Tag Archives: First Amendment

Strange Allies in the Fight to End Free Speech

“Performance Artists” versus The First Amendment

By James F. Tracy

Inflammatory radio host Alex Jones is besieged with lawsuits brought by Sandy Hook parents who claim to be “defamed” by the content of his broadcasts. America’s loudest rant monger appears to be fulfilling a central role in a broader play that could seriously undermine the First Amendment.

Most recently Jones, who maintain via his counsel that the Newtown massacre itself was genuine, has agreed to defray the plaintiffs’ court costs for bringing suit in Texas should the judge find it frivolous. Concurrently media platforms including YouTube, Facebook and Spotify are now censoring “Infowars” for purported “hateful” content.

Jones’ ex-wife and conflict-of-interest show boater Kelly Jones is allying with parents of the children who are reported to have died in the 2012 school shooting by picketing an August 1st Texas court hearing with a sign reading, “Texans For Sandy Hook Justice,” NBC News reports.

Image Credit: Eric Gay/AP

Ms. Jones won a vicious child custody battle with the radio personality in July 2018. Jones asserts that she was present during the creation of InfoWars, “and I’m trying to make that right.”

These people not only lost their children in the most horrible way that you can imagine – I mean, unspeakable – but they’ve been harassed by his audience. They’ve had to move houses. They had people come up to them and say that their children didn’t even exist.

As this storyline goes, while the Sandy Hook parents lost their children in December 2012 Kelly Jones saved hers from America’s most prominent career “conspiracy theorist.”

A deeper dimension to this unfolding scenario is the fact that both Kelly Jones, Jones’ children, and the parent-plaintiffs squaring off against Alex in Texas are Jewish.

This aspect of the saga would not be worth noting at least in passing if not for the fact that certain Jewish-led “civil right groups,” including as the Anti-Defamation League and Southern Poverty Law Center, have long-sought to topple the American ideal of free speech ensconced in the First Amendment.

These interests and the powerful forces they represent would much rather have the United States temper free speech rights by taking away the rights of those expressing “hate speech,” which in reality translates to any political speech the deep-pocketed sponsors of such groups deem undesirable.

One way to seriously cripple if not eliminate free speech is via a “Trojan horse” like Alex Jones. Despite the swaggering Texan’s professed expertise in conspiracy investigation Jones cannot seem to make heads nor tails of the Sandy Hook massacre.

But that’s not all. Jones has been caught censoring actual research addressing the event, and through this ham-fisted performance has set himself up to take the fall that will likewise bring down US free speech rights.

As we’ve recently stated,

the broadcaster has waffled so much on Sandy Hook that it’s difficult not to believe that he isn’t a pre-designated foil in a broader play to defeat what’s left of speech freedoms in the United States.

There is a well-known theory that 1980s comedian Bill Hicks faked his unusual death from pancreatic cancer at the age of 32 (pseudocide) and has ever since been playing the character Alex Jones since the mid-1990s. Although the idea seems far-fetched, the fact is that celebrities with substantial means have “faked their deaths” for many years to assume a new life and identity.

“Some people fake their death to avoid jail or get away with a crime” according to Psychology Today. “[O]thers want to escape debt, a stalker, or a burdensome relationship.”

“’If you want to disappear and do it right,’” writes author Elizabeth Greenwood,

“the planning is not for the faint of heart, or the careless.” She proves this throughout her book. The question for those who want to reinvent themselves is whether they can ever completely leave their lives behind. Many think they can do it for a period of time, but expect to pick it back up at some point. To really be successful at pseudocide, though, it seems one must be able to walk away—and stay away—from everything. This includes family, medical records, bank accounts, social media, cars, and your reputation as an honest person.

Even Vice News calls pseudocide “a timeworn tradition” among the laity. Is this also the case with the victims of mass casualty events … and perhaps the successful radio persona whose attorney admits is “a performance artist playing a character”? If by chance Alex Jones is Hicks’ invention he could not have pulled this stunt off for two decades without certain lettered agencies’ complicity. And for this he is indebted to them.

If one is going to file a civil claim that someone’s speech is actionable then it is tremendously helpful to have a “friendly” defendant. Just ask German-born  journalist Richard Gutjahr, who is closely allied with the Sandy Hook parents bringing suit against Alex Jones in Texas. Gutjahr says he was encouraged by “Sandy Hook parent” Lenny Pozner and supports the lawsuit against Jones. Gutjahr is of the litigious sort, of which more below.

As some may recall, Richard Gutjahr is so anxious for a scoop that he was present to document both the July 14, 2016 “Nice truck attack” and  the July 22, 2016 “Munich shooting.”

Richard Gutjahr “accidentally” deleted the photos and tweets about Munich.

Gutjahr’s wife, Israeli-born Einat Wilf, is an outspoken Harvard and Cambridge-educated foreign policy advisor to former Israeli Prime Minister Shimon Peres. Wilf’s additional credentials include serving as a lieutenant in the Israeli Defense Forces’ intelligence division and fulfilling a partial term in the Knesset.

Thus it is perhaps ironic that both Gutjahr and Pozner have wives capable of potentially operating under intelligence cover and likely even diplomatic immunity if necessary. We have been apprised, for example, by parties with considerable investigative capacity that it is close to impossible to ascertain the actual background of one “Veronique De La Rosa.”

Along these lines, more than a few individuals have preferred the compelling and plausible notion that Jones is in fact an imposter, and thus a double agent of sorts.

Thin-skinned writer Richard Gutjahr borrows an image from television program “Better Call Saul” Image Credit: YouTube

In the 2017 presentation below Gutjahr’ (at 13:19) discusses his would-be persecution at the hands of “hoaxers”and a strategy of waging legal battles in order to stifle anyone who might question the “on-air talent” in dubious public events.

Lenny [Pozner] and I, we talked many, many times online, and he told me about the so-called “truthers,” the so called “hoaxers.” People who get a kick out of it, to have that power over other people. And who actually also get paid for their ‘work’ by YouTube.

Now Lenny told me, “Look, Richard, you can either continue whining, or you start to get back on your feet and start fighting [sic]. It’s gonna be hard, it’s gonna be long, it’s gonna be painful, but you can actually do something against them. And so I did. [Applause.]

Not on-only I took one lawyer, I took two lawyers [sic], and from that day on they took care of Facebook and of Google. We keep on, like, telling them, “This is wrong, this is wrong. We have this court order, this court order. So we’re really a pain in the neck. And you know what? It feels really good to have somebody speaking up for you-finally.

Despite the fact that Gutjahr is “lawyered up,” he can’t seem to prevail in court. Earlier this year the ubiquitous journalist suffered a stinging defeat after suing independent German investigative journalist Gerhard Wisnewski in the district court of Cologne. The reason? Wisnewski pondered whether Guthahr’s presence at both the Nice truck attack and Munich shooting was coincidental, or may have involved some type of foreknowledge.

Gutjahr’s extravagant complaint suggested that Wisnewski’s reporting on possible prior knowledge involved omission, thus defaming Gutjahr’s by generating suspicion that his motives were for professional advancement. As the defendant explains,

In the eyes of Gutjahr and his lawyer, [I] suspected him of a crime under § 138 penal code (Strafgesetzbuch; “non-disclosure of planned crime”). “A far-fetched assertion. This was never the subject of my reporting, It was all about the abstract possibility of prior knowledge, so only about a cognitive process and the question of how the reporter could have been in two alleged terror locations or in the immediate vicinity within a week.”

A verdict favoring Gutjahr’s in Cologne was thrown out on appeal, with the higher court reminding Gutjahr that he must “accept critical illumination of his activities by his peers.” In Wisnewski’s view, “the case developed toward a judicial disaster for Gutjahr.”

While their approaches differ, Gutjahr’s case and the defamation actions of the numerous Sandy Hook parents share the same target, namely the free speech that prompts the public to question the sometimes unlikely narratives of government and its corporate media allies. If a verdict against America’s biggest carnival barker can be secured everything beyond the pale of government and corporate news pronouncements becomes fair game.

Who benefits? Is it those who have something to hide? Who would rather cry, “Hate speech!” and thereby attack the messenger instead of having a fair debate where such speech, if it is truly without foundation might be confronted and dismantled once and for all?

In the case of Sandy Hook especially the petitioners employ an entirely different method, imploring the general public to viscerally identify with their persecution and suffering–with, as Kelly Jones puts it, those who “lost their children in the most horrible way,” and who must thereafter be “harassed by [Alex Jones’] audience.”

This dramatic plea combined with Jones’ over-the-top “performance art” distracts everyday spectators from considering the events in question and, moreover, the “hoaxers” and “conspiracy theorists” who’ve raised the very questions that most salaried journalists have either long abandoned or must consciously dismiss for fear of losing their own livelihoods.

One thing is certain: Richard Gutjahr might have won his court case, if only the defendant was as eager to forfeit his free speech rights as Alex Jones appears to be.

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‘Breaking Bad Wolf’

Why American cop and whistleblower Mark Dougan turned to Russia for sanctuary

Editor’s Note: This new documentary from RT features Palm Beach Sheriff Deputy Mark Dougan, a whistleblower-turned-political emigre. It illustrates the corruption of a local law enforcement agency and the very real dangers of running a blog critical of one’s publicly-elected employer. If the United States had a truly free press Dougan’s story wouldn’t be suppressed. Note that RT is, of course, a “Kremlin-funded” news outlet.

RT Documentary Channel
(July 13, 2018)

While flying close to a small airstrip just over the US border with Canada, the passenger aboard a small Cessna seemed to have a heart attack. After an emergency landing, he miraculously recovered, jumped out of the plane, threw some money at the pilot and ran away. A few days later, he resurfaced in Russia. It may sound like a spy novel plot, but it’s just one episode in the true story of real-life American cop-turned-whistleblower, Mark Dougan. After exposing endemic corruption in the Palm Beach County Sheriff’s Office, he had to fled the United States and found refuge in Russia.

After leaving the US Marine Corp in, Dougan wanted something more adventurous than an office job and became a police officer. After six years, he left the PBSO, appalled by the blatant criminal activity that he saw within the force. He later started a blog, giving honest cops a forum where they could anonymously discuss and expose illegal conduct by senior law enforcers, who predictably, hated it! After being hounded, harassed, and placed under surveillance for six years, The FBI raided John’s home and seized all his digital equipment; they even gave him his own code name; Bad Wolf.
That was when the whistleblower realised he had to flee and escaped to Russia, leaving behind his wife and young children. RTD’s new and exclusive film, Breaking Bad Wolf, tells his incredible story.
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Alex Jones’ Actual Malice

How a Talk Show Host Can Help Defeat the First Amendment

By James F. Tracy

Beginning in April the parents of children said to have perished in the December 2012 Sandy Hook School massacre have filed defamation lawsuits against Alex Jones (e.g. here, here and here) and others claiming the radio talk show host defamed them by repeatedly stating to his audience that the incident was staged. The plaintiffs are requesting an unspecified monetary sum from the defendant, claiming he caused them to be harassed and threatened by parties who share Jones belief that the event was a hoax.

In the event these actions are tried they will in all probability not function as a venue where the veracity of the Sandy Hook event itself can be verified or disproven. Nor will the plaintiffs likely have to provide much if any evidence of harassment or pain and suffering.

The parents’ attorneys assert in one suit that “overwhelming–and indisputable–evidence exists showing what happened at Sandy Hook Elementary School on December 14, 2012.” This claim is unanimously (though erroneously) supported by Connecticut State authorities and national news media, and has been accepted as settled fact by a federal judge in Lucyv.Richards.

Alex Jones faces new defamation lawsuit, hires attorney

An open question remains whether the suing parties would need to suppress any countervailing evidence. This is largely because over five years after the Sandy Hook massacre event Jones still routinely exhibits uncertainty on whether or not the shooting was real. It is with this suggestion of “actual malice” that he is setting himself up for an untenable position before a jury.

Sullivanv.NewYorkTimes defined actual malice as a primary requisite for a plaintiff to prevail in bringing a defamation suit. In that famous episode the U.S. Supreme Court ruled that an advertisement with factual inaccuracies produced by 1960s civil rights advocates and carried in the Times had not been published with actual malice. The court ruled that under the given circumstances the newspaper’s staff did not run the ad either 1) knowing it was false, or 2) with reckless disregard for the truth.

In the cases at hand Jones’ would-be confusion about Sandy Hook began just hours after the alleged shooting itself, when Jones, perhaps anticipating the mixed orientation of his audience toward the incident, expressed confusion over exactly what took place in Newtown. At the same time, and without any real evidence, he used anonymous callers’ observations to label the event a probable “false flag.” This ambiguity would continue for more than five years.

In the months and years thereafter substantial evidence emerged suggesting the “massacre” was probably a FEMA drill overseen by the Obama administration and presented as an actual attack to lay the groundwork for strengthening gun control legislation. Some of this data was compiled in the book edited by Professor Jim Fetzer, Nobody Died at Sandy Hook.

Instead of inviting Fetzer on to his radio program following the book’s publication and subsequent censorship by Amazon.com in late 2015, Jones ran in the other direction, actually deleting a story by Infowars writer Adan Salazar from his website and thus in effect joining forces with Amazon to suppress that title’s revelations.

Jones conflicted stance toward Sandy Hook is now even mirrored in his attorney Marc Randazza’s public remarks. “We are going to be mounting a strong First Amendment defense and look forward to this being resolved in a civil and collegial manner,” Jones’ counsel Randazza explained to the New York Times, where he continues to note “that Mr. Jones has ‘a great deal of compassion for these parents.'”

Such a statement suggests how the Sandy Hook official narrative as  defined by the media (and in the minds of any potential jury member) is shared by the defendant himself and his own legal team.

University of Texas law professor David Anderson contends that Jones’ repeated waffling on Sandy Hook makes him especially vulnerable.

What I understand is that he’ll say these things at one point, and then later on, he’ll say, “Of course I know that wasn’t true.” If he says things, and then says he knows it wasn’t true, he’s in trouble. If he consistently says, “I never claimed that to be true,” then he’s probably on more solid ground.

Because Jones’ confusing array of broadcast utterances on Sandy Hook are all a matter of public record it will not be difficult for the “prosecution” to demonstrate Jones’ confusion amounts to a “reckless disregard for truth.”

Further, since Jones’ public persona precedes him and given the fact that jurors are often impressionable and will surely not be avid “Infowarriors,” plaintiffs’ counsel will likely find it easy to depict Jones as a devious and malicious actor. Unfortunately, these are all a jury needs to be fed to affirm the parents’ claims.

Jones’ uncertainty on the Sandy Hook massacre is especially unusual for a figure who is the self-proclaimed “founding father of the 9/11 truth movement,” and who for over two decades been the country’s most prominent “conspiracy theorist.”

Moreover, Jones strongly-voiced political opinions in many areas is what his fans find most appealing. In light of this the broadcaster has waffled so much on Sandy Hook that it’s difficult not to believe that he isn’t a pre-designated foil in a broader play to defeat what’s left of speech freedoms in the United States. It’s at least for certain that Jones is not any truth movement’s most desirable ally.

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California Considers Monitoring Online Speech

Editor’s Note: California may set the tone for a national conversation and perhaps even set of laws addressing what the state’s lawmakers deem “false information … spread online.” Since political motivation and ideology often underly what one deems “fake news” this proposed move should be especially concerning for those who truly cherish free thought and expression. As the article below suggests, Facebook’s recent nod to corporate media outlets as an antithesis to “fake news” has demonstrated how such an effort is likely to be instituted in California and elsewhere. The Electronic Frontier Foundation argues that the law is dangerous because it places the governing body in a position to determine what is true and false.

The proposed speech legislation was introduced by California State Senator Richard Pan, a practicing pediatrician and the principal lawmaker behind SB277, the state’s mandatory vaccination law. A voter-driven campaign in 2015 to have Pan ousted from office was not successful.

California State Senator Richard Pan. Image Credit: Rich Pedroncelli/Associated Press

CBS13 Sacramento reports:

California is considering creating a “fake news” advisory group in order to monitor information posted and spread on social media.

Senate Bill 1424 would require the California Attorney General to create the advisory committee by April 1, 2019. It would need to consist of at least one person from the Department of Justice, representatives from social media providers, civil liberties advocates, and First Amendment scholars.

The advisory group would be required to study how false information is spread online and come up with a plan for social media platforms to fix the problem. The Attorney General would then need to present that plan to the Legislature by December 31, 2019. The group would also need to come up with criteria establishing what is “fake news” versus what is inflammatory or one-sided.

The Electronic Frontier Foundation opposes the bill, calling it “flawed” and “misguided.” The group argues the measure would make the government and advisory group responsible for deciding what is true or false. It also points out the First Amendment prevents content-based restrictions, even if the statements of “admittedly false.”

A recent study by Massachusetts-based MindEdge Learning was conducted with 1,000 young adults, ages 18 to 31-years-old. According to MindEdge’s nine-question survey, 52 percent of the respondents incorrectly answered at least four questions and received a failing grade. The number of young adults who could detect false information on the internet went down by all of the group’s measures. Only 19 percent of the college students and grads scored an “A” by getting eight or nine questions correct. That number is down from 24 percent in last year’s survey.

Facebook recently did away with its “Trending News” section – calling it outdated and unpopular. That section was criticized in the past after reports came out claiming the human editors were biased against conservatives. After Facebook fired those editors, the algorithms it replaced them with couldn’t always distinguish real news from fake.

After the 2016 election, Facebook founder Mark Zuckerberg denied that fake news spread on the social site he oversees influenced the outcome- calling the idea “crazy.”

A previous bill, AB 155, would have required schools to teach students the difference between “fake news” and “real news.” It died in the Assembly Committee on Appropriations.

The current bill SB 1424 was authored by Senator Dr. Richard Pan. It passed the Senate on May 30, 2018 by a vote of 25-11. It will be heard by the Assembly Arts, Entertainment, Sports, tourism, and Internet Media Committee on Tuesday.

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DHS Moving to Police Journalists, Bloggers, ‘Media Influencers’

Chuck Frank
PPJ Gazette

Journalists are now on the chopping block as the Feds and Homeland Security are planning to make lists and spy on websites, news outlets, articles, blogs and whistleblower sites.  Not in America? Yes, in America,, the land of the First Amendment and free expression. Essentially, this “Big Brother” agenda is a hydrogen bomb that is set to explode and  we the people must stop it before it happens.

As World Net Daily reports,

“The DHS is looking for a contractor and has just announced that it intends to compile a comprehensive list of hundreds of thousands of ‘journalists, editors, correspondents, social media influencers, bloggers etc.’, and collect any ‘information that could be relevant’ about them.”  

This is unimaginable.  Now, consider this.  If the agenda is there to combat terrorist leaning news and also fake news,  but how much credible journalism is going to go down with the ship while the deck is shuffled and what price will a journalist pay for uncovering such stories which may be related to, let’s say, the “deep state and internal corruption?”  That’s just one example of censorship though a massive campaign to control mass communications and also hide wrong doing in government.

The First Amendment was primarily made for this very reason. Fact check.  Just when “alternative news” is making headway, those associated with the mainstream news and the New World Order are on a mission to destroy investigative journalism,, alternative news, and accurate reporting.  And now the Ministry of Truth, or is it the Ministry of Deception, AKA, the DHS who has spoken?   They will offer the people broad “protection” of the written word?  Where was the people’s protection during 9/11?  Were we told the whole story and truth about the event?  Will Wikileaks be banned?

 “Freedom of the press was one of the most sacred provisions within the Bill of Rights and the First Amendment.”  With the DHS ready to start policing and tracking hundreds of thousands of persons associated with journalism and compiling a database likened to North Korea, then one must ask the question,  who is really behind this and where does Congress stand on the issue?  

 I will paraphrase part of the First Amendment here with regard to journalism.   

 “Congress shall make no law…abridging the freedom of speech, or the press…”  The dictionary meaning of abridge is to “reduce in scope.”  Therefore, the DHS and its chosen hit men could very well either place pressure on companies or individuals that do not “conform” to “their” definition of “credible journalism.”  “Did you tell the whole truth and nothing but the truth, so help you God?”

  Who can trust the DHS when it is already known that our own government has sponsored fake news and censorship for many years. 

See more on this topic in…     House of Lords: America in the Balance; Chapter 3, “Freedom of the Press”,   page 29 .  Charles W. Frank.  See the author’s page.   Available by request.

Be assured, preserving the freedom of the press and  of expression is paramount in in this day  and age because the world is already spiraling out of control.

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