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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:43 AM
Original message
Your opinion-Does bias and hate speech by a community newspaper ...
Edited on Thu May-06-10 11:44 AM by w8liftinglady
remain protected by the First Amendment?I offer this as simply a topic for discussion.
Many of you know I have had a personal issue with one of my local papers(who chastised me years ago for having a son who was a soldier and opposing the War in Iraq)This paper is "The Official Publication Of Wilmer,Hutchins and Garret-serving Cedar Hill,Desoto,Lancaster,and Dallas and Ellis Counties"I have enclosed a collection of their articles(not all,by any means).Needless to say,there is only one side represented in this paper.What do you say?
http://www.elliscountypress.com/news/126/ARTICLE/4685/2009-09-17.html
http://www.elliscountypress.com/news/132/ARTICLE/4648/2009-09-10.html
http://www.elliscountypress.com/news/132/ARTICLE/4588/2009-09-04.html
http://www.elliscountypress.com/news/132/ARTICLE/4582/2009-09-04.html
http://www.elliscountypress.com/news/126/ARTICLE/4307/2009-08-06.html
http://www.elliscountypress.com/news/132/ARTICLE/4238/2009-07-27.html
http://www.elliscountypress.com/news/132/ARTICLE/3901/2009-06-02.html
http://www.elliscountypress.com/news/126/ARTICLE/3751/2009-05-07.html
http://www.elliscountypress.com/news/126/ARTICLE/3559/2009-04-09.html
http://www.elliscountypress.com/news/132/ARTICLE/3608/2009-04-16.html
http://www.elliscountypress.com/news/132/ARTICLE/3502/2009-04-02.html
http://www.elliscountypress.com/news/126/ARTICLE/2709/2008-10-30.html
http://www.elliscountypress.com/news/126/ARTICLE/4372/2009-08-13.html
http://www.elliscountypress.com/news/126/ARTICLE/4089/2009-07-02.html
http://www.elliscountypress.com/news/126/ARTICLE/3365/2009-03-12.html
http://www.elliscountypress.com/news/126/ARTICLE/6304/2010-04-29.html
(coincidentally,Midlothian is home to the KKK,as pointed out by SPLC.Coincidence?)
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:44 AM
Response to Original message
1. Of course it does.
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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:46 AM
Response to Reply #1
3. Should we then cease contacting advertisers when we find topics offensive?Just curious...
as I have done so with many advertisers-Glen Beck and Rush Limbaugh to state a few.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:48 AM
Response to Reply #3
6. I don't see why.
Our right to boycott is just as protected by the 1st as their right to hate.
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foxfeet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:46 AM
Response to Original message
2. Yes. But we don't have to buy the paper or advertise in it.
Fishwrap, birdcage liner, toilet paper, or mulch. Take your pick.
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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:51 AM
Response to Reply #2
8. they list all the local arrests-that tells a lot about the area(ethnicity of arrestees)
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:47 AM
Response to Original message
4. Yes, it's protected by the 1st. If the paper was activiely calling for armed rebellion, I might
think differently.
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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:55 AM
Response to Reply #4
10. oh-like this?
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Kurt_and_Hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:47 AM
Response to Original message
5. If not, describe the method by which you'd stop it.
Does the mayor get to edit the paper?

Do people vote on who gets to publish a newspaper?
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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:59 AM
Response to Reply #5
12. the editor is also running for public office in Midlothian
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Kalyke Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:51 AM
Response to Original message
7. This is pretty borderline.
The first article wasn't an article - it was an opinion from some local attorney, so I'll leave that one aside.

Yes: these articles (the ones I read to get a picture) clearly only show one side of an issue, but, Faux "News" has proven that it must be perfectly acceptable and legal.

The only avenue you might be able to take is to make an appointment with your area's federal judge and/or FBI and simply ask them. They might be able to give you some insight into when free speech becomes hate speech.

The only other thing you could do is start your own newspaper and report on stories with more accuracy and including more than just one side.
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sarge43 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:51 AM
Response to Original message
9. Yes.
It's bad enough that corporations control much of our media. If the government also does so, game over.
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 11:58 AM
Response to Original message
11. As long as they pass the Brandenburg standard, yes.
Edited on Thu May-06-10 11:59 AM by X_Digger
Whitney has been thoroughly discredited by later decisions. See Dennis v. United States, 341 U.S. 494, at 507 (1951). These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.


Intent, likelihood, and imminence- those are the three tests that the Brandenburg standard sets. Speech that doesn't have all three is protected.

eta: text of the decision- http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=395&invol=444
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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 12:13 PM
Response to Reply #11
13. how would you rate this editorial piece?
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 12:28 PM
Response to Reply #13
14. Let me give that a light fisking..
Edited on Thu May-06-10 12:29 PM by X_Digger
Remember, to disqualify as protected speech, you have to find all three-Intent, Likehood, Imminence..

Here are some selected excerpts..

Now, with Congress in recess and elected representatives less than a stone’s throw away, the public is exploding.


"Is exploding", not "should explode", not "must explode", etc. I don't see intent, personally.

Nevertheless, Washington will continue to intervene, tax and exert control. Protests will escalate and riots will follow.


Again, I don't see the incitement to riot (intent).

A false flag attempt, a genuine crisis, or a declaration of war, may slow the momentum of the “Second American Revolution,” but nothing will stop it.


No intent that I can read. Speaks to likelihood ("nothing will stop it") but likelihood of something without expressed intent is just a prediction. Nothing in the linked article that I noticed shows clear intent, much less imminence.

eta: yes, it's teabagger masturbatory crap, but to me, it doesn't cross the line.
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BlueInMass Donating Member (34 posts) Send PM | Profile | Ignore Thu May-06-10 12:34 PM
Response to Original message
15. You do not have to like it or read it...
But it is absolutely protected. I see bias, but you are making a reach with hate speech. People are too quick to throw around extreme words like Racist and Hate Speech when they don't apply. There will be enough situations where these terms apply, so keep the words strong in meaning by using them only when they really are appropriate.
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