Urgent Appeal from Students in Québec

Tully's Page has received an Official Statement from the student group 'CLASSE' in Montréal, and is posting it in full. [For full story of the protests, see this article.]

Sisters, brothers,

We write you during a dark time for democratic, human and associative rights in Quebec with the following appeal for your help and solidarity. As you have no doubt heard, the government recently enacted legislation that amounts to the single biggest attack on the right to organize and freedom of expression in North America since the McCarthy period and the biggest attack on civil and democratic rights since the enactment of the War Measures Act in 1970. Arguably, this recent law will unduly criminalize more law-abiding citizens than even McCarthy’s hearings and the War Measures Act ever could.

Among other draconian elements brought forward by this law, any gathering of 50 or more people must submit their plans to the police eight hours ahead of time and must agree to any changes to the gathering’s trajectory, starttime, etc. Any failure to comply with this stifling of freedom of assembly and association will be met with a fine of up to $5,000 for every participant, $35,000 for someone representing a ‘leadership’ position, or $125,000 if a union – labour or student – is deemed to be in charge. The participation of any university staff (either support staff or professors) in any student demonstration (even one that follows the police’s trajectory and instructions) is equally punishable by these fines. Promoting the violation of any of these prohibitions is considered, legally, equivalent to having violated them and is equally punishable by these crippling fines.

One cannot view this law in isolation. In the past few months, the Québec student movement – inspired by Occupy, the Indignados of Spain, the students of Chile, and over 50 years of student struggle in Québec; and presently at North America’s forefront of fighting the government’s austerity agenda – has been confronted by precedent-shattering judicial and police repression in an attempt to force the end of the strike and our right to organize collectively.

Our strike was voted and is re-voted every week in local general assemblies across Québec. As of May 18th, 2012 our committee has documented and is supporting 472 criminal accusations as well as 1047 ticket and penal offenses. One week in April saw over 600 arrests in three days. And those numbers only reflect those charged with an offense, without mentioning the thousands pepper sprayed and tear gassed, clubbed and beaten, detained and released. It does not mention Francis Grenier, who lost use of most of an eye when a sound grenade was illegally thrown by a police officer into his face in downtown Montreal. It does not mention Maxence Valade who lost a full eye and Alexandre Allard who clung to life in a coma on a hospital bed for days, both having received a police rubber bullet to the head in Victoriaville. And the thousands of others brutalized, terrorized, harassed and assaulted on our streets. Four students are currently being charged under provisions of the anti-terrorist laws enacted following September 11th.

In addition to these criminal and penal cases, of particular concern for those of us involved in the labour movement is that anti-strike forces have filed injunctions systematically from campus to campus to prevent the enactment of strike mandates, duly and democratically voted in general assemblies. Those who have defended their strike mandates and enforced the strike are now facing Contempt of Court charges and their accompanying potential $50,000 fines and potential prison time. One of our spokespeople, Gabriel Nadeau-Dubois, will appear in Superior Court under such a charge for having dared say, on May 13th of this year, that “I find it legitimate” that students form picket lines to defend their strike.

While we fight, on principle, against this judicialization of a political conflict, we have no choice but to acknowledge that the struggle on the streets has been, for many, transferred to the courtroom and we must act to defend our classmates, our friends and our family. This defense needs your help. Many students have been denied access to Legal Aid to help them to defend themselves. This, while students filing injunctions to end strikes have been systematically granted Legal Aid. While sympathetic lawyers in all fields of law have agreed to reduced rates and alot of free support, the inherent nature of the legal system means we are spending large sums of money on this defense by the day.

It is in this context that we appeal to you to help us cover the costs of this, our defense. Not only must we help those being unduly criminalized and facing injunctions undermining their right to associate, but we must act now and make sure that the criminalization and judicialization of a political struggle does not work and set a precedent that endangers the right to free speech and free assembly.

If you, your union, or your organization is able to give any amount of financial help, it would make an undeniable difference in our struggle. In addition to the outpouring of support from labour across Quebec, we have already begun to receive trans-Canadian and international solidarity donations. We thank you for adding your organization’s support to the list.

If you have any questions, please contact us via email legal AT asse-solidarité.qc.ca. Telephone numbers can be given to you in a private message. You can also send you donation directly to the order of “Association pour une solidarité syndicale étudiante” (2065 rue Parthenais, Bureau 383, Montréal, QC, H2K 3T1) noting “CLASSE Legal Committee” in the memo line.

In solidarity,

Max Silverman
Law student at the Université du Québec à Montréal
Volunteer with the Legal Committee of the CLASSE

Andrée Bourbeau
Law student at the Université du Québec à Montréal
Delegate to the Legal Committee of the CLASSE

Emilie Charette
Law student at the Université du Québec à Montréal
Delegate to the Legal Committee of the CLASSE

Emilie Breton-Côté
Law student at the Université du Québec à Montréal
Volunteer with the Legal Committee of the CLASSE

The Tucson aftermath, civility, and freedom...

I don't expect many people to agree with this post...but that's never stopped me before.

Growing up, I remember some of the icons of the news reporting industry: Walter Cronkite. Peter Jennings. Edwin Newman. Ted Koppel. Chet Huntley. David Brinkley. John Chancellor. Roger Mudd. Tom Brokaw.

These reporters, though they they had their personal opinions, attempted to report news - information - with objective facts. Though often accused of being 'slanted' one way or another, they saw their jobs as providing information, and not entertaining or outright campaigning.

Today (with notable exceptions such as George Stephanopoulos and Robin Roberts), Americans don't seem to want to hear 'news.' We prefer to hear partisan, angry finger-pointing...and we are entertained by this. On the right, Fox News is stacked with talking heads who use anger and alienation to attract viewership. Glenn Beck, Bill O'Reilly, and Ann Coulter never let an opportunity pass to offer their opinion on the news without a good dose of outrage.

But the left is not immune from this. Keith Olberman is just as prone to name-calling and passionate rants as O'Reilly, and Rachel Maddow drips with disdain and self-righteous superiority as she discusses the right. Bloggers (and their reader's comments) on both the left and right regularly say things in print they would hesitate to say in a face-to-face situation.

The Internet has insulated us from the need for civility.

We have decided that we would rather be entertained by comedians posing as newscasters or have our opinions and passions "confirmed," than actually be informed by news and information.

In the wake of the Tucson shootings, many blogs and commentators have retreated into the Blame Game. Blogs on the left have ripped the right for the anger and hate that has emanated from some right-wing sites. But in so doing, they are blind to the fact that they themselves are engaged in the same thing: Divide, Blame, Marginalize, Disdain. Define "The Other Side" as evil, and affix the blame on THEM.

A child who taunts a dog every day is not blameless when one day the gate is open and the dog chooses to bite in return.

Partisan Division is a Two-Way Street, and BOTH the Left and the Right are equally guilty. The problem with the lack of civil discourse is not the "Other Side"....The problem is the Man in the Mirror.

But equally as troubling as this irresponsible, childish move away from "real news" are the recent calls to 'clamp down' on basic freedoms as a result of the shootings. Stricter Gun Control. Restrictions on "Hate Speech." Pima County, Arizona Sheriff Clarence Dupnik was right when he recognized the atmosphere of hate and division that the media has engendered...but the suggestion that free speech needs to be monitored or prohibited runs counter to the most basic of American freedoms.

The efforts to 'control' Americans have a parallel in "Star Wars": Senator Palpatine, speaking to the Senate, convinces them that the Republic is under attack...and to give him extraordinary powers to answer that threat. The eventual result, of course, is that Senator Palpatine becomes Emperor Palpatine, and the Republic becomes the Evil Empire...leading to the Rebellion.

The United States has always been a disorderly, raucous, free-wheeling nation. To quote Ben Franklin from the musical 1776, "we're less refined, more vulgar" than Europe. "We require a new nation."

It was a bad enough blow to liberty when the Patriot Act was enacted. Current calls to restrict speech and firearms ownership to preserve order at the expense of liberty is the slippery slope that moves us towards The Evil Empire. And once the Evil Empire is in place, the 'rebellion' will grow.

I fear we may be in a no-win situation here:

Calls grow for greater security.

Freedoms are reduced.

That encourages black-market and 'under the radar' activities. And it encourages Defiance.

Defiance speaks the language of Violence and Resistance.

Calls for Resistance increase the calls for greater security.

Those desiring Security and those desiring Liberty demonize the other side, and draw hard and fast lines.

The first American Civil War has clear geographic lines. I'm not sure how the next lines will be drawn.

I *do* know that I am tired of Republican AND Democratic partisanship, and the rhetoric of BOTH the left and the right...and am destined, I think, to wander an in an Independent wilderness for the rest of my life while my country decides who and what it wants to be, and how its going to get there...Ive had it with both "sides."

Open Letter to the US: Wikileaks & Free Speech

Open Letter to U.S. Government Officials Regarding Free Expression in the Wake of the Wikileaks Controversy

December 22, 2010

Dear Public Officials:

Last week, the House Judiciary Committee heard testimony from legal and free speech
experts about the possible application of the Espionage Act to the recent publication of secret documents by the whistle-blower website Wikileaks, as well as to traditional media outlets, Internet companies, and others who have also distributed and reported on that information. All seven witnesses cautioned against attempts to suppress free speech and criticized the overwhelming secrecy that permeates the United States government. We write to echo these concerns and applaud those who have spoken out against attempts to censor the Internet. We urge caution against any legislation that could weaken the principles of free expression vital to a democratic society or hamper online freedoms.

Unfortunately, some government officials have already attacked newspapers’ rights to
report on the releases by Wikileaks. Other government actors have made official and
unofficial statements casting doubt on the right of government employees and others to download, read, or even discuss documents published by Wikileaks or news reporting
based on those documents. Others have rashly proposed legislation that could limit the free speech of legitimate news reporting agencies well beyond Wikileaks.

These actions have created an atmosphere of fear and uncertainty among the general
public, leading them to question their rights with regard to the documents posted by
Wikileaks. As you continue to discuss these critically important issues, we urge you
to do so in a way that respects the constitutional rights of publishers and the public that have been recognized by the Supreme Court.

Specifically:

• Publishers have a First Amendment right to print truthful political information
free of prior restraint, as established in New York Times v. United States.

• Publishers are strongly protected by the First Amendment against liability for
publishing truthful political information that is lawfully obtained, even if the
original disclosure of that information to the publisher was unlawful, under
Bartnicki v. Vopper.

• Internet users have a First Amendment right to receive information, as repeatedly
endorsed by a series of Supreme Court cases, including Stanley v. Georgia.

• The public has a First Amendment right to voice opinions about government
activities. This is core political speech, which receives the highest protection
under the Constitution.

It will be especially critical for members of Congress to keep these rights in mind as they consider any future legislation that may impact freedom of expression. In a free country, the government cannot and does not have unlimited power to determine
what publishers can publish and what the public can read. As the robust public
debate about Wikileaks continues, please make sure that it includes the rights of all
involved.

Sincerely,

American Booksellers Foundation for Free Expression
American Civil Liberties Union
American Library Association
Arizona First Amendment Coalition
Association of Research Libraries
Bill of Rights Defense Committee
Bob Barr, Former Congressman and Chairman, Liberty Guard, Inc.
Center for Constitutional Rights
Center for Democracy and Technology
Center for Digital Democracy
Center for Financial Privacy and Human Rights
Communication Is Your Right!
Courage to Resist
Electronic Frontier Foundation
Feminists for Free Expression
First Amendment Coalition
Government Accountability Project
Liberty Coalition
Muslimah Writers Alliance
National Coalition Against Censorship
New America Foundation
New Media Rights
OpenTheGovernment.org
Privacy Activism
Privacy International
Privacy Rights Clearinghouse
Privacy Times
Progressive Librarians Guild
Sunlight Foundation
Tully Center for Free Speech at Syracuse University

Keene State College wins "distinction" for Unconstitutional Silencing of Free Speech

Speech Code of the Month: Keene State CollegeNovember 2, 2009
by Samantha Harris

FIRE announces its Speech Code of the Month for November 2009: Keene State College in New Hampshire.

Keene State's "Statement on Sexist Language," found in the college's Student Handbook, states that "Keene State College will not tolerate language that is sexist and promotes negative stereotypes and demeans members of our community." Keene State is a public university, legally bound to uphold the guarantees of the First Amendment, yet this policy blatantly prohibits constitutionally protected speech. Not only does it prohibit protected speech, but it also leaves a great deal of what we would call core protected expression—that is, the kind of political and social commentary at the heart of the First Amendment—vulnerable to punishment. Indeed, there are many serious and legitimate expressions of opinion that some would say are sexist and promote negative stereotypes. One need only recall the uproar over former Harvard University President Larry Summers' speech suggesting that differences in aptitude might be a factor in women's underrepresentation at the highest levels of math and science—a speech that led to his resignation from Harvard and that led the University of California to disinvite him from speaking at one of its campuses in the wake of a faculty petition stating that he "has come to symbolize gender and racial prejudice in academia."

In the university setting—which the U.S. Supreme Court has called peculiarly the "marketplace of ideas"—the expression of different and controversial views is an essential element of the learning process. A policy like this, which chills debate by threatening to punish any expression that might be deemed "sexist," is not only unconstitutional but also runs contrary to what a university should be. For this reason, Keene State College is our November 2009 Speech Code of the Month.

If you believe that your college or university should be a Speech Code of the Month, please e-mail speechcodes@thefire.org with a link to the policy and a brief description of why you think attention should be drawn to this code. If you are a current college student or faculty member interested in these issues, consider joining FIRE's Campus Freedom Network, a loose affiliation of college faculty members and students dedicated to advancing individual liberties on their campuses. And if you would like to help fight abuses at universities nationwide, add FIRE's Speech Code of the Month Widget to your blog, website, or Facebook profile and help shed some much-needed sunlight on these repressive policies

Attack on Free Speech in Los Angeles...

Jonathan Lopez, a student at Los Angeles City College, was in the process of giving a speech in a speech class when he offered his opinion that, based on his religious beliefs, marriage should be reserved for heterosexuals. He was cut off by the instructor, who justified his actions because two students were 'upset.'

Ooh, poor babies....This is COLLEGE folks...people dont lose their right to free speech when they walk in the doors of a college! (And for those who suggest this was 'hate speech,' save your breath. There is no such thing. That speech which is MOST offensive is precisely that speech the first amendment is meant to protect.

As the the American Civil Liberties Union (ACLU) stated in its Dec. 31, 1994 paper "Hate Speech on Campus" :

"The First Amendment to the United States Constitution protects speech no matter how offensive its content. Speech codes adopted by government-financed state colleges and universities amount to government censorship, in violation of the Constitution. And the ACLU believes that all campuses should adhere to First Amendment principles because academic freedom is a bedrock of education in a free society...

Where racist, sexist and homophobic speech is concerned, the ACLU believes that more speech -- not less -- is the best revenge. This is particularly true at universities, whose mission is to facilitate learning through open debate and study, and to enlighten. Speech codes are not the way to go on campuses, where all views are entitled to be heard, explored, supported or refuted..."

Lopez, is appropriately, suing.