During the run up to the election, the Obama campaign effectively used electronic media. Most of us know how successful that was in getting out Obama's talking points as well as fund raising. Later revelations of the JournoList and the use of paid ACORN protesters were seen as despicable, but they fell within the typical dirty tricks camp of national elections.
What you can do when you're running for office and running a national campaign is entirely different from what you can do once you're in office. The then Senator Obama could not have solicited input on Americans who were exercising their free speech in declaring their concerns about Candidate Obama, but the Democratic Party hacks could have done that.
Seven months into President Obama's Administration, the staff at the White House are still behaving as if they're on the campaign trail. That was obvious to many, as the constant press conferences and stump speeches are signs that President Obama is still behaving as Candidate Obama.
But the White House Blog request for notification of "fishy" communications is unconstitutional for a member of government. I, as a private citizen, could ask for that information because the limitations on Free Speech don't apply to private citizens. I could set up a mechanism for collecting that information (and even pay people who send me the information). The restriction on limiting speech applies only to the government.
The Supreme Court has decided the matter in the past. Federal law prevents keeping a database on private citizens.
I would love to believe that the staffers at the White House Blog were intentionally engaging in a conspiracy to supress the free speech of citizens by setting up the "fishy" reporting mechanism, but that gives this Administration too much credit. They're not that clever. Rather, they're still in campaign mode, and are too stupid to know that they have violated one of American citizens' most precious liberties.
Sen. John Cornyn wrote a letter to the Obama Administration regarding the matter:
Dear President Obama,
I write to express my concern about a new White House program to monitor American citizens' speech opposing your health care policies, and to seek your assurances that this program is being carried out in a manner consistent with the First Amendment and America's tradition of free speech and public discourse.
Yesterday, in an official White House release entitled "Facts are Stubborn Things," the White House Director of New Media, Macon Phillips, asserted that there was "a lot of disinformation out there," and encouraged citizens to report "fishy" speech opposing your health care policies to the White House. Phillips specifically targeted private, unpublished, even casual speech, writing that "rumors often travel just below the surface via chain emails or through casual conversation." Phillips wrote "If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov."
I am not aware of any precedent for a President asking American citizens to report their fellow citizens to the White House for pure political speech that is deemed "fishy" or otherwise inimical to the White House's political interests.
By requesting that citizens send "fishy" emails to the White House, it is inevitable that the names, email addresses, IP addresses, and private speech of U.S. citizens will be reported to the White House. You should not be surprised that these actions taken by your White House staff raise the specter of a data collection program. As Congress debates health care reform and other critical policy matters, citizen engagement must not be chilled by fear of government monitoring the exercise of free speech rights.
I can only imagine the level of justifiable outrage had your predecessor asked Americans to forward emails critical of his policies to the White House. I suspect that you would have been leading the charge in condemning such a program-and I would have been at your side denouncing such heavy-handed government action.
So I urge you to cease this program immediately. At the very least, I request that you detail to Congress and the public the protocols that your White House is following to purge the names, email addresses, IP addresses, and identities of citizens who are reported to have engaged in "fishy" speech. And I respectfully request an answer to the following:
- How do you intend to use the names, email addresses, IP addresses, and identities of citizens who are reported to have engaged in "fishy" speech?
- How do you intend to notify citizens who have been reported for "fishy" speech?
- What action do you intend to take against citizens who have been reported for engaging in "fishy" speech?
- Do your own past statements qualify as "disinformation"? For example, is it "disinformation" to note that in 2003 you said:"I happen to be a proponent of a single-payer universal health care plan"?
I look forward to your prompt response.
Sincerely,
JOHN CORNYN
United States Senator
I suspect that no criminal charges will be filed, but ignorance of the law is not an excuse (especially by members of the government, and more especially the Office of the President as one of the primary duties of the President is to enforce the laws, not violate them), and the Obama Administration has committed a crime simply by creating this fishing hole (what they do with the information received is adding to the existing crime).
Sen. Cornyn got it exactly right and I hope that his cease and desist letter will be enough to get the program stopped. It won't stop the other crimes, misdemeanors, and constitutional violations being perpetrated by this Administration, but it is a good start.
During the campaign we were told that Obama had sufficient experience to hit the bricks running. The problem, of course, is that he didn't. He's running, but it is a still a campaign not an Administration.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.-- Thomas Jefferson, Declaration of Independence
Posts
