Showing posts with label eugene debs. Show all posts
Showing posts with label eugene debs. Show all posts

Monday, July 18, 2011

A Citizen's First Defense Against Tyranny

by Len Hart, The Existentialist Cowboy

Over the years, I have had the good fortune to have met some interesting people, many of whom I considered to be mentors. Many of them probably never knew how much I had learned from them. Some were famous but many, many more were not but the lessons learned were just as important and, in many cases, more so.

Dick DeGuerin, a near legendary Houston-based defense attorney whom I knew briefly in Houston, TX, credited many people for having been his mentors. Those include, of course, lengendary trial lawyers --among them Percy Foreman with whom he worked for years. When 'Texas Monthly' interviewed DeGuerin, the famous lawyer underlined how important it is that all our citizens acquire an essential knowledge of those few documents that guarantee ---by law --our rights as people and citizens.
Times, took a kind of informal poll of people. He stood out on a corner and read various lines to people and asked them where it came from and if it was a valuable right, etc. A lot of people said “Well it must be the Communist Manifesto” or some radical writing or we don’t need that. What he was doing was just reading the Bill of Rights.

--Dick DeGuerin, Famous Defense Attorney as quoted in 'Texas Monthly'
Our 'rights' are guaranteed us in the Constitution and the Bill of Rights! They are not 'common law'; they were written down on paper, put before the people and ratified! They are the law! We must be vigilent in their defense as the laws themselves have protected us from those who would deny them. Until A. Scalia can undo them, the mountainous body of case law that affirms them and protects us from tyranny.

We must be vigilent. It is clear of late that the government must not be expected to think for us! Nor will the powerful lobbies on K-street restrain themselves. They are not paid to protect us. They are paid handsomely by wealthy special interests NOT to protect the rights guaranteed you in the Constitution; rather --they are paid to protect --not rights but privileges that are claimed by the increasingly rich and powerful ruling elite. This elite of just 1 percent of the total population owns more, controls more 'wealth' than the rest of us combined.

If you would be free, you must defend freedom for every citizen.
Your Honor, years ago I recognized my kinship with all living beings, and I made up my mind that I was not one bit better than the meanest on earth. I said then, and I say now, that while there is a lower class, I am in it, and while there is a criminal element I am of it, and while there is a soul in prison, I am not free.

--Eugene Debs, upon sentencing on November 18, 1918 to ten years in prison
Eugue Debs opposed U.S. entry into World War I but was arrested, jailed and sentenced for having opposed it in a speech. Free speech did not exist for Debs. But as he himself made clear, if anyone is denied free speech, if anyone is denied his/her freedom, WE are not free!

His sentence was appealed but upheld by the Supreme Court in a decision famous for a blatant fallacy, an obvious false analogy that would not be equaled until A. Scalia would join the court and reverse the laws of cause and effect! Justice Oliver Wendall Holmes likened Debs' opposition to the U. S. entry into WWI to '...yelling fire in a crowded theater' when there is no fire.

But ---there was a fire!

There was a clear and present danger then just as there is now --the 'clear and present danger' that is posed to every 'right' that is listed in the First Ten Amendements to the U.S. Constitution. Then as now, war --whether declared or undeclared, legitimate or no --seems always to be the convenient rationalization by which our very freedoms are or will be denied to us.
Tens of thousands of Americans are being held in super-maximum-security prisons where they are deprived of contact and psychologically destroyed. Undocumented workers are rounded up and vanish from their families for weeks or months. Militarized police units break down the doors of some 40,000 Americans a year and haul them away in the dead of night as if they were enemy combatants. Habeas corpus no longer exists.
American citizens can “legally” be assassinated. Illegal abductions, known euphemistically as “extraordinary rendition,” are a staple of the war on terror.
Secret evidence makes it impossible for the accused and their lawyers to see the charges against them. All this was experienced by the Argentines. Domestic violence, whether in the form of social unrest, riots or another catastrophic terrorist attack on American soil, would, I fear, see the brutal tools of empire cemented into place in the homeland. At that point we would embark on our own version of the Dirty War.

--Chris Hedges, America's Dissappeared
In Orwell's '1984' the institutional denial of all rights and, indeed, humanity itself is 'justified', rationalized and made 'the law' because of 'war', a perpetual state of war. In 1984, the war may have been a fiction maintained by government for the very purpose of enslaving the population. Likewise, a 'War on Terrorism' need never end! Thus --the government need only cite it to deny you every ratified right listed in the first ten amendments to the U.S. Constitution.

But --a citizen cannot defend those things about which he/she is ignorant. At the very least, a good citizen should be expected to have read the Bill of Rights --the first ten amendments to the U.S. Constitution. Every citizen should know what his/her rights are and should be prepared to quote them to your arresting officers and/or any 'judge' who would deny you those protections.

Friday, March 04, 2011

It's Time for Rush Limbaugh to Go!

by Len Hart, The Existentialist Cowboy

Free speech is not free! It is paid for with responsibility! Rush Limbaugh, however, has made a career of "...yelling fire in a crowded theater" when, in fact, there is NO fire! Justice Oliver Wendell Holmes, Jr.'s decision re: Eugene Debs means that Rush has routinely exceeded the limits of free speech. But the Holmes decision was fallaciously applied to Debs; Rush, by contrast, is defined by shrill cries of 'fire' when --in fact --there is no fire!

We might tolerate Rush if the Fairness Doctrine were restored. His opponents would at least be heard. They are sure to be more intelligent, articulate and even entertaining; the nation would be better for it!

How long would Rush last if he had to compete in truly free market, if he were compelled by law to be responsible as I was compelled as a working broadcast journalist in major U.S. markets? I was expected to be responsible and professional; but Rush lives down to lower expectations, lower standards. He is expected, even encouraged to be irresponsible, outrageous, dishonest and boorish!

We might tolerate Rush had he ever made a good faith effort to inform his audiences with respect to real issues as opposed to his constant demoguoguery, his fussilade of lies and ad hominem attacks, propaganda, strawmen, distortions, outright lies and --most egregiously --bigotry and/or racial slurs most notably those about black athletes and, specifically, the great quarterback Warren Moon et al.

If an intelligent man like Eugene Debs --whose only crime was that of exercising his conscience i.e, opposing the U.S. entry into WWI --could be imprisoned, then Rush, who has exhorted treason and bigotry in response to phony threats and strawmen, should be held responsible for having abused 'privileges' that the rest of us had --at one time --enjoyed responsibly as 'rights'. Why is Rush given 'license' when, in fct, the rest of us are DENIED the benefits of 'free speech' by having been denied access to what had publically owned airwaves. Rush is prescisely what the GOP had in minded when, under Ronald Reagan, the Fairness Doctrine and the Communications Act of 1934 were rescinded, media 'de-regulated', a GOP code-word for consoidating the ownership of media into very few and very corporate hands.

Debs was courageous and smart --a man of integrity! Rush is slimy and stupid --a charlatan! Debs spoke truth to power! Rush misleads the poor and gullible for profit! He is a corporate kiss-up, a coward, a stooge who peddles propaganda for profit! Debs accepted responsibility for what he had made of himself and was prepared to accept the consequences. Rush is a coward who blames all on 'niggers', poor people and 'liberals, LIBERALS, LIBERALS!!!
“When we are in partnership and have stopped clutching each other's throats, when we have stopped enslaving each other, we will stand together, hands clasped, and be friends. we will be comrades, we will be brothers, and we will begin the march to the grandest civilization the human race has ever known.”

--Eugene Debs, American Activist
It is time for Rush Limbaugh to GO!

Sunday, December 12, 2010

Support Wikileaks; I am Yelling Fire in a Crowded Theater!

by Len Hart, The Existentialist Cowboy

The U.S. will try to prosecute Julian Assange under laws that violate the First Amendment to the U.S. Constitution, laws that were absurd when the U.S. entered World War I and more so now. These are laws that prohibit you from telling the truth about the U.S. government; these are laws that make it a crime to exercise your conscience. Thus, these laws are, by definition, tyrannical.

Let's put aside the myth that we are guaranteed 'Freedom of Speech' in the U.S. Certainly, the Bill of Rights to the U.S. Constitution makes such a guarantee but, in practice, we are often denied that right, most notably when it is the government that is sure to be embarrassed or exposed by the mere exercise of free speech. That is the case today! The U.S. Government has threatened to prosecute Julian Assange for violating the U.S. Espionage Act of 1917 and the Sedition Act of 1918, the law that progressive labor champion Eugene Debs was accused of violating when he dared to oppose U.S. entry into World War I. The world's biggest idiot --Sarah Palin --has irresponsibly called for the assassination of Assange.

The legislation enacted in 1918 is commonly called the Sedition Act, actually a set of amendments to the Espionage Act.

The Espionage Act made it a crime to interfere with the war effort or with military recruitment or to aid a nation at war with the U.S. The Sedition Act extended its provisions to cover a broader range of offenses, notably speech and the expression of opinion that cast the government or the war effort in a negative light or interfered with the sale of government bonds. One historian of American civil liberties has called it "the nation's most extreme antispeech legislation."[6] Those convicted under the act generally received sentences of imprisonment for 10 to 20 years.[7]

--Sedition Act of 1918

The law prohibited MANY forms of speech.
...any disloyal, profane, scurrilous, or abusive language about the... form of government of the United States...or the flag of the United States, or the uniform of the Army or Navy.
This law is absurd on its face, a clear violation of the First Amendment to the U.S. Constitution. It is so overly broad, merely criticizing it, as I have done, probably violates it. It is not the function of government to make criminals of its best citizens. It is the job, the duty in fact, of government to protect the rights that, of late, it seeks to suppress. It is the function of government to guarantee that future Julian Assanges will not be prosecuted arbitrarily for purely political reasons or to avoid prosecutions themselves! As Eugene Debs was unfairly convicted of violating a bad law, an 'unconstitutional law', Julian Assange will, likewise, be falsely accused of 'yelling fire in a crowded theater'!

I am of the opinion that at present, when the U.S. empire is illegally embroiled and mired, when the military of the United States has proven its corruption to the entire world, when the armed forces of the U.S. have been videotaped in acts of atrocity and otherwise exposed to have committed numerous war crimes to include tortures resulting in death, mass murders of civilians (captured on video tape), when the criminal nature of numerous U.S. occupations, aggressions, incursions most of which violate every international treaty to which the U.S. is signatory it is unconscionable not to yell 'fire in a crowded theater!!

The law is overly broad, meaningless, clearly intended to silence the very opposition that the First Amendment was intended to protect; it places arbitrary limits on political speech based upon the prejudices of those in office. The government has proven time and again that it is not concerned with the letter of the law, breaking the law overtly when it is to its advantage and prosecuting the laws if it is you that is accused!

The government is concerned only because the information that has been leaked to Julian Assange can prove that the U.S. has become --in fact --a rogue nation whose leaders habitually flout international law to which the U.S. is signatory. The U.S. does this with impunity and threatens opposing nations with war, opposing individuals with prosecution.

The U.S. has not merely countenanced atrocities in Iraq and elsewhere but has ordered and sanctioned them! What we need is not another witch hunt by bureaucrats in an illegitimate and increasingly arrogant, imperial government; we need, instead, a responsible government which understands that the first responsibility of the law is the protection of the sovereign, i.e the people. Elected officials and bureaucrats are not the government; they are not the 'sovereign'. They are, in fact, mere hired hands and had best understand that fact! It is the Constitution itself which establishes as a matter of law, fact and practice that it is the people who are sovereign! Anyone doubting that should consult any competent, brief history of the Magna Carta!

Justice Holmes was wrong about yelling 'fire in a crowded theater'. It was and remains a false analogy! If the theater really is on fire, it is unconscionable not to yell fire. To deny one the right to oppose war --as Supreme Court Justice Oliver Wendell Holmes denied Eugene Debs --is a recipe for military dictatorship. Eugene Debs' 'crime' was that he dared to speak 'truth to power' by 'unlawfully' opposing U.S. entry into WWI. The real reason Debs was targeted was that he had not been fooled by those who benefit from war and for whom the lives of ordinary citizens are sacrificed! For the same reason, the U.S. GOVT is dead wrong to try to prosecute Julian Assange whose only crime may be the unforgivable one of exposing U.S. criminality, imperialism, arrogance, and, in some cases, incompetence.

To Julian Assange have been entrusted numerous 'files' which will most certainly prove to the world the clear and present danger that is posed by the architects of U.S. imperialism. The record speaks for itself but the files may speak louder, clearer. The files will prove that there really is a fire in the theater. There really is a clear and present danger to peace throughout the world, a danger that is posed to it by U.S. arrogance and imperialism benefiting an increasingly tiny elite, in the U.S, just one percent of the nation's total population.

The files leaked to Julian Assange will literally scream FIRE because there really is a fire; there really is a threat! To be silent is to be irresponsible! To do nothing is unconscionable! I support Julian Assange! I support a full revelation of every truth; damn the consequences! I am yelling FIRE! FIRE! FIRE!