Posted on 02/24/2020 7:49:29 AM PST by yesthatjallen
In a free society, speech at times can be annoying, obnoxious, unsettling or offensive. Panhandlers and political protesters can approach you on the street. Controversial ideas can be expressed on tee shirts, bumper stickers or license plates. And governments cannot block speech merely because it is irritating or bothersome — unless you are talking about commercial speech, in which case government bureaucrats have been given more deference to restrict speech.
For example, the New York City Taxi and Limousine Commission determined that Uber and Lyft drivers could not install tablets that would display advertisements or allow passengers to play games to earn the drivers a little extra income. In a city filled with 9,000-square-foot billboards, street performers and buskers, the TLC’s desire to shield riders from advertisements is quaint and paternalistic. And the Second Circuit, unfortunately, upheld that decision and found that, because commercial speech was at stake, the regulation could stand.
The Supreme Court should take up the case to reverse that decision and overturn old precedents that have given second-class status to commercial speech.
SNIP
It is time for the Supreme Court to recognize that there isn’t a clear line between commercial and non-commercial speech, and that commercial speech is therefore worthy of full constitutional protection.
(Excerpt) Read more at thehill.com ...
Especially inside of a taxi service.
But we also need to be able to slam the Media for slander or libel. They lie with impunity and that needs to stop. First Amendment should not protect them.
Legitimate restrictions on commercial speech are those disfavoring misleading or deceptive claims. Blocking speech because an agency holds you by the license is nonsense.
Absolutely.Trump’s threat to sue for libel is justified and necessary. He should also sue the wire services for antitrust violation.
The argument against it is that SCOTUS claimed in NYT v. Sullivan that 1A reduced the traditional right (of public officials, at least) to sue for libel.
The argument against THAT was enunciated by Scalia: the Bill of Rights in general and 1A in particular was crafted not to change any existing right, but to secure existing rights against change. Thus, no court held that libel law was changed by 1A until the Warren Court arrogated to itself the right to diminish the right to sue for libel.
A talk show host might worry that without Sullivan, Democrat pols might be enabled to sue them. Which could be a legit concern, but . . . the problem we face is “the media” which is actually the journalism cartel.
SCOTUS could easily reduce the protection against libel specifically for the journalism cartel on antitrust grounds, without affecting talk shows at all. And it is quite clear that wire service journalism (including the members of the AP) is a cartel.
“People of the same trade,” Adam Smith remarked, “seldom meet together, even for merriment or diversion, but the conversation ends in a conspiracy against the public, or some contrivance to raise prices.”
Since the wire services are nothing other than a continuous virtual meeting of all major US journalism, in effect since before the Civil War, wire service journalism has been cartel journalism since memory of living man runneth not to the contrary.
“The media” - the journalism cartel - “conspires against the public” by manipulating American English language to prevent clear thinking about politics and virtue. E.g., “objectivity” - like “moderate” or “progressive” or “liberal” means “agreeing with the journalism perspective” - and neither more nor less. But unlike any other word, “objective” is only applied to journalists, never to others - and journalists are never given any of the other labels which otherwise, in their lexicon, mean exactly the same thing.
Thomas Paine emphasized that (whatever socialists will tell you) “society” and “government” are two different things, and in fact are near opposites. “Government” includes the Deep State, the journalism cartel, unions, and the Democrat Party. And “society” includes voluntary organizations, “the market," and the Trump Republican Party.
Since journalism is about surprises, and surprises are generally failures of plans and thus bad news, journalism is inherently negative. Since the cartel claims that journalists are objective, knowing that journalism is negative, it effectively claims that “negativity is objectivity” - and that is cynicism.
Journalism is cynical about society, thus naive about government - and that is why the journalism cartel promotes socialism. We, OTOH, are skeptical of both. We admit government is necessary because society is imperfect - but we also know that government is imperfect and even dangerous. We eschew both cynicism and naiveté.
Since the journalism cartel is sophistry, any talk show host who takes them on is perforce - in ancient Greek terms - a philosopher.
That's an interesting read. I'll be chewing on your little essay all day long.
Gas pumps that talk to us while we’re filling gas should be outlawed.
Ok, maybe not, but I avoid those stations.
Judges: 13 Circuit Justice: Ruth Bader Ginsburg Chief Judge: Robert A. Katzmann Next Chief Judge: Debra Ann Livingston? 2020? ================== Age Title Judge Duty station Born Term of service Appointed by 67 Chief Judge Robert Katzmann # New York, NY 1953 1999–present &2013–present Clinton 79 Circuit Judge José A. Cabranes # New Haven, CT 1940 1994–present — — Clinton 82 Circuit Judge Rosemary S. Pooler Syracuse, NY 1938 1998–present — — Clinton 71 Circuit Judge Peter W. Hall # Rutland, VT 1948 2004–present — — G.W. Bush 61 Circuit Judge Debra Ann Livingston # New York, NY 1959 2007–present — — G.W. Bush 66 Circuit Judge Denny Chin New York, NY 1954 2010–present — — Obama 54 Circuit Judge Raymond Lohier # New York, NY 1965 2010–present — — Obama 69 Circuit Judge Susan L. Carney New Haven, CT 1951 2011–present — — Obama 56 Circuit Judge Richard J. Sullivan * New York, NY 1964 2018–present — — Trump 54 Circuit Judge Joseph F. Bianco * Central Islip 1966 2019–present — — Trump 44 Circuit Judge Michael H. Park * New York, NY 1976 2019–present — — Trump 51 Circuit Judge William J. Nardini New Haven, CT 1969 2019–present — — Trump 41 Circuit Judge Steven Menashi * New York, NY 1979 2019–present — — Trump ========================= 88 Senior Circuit Jon O. Newman Hartford, CT 1932 1979–1997 1997–present Carter &1993–1997 83 Senior Circuit Amalya Lyle Kearse New York, NY 1937 1979–2002 2002–present Carter 85 Senior Circuit Ralph K. Winter Jr. # New Haven, CT 1935 1981–2000 2000–present Reagan &1997–2000 79 Senior Circuit John M. Walker Jr. # New Haven, CT 1940 1989–2006 2006–present G.H.W. Bush &2000–2006 76 Senior Circuit Dennis Jacobs * New York, NY 1944 1992–2019 2019–present G.H.W. Bush &2006–2013 83 Senior Circuit Pierre N. Leval # New York, NY 1936 1993–2002 2002–present Clinton 87 Senior Circuit Guido Calabresi # New Haven, CT 1932 1994–2009 2009–present Clinton 83 Senior Circuit Chester J. Straub inactive 1937 1998–2008 2008–present Clinton 80 Senior Circuit Robert D. Sack New York, NY 1939 1998–2009 2009–present Clinton 76 Senior Circuit Barrington Parker Jr. New York, NY 1944 2001–2009 2009–present G.W. Bush 69 Senior Circuit Reena Raggi # Brooklyn, NY 1951 2002–2018 2018–present G.W. Bush 71 Senior Circuit Richard C. Wesley # Geneseo, NY 1949 2003–2016 2016–present G.W. Bush 68 Senior Circuit Gerard E. Lynch New York, NY 1951 2009–2016 2016–present Obama
& denotes Chief Judge of the Court
* denotes Federalist Society member
# denotes Federalist Society associate
"Pythagoras was the first who called himself philosophos, instead of sophos, 'wise man,' since this latter term was suggestive of immodesty." [Klein]
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