Free Speech Isn't Free: Court Barring Access To Brief About Free Speech
from the irony-is-free dept
One of the tenets behind the First Amendment and the concept of supporting free speech is the idea that you're protecting the right to speech that you don't like just as much as speech that you do like. That's why it's somewhat troubling to find out some of the details behind the First Amendment issues raised in a case, which involves the court sealing an amicus brief filed by the Institute for Justice and the Reason Foundation. It's not clear why the brief has been sealed, but, apparently, it's got something to do with the fact that the judge, who issued the order, didn't want people discussing the case -- a free speech case, remember -- publicly:Liptak, who has seen part of the secret 10th Circuit order that keeps the amicus brief sealed, says one reason the appeals court gave for its decision is that allowing distribution of the brief would help I.J. and Reason publicly make their case that Reynolds is being persecuted for exercising her First Amendment rights. One of their goals, the Court said, "is clearly to discuss in public amici's agenda." Obviously, we can't have that.Most of the other background surrounding the case makes the argument that the woman, who is upset about being silenced, is annoying and irritating. However, as the folks at Reason point out, that's hardly a crime.
It bears emphasizing that the I.J./Reason brief is based entirely on publicly available information. It does not divulge any confidential grand jury information, protection of which is the rationale for sealing the documents related to Reynolds' case. The only purpose served by sealing it is to make talking about the case harder.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: free speech
Reader Comments
Subscribe: RSS
View by: Time | Thread
or 'ALL speech isn't FREE'..
something like.
ALL Speech isn't free
Why are you making the assumption that if you have 'free speech' then 'ALL speech therefore must be 'free'.
By assuming that "all speech is free" therefore I have a right to access all that has been spoken, written or whatever. You are wrong !!!.
Clearly, that is not the case, and its nieve at best to make the false claims that if you say something, it is therefore "free for all".
In your world, there would be a major conflict between the 5th amendment and 'free speech'.
If you can see that, great, but I have my doubts...
Its also hard to see what you motive for wanting to pry into the busines of other people??
Or trying to gain points off legal and privacy issues for copyright, patent and so on. Disregarding what the underlying point of the case is in the first place.
Like your raging against ACTA, they dont include you in their talk, because they dont WANT your input. They have already received public input, and they need time THEMSELVES to work out the details.
What would or could you have contributed ? Nothing constructive, all your suggestings were or are about how bad it is, and how they are not 'open' enough for you !!.
[ link to this | view in chronology ]
Re: or 'ALL speech isn't FREE'..
You don't see a problem with them getting their own way with that?
The jury's out, so to speak, on this particular case as we don't know the full reasons for sealing the brief as yet nor its contents. ACTA, on the other hand, is a clear case of corporate interests being followed while consumers and the public were openly blocked from even participating. A shame you thing that's something that's right in a democratic society, but not surprising coming from you.
[ link to this | view in chronology ]
Re: or 'ALL speech isn't FREE'..
[ link to this | view in chronology ]
Re: or 'ALL speech isn't FREE'..
[ link to this | view in chronology ]
Re: or 'ALL speech isn't FREE'..
[ link to this | view in chronology ]
Re: or 'ALL speech isn't FREE'..
[ link to this | view in chronology ]
Re: or 'ALL speech isn't FREE'..
It's very acceptable to question at this point in time why that piece has not been made public.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Biggest flaw in "Free Speach" is...
People like little mikee sit here and spew garbage encouraging piracy and IP theft etc, and yet is left free to spew the crap even as those who follow get fined or go to prison for believing his crap.
little mikee's crimes may not be as bad as the racial hate groups, but it is no different.
[ link to this | view in chronology ]
Re: Biggest flaw in "Free Speach" is...
The purpose of free speech is to allow people to say what they want without govt imposed punishments. Otherwise free speech exists everywhere, I am free to criticize the govt but they are free to kill me as a consequence.
[ link to this | view in chronology ]
Re: Biggest flaw in "Free Speach" is...
[ link to this | view in chronology ]
Re: Biggest flaw in "Free Speach" is...
Human's are not carnivores, they're omnivores, dude.
Try to stay on topic, Big Michelle.
[ link to this | view in chronology ]
Re: Re: Biggest flaw in "Free Speach" is...
[ link to this | view in chronology ]
Re: Biggest flaw in "Free Speach" is...
[ link to this | view in chronology ]
Wow
Perhaps some of these naysayers can actually address your question of WHY this information would be sealed instead of using this occasion to spew their own "protected under the 1st amendment" drivel.
[ link to this | view in chronology ]
Re: Wow
[ link to this | view in chronology ]
Re: Wow
[ link to this | view in chronology ]
Tricky Dick, The DEA, and The War On Drugs
So the Government gets in the way of Dr's treating patients.
Wait until Obama Care goes into full force.
[ link to this | view in chronology ]
As it was filed as a friend of the court, maybe there was some personal information in the briefing that while should sway the ultimate case, doesn't really belong in the public domain.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Freedom Isint Free
"Freedom costs a buck 'o five"
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
and every corpse of the founding fathers just rolled over in there graves
It is supposed ot be free, as in unhindered, unthorttled, uncapped , unmitigated, and prejudged.
Further proof the USA is not a democracy, not a republic but a fascist police state
[ link to this | view in chronology ]
Update from Reason.com
The Chilling Effect of Grand Jury Subpoenas (and Secrecy)
The article also notes that the sealed document was uploaded to Scribd, but since I can't get there from my work computer, I am unable search for it and post a link. Perhaps some enterprising individual not behind a corporate blockade can dig it out for us.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
If not, can you offer your opinion in the context of the article and amicis being discussed?
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re:
1. A woman and her organization speak out against what they feel is the unfair prosecution of a doctor.
2. The attorney general tries to have her gagged by the court to prevent her from speaking out.
3. When that fails, the attorney general has them subpoenaed for all their records (not because she has evidence that they did anything criminal, but because they disagreed with her and she wants them to shut up).
4. When they refuse and elevate the issue to a higher court, Reason/IJ submit an amicus brief on her behalf, detailing how the grand jury process is being used to stifle free speech in this case.
5. The judge seals the Reason/IJ amicus brief, giving the reason that he's afraid that people might read it.
How does the first amendment not apply here? It really doesn't get a whole lot more cut and dried than thism folks. If the first amendment doesn't protect your right to speak up in public about an issue of prosecutorial misconduct, or even talk about the act of talking about prosecutorial misconduct, then what does it protect?
Think, then speak.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
This judge is in the wrong part of the Galaxy
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
First Amendment
[ link to this | view in chronology ]
Sheeple Syndrome
Soren Kierkegaard 1813-1855
[ link to this | view in chronology ]
[ link to this | view in chronology ]