Civil Rights, Human Rights, Prison Industry, Supreme Court
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Two Very Important Supreme Court Decisions
When does the government cross the line from using its highly visible bully pulpit to advocate for policies and principles it has every right to promote into the prohibited zone of threatening to use its awesome powers to punish viewpoints it opposes by coercing others to refrain from doing business with the speaker.
In two very important recent decisions, the U.S. Supreme Court was asked to decide whether it is still the law of the land that a government entity’s “threat of invoking legal sanctions and other means of coercion” against a third party “to achieve the suppression” of disfavored speech violates the First Amendment.
In National Rifle Association v. Vullo, in a rare unanimous opinion written by Justice Sonia Sotomayor, the Court held that “Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”
But the decision in the related case of Murthy v. Missouri, was not unanimous. In that case a federal district judge had ruled that the U.S. Surgeon General (Vivek Murthy) and other government officials violated the First Amendment by seeking to convince social media platforms to remove content the government deemed disinformation about COVID, the 2020 election and other subjects.
But on June 26, the Court punted. A 6 member majority – made up of both conservatives and liberals – held that the plaintiffs did not have standing. In dissent, three conservative justices said they would have found standing and on the merits they would have found a First Amendment violation.
Guest – Attorney David Cole argued the NRA case in the Supreme Court. He’s been the National Legal Director of the American Civil Liberties Union (ACLU) since 2016. He previously served as a staff attorney for the Center for Constitutional Rights. He has litigated a wide array of major civil liberties controversies and has personally argued 8 cases before the US Supreme Court and served as counsel in more than 30.
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Abolition Labor: The Fight To End Prison Slavery
Operating in the secrecy of the nation’s more than 1,800 prisons, a kind of shadow slave culture is being fostered. Few Americans are aware of the exploitative and pervasive practice of forced prison labor. The 13th amendment to the US Constitution abolished slavery, but it made one exception: prison labor.
Prisoners are forced to work with minimal or non-existent wages, and often with no labor protections. Understanding the scope and implications of forced prison labor is crucial for anyone concerned with social justice and equity. It calls for a re-examination of our treatment of incarcerated persons and for alternatives that promote fairness for everyone, regardless of their legal status. By shining a light on this issue, we can advocate for reforms that prioritize rehabilitation over punishment and strive towards a more just and humane criminal justice system. A new book, Abolition Labor: The Fight To End Prison Slavery, provides an eye-opening overview of the extent of this problem.
Guest – Andrew Ross is a renowned social activist, author, and Professor of Social and Cultural Analysis at New York University, where he also directs the Prison Research Lab. Andrew has contributed to prominent publications like The Guardian, The New York Times, and The Nation. He has authored or edited over twenty-five books, with the recent work, Abolition Labor, co-authored with Aiyuba Thomas and Tommaso Bardelli.
Guest – Aiyuba Thomas recently earned his M.A. from NYU’s Gallatin School of Individualized Study and is an affiliate of the NYU Prison Research Lab. He currently serves as project manager for the Movements Against Mass Incarceration’s archival oral history project at Columbia University. There, he documents the experiences and challenges faced by those affected by the criminal justice system. His firsthand perspective and his extensive knowledge on the subject makes him a powerful voice in the conversation of abolishing forced prison labor.
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Civil Rights, Gaza, genocide, Human Rights, U.S. Militarism, Violations of U.S. and International Law, War Resister, Whistleblowers
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Freedom For Julian Assange!
After serving 1901 days in solitary confinement in a tiny cell in the infamous Belmarsh prison in London, journalist and publisher Julian Assange is free at last.
Julian gained his freedom pursuit to a plea bargain with the government of the United States which had sought to extradite him and try him under the 1917 Espionage Act. He faced a certain conviction in a hostile Virginia court and 175 years in prison on 17 counts of conspiracy to commit espionage for receiving and publishing information damaging to the United States government.
Julian Assange was forced to plead guilty to one count of espionage in return for the time he has served in prison. Prior to that he was confined for seven years in the Ecuadorian Embassy in London, where he had sought and received political asylum.
The alleged crime he was accused of committing was the receipt and publication in 2010 of the so-called Iraq and Afghanistan war logs which document American government guilt in torture and murder including the 11 civilians and two Reuters journalists.
Julian Assange was sentenced to time served by an American federal court judge on an island in the Pacific Ocean 2000 miles from Australia. Julian Assange will now be living as a free man in Australia with his wife and two children.
Until Julian Assange Is Pardoned Press Freedom Remains At Risk – article by co-host attorney Stephen Rohde
Guest – Randy Credico, a steadfast supporter of Julian Assange. Mr. Credico. hosted the program “ Countdown to Freedom” in support of Julian for many years. He had visited him in Belmarsh prison.
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War Crimes, Dictators and the ICC
The International Criminal Court (ICC) along with the International Court of Justice (ICJ) were set up in 1998 in order to help prevent wars and crimes against humanity with the profound understanding that without a system of international law. a future World War III might eliminate humanity.
The United States of America, under Bill Clinton, was one of seven countries that voted against the Rome statute which set up the International Criminal Court. Clinton did eventually sign the statute but George Bush “unsigned“ it and the United States has had a testy relationship with the court. Indeed under Trump, the US imposed sanctions on the court and its prosecutor.
Last month Imran Khan, the chief prosecutor of the International Criminal Court, issued arrest warrants for Israel Prime Minister Benjamin Netanyahu and Yoav Galant, the Israeli Minister of Defense for war crimes and crimes against humanity. The ICC also issued arrest warrants for three top leaders of Hamas.
Guest – Attorney Reed Brody, was a friend, colleague, and mentee of our late cohost Michael Ratner. Reed Brody is the author of the recently published book To Catch a Dictator: The Pursuit and Trial of Hissene Habre. He has worked for many years with Human Rights Watch. Reed Brody has helped pursue the dictators Augusto Pinochet of Chile and Jean-Claude “ Baby Doc” Duvalier of Haiti. He has uncovered atrocities by US backed Contras in Nicaragua, led United Nations missions in El Salvador and the Congo, and exposed Bush administration torture.
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Civil Liberties, Civil Rights, Human Rights, U.S. Militarism, War Resister
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We remember cultural historian and scholar Bruce Franklin. H. Bruce Franklin, a regular guest here on Law and Disorder, passed away last week, on May 19, at the age of 90. He was one of the country’s leading historians, and a scholar in American studies, science fiction, and other diverse fields. Bruce Franklin’s memory lives on through his many books, and his hundreds of professional articles.
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Crash Course : From the Good War to the Forever War
US Army Ranger turned conscientious objector Rory Fanning recently wrote in this in The Guardian newspaper: “Last week Sunday ,November 11, we celebrated Veterans Day. It used to be called Armistice Day and was a celebration of peace after the slaughter of World War One. Now it is called Veterans Day. The United States has 668 military bases around the globe. The United States has conducted military operations in 2/3 of the world’s countries since September 11, 2001. It has spent 3/4 of $1 trillion each year on it’s military – more than the next 13 countries combined. The US has taken hundreds of thousands of lives around the world these past 14 years and shows no signs of slowing down.“
Guest – H. Bruce Franklin, is one of America’s leading cultural historians, H. Bruce Franklin is the author or editor of nineteen books and more than 300 articles on culture and history published in more than a hundred major magazines and newspapers, academic journals, and reference works. He has given over five hundred addresses on college campuses, on radio and TV shows, and at academic conferences, museums, and libraries, and he has participated in making four films. He has taught at Stanford University, Johns Hopkins, Wesleyan, and Yale and currently is the John Cotton Dana Professor of English and American Studies at Rutgers University in Newark. Before becoming an academic, Franklin worked in factories, was a tugboat mate and deckhand, and flew for three years in the United States Air Force as a Strategic Air Command navigator and intelligence officer. Professor Franklin is touring the country to speak about his just publish book Crash Course : From the Good War to the Forever War.
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Civil Liberties, Civil Rights, Criminalizing Dissent, genocide, Human Rights, Right To Dissent, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
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The More Effective Of Two Evils
The extensive growing repression and censorship in our country is manifest daily. Already some 3000 students have been arrested and many of their encampments on college campuses have been violently closed down. The leading newspaper, the New York Times, has instructed reporters not to use the words “genocide” or “ethnic cleansing.” Journalist Chris Hedges has been removed from The Real News Network for interviewing, Dennis Kucinich, the independent candidate for Congress in Ohio and for not supporting the presidential candidacy of Joe Biden.
The necessity for independent political action, independent of both the Republican and the Democratic parties, is the lesson many social activists are drawing. The journalist, Glen Ford, of the Black Agenda Report , coined the phrase “the more effective of two evils” in describing the Democratic Party.
The Democrats are trying to beat people into their camp by haranguing about how horrible Trump is. That’s true. But look at how effective Biden has been in supporting the Israeli genocide. It has only been the independent action of the courageous students that may succeed in tempering the onslaught. It has already had some effect. Activist are now focusing on the fact that it was the Democratic Party on a national and local scale that coordinated attacks on the Palestine solidarity encampments. Just as they did under Obama in closing down Occupy.
The Democrats prevented Bernie Sanders from getting the nomination. Had he not supported the Democrats and became an independent our movement would’ve been much more effective than his lobbing Biden. He has been reduced to the edge of relevance. Significant social change comes from organizing people independently. The rise of the CIO, the civil rights movement and the movement to end the war in Vietnam are illustrations of this truth.
In appreciating the role of the Democratic Party, social activists are increasingly concluding that independent, political action now will help us against Trump should he get elected. Conversely herding people in to supporting the Democratic Party will disarm us.
Guest – Chris Hedges, the journalist and author discusses the collapsing media landscape, what happened to him at The Real News Network and how we preserve journalism. He spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class.
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Early Detection: Catching Cancer When Its Curable
The “war on cancer“ declared by President Richard Nixon over 50 years ago has been a failure. Mortality rates for victims of cancer have not decreased, except for the successful campaign against smoking.
Attorney Michael Ratner, when he was the President of the Center for Constitutional Rights, helped found Law And Disorder radio 20 years ago. We lost him to cancer eight years ago.
Michael’s younger brother Bruce Ratner has co-authored the book Early Detection: Catching Cancer When It’s Curable. It Is dedicated to the memory of Michael Ratner. Bruce and Michael shared similar values. Over the years, cancer rates have pretty much remained the same. Very high. Particularly affected are poor people, rural people, and people of color.
Most money spent on fighting cancer by big pharmaceutical companies goes into researching and developing medicines for late-stage cancers. These medicines have proven to only prolong life for several months. So, what is the answer to truly combating cancer? Early detection. And it must be quite early on.
Funds currently misdirected could be used in this effort. Prostate, breast, colo-rectal, and lung cancers can be detected early. But too often they are not. Even when they are, many people don’t follow up with treatment. A blood test has been developed to identify 50 different cancers. But what’s missing is a massive program of education and organization to catch cancer in its early stages.
Guest – Bruce Ratner studied science at Harvard, graduated from Columbia law school and then taught at NYU Law School. New York City Mayor John Lindsay appointed Bruce to be the Commissioner of Consumer Affairs. Bruce went on to develop real estate in Manhattan and Brooklyn and brought the first professional athletic team, the Brooklyn Nets, to Brooklyn, where he developed the Barclay Center. He also sits on the boards of Weil Cornell Hospital in Memorial Sloan Kettering Hospital. He has initiated the Michael D. Ratner Center for Early Detection of Cancer.
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Censorship, Civil Liberties, Civil Rights, Criminalizing Dissent, genocide, U.S. Militarism, War Resister
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Free Speech: Protest Testing The Limits Of Protection
As controversy rages over protests, encampments, and arrests at hundreds of college campuses around the country, in reaction to the war in the Middle East, free speech is once again at the forefront of national debate. Time and again in American history, the nation has been gripped by the complex question of whether certain speech is or is not protected by the First Amendment. Recently, college presidents have been under fire for failing to protect free speech or for going too far in tolerating free speech. Some have been forced to resign and others have called in the police. Students have been attacked; others have been suspended; student political organizations have been banned. What’s going on and where does the First Amendment fit into all this?
Guest – Nadine Strossen, a leading expert on constitutional law and the First Amendment. Nadine Strossen is Professor of Law Emerita at New York Law School and served as President of the American Civil Liberties Union from 1991 until 2008. She is a Senior Fellow with the Foundation for Individual Rights and Education and is on the advisory boards of the ACLU, Academic Freedom Alliance, Heterodox Academy, National Coalition Against Censorship, and the University of Austin. The National Law Journal has named Strossen one of America’s “100 Most Influential Lawyers,” and in 2023, the National Coalition Against Censorship selected her for its Judy Blume Lifetime Achievement Award for Free Speech.
She is the author of HATE: Why We Should Resist It with Free Speech, Not Censorship (2018) and Free Speech: What Everyone Needs to Know® (2023). Her book Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights was named a New York Times “notable book” of 1995, and was republished this year as part of the New York University Press “Classic” series.
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CIA Sponsored Terror, Civil Liberties, Civil Rights, genocide, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
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Police, Politics And Violent Repression Against Pro-Palestine Student Protest
During the Occupy Wall Street protests of late 2011 and early 2012, the FBI treated the Occupy movement as a domestic terrorist threat. That was even though the Bureau acknowledged that organizers were calling for peaceful protests. Massive resources were deployed to track the movement, and FBI and counter-terrorism agents around the nation coordinated with local and federal law enforcement to track and gather intelligence, effectively serving as an arm for private business.
More than a decade later, college administrators are calling local armed police—some in riot gear—to arrest and in many instances brutalize hundreds of pro-Palestinian protesters in actions and encampments sweeping the nation. More than 1,000 protesters have been arrested over the last two weeks on campuses in states including Texas, Utah, Virginia, North Carolina, New Mexico, Connecticut, Louisiana, California and New Jersey. At UCLA, last week, after pro-Israel supporters carrying symbols of radical Jewish groups, not of student age, allegedly threw fireworks into a solidarity encampment, students defending the camp were attacked with stones and sticks. Yet, after an hour of violence, police standing nearby failed to intervene.
Guest – attorney Mara Verheyden-Hilliard from the Partnership for Civil Justice Fund and the Center for Protest Law and Litigation in Washington, DC. Mara is one of the nation’s leading litigators defending protesters and winning numerous reforms in police practices at mass assemblies and demonstrations.
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Legacy of Protest At Columbia University
One of the great events of the 60s is the Columbia student takeover of several key buildings on their campus in protest of the university’s complicity in the war against the Vietnamese people. The takeover was also a protest to building a gym in a public park in Harlem adjacent to Columbia University, considered to be a racist act.
The student actions at Columbia brought down a terrific repression. Hundreds of students were arrested and beaten. Our own Michael Ratner, a cofounder of Law and Disorder, and a law student at Columbia, was also beaten by the police. For Michael, there was no turning back. He went on to become one of the great movement lawyers of his generation.
Guest – anti-Vietnam war activist Eleanor Stein, like Michael, she was a student at the law school. Eleanor Stein went on to become an attorney, she is a climate change, environmental justice and human rights activist and advocate. She teaches climate change and human rights at the State University of New York, at Albany, and has just recorded a Continuing Legal Education session on this subject for the CUNY Law School. In addition, she facilitates international forums on climate change and energy. And for years, Professor Stein was an Administrative Law Judge at the NY state agency that regulates the energy industry.
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