July 10, 2009

Undeserved Awards

Undeserved Awards

[An edited version of this letter appeared in
the Boston Phoenix on July 17, 2009 page 5;
Second letter at this link]
http://thephoenix.com/Boston/News/86631-Free-speechifying/

Dan Kennedy includes "free-speech stories in New England" compiled by [among other sources] "the American Civil Liberties Union (ACLU)." (DAN KENNEDY, "The 12th Annual Muzzle Awards," Boston Phoenix, July 8, 2009) The subtitle is "A look at the dishonorable enemies of free speech and personal liberty in New England." Why did this prominent media critic fail to reveal that the ACLU itself is censoring stories, expression and speech by its own board members?

No recent phenomenon, this year national ACLU board member Wendy Kaminer published her book Worst Instincts about this multi year abomination. It is a sign of the times that the ACLU is censoring speech and media critics omit reporting the fact.

The last time I researched the issue of truth as a defense to slander, the exception was that if a statement is on its face slanderous, truth is no defense. That would apply to allegations of a loathsome disease, e.g., mental illness or AIDS. Aside from the unscientific nature of mental illness and its arbitrariness, imagine a malicious person following another and telling everyone that the first person met that he was mentally ill in order to discredit and to isolate the person. That is an example of what the law generally describes in the Juan Torruella award [MGL Chapter 231 Sec. 91 states "unless such statements were published in pursuance of a general scheme to defame or otherwise injure the plaintiff."] Broadcasting irreparably harmful speech does not enjoy protection under the US or the MA Constitutions.

In the Boston Police award Kennedy says, "The arrest [of Shepard Fairey] was clearly a publicity stunt, based on old warrants." This is spinning the facts. Police in most jurisdictions do not chase down suspects for outstanding warrants. When a suspect is stopped by an officer, or if the suspect files a complaint with the police e.g., they check for outstanding warrants. In this case Fairey became an object of police attention due to the publicity of the suspect. Clearly this is a deceptive statement by Kennedy.

http://thephoenix.com/Boston/News/86261-12th-Annual-Muzzle-Awards/

The 12th Annual Muzzle Awards
A look at the dishonorable enemies of free speech and personal liberty in New England.
By DAN KENNEDY
Boston Phoenix
July 8, 2009

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