Nerdfighters


Now while they are... well, Fox News and taking it too far much like the other media Conservative on fact usage reporters, they do have somewhat of a point that this request from the White House isn't very well thought out. Now, a lot of these mis-infotainers have been saying that the request states if someone says that they are against the health-care plan that you should be sending them to the flag@whitehouse.gov email address. The problem that Fox and Friends, of course left out, is that the White House in their statement was asking if there was false information about the health-care reform being spread around to let them know. So, while Laura Ingraham tries to say that they could be talking about anything from asking questions about it to flat out lying about it, this is obviously not true based off of the previous statement than the one they quoted from the same request.

The problem with this is that it could (or perhaps SHOULD) still very much be a violation of the First Amendment rights granted by the Constitution in which U.S. Code 522a(e)7 states:

"maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity;"
- http://www4.law.cornell.edu/uscode/html/uscode05/usc_sec_05_0000055...

In this sense, "maintain" is defined by maintain, collect, use, or disseminate.

I don't think that this really applies to statement 2 or 3 in this situation. The individuals are not giving their consent to be flagged nor is it really anything to do within the scope of law enforcement activity. The issue arises when said "unless expressly authorized by statute" (which means a formal written enactment of a legislative authority that governs a country, state, city, or county- source is http://en.wikipedia.org/wiki/Statute ).

I do not believe that spreading misinformation is against the First Amendment to the United States Constitution which promotes freedom of speech. I also do not believe that the request by the White House could be made without a vote by the Legislative branch of government, i.e. Senate and House of Representatives. Therefore, I find the request to be against the law and rights on the First Amendment to the constitution of the United States of America.

What do you think? Is the spreading of misinformation about a governmental issue such as health care reform against the First Amendment of the Constitution? If not, is it even remotely possible that the request is done based on the activity of law enforcement agencies? Did the White House break the law by asking people to send them e-mail addresses to collect that spread misinformation using their First Amendment rights?

Views: 7

Reply to This

Replies to This Discussion

Pretty much, QT. I also can't say I disagree with the law here. Lies when it comes to policy changes are harmful to everyone involved on a far greater degree than would benefit us if it was protected by free speech. If everyone were allowed to slander and libel at will it'd be impossible to sort the facts from the lies without spending your own money doing multi-thousand dollar research, and the entire democracy would quickly collapse.

Not to mention how much of a pain it'd be to pick out pain killers that would actually kill pain and not you.

RSS

Youtube Links!

Here are some YT links to channels related to Nerdfighteria and educational content!

*Can you think of any more? Pass along any suggestions to an Admin who will then add it to this list should it fit!

© 2014   Created by Hank Green.   Powered by

Badges  |  Report an Issue  |  Terms of Service