In
Our Opinion
9-11
Funds: Follow the Money
Perhaps
the folks at the United Way and the New York Community Trust felt
bad for the American Red Cross, sitting alone atop the Congressional
hot seat for the alleged mishandling of 9-11 funds. What else could
explain their shelling out $30,000 in "grant" money from
their September 11th Fund to the Asian American Legal
Defense and Education Fund (AALDEF), an Asian-American civil rights
group?...[more]
Checkoff
Battle Marches On
The U.S.
Supreme Court last week denied the petition for a writ of certiorari
from Kansas farmer and cattleman Jerry Goetz, who raised a First
Amendment challenge to the Beef Promotion and Research Act of 1985,
which established the national Beef Checkoff program...[more]
Confirm
the Judges, Mr. Chairman
Senator
Leahys stated commitment could not be more urgent. The problem
is it was made on February 22, 2000, when Mr. Leahy was ranking
member of the Senate Judiciary Committee, Republicans held the chambers
majority and Bill Clinton was President of the United States...[more]
Entertainment
Industry Wins Its Day in Court
For
those following the debate over "free speech" vs. intellectual
property rights on the Internet, Wednesday, November 28, 2001, was
a day to remember. What occurred was a confluence of legal decisions
from federal courts in New York and New Jersey that dealt a severe
blow to those seeking to overturn key provisions of the much-maligned
Digital Millennium Copyright Act (DMCA)...[more]
Center
Urges Immediate Senate Action on Comprehensive Energy Plan, Including
ANWR Exploration
In
a letter to Majority Leader Tom Daschle (D-SD), the Center for Individual
Freedom urged immediate Senate action on the bipartisan comprehensive
energy plan already passed by the House of Representatives, including
provisions to open the Arctic National Wildlife Refuge (ANWR) to
oil and gas exploration. "There is no issue more important
to our nations security than reducing Americas dependence
on foreign oil."...[more]
The
Genie is Out of the FBIs "Magic Lantern"
Since the
tragic events of September 11, there has been considerable debate
over increased government powers to fight the war on terrorism.
Some of these new powers may be necessary, while others could result
in more harm than good by eroding some of the fundamental freedoms
that our constitutional republic requires.
The most
recent debate centers on a new technology the FBI is reportedly
developing called "Magic Lantern." ...
[more]
Copyright
Holders Get Burned by DVD Ruling
In a battle
that helped define the debate over intellectual property rights
versus "free speech" on the Internet, a California state
appeals court has lifted an injunction against the online posting
of code that can be used to circumvent DVD piracy protections...[more]
New
Counterterrorism Law Calls For ID Cards
Hidden
in the details of the nations sweeping new counterterrorism
law was a last-minute provision slipped in by Sen. Christopher Bond
(R-MO) that could require all foreigners to use identification cards
to enter the United States...[more]
Center
Runs Ad Labeling Senator Byron Dorgan the Internet Tax Man
With state
and local taxing authorities and tax-hungry governors standing by
to impose new and discriminatory taxes on the Internet and taxes
on Internet access, Congress failed to pass an extension of the
Internet tax moratorium before it expired on October 21. On October
16, the House of Representatives passed a limited two-year extension
of the moratorium, but the Senate failed to follow suit after Senator
Byron Dorgan (D-North Dakota) prevented a vote on the measure. When
taxpayers get their first Internet tax bill and want to know whos
responsible, thank Senator Byron Dorgan, the Internet tax man. To
view the ad, click here.
Straight
Talk About Dissembling Dorgan
The
Internet tax moratorium expired on October 21. It did so because
one U.S. SenatorByron
Dorgan, Democrat of North Dakotablocked a vote on a House-passed
bill that would have extended the ban on Internet taxes for two
years...[more]
Exploring
ANWR:
Why
Two Thousand Acres in Alaska Are a Matter of National Security
Americans
are fast adjusting to the reality that the first war of the 21st
Century will not be over quickly; it may take years. With that reality
comes the responsibility to seriously reexamine long-term needs
in light of new national priorities. First and foremost on anyones
list must be national security...[more]
Ranchers
and CIF File Brief in Support of Preliminary Injunction in Beef
Checkoff Lawsuit
Attorneys
for Jeanne and Steve Charter in Montana and the Center for Individual
Freedom (CIF) filed a brief on October 12, 2001, in support of their
motion for preliminary injunction in a lawsuit challenging the constitutionality
of the mandatory beef promotion program...[more]
To
read the full brief in support of motion for preliminary injunction,
click
here.
The
Civil Liberties Coalition
The
American Civil Liberties Union (ACLU) has announced formation of
a massive coalition of groups and individuals to address civil liberties
concerns as this country determines the course ahead while still
absorbing the aftershocks of 9-11.
The Center
for Individual Freedom was not asked to join. We did not volunteer.
The individual freedoms of all Americans constitute our basis for
existence, but we are more comfortable, for now, with our singular
voice, small though it is, than that of a collective formed by an
organization which, much too frequently, seems to have lost its
way...[more]
CIF
LAUNCHES "GOT MILKED?" ADVERTISING CAMPAIGN;
Urges U.S. Dairy Producers to Join Fight Over Mandatory Advertising
Programs
The
Center for Individual Freedom (CIF) on September 24, 2001, announced
the launch of an advertising campaign aimed at enlisting the support
of U.S. dairy producers in the battle over the nations commodity
checkoff programs...[more]
To View The Ad Click Here
9-11
Through the
most graphic and gruesome of images, the attack forces the understanding
that we have now experienced a preview of war in the 21st century,
where there are no rules of engagement...[more]
That
Newfound Religion Will Keep You Out of Jail
Want
to confess to a crime but do no time? Forget your lawyer, your shrink
and your priest. Just join Alcoholics Anonymous and tell everyone
you meet there even though you know only their first names.
Its okay. A federal judge said so, because AA is a religion.
That
is the crudely stated result of one of the most bizarre judicial
rulings in recent memory, and courts have to work overtime these
days to achieve such distinction...[more]
CHECKOFF
FIGHT BUILDS MOMENTUM
130
Independent Cattlemen and Nine National, State and Regional Organizations
Join Lawsuit Over Mandatory Beef Promotion Program
In a motion
filed in Federal District Court in Billings, Montana on September
14, 2001, 130 independent cattle producers and nine organizations
joined Montana ranchers Steve and Jeanne Charter and the Center
for Individual Freedom in the legal battle over the Beef Checkoff
Program. The coalition of cattlemen and agriculture groups, in requesting
permission to intervene on the Charters behalf, declared the
Checkoff "unfair, undemocratic, and unconstitutional."
...[more]
LEGAL
ATTACKS MOUNT IN BEEF CHECKOFF BATTLE
Cattleman
Appeals Case Against Beef Checkoff to U.S. Supreme Court
In
yet another legal challenge to the constitutionality of the beleaguered
mandatory beef promotion program, a petition was filed today at
the U.S. Supreme Court by Kansas farmer and cattleman Jerry Goetz,
with support from the Center for Individual Freedom...[more]
Ranchers
and Center for Individual Freedom
Join
Forces in Beef Checkoff Lawsuit
An
independent cattle producing family in Montana and the Center for
Individual Freedom (CIF) on August 7th filed briefs in
a lawsuit challenging the constitutionality of the mandatory beef
promotion program...[more]
Judge
Rules in E-Book Copyright Dispute
In
yet another case involving copyright law in the digital age, Judge
Sidney H. Stein declined to issue a preliminary injunction against
RosettaBooks, an upstart e-book publishing group, that has been
publishing electronic versions of books originally printed by Random
House... [more]
Rental
Cars With an Eye in the Sky
Next
time you rent a car, you better be on your best behavior -- you
never know who might be watching
[more]
Of
Guns and the Law
They started
with a bang in the Age of Columbine. Thirty-three cities and counties
filed lawsuits against gun manufacturers, aided and abetted by some
trial lawyers who hadnt made a big score since they shook
down the tobacco industry, aided and abetted by the states
This
is great stuff thought much of the media, which devoted thousands
of reports to the lawsuits and every gun horror story they had ever
heard... [more]
This
is disgraceful, now says Robert Levy, the brilliant constitutional
scholar of the Cato
Institute who thoroughly dissects the lawsuits
in "Pistol Whipped: Baseless Lawsuits, Foolish Laws."
To read the full text of Mr. Levys paper, reprinted with
permission from Mr. Levy, click
here.
The
E-book Copyright Dispute: Can You Judge A Book By Its Cover?
What
is a "book"? What does "in book
form" mean? Who owns the copyright to electronic versions of
books (e-books)? These are just a few of many questions that federal
Judge Sidney Stein of the Southern District of New York is weighing
in a dispute between publishers involving the electronic publishing
of e-books...[more]
Academic
Freedom and the Digital Divide
Safecracking
101? Advanced Jailbreaking? Securities Fraud for the New Millennium?
The First Amendment Guide to Fun and Profit? Publishing Government
Secrets in a Deconstructionist Era? Are those courses not yet available
at your local college or university? Just wait awhile, because if
the latest argument on "academic freedom" takes hold,
they soon could be
[more]
John
McCain and the Constitution
He's
the darling of the media, the heroic champion of campaign finance
"reform" and the independent maverick who finally outmaneuvered
the U.S. Senate leadership to get his way. John McCain is also one
of the greatest enemies of the U.S. Constitution in any position
to affect it
[more]
Free
Speech or Suppression?
College
Newspapers Get a New Opportunity To Reflect on the First Amendment
The
ad was provocative -- intentionally so. Produced by noted conservative
author David Horowitz, it argued forcefully against the notion that
U.S. descendants of slaves should be entitled to financial reparations.
The ad was made available to 51 college newspapers as a paid insertion...[more]
Campaign
Finance Reform: The Unconstitutional Saga Continues
The
unconstitutional campaign finance reform legislation generally referred
to as McCain-Feingold and currently being debated in the U.S. Senate
just got more so, the legislative maneuvering became even more cynical
than it has been and the media continues to demonstrate that the
only free speech they support is theirs
[more]
Privacy
For Sale
As
the "dot-com" craze continues to slow and more and more companies
fall victim to bankruptcy, are consumer privacy rights being sacrificed
for a quick buck? Apparently so
[more]
Victory
for the First Amendment
The
First Amendment scored a victory on March 28 -- albeit an exceptionally
controversial one.
Ruling
for the Ninth Circuit Court of Appeals in Planned Parenthood
v. American Coalition of Life Activists, a three-judge panel
unanimously reversed a lower court decision that fined abortion
opponents $109 million
[more]
Hanging
Up On Junk Science Lawsuits:
Trial Lawyer Peter Angelos Takes On Cell Phone Industry.
When
the Washington Post trumpets the headline "More Dumb Lawsuits"
on its editorial page, you know this one has to be way off base,
and it is
.[more]
Dance
of the Word Warriors
The
letter from Kate Michelman, president of the National Abortion Rights
Action League (NARAL), was blunt: "You and I need to be prepared
to oppose George W. Bushs nominees to the Supreme Court."
Never
mind that there are no vacancies on the Supreme Court...
[more]
New
Twist in The Cell Phone Wars
The
latest legal and legislative bell ringer involves the use of hand
held cell phones while driving. On December 1, New York will become
the first state to ban the use of such devices while driving an
automobile. Meanwhile, more than 38 other states are considering
some type of restrictions of their own on cell phones and driving...
[more]
Those
Who Know Don't Say Those Who Say Don't Know
Behold
the politician at work. While Governor Gray Davis is not singularly
responsible for Californias energy crisis, he appears to be
exerting great effort to exhibit the most disgraceful behavior as
a result thereof... [more]
The
Return of Napster
For
those of you logging on to Napster over the past several weeks you
may have heard something startling: Silence... [more]
The
Washington Post: They Dont Get It
According
to a July 30 editorial in the Washington Post, you can stop worrying
about Congress response to the nations energy crisis...[more]
CIF
Launches Advertising Campaign to Extend Internet Tax Moratorium--September
4, 2001
The Center
for Individual Freedom (CIF) today launched a television advertising
campaign urging Congress to extend the Internet tax moratorium and
oppose efforts by states to force out-of-state merchants to collect
sales and use taxes on Internet purchases. To read the full press
release, click here.
To view the commercial, click here.
School
Days, Fool Days
Its
happening again. In Ft. Myers, Florida, a high school senior and
National Merit Scholar was arrested, spent time in jail, has been
suspended from school and will miss graduation because a
kitchen knife was found on the floor of her car. This is declared
to be a violation of "zero tolerance" policy barring possession
of "weapons" on school grounds... [more]
You
Go, Girls!
Editors
Note:
Were all at the beach, too. This column was written by the
summer intern. We apologize for the demented tone of such immature
sexist rantings. We wouldnt have run it, but he started screaming
"The First Amendment Rules" at the top of his lungs. We
bought him every version of "Stairway to Heaven" ever
recorded and sent him back to school.
Those wacky gals at the National Organization for Women (NOW) are
at it again. While all but the Feministas and Margaret Carlson are
at the beach in bikinis, the press-release-a-day sisterhood is busy
sending letters trying to stop CNN from adding Rush Limbaugh to
its on-camera roster...[more]
"Florida:
Aliens Found at Space Center"
Headline
writers are a unique and important breed. Their ability to distill
the essence of a story into two, four, six or eight words, to craft
a headline that both sings and sells newspapers is an art too often
overlooked... [more]
Campaign
Finance Reform
Finis for Now
So-called
campaign finance reform is gone for now, except for the shouting,
the recriminations, the jockeying for positionthe 10-cent
public dance of the dwarves that denigrates most who participate...
[more]
Gone
With the Injunction
We
have not read Alice Randalls novel, The Wind Done Gone. None
of us may ever be able to legally.
Ms.
Randall, heretofore a screen writer and songwriter, set out to use
the setting and characters from Margaret Mitchells Gone With
the Wind, but to write from the perspective of a slave whom she
portrays as Scarlett OHaras half sister
[more]
Florida:
Separation of Powers Duel in the Sun
During
the presidential election that will never end, the Florida Supreme
Court was rebuffed twice by the U.S. Supreme Court for election
rulings contrary to the U.S. Constitution. Among the violations
was usurping the power of the Florida legislature, which sets the
rules governing elections and, in fact, has the plenary power to
name Florida's electors for President, should it so choose... Now,
"it's payback time"
[more]
A
Microchip For Every Pet?
The
California Legislature is considering a bill that would force the
owners of dogs and cats in that state to have a microchip inserted
into their pets and entered into a national database at the Department
of Food and Agriculture. We didn't make this up
[more]
The
State of the V-Chip Republic
Remember
the V-Chip, the television device that was intended to give parents
control over all that nasty television content? The one that Congress
forced into virtually every television set sold in this country
since January, 2000 with the cost passed to consumers...[more]
Free
Speech at ACLU/Hawaii
According
to the Honolulu Star-Bulletin, the board of ACLU/Hawaii has
reversed its decision not to invite U.S. Supreme Court Justice Clarence
Thomas to debate at a First Amendment conference, apparently in
response to a barrage of criticism of a group that purports to champion
free speech...[more]
A
Kennedy Goes to Jail
Robert
F. Kennedy, Jr., - the son of a former U.S. Attorney General
and nephew of a president is going to jail...
[more]
"We
Have Met the Nazis of Skokie . . ."
Presumably,
the ACLUs position on free speech and the First Amendment
is educated, principled and apolitical, although the recent spectacle
of current ACLU leadership declaring elements of so-called campaign
finance reform unconstitutional followed by a passel of former leaders
who trotted out to say the opposite left us puzzled... [more]
Killer
Law
In
attempting to obey the new law in Suffolk County, New York, which
prohibits cell phone use while driving, William Vasquez pulled off
the road to make a call. He was struck and killed by the driver
of a Newsday delivery truck... [more]
Freaks,
Geeks and Grups: The
Eternal Conflict (Episode 3,000,013)
It
is difficult to write about "freak dancing" when one has
never done it or seen it. Brief clips shown on television are sufficiently
and appropriately dark to be of little help. Not to mention that
when any phenomenon becomes the Cover Story of USA Today, its
already too passé to merit much beyond perverse academic
interest... [more]
Smile
Youre
on a National Park Service Camera
If
youre one of more than 25,000 daily commuters who travel along
the George Washington Memorial Parkway in northern Virginia there
could be a big surprise waiting for you at home if you break the
speed limit...[more]
(Free
to) Swim with the Sharks
The
New York Times -- which usually reports on those who save whales,
build habitat for the great hairy pygmy mollusk and recycle plankton
into alternative fuel/food -- has once again demonstrated its journalistic
leadership
[more]
History
Revisited
Emerging
world reports indicate that the Taliban the fundamentalist
Muslim sect that now controls 95 percent of Afghanistan will
require that Afghan Hindus wear identification labels on their clothing.
That which
needs to be said about this is plain and simple, but it needs to
be said loudly to world leaders. Weve been here before. This
time, we have fair warning and the sickening lessons of history
to guide us.end
Guest
Commentary
The
War on Terrorism
By Bruce
Herschensohn: Since September 11, President George W. Bush has
taken extraordinary measures to find terrorists in the United States,
and he has signed an Executive Order allowing military commissions
to handle the trials of terrorists who are non-U.S. citizens. In
addition, there are efforts to locate terrorists by questioning
and even detaining suspects. Those executive efforts have sparked
debates often characterized as "personal rights vs. public
safety after September 11." That distinction is not only inaccurate,
it is dangerous, as it causes liberty-loving people who place personal
rights well above public safety to think in false terms
[more]
Campaign
Finance and the First Amendment
By
Erik S. Jaffe: McCain-Feingold
represents a frontal assault on a variety of First Amendment principles,
some, but not all, discussed in this paper. Because Buckley and
its progeny are under attack from both supporters and opponents
of campaign finance restrictions, and because the Supreme Court
may well move in a new direction when next called to confront these
issues, anyone concerned with individual freedom must consider the
First Amendment issues from the perspective of first principles
[more]
Pistol
Whipped: Baseless Lawsuits, Foolish Laws (pdf
download)
By Robert
A. Levy, senior fellow in constitutional studies at the Cato Institute,
reprinted with permission from Mr. Levy: Although Congress and
the majority of state legislatures have resisted enacting draconian
gun control laws, the courts are the final bulwark in safeguarding
our constitutional right to keep and bear arms. Yet the courts of
late have been the scene of unprecedented attacks on that right
as gun control advocates have used the judiciary to make an end-run
around the legislative process.
To download
the pdf, click
here.
The
Tension Between Free Speech and Copyright
By
Stan Morris: The ease of putting material on the Internet has
generated a great number of legal stresses, including conflicts
between intellectual property law and the First Amendment. A recent
case brought by Universal Studios against a hacker illustrates these
conflicts...[more]
Cowboys
Dont Walk; A Tale of Two
By Anne Goddard Charter. "When we die, America dies
"
Introducing a uniquely American chronicle of a proud Montana ranch
family that embodies the Western spirit
[more]
"Taking"
Away Music Copyrights:
Does
Compulsory Licensing of Music on the Internet Violate the Fifth
Amendments Takings Clause?
by Laurie Messerly: The
paper, "Taking" Away Music Copyrights," asks the
question: Does compulsory licensing of music on the Internet violate
the Fifth Amendments Takings Clause? We believe a substantive
argument can be made that it does...[more]
State
v. Oakley: Deadbeat
Dads and the Right to Procreate
by
Tom Goldstein, esq. The Wisconsin Supreme
Courts recent opinion in State v. Oakley, No.
99-3328-CR (Wis. July 20, 2001), presents important and novel questions
regarding how far the government may go in imposing a criminal sanction
or condition of parole that restricts an individuals ability
to have children...[more]
Whats
Wrong With the Flagburning Amendment
by
Prof. Eugene Volokh, UCLA School of Law: (a version of this
op-ed was published in the L.A. Times, July 18, 2001)
"Congress shall have power to prohibit the physical desecration
of the flag of the United States, and the flying of the Confederate
flag."...[more]
Menacing
Speech, Today and During the Civil Rights Movement
By
Prof. Eugene Volokh, UCLA School of Law, originally published in
slightly different form in the Wall Street Journal, April 3, 2001:
The Nuremberg Files case, decided Wednesday by the U.S. Court
of Appeals for the Ninth Circuit, has been reported as a victory
for pro-life advocates. But the broader question the case raises
-- when may the law punish menacing political speech? -- means there's
much more at stake here than this one particular movement...[more]
"IN
GOD WE TRUST" IN THE CLASSROOM:
National Motto or Violation of the First Amendment?
By
Stan Morris: Mississippi has passed a law mandating that the
phrase "In God We Trust" be displayed in every classroom
in the state. As a national motto, we find this phrase on our money
and other places throughout the nation. This slogan has been recognized
as constitutional when used by the federal government. The latest
rendition of that opinion by the United States Supreme Court was
in 1989 in the case of Allegheny County v. Greater Pittsburgh ACLU,
in which Justice Blackmun recognized the motto as being part of
our national psyche
[more]
ECONOMIC
LIBERTY 101:
A Crash Course for California's Governor Gray Davis
By
Michael Giorgino: Governor Gray Davis sat stone-faced while
President Bush told California business leaders, "Price caps
do nothing to reduce demand, and they do nothing to increase supply."
Davis then renewed his demand for price controls on energy, threatening
a lawsuit to force the administration to impose federal caps on
the rates charged by out of state generators...[more]
Gone
In A Mushroom Cloud
by
Lee Pitts, Executive Editor, Livestock Market Digest: Whether
you like your beef with or without mushrooms, a recent decision
by the Supreme Court is going to leave a decidedly toadstool taste
in the collective mouth of the beef industry for a long time...[more]
Just
The Facts
Free
Speech Put to the Test in Jefferson's Backyard
The
Charlottesville, Virginia City Council is currently debating whether
to allow a private organization to build a 65 feet long, 8 feet
high chalkboard on public land across from City Hall as a monument
to First Amendment rights
[more]
Appeals
Court Halts Microsoft Breakup; Disqualifies District Judge
The
Court of Appeals for the District of Columbia has reversed U.S.
District Judge Thomas Penfield Jacksons ruling to split Microsoft
into two companies...[more]
School
Finger Scans: High-tech convenience, but at what price?
School
administrators claim to have found a new high-tech method to more
efficiently manage students' time, while teaching them responsibility
and how to manage money
[more]
Music
Industry Embraces Online Music Service
In
an attempt to provide legitimate access to music on the Internet,
the five major record companies announced that they have joined
with MTVi Group, the Internet division of the cable TV outlet, to
launch a new website allowing consumers to download music from the
Internet based on a per use or monthly subscription fee
[more]
Appeals
Court Hears Arguments in "Shthpns" Case
There
are many varieties of vanity license plates in Vermont, but "Shthpns"
may not be among them if a federal appeals court rules against its
owner
[more]
The
Battle Over Napster
What
supporters hail as a symbol of "Generation Next" ingenuity and the
"freedom of the Internet" has ended in a landmark federal appeals
court ruling that will have a dramatic effect on intellectual property
rights and the sharing of music on the Internet
[more]
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