No Comment — May 8, 2007, 7:07 am

Big Brother Has Free Speech Rights, Too

Recently a federal appeals court warmed the hearts of civil libertarians by making clear that one right in the Bill of Rights has survived 9/11: the right to use firearms. This right is said to appear in the Second Amendment (that’s funny–not in my copy).

Now Verizon is working hard to establish a second right: Freedom of Speech. According to the telecommunications giant, the right of free speech serves one essential function–it allows Verizon to share the confidential phone records of its customers with the federal government in violation of state and federal law. In response to a law suit by the Electronic Frontier Foundation and American Civil Liberties Union, Verizon has asked a court to dismiss the suits–on First Amendment Grounds.

Essentially, the argument is that turning over truthful information to the government is free speech, and the EFF and ACLU can’t do anything about it. In fact, Verizon basically argues that the entire lawsuit is a giant SLAPP (Strategic Lawsuit Against Public Participation) suit, and that the case is an attempt to deter the company from exercising its First Amendment right to turn over customer calling information to government security services.

“Communicating facts to the government is protected petitioning activity,” says the response, even when the communication of those facts would normally be illegal or would violate a company’s owner promises to its customers. Verizon argues that, if the EFF and other groups have concerns about customer call records, the only proper remedy “is to impose restrictions on the government, not on the speaker’s right to communicate.”

Share
Single Page

More from Scott Horton:

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

No Comment November 4, 2013, 5:17 pm

The Torture Doctors

An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath

No Comment August 12, 2013, 7:55 am

Obama’s Snowden Dilemma

How will the Obama Administration handle Edward Snowden’s case in the long term?

Get access to 164 years of
Harper’s for only $34.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2014

50,000 Life Coaches Can’t Be Wrong

= Subscribers only.
Sign in here.
Subscribe here.

The Quinoa Quarrel

= Subscribers only.
Sign in here.
Subscribe here.

You Had to Be There

= Subscribers only.
Sign in here.
Subscribe here.

A Study in Sherlock

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
“In Thunupa’s footsteps grew a miraculous plant that could withstand drought, cold, and even salt, and still produce a nutritious grain.”
Photograph by Lisa M. Hamilton
Article
A Study in Sherlock·

= Subscribers only.
Sign in here.
Subscribe here.

“It is central to the pleasure of the Sherlock Holmes stories that they invite play, and that they were never meant to be taken seriously.”
Illustration by Frederic Dorr Steele
Post
My Top 5 Metal Albums and Their Poetic Counterparts·

= Subscribers only.
Sign in here.
Subscribe here.

“1. Death, The Sound of Perseverance (Nuclear Blast, 1998)”
Photograph (detail) by Peter Beste
Article
Found Money·

= Subscribers only.
Sign in here.
Subscribe here.

“I have spent my entire adult existence in a recession. Like most people I talk to, I assume the forces that control the market are at best random and at worst rigged. The auction shows only confirm that suspicion.”
Illustration by Steven Dana
Post
The School of Permanent Revolución·

= Subscribers only.
Sign in here.
Subscribe here.

“The University of Venezuela has provided a consistent counterweight to governmental authority, but it has also reliably produced the elite of whatever group replaced the status quo.”
Photograph © Daniel Lansberg-Rodríguez

Percentage of Americans who believe that there is baseball in heaven:

56

The Vatican said that fewer people were confessing their sins.

After being convicted of tax fraud in Italy, 77-year-old former prime minister Silvio Berlusconi was sentenced to a year of community service at a home for the elderly in Lombardy.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Citizen Walmart

By

The retail giant’s unlikely romance with small farmers

Subscribe Today