Abuse Of Power And Police/Security Agencies: There They Go Again

Here's one more example of what can, will and do happens when we turn a blind eye to granting indiscriminate powers to police and security agencies:

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Phoenix police raid a blogger

In what should send a frightening chill down the spine of every blogger, writer, journalist and First Amendment advocate in the United States, Phoenix police raided the home of a blogger who has been highly critical of the department.

Jeff Pataky, who runs Bad Phoenix Cops, said the officers confiscated three computers, routers, modems, hard drives, memory cards and everything necessary to continue blogging.

The 41-year-old software engineer said they also confiscated numerous personal files and documents relating to a pending lawsuit he has against the department alleging harassment - which he says makes it obvious the raid was an act of retaliation.

I've told you so, didn't I?

Any questions?

Then try this one for size:

No more freedom of the Internet.

That's right - and it is coming sooner than later indeed:

Cybersecurity Act would give president power to 'shut down' Internet

A recently proposed but little-noticed Senate bill would allow the federal government to shut down the Internet in times of declared emergency, and enables unprecedented federal oversight of private network administration.

The bill's draft states that "the president may order a cybersecurity emergency and order the limitation or shutdown of Internet traffic" and would give the government ongoing access to "all relevant data concerning (critical infrastructure) networks without regard to any provision of law, regulation, rule, or policy restricting such access."

Authored by Democratic Sen. Jay Rockefeller of West Virginia and Republican Olympia Snowe of Maine, the Cybersecurity Act of 2009 seeks to create a Cybersecurity Czar to centralize power now held by the Pentagon, National Security Agency, Department of Commerce and the Department of Homeland Security.

While the White House has not officially endorsed the draft, it did have a hand in its language, according to The Washington Post.

Paging China, paging China ...

Ah, the things people are willing to do/accept in the name of Holy Security.

Q.E.D. - once again.

And so it goes ...

(Addendum: although China pledged to improve human rights, allow me to remain skeptical - just as I have become quite skeptical of anything President Obama says concerning civil rights. As but one example among many, take the time to contrast this (or this) with that (or that) - you'll then better understand my point.)

Thus I repeat: any questions?

Workers Have the Right To Remain Silent: A Podcast Interview With the ACLU's Bruce Barry

The topic below was originally posted in my blog, the Intrepid Liberal Journal as well the Independent Bloggers Alliance and Worldwide Sawdust.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

So reads the First Amendment of the Bill of Rights. However, the Constitution does not prevent employers from encroaching upon the free speech of their employees. Even so, most Americans assume their right to free speech is protected in all aspects of their life – including their jobs. The reality is quite different.

A factory worker named Lynn Gobbell was fired in 2004 when her employer, a George Bush supporter, objected to her John Kerry bumper sticker. Edward Blum, a stockbroker with Paine Webber in Houston during the 1990s was fired because he actively opposed affirmative action on his own time. A flight attendant with Delta Airlines lost her job when the airline disapproved of her personal blog. Those are but a few examples cited by Bruce Barry, the author of Speechless: The Erosion of Free Expression In the American Workplace, published by Berrett-Kohler.

Barry utilizes case law and history to illustrate how freedom of speech has diminished for Americans at their jobs. A Professor of Management and Sociology at Vanderbilt University as well as president of American Civil Liberties Union of Tennessee, Barry contends the legal concept known as “at will” is perversely imbalanced in favor of employers. In his introduction Barry writes,

“Work is where most adults devote significant portions of their waking lives, and where many forge the personal ties with other adults through which they construct their civic selves. Yet work in America is a place where civil liberties, including but not limited to freedom of speech, are significantly constrained, even when the exercise of those liberties poses little or no threat to the genuine interests of the employer.”

As the 21st century progresses, a whole generation entering the workforce have public personalities from the Internet and blogs. Increasingly, ordinary citizens through online access are having their opinions published in editorials and websites that employers may find objectionable or potentially damaging to their business. Meanwhile, traditional free speech issues on the job remain such as union organizing and lifestyle discrimination.

Barry respects the desire of employers to maintain efficiency and preserve the profitability of their business. He also doesn’t believe employers are conspiring to undermine the First Amendment. Rather, Barry contends that American civil society could benefit from a conversation about the imbalance that currently exists in favor of employers. He further advocates that employers themselves would benefit from not reflexively terminating employees based upon speech.

Barry agreed to a podcast interview with me about his book and the issue of free speech in the workplace. Among the topics covered during our conversation were the different protections for public and private employees, his opposition to the "at will" doctrine and how free speech in the American workplace differs with our counterparts in other democracies. I also asked him about the specific risks to bloggers and what we can do to strengthen our rights.

Please refer to the media player below.



This interview can also be accessed via Itunes by searching for Intrepid Liberal Journal.