Showing posts with label due process. Show all posts
Showing posts with label due process. Show all posts

Sunday, March 31, 2019

Hate Speech, the First Amendment, and Big Tech Monopolies over the Public Square

Staff Writer, DL Mullan
Bill of Rights / Due Process
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Hate speech. The made up terminology to create hysteria against certain groups in society. This phrase is leveled at objectionable people most individuals would disagree with so there is no one to stand up for the other people's rights. That is not very American of you. 

We are speaking of Big Tech monopolies who hire many foreign workers who do not know or care about Truth, Justice, and the American way. These foreign employees care about their paychecks, not their moral or ethical obligations to working in this country. 

So first they came for the NeoNazis, and we said nothing. Then they came for the White Nationalists, and we said nothing. Afterward, they came for the White Separatists, and we said nothing. 

All the while, the technological monopolies were going down their hit lists to censor people far and wide, and label them hate speakers. Laura Loomer. Owen Shroyer. Mike Cernovich. These journalists and commentators have felt the pinch. The biggest strike has been against Alex Jones. 

The Terms of Service states... Hate Speech to be banned and all those who spread it. 

One problem. There is no legal definition of Hate Speech because there is no Due Process of Law that covers the blatant disregard of the First Amendment and its protections of the Public Square, set forth by the Supreme Court. 

So where are the Big Tech monopolies getting their legal advice? Rice crispies treats?  

Terms of Service is a way for corporations to be your parent because to them you are too immature and untrustworthy to be free to express yourself. Is that really their call? Or is it an underlying negative attitude toward the public? Hate speech, shadow banning, and outright banning of people with ideological differences has no basis in legal precedent. None at all. 

So Terms of Service has become the gray area of corporate legalese to eradicate Due Process of Law. Someone threatens with the intent to harm or calls for violence against someone(s), legal action via due process can be initiated. Until someone crosses the line into criminal behavior there is little for corporations like Big Tech to do about free expression or speech on their platforms. 

These companies can offer unfriend, mute, and block. 

Anything else should be pursued by the individual, not the corporation until a legal judgement has been rendered. The legal way is not always the quickest, cleanest, or clearest way, but it is the path of our judicial system.

But, but Citizens United made corporations equal with their free speech, in addition, Pruneyard Shopping Center v. Robins is outdated law and Big Tech monopolies are not shopping malls. 

The internet is the new public square and we have got to set some rules. 

First, the internet was created with American tax payer money. So whatever happens on the internet should be subject to our Bill of Rights, especially since most of the technology being used on the internet today including insular platforms was created with American tax payer money. 

See, DARPA, and maybe some IARPA too. 

So the Big Tech monopolies do not really have much legal legs to stand on. The internet is the public square. Your platform is open to the public. Big Tech monopolies have stated in the past that their platforms were public forums. 

Big Tech cannot have it both ways. 

You are either a paid private platform you control, or you are a public forum where the Bill of Rights is enacted. 

No legal wrangling is going to give Big Tech free reign to abuse its already considerable power over the market shares. 

So what do Americans do? Call for the Ma' Bell Solution? Break up all the technology companies until free and fair competition can operate? That is probably the best option. 

Because Big Tech has become what they hate with the absolute power they wield: mean, useless bullies. 

The 1st Amendment protects someone's speech if we agree with it or not. Without adherence to the rule of law, we are virtue signalling permission for a corporation to be an information gatekeeper. As a gatekeeper, media, internet platforms, and politicians have allowed censorship into our public discourse. This censorship is a prime example why corporations especially media need to stop playing god. 

Instead of information and investigative journalism, mainstream media now promotes propaganda and conspiracy theories, yet media outlets feel it is their right to tell the public what they can and cannot read, do, or say... that is an eye opening illustration, is it not?

We have a huge problem in this country and it starts with the gatekeepers. Americans need to reject censorship in all forms. Hate speech isn't a legal term; it's a psychological and emotional trigger phrase to make people reactionary instead of thinking for themselves

Americans have to get back to the basics. The only way to censor is to take said offenders to court and prove beyond a reasonable doubt that they have committed a criminal act. Corporations are not following due process of law. Internet platform monopolies believe they are the law. Big, huge, elephant in the room PROBLEM. 

Corporations have stepped over the line with the public. Corporations should never be in control of people's lives. Corporations should never parent the public. That is a breach of the public trust. 

In other words, take your supposed tolerance back to your safe space, it has no business in the adult room. The public square in a mall or internet forum is the adult room. The only ones acting like children are Big Tech monopolies hiding behind their Terms of Services to satisfy some immature need to control what the public says and thinks. 

That makes Big Tech censorship a form of hate speech. 

... and then they came for the technology monopolies, there was no one left to speak for them.


Thursday, February 27, 2014

Supreme Court Supports Police State and You Are No Longer Secure Anywhere

Staff Writer, DL Mullan
Bill of Rights / Supreme Court
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The Supreme Court yet again has shown the American People how irrelevant it has become.

In a 6-3 decision, the justices have decided that the the Fourth Amendment allows for warrantless searches and seizures because you are not at home to refuse the police, have been arrested, or your roommate can approve such a search without your consent. 
"We therefore hold that an occupant who is absent due to a lawful detention or arrest stands in the same shoes as an occupant who is absent for any other reason," Alito said.
As well in this case the Supreme Court went back on its decision of when two occupants disagree about letting the police in are present, the objecting occupant prevails. The justices ruled in 2006 in a 5-3 decision. That decision is now null and void. 

The case that changed the definition of the Fourth Amendment is as follows:
Police found a shotgun, ammunition and a knife when they searched the Los Angeles apartment that Walter Fernandez shared with his girlfriend, Roxanne Rojas.

Fernandez told police they could not enter. But shortly after his arrest, officers returned to the apartment and persuaded Rojas to let them in.

Fernandez is serving a 14-year prison term on robbery and guns charges.

When Rojas first answered the door for police, she was crying and holding her 2-month-old baby. She had a fresh bump on her nose, and blood on her hands and shirt. She said she had been in a fight.

At that point Fernandez appeared and ordered the police to get out, telling them he knew his constitutional rights. The police believed the couple had just been in a fight and removed Fernandez from the apartment in handcuffs. An officer noticed a tattoo on Fernandez' shaved head that matched the description of a robbery suspect. Fernandez soon was arrested.

California maintained in its argument at the court that police had enough evidence at that point to get a warrant. But they said one was unnecessary because Rojas had the authority to let them in, despite Fernandez's earlier objection.

The court agreed with that proposition Tuesday.

The case is Fernandez v. California, 12-7822.
Justice Ruth Bader Ginsburg wrote in her dissenting argument that "Fernandez's objection to the search did not become null upon his arrest and removal from the scene." A person being arrested for anything including domestic violence has not given up their rights. It's called due process, innocent before proven guilty, but the High Court no longer views Americans in this light.   

To refresh the memories of the Supreme Court, the Fourth Amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Supreme Court keeps introducing new decisions that vacate our rights and freedoms for the growth of the police state. This behavior of not providing checks and balances on the Executive Branch but encouraging such inequalities is inappropriate. It appears the Supreme Court wants the police, government, and military to be lawless within our own borders.

In this decision, is the Supreme Court sanctioning future edicts for martial law?


Source: AP, FindLaw

Monday, February 10, 2014

Tomorrow WE Fight Back...Won't You Join Us?

Staff Writer, DL Mullan
Mass Surveillance / Protest / Government
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Please join the Villa de Paz Gazette and The Day We Fight Back in protesting the Mass Surveillance state known as the NSA and United States government. 

Visit the link to the protest site, here and sign up your website or blog for tomorrow's online protest.

If you do not have a website or blog, then consider calling or emailing your Congressional representatives and demanding the Constitution be restored.


No government has the right to spy on you without a transparent court system and due process of law!

It's time to take a stand. 

Thank you!!!