Arguement against S. 978 Bill – Against our Rights as Americans!

Hello everyone!

As of lately I have heard a lot of discussion about the S. 978 Bill trying to be passed in the United State of America. I am here to tell you this is a CLEAR violation of our rights. I will give you a great example why. First off let me quote a few things.

Quote of Bill S. 978
Please click on the images for a better view.

Now with that being taken into account lets look at the American Rights!

Amendment 1 – Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

With that being said, we all know that we have the FREEDOM to say what we want within reason of course. So the question is where do those rights go to far? Does streaming fall under that? The answer is no! Why? Let me explain! In a Landmark case as argued before the Supreme Court in 1971, the government argued that the press had NO right to publish  top-secret Defense Department history of the Vietnam War. So broadcasting a video game is way less than this, don’t you agree? Well lets look at the transcripts of this case.

New York Times vs United States (1971)

Transcripts from the book:

The Pentagon Papers case began on June 13, 1971, when the New York Timse published six pages of articles and documents from a top-secret Defense Department history of the Vietnam War. The Washington Post soon followed the Times. Goverment lawyers quickly asked federal judges to bar the two newspapers from printing further excerpts from Pentagon Papers.

This unprecedented case raised the issue of prior restraint of press, the primary target of the First Amendment. Solicitor General Griswold argued to the Supreme Court that the publication of the Pentagon Papers would “materially affect the secruity of the United States.” Two weeks after the case began, the Supreme Court rejected his arguement and ruled that the government had not met the “heavy burden” of proving that national security claims outweighed the First Amendment.”

Jumping past the full transcripts of the case…

On June 30th, 1971, only four days after this arguement, the Supreme Court decided the Pentagon Papers case. In a three-paragraph opinion, six justices agreed that the government had not met the First Amenedment’s “heavy presumption” against prior restraints on press. This short opinion was all the majority agreed on. Reflection the nation’s division over the Vietnam War, each of the nine justices wrote a separate opinion. Justice Hugo Black blasted the government for what he called “a flagrant, indefensible, and continuing violation of the First Amendment.”

Only Justice William Douglas agreed with Black that the Constitution barred any prior restraint. Four justices would allow the government to restrain publication of material that would cause, as Justice Potter Stewart wrote, “direct, immediate, and irreparable damage” to the United States. But the Pentagon Papers had not caused such damage.

Chief Justice Burger led the three dissenters. He blade the newspapers for rushing into print and pressuring the Courts. “Free from unwarranted deadlines and frenetic pressures,” he wrote, judges might have found documents that justified prior restraint. Freed from judicial orders to strop the presses, newspapers across the country resumed publication of the Pentagon Papers. The Vietnam War ended four years later with an American defeat. Some critics blade the press for “losing” the war. The Persian Gulf War in 1991 again raised First Amendment issues of military censorship and media access to war zones. As long as bombs fall and presses roll, the Constitution will take hits from both sides. Whether it survives is up to the American people.

This is straight from the book “May It Please The Court…”  Transcripts of 23 live recordings of landmark cases as argued before the supreme court

Here is the information straight from the internet on the case:

New York Times Co. v. United States (1971)


Historical Background

Over the years the Supreme Court has disagreed on the limits that can be placed on the 1st Amendment guarantees of freedom of speech and press. In 1971, the Court faced these issues again in a case brought by the New York Times. The newspaper had obtained a copy of documents known as “The Pentagon Papers”—an internal Defense Department report that detailed government deception with regard to the Vietnam War. The Pentagon Papers surfaced at a time when the American people were deeply divided on the question of United States involvement in the war. The New York Times fought for the right to publish the papers under the umbrella of the 1st Amendment.

Circumstances of the Case

The Pentagon Papers, officially known as “History of U.S. Decision-Making Process on Viet Nam Policy,” were illegally copied and then leaked to the press. The New York Times and the Washington Post had obtained the documents. Acting at the Government’s request, the United States district court in New York issued a temporary injunction—a court order—that directed the New York Times not to publish the documents. The Government claimed that the publication of the papers would endanger the security of the United States. The New York Times appealed the order to the United States Supreme Court, arguing that prior restraint—preventing publication—violated the 1st Amendment.

Constitutional Issues

Are the freedoms provided by the 1st Amendment absolute? Did the threat to national security outweigh the freedom of press guaranteed by the 1st Amendment? Did the publication of the Pentagon Papers in fact pose a threat to national security?

Arguments

For the New York Times: The 1st Amendment’s guarantee of freedom of the press protects the newspaper in the publication of these documents. One of the few restraints on executive power in matters of national defense is a knowledgeable population. The press must be free to inform the American people. In addition, the Government has failed to show that publication of the Pentagon Papers would endanger national security.

For the United States: The 1st Amendment does not guarantee an absolute freedom of the press, especially when the nation’s security is involved. The Court must strike a balance between the fundamentally important right to a free press and the equally important duty of the Government to protect the nation. Allowing the publication of these documents would establish a dangerous precedent for future cases involving national security.

Decision and Rationale

By a 6-3 decision, the Court ruled in favor of the New York Times. In the judgment, the Court cited a prevailing precedent, noting: “Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” In other words, the Court would not be favorably disposed to stifling the press on the order of the government.

Justices Hugo Black and William Douglas, members of the majority, held that the 1st Amendment is absolute. Justice Black called it “unfortunate” in his view “that some of my Brethren [fellow justices] are apparently willing to hold that the publication of news may sometimes be enjoined. Such a holding,” he wrote, “would make a shambles of the First Amendment.”

Justice Byron White, joined by Justice Potter Stewart, believed that while there are situations in which the 1st Amendment may be abridged, they had to “concur in today’s judgments, but only because of the concededly extraordinary protection against prior restraints enjoyed by the press under our constitutional system.” Although the justices thought that the New York Times had probably gone too far in publishing the Pentagon Papers, they found nothing in the law to prevent the newspaper from doing so.

Deferring to responsibilities of the Executive, Chief Justice Warren Burger dissented. Given those vast responsibilities, Burger noted, the Executive also had to be given broader authority. “In these cases, the imperative of a free and unfettered press comes into collision with another imperative, the effective functioning of a complex modern government and specifically the effective exercise of certain constitutional powers of the Executive,” Burger wrote. “Only those who view the First Amendment as an absolute in all circumstances—a view I respect, but reject—can find such cases as these to be simple or easy.”

The decision reinforced the Court’s stance against prior restraint and has often been noted in subsequent prior restraint cases. In the spring of 2000, a Texas district court judge ordered the Associated Press (AP) not to publish a story about a state-guaranteed loan to a Texas shrimp farm. Lawyers for the AP cited the New York Times case in their argument. The judge lifted the order after two days of hearings.

What does this mean for you, the streams, the viewers, the gamers?
“This means if we have the right to publish documents from our government – no matter how the access was gained, then we have the right to stream what ever the heck we want.” Please make sure to pass the word along and stop this bill from passing! Don’t forget to sign this petition against the bill: http://act.demandprogress.org/letter/ten_strikes?akid=700.450896.5hVZPC&rd=1&t=1
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About Tesla

My name is Lori but most people know me as Tesla. I play video games, cast them and host tournaments/events. Want to know more about me? Then just ask ^^. http://www.bladeradio.com
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