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1997-12-19 - Re: Freedom Forum report on the State of the First Amendment

Header Data

From: dlv@bwalk.dm.com (Dr.Dimitri Vulis KOTM)
To: cypherpunks@toad.com
Message Hash: 1d0f5f615b124404788af5bf8ee07dfc564ea7689c2f8db92e07880e3e8a4bf5
Message ID: <53iyHe20w165w@bwalk.dm.com>
Reply To: <v0310280ab0bf85cba6f6@[207.167.93.63]>
UTC Datetime: 1997-12-19 12:26:36 UTC
Raw Date: Fri, 19 Dec 1997 20:26:36 +0800

Raw message

From: dlv@bwalk.dm.com (Dr.Dimitri Vulis KOTM)
Date: Fri, 19 Dec 1997 20:26:36 +0800
To: cypherpunks@toad.com
Subject: Re: Freedom Forum report on the State of the First Amendment
In-Reply-To: <v0310280ab0bf85cba6f6@[207.167.93.63]>
Message-ID: <53iyHe20w165w@bwalk.dm.com>
MIME-Version: 1.0
Content-Type: text/plain



Tim May <tcmay@got.net> writes:

> At 4:46 PM -0700 12/18/97, Declan McCullagh wrote:
>
> >   Keynote speaker Keen Umbehr told the audience that he lost his job,
> >   his community and even family and friends during his First Amendment
> >   battle with the county commission in Wabaunsee County, Kansas.
> >
> >   Umbehr, who had a contract to haul the county's trash, also wrote
> >   editorials for the local newspaper, often alleging violations of law
> >   and other misconduct by the county commission. "What I wrote was true,
> >   and I could back it up," Umbehr said. "I believed that my
> >   constitutional rights were live and real, waiting to be activated. I
> >   felt that writing articles and speaking out about the government not
> >   only was my right, it was my duty to speak the truth, regardless of
> >   the fact that my whole livelihood was based on that county contract."
> >
> >   The county terminated his contract in retaliation for his articles.
> >   Umbehr sued, and the case went all the way to the U.S. Supreme Court.
> >   In June 1996 the court upheld Umbehr's free-speech rights.
>
> This is part of why the First Amendment is being eroded constantly. It is
> seen as a _political_ issue.
>
> The role of the _county_ in hiring or not hiring Keen Umbehr is
> problematic, but not because of prior restraint issues.
>
> Were far, far, far fewer persons hired by the government, the issue would
> be much simpler.
>
> Suppose RealBig Corporation fired Umbehr for his views. Would a First
> Amendment issue have arisen? Of course not. In a free society, RealBig is
> free to hire whom it wishes, and to refuse to hire niggers, homos,
> perverts, Jews, whatever. And to fire anyone who wrote opinions the
> managers at RealBig disliked.
>
> Mr. Umbehr may have had a cause of action based on his employment contract,
> and the various rules which govern government employees, but it was hardly
> a First Amendment case.
>
> Except in the "liberal" sense, which is exactly why the First is being eroded

This has no crypto relevance (not surprising, coming from Timmy)

1st Amendment says, "the congress shall pass no law".  It says nothing about
some redneck county not being allowed to curtail free speech.  if you don't
like it, move to another county.

---

Dr.Dimitri Vulis KOTM
Brighton Beach Boardwalk BBS, Forest Hills, N.Y.: +1-718-261-2013, 14.4Kbps

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