Tag: free speech

Naomi Wolf’s The End of America – the movie

The End of America – a film by Annie Sundberg and Ricki Stern

Here is a summary1 of the ten steps discussed and illustrated by Ms. Wolf in the movie.

10 STEPS THAT CLOSE AN OPEN SOCIETY

1. invoke an internal and external threat
People who are afraid are willing to do things that they wouldn’t otherwise do.

2. establish secret (unaccountable) prisons where torture takes place
In a secret system, the government does not have to provide any proof of wrongdoing by those it holds, so it can incarcerate anyone it wants.

3. develop a paramilitary force
A private military force — under the exclusive direction of the “commander in chief” with no accountability to Congress, the courts, or the public — blurs the line between a civilian police force and a militarized police state.

4. surveil ordinary citizens
People who believe they are being watched are less likely to voice opposition.  To scare a population into silence, the government need only monitor the activities of a few to make everyone fear that they are being surveilled.  Every closed society keeps a “list” of so-called opponents it tracks.

5. infiltrate citizen’s groups
Spies in activist groups put psychological pressure on genuine activists by undermining their trust in one another. They may also disrupt legal activities, undermining the effectiveness of group efforts.

6. detain and release ordinary citizens
Detention intimidates or psychologically damages those arrested and also lets everyone know that anyone could be labeled an “enemy combatant” and “disappeared.”

7. target key individuals
People are less likely to speak out when those who are highly visible, like journalists, scholars, artists, or celebrities, are intimidated or have the livelihoods threatened.  Targeting those who are especially visible makes it less likely that people will speak out and robs society of leaders and others who might inspire opposition.

8. restrict the press
The public is less likely to find out about government wrongdoing if the government can threaten to prosecute anyone who publishes or broadcasts reports that are critical of the government.

9. recast criticism as espionage and dissent as treason
People who protest can be charged with terrorism or treason when laws criminalize or limit free speech rather than protect it.

10. subvert the rule of law
The disappearance of checks and balances makes it easier to declare martial law, especially if the judiciary branch continues to exercise authority over individuals but has no authority over the Executive branch.

The movie presents these steps with lots of references to fascist and communist totalitarian history, particularly Nazi Germany and the Soviet Union. According to the movie we are rapidly moving away from a democratic open society to a closed fascist one. The historical context for these changes in America is strictly the post 9/11 era and Ms. Wolf seems blind to the extent to which our society ceased being very open and veered away from democracy long ago. The seeds of our present situation in which corporatist interests joined at the hip with the American Empire and its military/security apparatus substantially dominate politics and the mass media are to be found long before 9/11.

An interesting aspect of this list, and a significant blind spot for Ms. Wolf and the makers of this movie,  is the extent to which most of these “steps” have been present consistently in American life. John Adams and the Federalist’s Alien and Sedition Acts of 1798 speak directly to steps 8 and 9. Cold War America used Steps 1, 3, 4, 5, 6, 7, 8, 9, & 10 throughout this period. The post WWII security state has consistently treated the Constitution and Bill of Rights as rhetorical cannon fodder for propaganda to be ignored or more forthrightly nullified when found inconvenient.   For the most part, Ms. Wolf’s Ten Steps really stand out because they have been the subject of enormous intensification and institutionalization since 9/11. The American domestic security state is now united with the war making operations of the DOD to make the reach of American government truly comprehensive globally and domestically.

The government and the mass media, in a self-serving and cynical fashion, blew the 9/11 attacks into a gigantic existential threat. To this day 9/11 is treated as though it were a 21st century Pearl Harbor. In practical terms, 9/11 was a mere pin prick to an elephant. Though this attack wounded our self-perception of invulnerability and offended our sense that we are the saviors of the democratic world, it was just a terrorist attack, an incident to be dealt with proportionally, not by passing draconian Patriot Acts and building a gigantic addition onto the US security apparatus. Not to mention using this as a pretext to launching wars in two countries that have now lasted more than ten years and cost in the $ trillions.

On top of that, the government, in a completely bi-partisan display of unity, seized the opportunity to build whole new empires of security. We have the Department of Homeland Security with a $57 billion budget for fiscal 2012 and more than 200,000 employees (third largest department). 60,000 employees are in the TSA, that wonderful institution of airport silly business.

We now have to remove our shoes to get on an airplane, but do not have control of the hundreds of thousands of shipping containers that come to our ports each year. Better to demonstrate to the American populace the cost of our security by conducting invasive pat downs than to undertake real protection measures that might slow down commerce or even increase the expenses of corporations. I have been having a recurring bad dream of a small container ship floating into one of our harbors with a dirty bomb on it that we seem to have no effective means to prevent or detect.

Viewed from the perspective that Ms. Wolf’s Ten Steps are not new, but simply an intensification of fifty years of the American Empire, I think only the brutish forces of history will undo this mess.

 

  1. from the endofamericamovie.com website – 05/27/2011 []

Corporations as Persons – Freedom of Speech, now Right to Privacy – Bring on Three Strikes!

The case of the Federal Communications Commission v. AT&T1 now being heard before the US Supreme Court raises anew the craziness of the thinking that has position corporations to be “persons” in the first place.

Noun vs Adjective!

First we have several of the justices focusing argument around the difference between “persons” and “personal”.

But several justices said it was too much of a leap to go from saying that corporations might be “persons” for some purposes to saying that their “personal privacy” could be invaded. Chief Justice John G. Roberts Jr. said he could think of many instances “where the adjective was very different from the root noun.” “You have craft and crafty,” he said. “Totally different. Crafty doesn’t have much to do with craft. Squirrel, squirrelly. Right?” “Pastor and pastoral,” he went on. “Same root, totally different.”

Can they be serious that the issue here is the difference between a noun and an adjective and the not novel observation that a common root does not universally generate a common smenatic value?

Common Usage

As reported, during the oral arguments, “Can you give me any examples in common usage where people would refer to the personal privacy of a corporation?” Justice Scalia asked Mr. Klineberg. “Do you have any examples from The New York Times, from, you know, Boswell, from anywhere, that anybody refers to the interests of a corporation as the ‘personal privacy’ of General Motors?”

Following Scalia’s line of argument, we might ask ourselves to find examples from common usage, excepting those generated by the Court’s long standing finding that corporations are “persons for some purposes”, where people refer to corporations or any business entities as persons. Even corporations only use the impersonal pronouns “it” and “they” in referring to themselves. Certainly corporations acting in groups use the pronoun “we” in the collective sense. But, can anyone find examples where people in common usage use “I” “you”, “he” or “she” in referring to corporations. Corporations certainly never use these pronouns in speaking of the corporation. Ask the common person anywhere whether they think that a corporation is a person in any sense that relates to the classic uses in American history. Does the the Declaration of Independence’s line, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Does anyone think that corporations have unalienable rights to Life, Liberty, and the pursuit of Happiness?

Last year’s Supreme Court decision granting corporations the right to free speech, and by extension the right to spend whatever amounts of money they want to express their opinions, is a now well known extension of the corporation as a person. With the thinking revealed in these oral arguments, who knows where this court could find on the issue of the right of corporations to personal privacy.

Three strikes and you are dissolved!

Perhaps we should envision some further extensions of this thinking. If corporations are persons, then why don’t we apply the same penalties to their misbehavior that we do to real persons? Repeat offenders are regularly sentenced to long terms in jail or even life in prison. Shouldn’t we apply this thinking to corporations and hold them to the same accountability? Three strikes and you are dissolved!

  1. See the NYTimes,  “Court Weighs Whether Corporations Have Personal Privacy Rights” By ADAM LIPTAK Published: January 19, 201 []