examiner of a building permit application for a convenience store and gas station at Argonne and Bigelow Gulchroads.

Building Director Randy Vissia, one of the two county employees who invoked his Fifth Amendment rights, said he was advised to not answer questions by a county attorney

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Two Spokane County building employees invoked their Fifth Amendment rights against self-incrimination this week in a case that accuses the county of improperly back-dating documents to allow construction of a gas station where a state board ruled it was notallowed.

The county workers testified Monday during an appeal before the county hearing examiner of a building permit application for a convenience store and gas station at Argonne and Bigelow Gulchroads.

Building Director Randy Vissia, one of the two county employees who invoked his Fifth Amendment rights, said he was advised to not answer questions by a county attorney even though, according to Vissia, his employee, Julie Shatto, had done nothing wrong in approving the permit application as completed. Shatto also declined to answer questions at the hearing involving the date that the application was certified ascomplete.

Property owner and developer Stephen Smart, who was at the hearing to defend his project, said the appellant attorneys were acting like attackdogs.

Local residents and neighborhood groups appealed the county decision to let the project proceed, arguing the project was flawed on several grounds, including environmental review and applicationcompleteness.

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2 county workers take 5th – Thu, 22 May 2014 PST

May 212014



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Free speech on campuses is dead! Didn’t you hear? Leftist fascists are forcing universities to cancel commencement speakers that they find objectionable. Others are getting protested. It’s awful! Where is the freedom? Actually, the freedom is in the protesting.

According to multiple conservative outlets and their liberaltarian friends, this is the month in which academic freedom coughed its final dry death rattle at the hands of the left. The cause of death was the rescinding of invitations to the following commencement speakers:

Oh, the horror! Or, as critics put it, the “bald hypocrisy on free speech and academic freedom,” the “modish commitment to so-called diversity” in which “muggers prevail” and commencement speakers are “excommunicated, ignored, or banished from public life.”

As Daily Beast’s Olivia Nuzzi put it in her trollish complaint about students complaining, “God forbid these delicate students should be exposed to an idea or an organization with which they disagreeat college.” (Pro tip: If you’re positioning yourself as a defender of speech freedoms and the headline of your post tells “Fragile” people to “STFU and Listen,” you’re doing it wrong.)

Here’s the thing: Condoleezza Rice, just to take one example, is not banished from public life. And these “delicate students” have already been exposed to her ideas. We all have. Those ideas sucked. So the upshot is that Condoleezza Rice doesn’t get a paid trip to New Jersey. She still gets to write books and be on Fox News anytime she wants, whenever she can take more time off from her six-figure position as a tenured professor at Stanford.

Whose free speech do these concern-trolling, hand-wringing conservatives purport to be protecting? Soon-to-be job-seeking ex-students with high debt loads, and low marks for political participation, and little to their names but degrees with the names of their parent institutions? Or powerful captains of industry, politics and media who are paid for the chance to add to their home office’s “walls of me” and blow hot platitudes over the mortar boarded heads of their young charges?

And blow they do. Let’s face it, commencement addresses suck, and they suck in direct proportion to the cultural standing of the speaker. The more famous your commencement addressor is, the likelier their address is to be a warmed-over serving of wilted TED Talks punch lines. Tom Friedmanesque yarns. If you’re really lucky, maybe your school will actually get Tom Friedman, instead of a starchy simulacrum of Tom Friedman.

But let’s not even bother with that tack, because being denied a chance to speak at a graduation ceremony is not an infringement on your free speech. Free speech might entail an invitation to speak to a voluntary audience and then have alternative viewpoints offered by other speakers, and then perhaps engage in a dialogue over those ideas. This is not how commencement speeches work. If a commencement address is free speech, then so is a seven-hour harangue by Fidel Castro to Cuban citizens who are too scared to get up and leave the auditorium to pee.

A commencement address is the opposite of free. It is paid speech. Paid speech that, just like the honorary degree that accompanies it, associates the recipient with the granting institution as if by royal decree. It’s entirely legitimate for faculty and students, who are already associated with the institution by their works and their merits, to dispute whether an honoree is also worthy of that association.

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In Defense of Protesting Commencement Speakers

Cowboys move cattle northwest of Calgary, May 28, 2013. Canadian cattle producers were in a U.S. court Monday, arguing for their right to free speech under the First Amendment. THE CANADIAN PRESS/Jeff McIntosh

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By Alexander Panetta, The Canadian Press

WASHINGTON – Canadian livestock producers were in a U.S. courtroom Monday fighting against labelling requirements blamed for having devastated their exports.

Their case invoked one of America’s most cherished principles: the free-speech guarantee in the First Amendment of the Constitution. The public gallery was filled as close to 200 people came to hear the argument in the U.S. Court of Appeals, the second-highest court in the country.

According to a coalition of industry groups from the three North American countries, foundational speech rights are violated when meat companies are forced to stamp, “Born in Canada,” or “Born in Mexico,” on their packaging.

They say country-of-origin labelling isn’t just costly, from a logistical standpoint. They say it also amounts to the government forcing them to divulge information, against their will and without justification, in breach of the principles espoused by America’s founding fathers.

The multiple parties with standing in the case were represented by a pair of attorneys: a federal lawyer who argued on behalf of the U.S. government, against an opponent who represented meat-industry groups.

The industry attorney argued that the rules are nothing more than protectionism, disguised as an attempt to help consumers learn about the origin of their food. She said the rules did not meet the standard set by past court cases about what corporations need to disclose.

“We’re here representing ranchers who are feeling a colossal impact,” said Catherine Stetson, arguing for the American Meat Institute and its Canadian-Mexican allies.

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Canada-U.S. meat flap takes free-speech twist



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Free Speech

[[A person speaking to the reader.]] Person: Public Service Announcehment: The *right to free speech* means the government can’t arrest you for what you say. [[Close-up on person's face.]] Person: It doesn’t mean that anyone else has to listen to your bullshit, – or host you while you share it. [[Back to full figure.]] Person: The 1st Amendment doesn’t shield you from criticism or consequences. [[Close-up.]] Person: If you’re yelled at, boycotted, have your show canceled, or get banned from an internet community, your free speech rights aren’t being violated. [[Person, holding palm upward.]] Person: It’s just that the people listening think you’re an asshole, [[A door that is ajar.]] Person: And they’re showing you the door. {{Title text: I can’t remember where I heard this, but someone once said that defending a position by citing free speech is sort of the ultimate concession; you’re saying that the most compelling thing you can say for your position is that it’s not literally illegal to express.}}

Warning: this comic occasionally contains strong language (which may be unsuitable for children), unusual humor (which may be unsuitable for adults), and advanced mathematics (which may be unsuitable for liberal-arts majors).

This work is licensed under a Creative Commons Attribution-NonCommercial 2.5 License.

This means you’re free to copy and share these comics (but not to sell them). More details.

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XKCD 1357 – Free Speech – xkcd: Like I’m Five



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NHCLU looking at the city’s rules against begging

A woman stands in a popular spot for panhandlers on Gossling Road close to the turn to the highway in Portsmouth. Her sign on a piece of cardboard states, Stranded; need help to get back to Boston; God bless and thank you.Deb Cram/dcram@seacoastonline.com

After challenging panhandling ordinances in Concord and Manchester, the New Hampshire Civil Liberties Union has filed Right to Know requests seeking information about Portsmouth’s handling of panhandlers.

Gilles Bissonnette, staff attorney for the NHCLU, said he isn’t ready to publicly disclose what he’s looking for in Portsmouth. But in the other cases, the NHCLU has argued that municipal ordinances barring panhandling violate the free speech rights of indigent and homeless people.

Concord wrote its ordinance based on input from the NHCLU and Rochester overturned its ordinance under pressure from the NHCLU. But in Portsmouth, said City Attorney Robert Sullivan, there is no ordinance that specifically addresses panhandling.

The City Council came close to passing an anti-panhandling ordinance in 2004, according to Herald archives, but it never made it on the books, Sullivan said.

Cited 10 or more times for his panhandling in Portsmouth was Steven Morin, 47, homeless, who likely holds the record for being most-cited panhandler. Morin once told a police officer he’d use a summons as toilet paper and returned to panhandling on Market Street after verbal warnings, tickets and convictions, according to court records.

But none of the summonses given to Morin say the crimes he committed were panhandling. Instead, Portsmouth police cited Morin for violating state law RSA 265:40 which states, “No person shall stand on the travelled portion of a roadway for the purpose of soliciting a ride, employment, business or contributions from the occupant of any vehicle.”

In spite of there being no panhandling prohibition in Portsmouth, Sullivan said, “some panhandling activity could violate other laws, both state and local.” One example, he said, would be disorderly conduct.

Morin was convicted for disorderly conduct based on the fact he was previously cited seven times for the state panhandling-related charge, and verbally warned many more times, but continued to solicit cash on Market Street. So while he wasn’t charged with violating a panhandling ordinance, it was his panhandling that got him a misdemeanor conviction.

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Do panhandling bans violate free speech?



“Free Speech in the 21st Century” with Professor Leslie Kendrick
University of Virginia law professor Leslie Kendrick reviews recent First Amendment cases, particularly those involving the free speech of businesses, at an alumni luncheon on May 9, 2014….

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"Free Speech in the 21st Century" with Professor Leslie Kendrick – Video

Its been a full year since I watched the radical libertarian group Defense Distributed test fire the Liberator, the first fully printable gun, for the first time. Imura is one of a growing number of digital gunsmiths who saw the potential of that controversial breakthrough and have strived to improve upon the Liberators clunky, single-shot design. Motivated by a mix of libertarianism, gun rights advocacy and open-source experimentation, their innovations include rifles, derringers, multi-round handguns and the components needed to assemble semi-automatic weapons. Dozens of other designs are waiting to be tested.

The result of all this tinkering may be the first advancements that significantly move 3-D printed firearms from the realm of science fiction to practical weapons.

With the Liberator we were trying to communicate a kind of singularity, to create a moment, says Cody Wilson, who founded Defense Distributed and hand-fired the first 3-D printed gun in May, 2013. The broad recognition of this idea seemed to flip a switch in peoples mindsWe knew that people would make this their own.

Even as the DIY community has refined and remixed 3-D printed guns, its left legislators and regulators in the dust. Congressional efforts last year to place restrictions on printed, plastic weapons within the renewed Undetectable Firearms Act fell flat. That said, the legality of 3-D printing a gun in the United States remains unclear, which explains why most of the gun designers contacted by WIRED declined to comment or wished to do so anonymously.

Despite that legal ambiguity, it took only weeks for digital gunsmiths to improve upon the first fully 3-D printed gun. Defense Distributed printed the first Liberator in May, 2013, using a second-hand refrigerator-sized Stratasys 3-D printer it bought for $8,000. Later that month, a gun enthusiast in Wisconsin riffed on the Liberator to produce a working firearm for far less, using a $1,725 Lulzbot printer with less than $25 in plastic. It fired eight .38-caliber bullets without damage.

Two months later came the first fully 3-D printed rifle, built by a Canadian gunsmith identified only as Matthew. The gun, which he calls the Grizzly, fires .22-caliber bullets. In the video below, it fires three shots. Another clip, since pulled from YouTube, shows him hand-firing it 14 times. Wilson calls the Grizzly the best, first improvement on the Liberator.

The Grizzly, like the Liberator, requires removing the barrel to load a new round after each shot. But less than a month after Matthew unveiled the Grizzly, another gunsmith who calls himself Free-D or Franco test-fired a five-shot derringer revolver he calls the Reprringer. It shoots low-power .22-caliber rounds. Though the tiny revolver isnt entirely 3-D printedit uses 8mm metal tube inserts in each barrel and several screwsits metal components seem to allow for a far more compact design, making the the Reprringer the smallest working 3-D printed gun publicly tested.

The blueprint for that miniature six-shooter, along with dozens of other firearms, gun parts and even explosives like grenades and mortar rounds, are hosted online by FOSSCAD, the Free Open Source Software & Computer Aided Design. The group spun out of Cody Wilsons online gun printing community known as Defcad.

Most of FOSSCADs designs havent been publicly tested, and its loose-knit members are reluctant to reveal their identities. But one anonymous member summed up the groups motivations: First, I like guns, he wrote via instant message. And second, I think you should be able to 3-D print virtually anything you want.

Aside from the Reprringer, the anonymous FOSSCAD member noted another new, proven design that may be far more practicaland have far more serious implicationsthan fully-printed guns: a key part of a semi-automatic weapon called the lower receiver. That part, which comprises most of the body of a gun, is the most regulated element of a firearm. Print a lower receiver, and you can buy the rest of a guns components off the shelf without an ID or waiting period.

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How 3-D Printed Guns Evolved Into Serious Weapons in Just One Year



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