Let's hear it for the First Amendment

[unixronin]

Well, unless you're on the Obama campaign, that is.  NewsMax reports that the Obama campaign has been sending "intimidating cease-and-desist letters" to radio and TV stations that air anti-Obama ads, including NRA ads, threatening them with loss of their FCC licenses, and is now urging Obama supporters to write letter campaigns to their local stations demanding that they not run the NRA's ads documenting his long-standing anti-gun record.

This is the second time the Obama campaign has been caught trying to suppress an opposing ad.  Remember when the PSA aired pointing out Obama's connection to a former Weather Underground leader, and Obama's campaign said the people running the independent nonprofit that put the ad together should go to jail for it?  Saying that criticism — even factual criticism — of even a Presidential candidate should be a crime punishable by jail is pretty scary, and not something I want to see in any Presidential candidate.  That's only about one long step away from declaring any criticism of the administration, justified or not, to be sedition.

It's been said that the Second Amendment is the most important in the Bill of Rights because it protects the First.  It looks like the Obama camp dislikes both, and is quite willing to attack the First Amendment to try to prevent the NRA from exposing Obama's dislike of the Second to voters, so that Obama can continue to stand up and say "I'm not anti-gun.  Really.  Would I lie to you?"

(And before any Obama apologists stand up and start accusing bias, yes, I already know the writing of the NewsMax article is hardly what could be called neutral.  I'm guessing it's an NRA-PVF press release published as-is.)

Comments

[jhetley.livejournal.com]

An example of why I lack enthusiasm for either major party candidate . . .

Obama's Letter to TV Stations about the NRA Ad

[gundogsonline.livejournal.com]

Here is a link the the letter to station managers from Obama campaign general counsel Bob Bauer:
Obama NRA Letter (http://abcnews.go.com/images/Politics/Obama%20for%20America%20Letter%20re%20NRA%20Ad3.pdf)

Source ABC News. Great read and gives you some insite into the canidates frame of mind.

Re: Obama's Letter to TV Stations about the NRA Ad

[unixronin.livejournal.com]

Thanks for the link.

(I've seen the Factcheck stuff the letter references before. I think in this case Factcheck is focusing on the strict letter, and ignoring things like past record. For example, there's already a perfectly good law barring civilian purchase of armor-piercing pistol ammunition; Kennedy's bill would have banned any ammunition that could be fired from any pistol, including things like the T/C Contender, that is capable of penetrating a police vest, which DOES include the majority of centerfire rifle rounds below about .358, most of which are available chamberings for the Contender. So yeah, it would have banned most deer-hunting rounds. The NRA is right on that one, and Factcheck is wrong.)

Re: Obama's Letter to TV Stations about the NRA Ad

[luxobscura.livejournal.com]

Exactly. I was thinking of the .308

Fairly popular big game round, and definitely capable and defeating Level IIIA, maybe even III armor

Re: Obama's Letter to TV Stations about the NRA Ad

[cipherpunk.livejournal.com]

From a 24" rifle barrel, a .308 will breach III. I can't say about a Contender.

[mazianni.livejournal.com]

If the media in general really wanted "...to protect the public from false, misleading or deceptive advertising." they'd stop airing all campaign ads. They'd probably stop airing a lot of other stuff too.

[unixronin.livejournal.com]

Yeah, like about 90% of commercial advertising. :)



(Seriously, folks. Watch Crystal Drano clear a sample sink-clog three times faster than Liquid Plumr, then watch Liquid Plumr clear an apparently identical sample sink-clog three times faster than Crystal Drano, and tell me with a straight face that neither one of them is lying.)

[metahacker.livejournal.com]

Crystal Drano doesn't get to throw me in prison, torture me, or take away all my stuff.

There are very good reasons why the political process SHOULD be held to a higher standard than commerce.

[unixronin.livejournal.com]

Absolutely. Just sayin' ... advertisers are just about all a pack of liars, and if anything, political ads are worse.

[dafydd.livejournal.com]

*sigh*

And, since when does the Ist Amendment have anything whatsoever to do with private parties challenging each other on what might or might not be appropriate speech?

Neither party you mentioned is a government. One of the two parties might want to be, but, as of now, they are both private entities, and any laws concerning free speech take second place to laws concerning slander and libel. (Of which I have no opinion, in this specific case.)

[unixronin.livejournal.com]

That's true. But one of these "private parties" wants to become President. Do you want a President who thinks the right of free speech doesn't extend to anything critical of him?

[beckyzoole.livejournal.com]

The right of free speech is always limited by law. There are and should be things that are illegal to say; the classic example being a prank shout of "Fire!" in a crowded theater.

False advertising and libel are and should be illegal, as well.

It seems to me that the Obama campaign's counsel was not trying to ban anything critical of Obama, per se. The letter I just read on the ABC website cited an FCC regulation against false advertising, a regulation that has been in place since 1961.

There are plenty of negative ads airing that are critical of Obama. I don't see any evidence that Obama is trying to restrict free speech.

I do, however, see the NRA lying, and continuing to lie in what it released to the Newsmax column. The Newsmax column states that the Obama campaign's attorney said ""This advertising is false, misleading, and deceptive," Bauer continued. "We request that you immediately cease airing this advertising.""

I have carefully checked the letter Bauer sent, as reprinted by ABC. I have scanned it and cannot find that quote anywhere in the letter.

In fact, the letter, which Newsmax describes as a "cease and desist letter", categorically does not contain the word "cease" at all.

I have just lost a little respect for the NRA over this lie.

[mazianni.livejournal.com]

This advertising is false, misleading, and deceptive," Bauer continued. "We request that you immediately cease airing this advertising."

That's about the third paragraph from the bottom of the letter. Actually, the letter says advertisement, not advertising.

[beckyzoole.livejournal.com]

I was wrong. I missed it, and my computer did too.

I had run a search for the phrase "We request that you immediately cease airing this advertising", and didn't find it (and wouldn't have, because, as you point out, the word used was advertisement, not advertising).

But then a ran a search for the word "cease" and didn't find that either. I think the quality of the photocopy or scan is not good enough; for some reason Adobe couldn't read the word "cease". I didn't remember seeing it, so I thought the quote was invented.

Thank you for pointing to the third paragraph from the end.

[unixronin.livejournal.com]

The Newsmax column states that the Obama campaign's attorney said ""This advertising is false, misleading, and deceptive," Bauer continued. "We request that you immediately cease airing this advertising.""

I have carefully checked the letter Bauer sent, as reprinted by ABC. I have scanned it and cannot find that quote anywhere in the letter.

That's funny, because I found it....

[ilcylic.livejournal.com]

What is the NRA lying about?

[lonewolf545.livejournal.com]

But theatergoers are not muzzled to prevent them from falsely shouting "fire" in a crowded theater. They just can't rely on a First Amendment defense if they should do so and are prosecuted for inciting a panic.

For eight years I've heard people complaining about what a police state Bush is trying to create. But I've never once seen evidence of him recruiting prosecutors to pursue action against those making "false" claims against him. In this case, Obama is trying to misrepresent his record, and the media is mostly letting him get away with it. He claims to support the Second Amendment, but has NEVER voted for gun rights, and has even refused to sign on to petitions in favor of gun rights. Actions speak louder than words, and Obama's actions have been hostile to gun owners, and on top of that, he's threatening the FCC licenses of media stations that air spots from those attempting to portray those actions.

[cipherpunk.livejournal.com]

It's worth noting that there are some very well respected Supreme Court justices who would claim the First Amendment does protect the right to shout "Fire!" in a crowded theater. Justice Hugo Black, for instance, was an unabashed advocate of total freedom of speech at the federal level, believing the Constitution granted Congress no ability to pass a law restricting it, which gave the Executive no ability to restrict, which gave the Judiciary no right to declare those restrictions legal.

[radarrider.livejournal.com]

Not to mention the near certainty of the Fairness Doctrine being revived should Obama be elected. I fully expect legislation to be crafted in both houses. The House will pass it. The Senate bill will hopefully be blocked by Republicans. Should it make it through, Obama will sign it.

Then it will be "selectively" enforced.

[bratling.livejournal.com]

Gah! Newsmax! Those are the fuckers that won't stop spamming me!