Category Archives: Civil Liberties

Congressman Conyers Wants to Know Why Justice Misled Supreme Court

Eric Muller is all over this story — go read Ranking House Judiciary Democrat Asks for Investigation of DOJ

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Moore Lied About Dispute With Disney — It Isn’t New

Daniel Drezner has the facts: Michael Moore massages the facts. In fact, it seems Moore just lied to 'improve' his story.

The weird thing is, the original version was a good story too — just not as likely to get headlines. It appears that Moore has a contract with Mirimax, Mirimax wants to distribute the film, Disney won't let it. The difference is that Disney's been consistent on this rather than springing it on Moore.

In other words, Moore manufactured a news hook, and got a lot of headlines. That's pretty shabby. The basic issues — why Disney is against the movie (politics? fear? aesthetic differences?) remain.

I don't think I'll be going to see this movie. But then I didn't go to the last one either.

Update (5/9/04): Moore's reply

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Disney Blocks Anti-Bush Movie…Allegedly Because It Fears Retaliation from Bush Family

One of the signs that you live in a banana republic is that the people disappear off the streets and are held indefinitely without trial (think Padilla). Another is that shadowy people who aren’t officially there and who everyone says are not subject to ordinary authority beat up detainees (think ‘other agency’ operatives and contractors in Iraq’s prisons). Another is that the nation’s Treasury is looted to give favors to cronies of the junta. Check.

But has it come to the point where even the big fish live in fear? Apparently so. Disney is refusing to let its Mirimax subsidiary distribute a polemical anti-Bush film by Michael Moore. I have no brief for Moore, but the New York Times reports that Mirimax at least believes that Disney’s actions are not justified by its contracts with it.

Be that as it may, the shocking part is not corporate political censorship — we lost that virginity long before the first Bush — but one alleged reason for Disney’s unwillingness to have anything to do with the film: a fear of retaliation from the ruling family!

Disney Forbidding Distribution of Film That Criticizes Bush: Mr. Moore's agent, Ari Emanuel, said that Michael D. Eisner, Disney's chief executive, asked him last spring to pull out of the deal with Miramax. Mr. Emanuel said Mr. Eisner expressed concern that it would endanger tax breaks Disney receives for its theme park, hotels and other ventures in Florida, where Mr. Bush's brother, Jeb, is governor.

“Michael Eisner asked me not to sell this movie to Harvey Weinstein; that doesn't mean I listened to him,” Mr. Emanuel said. “He definitely indicated there were tax incentives he was getting for the Disney corporation and that's why he didn't want me to sell it to Miramax. He didn't want a Disney company involved.”

Disney executives deny that accusation, though they said their displeasure over the deal was made clear to Miramax and Mr. Emanuel.

A senior Disney executive elaborated that the company has the right to quash Miramax's distribution of films if it deems their distribution to be against the interests of the company. Mr. Moore's film, the executive said, is deemed to be against Disney's interests not because of the company's business dealings with the government but because Disney caters to families of all political stripes and believes Mr. Moore's film could alienate many.

Ironically, the film is called “Fahrenheit 911”, presumably an allusion to Ray Bradbury's Fahrenheit 451, a book about censorship. Moore's project, apparently, is about the Bush-Saudi connection.

Update: Jack Balkin takes Disney at its word, and argues that this exposes a new danger of media concentration, which he dubs the soft censorship of Corporate Expectations:

The soft censorship of corporate expectations suggests a generally unremarked problem with media concentration: It is often argued that media concentration can actually help foster diversity, because a monopolist will have an economic incentive to produce a diverse menu of media goods in order to capture an increasingly large audience share. But this reasoning neglects the fact that as media become vertically and horizontally integrated, they may become held responsible by politicians and advertisers for everything that they do. That leads them, all other things being equal, to avoid the kinds of attacks and controversies that will get them in hot water with politicians. Thus, although media concentration may produce products that are increasingly diverse from one perspective, they may be increasingly shallow from another. Conversely, in a world in which there are a large number of different players, the chances become higher than one of them is willing to risk the wrath of the powers that be.

This is a real danger, although it's currently too late in the evening for me to figure out whether it's new, or a more elegant formulation of the old.

Posted in Civil Liberties, Politics: US | 5 Comments

A Good Start on our British Problem

It's good to know that those alert authorities at JFK are taking no chances with dangerous visiting British accountants. You never know what they might do in New York — maybe go shopping and reduce the trade deficit a little.

Briton 'in chains at JFK airport over bogus debt' (UK Telegraph, reg. required): An accountant claims that he was kept for more than 24 hours in “leg chains” and denied food and water after flying into New York's JFK airport with his wife.

David Pattison, 52, of Beeston, Norfolk, was held by US security officials because an Interpol notice alleged that he was wanted in Qatar for debts of up to $10,000 (£5,800).

He was deported on Monday night without having been allowed to enter America.

Mr Pattison, who disputes the alleged debt, said he was subjected to “inhumane and degrading” treatment by the US authorities and a “lack of assistance” by the Foreign Office.

He arrived at the airport's immigration control on Sunday afternoon, at what was to have been the start of a two-week holiday with his wife, Janice, 49, the mother of their six children.

There he was told of the Interpol notice. Mr Pattison worked for an oil company in the Gulf state in 1999 but denies that he left behind any debts. Although about $5,000 (£2,900) had been outstanding on a car he used for work, this was settled after the agreed sale of the vehicle in 2000.

“This was the first I had heard of any warrant against me, and I have travelled all over Europe since 1999,” said Mr Pattison.

“I told the US officials I had a letter at home to prove all matters in Qatar had been settled but they were not interested.”

Mr Pattison was then told he would not be allowed into the country and would be deported. “I requested a call to the British consulate in New York and I spoke to a man who refused to give his surname. He said he couldn't help because I hadn't been admitted to the country and I was in limbo.

“But that is exactly when British subjects in a situation such as mine need assistance. God knows what it would have been like had we been travelling with our children.”

Mr Pattison claims his wife was then escorted out of the room in tears and left to fend for herself. He said cuffs were placed on his hands and ankles and that a wooden restraint was put across his chest.

“I was escorted to a facility with no food or drink and my angina medication was locked away from me. I was placed with eight other unfortunates, two of whom were also British, but we weren't allowed to speak to each other.

“We begged for water but the [Department for Homeland Security] staff just sat there eating hamburgers. There was nowhere to wash or sleep and I observed verbal abuse by US immigration personnel to most of these people.”

It's especially important to be tough on Britons as we would not want them to think that their government's supporting the Administration in Iraq should give them any right to the decent treatment we deny to foreigners from other countries. And you certainly wouldn't want to let in people with debts, especially not big debts like up to $10,000. Especially not an accountant who racked up debts like that. Why, it's not as if Americans were ever in debt!

It's also important to discourage tourism to New York, as there will soon be a Republican convention there and we'll need all the hotel rooms and lots of space for drunken parties on the streets.

Oddly, the government of Quatar claimed to have no knowledge of the warrant for Mr. Patterson, but they're from the Middle East, so why believe them?

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More American Censorship (Patriot Act Dept.)

No, it's not a typo: Patriot Act Suppresses News Of Challenge to Patriot Act:

“It is remarkable that a gag provision in the Patriot Act kept the public in the dark about the mere fact that a constitutional challenge had been filed in court,” Ann Beeson, the ACLU's associate legal director, said in a statement. “President Bush can talk about extending the life of the Patriot Act, but the ACLU is still gagged from discussing details of our challenge to it.”

Yes, it's still a free country. Just not as free as last year. (spotted via boingboing)

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Chilling Effect (Chill Them Young Dept.)

One of the marks of a free country is that you can criticize the Maximum Leader without fear of investigations or reprisals.

Not in Seattle Prosser, Washington State, USA, where a boy was Investigated by the Secret Service, then disciplined by his School, for drawing Bush as the devil in an art class assignment on the Iraq war.

Art students at Prosser High School were told to keep a notebook of drawings depicting the war in Iraq.

One 15-year-old turned in a sketch showing President Bush, dressed as a devil, launching a missile.

Another of his drawings was of a Middle Eastern-looking guy holding a rifle in one hand, while in the other hand was a pole with an oversized head of President Bush stuck on it.

The art teacher found the drawings troubling.

Maybe it was the caption that said: “End the War.”

Anyway, the drawings were turned over to school administrators.

School administrators took a look and tossed this political hot potato to police, who took one look at the “Vote For Ralph Nader” slogan and called in the Secret Service.

Last week, Secret Service agents trekked out to Prosser and grilled the 15-year-old artist.

They left without charging him with anything, but that didn't stop the school district from punishing the kid anyway.

(emphasis added) AP version of the story. And this hyperactive tendency to investigate people is not a fluke but is now shared by many law enforcement bodies: Recall this previous incident? Or this one? All of which leads to self-censorship

Teach the children well, indeed.

[Corrected to remove slur on Seattle, per comment by froz]

Posted in Civil Liberties | 5 Comments