• I’ll Be Speaking at Yale February 7; Free and Open to the Public

    February 4, 2017 // 77 Comments »




    Please come join me for a bit of speaking and discussion at Yale University on February 7. The event is free and open to the public.


    My speech is part of Yale’s Macmillan Center for Global Justice Program, and I’ll kick off this semester’s slate of speakers. The event will be held in the ground-floor seminar room at 230 Prospect Street beginning at 4:30 pm. No advance tickets or reservations needed.

    I’ll offer some thoughts on whistleblowing, my own case as well as those of Manning and Snowden, leading into wider reflections on Iraq, the First Amendment, and what options exist from inside government when one deeply disagrees with specific policies.

    Kinda timely stuff.

    There will be open discussion and plenty of time for questions. Those who oppose free speech are also welcome to come and punch me in the head.




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    Copyright © 2017. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

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    Posted in Embassy/State

    Body Blows Against the First Amendment

    April 11, 2015 // 11 Comments »

    continental congress


    Two recent cases show the contempt with which our government, at the federal and state levels, views the First Amendment.



    First Amendment Semi-Win After Military Police Harass, Sexually Threaten Journalist

    A very basic tenet of our democracy is that a free press exists to report to The People on the actions of their government, and that government is prohibited by the beautiful words of the First Amendment from interfering. In a small instance in Ohio, after the government had military police officers in the United States harass and confiscate the cameras of journalists, the journalists went to court and won back their rights.

    The U.S. government agreed to pay The Toledo Blade newspaper $18,000 for seizing the cameras of a photographer and deleting photographs taken outside the Lima Tank plant last year. In turn, The Blade agreed to dismiss the lawsuit it filed U.S. District Court on behalf of photographer Jetta Fraser and reporter Tyrel Linkhorn against Chuck Hagel, then Secretary of Defense and the military police officers involved in the March 28, 2014, incident.

    An attorney for The Blade said the settlement was made under the First Amendment Privacy Protection Act, which prohibits the government, in connection with the investigation of a criminal offense, from searching or seizing any work product materials possessed by a journalist. “The harassment and detention of The Blade’s reporter and photographer, the confiscation of their equipment, and the brazen destruction of lawful photographs cannot be justified by a claim of military authority or by the supposed imperatives of the national security state.”

    The government admits no wrongdoing, however, and just paid off the settlement.

    Here’s what happened. The reporter and photographer were in Lima to cover a news conference at another facility and had been tasked to take photos of area businesses for future use, including pictures of the tank plant, known as the Joint Systems Manufacturing Center.

    As the pair were leaving they were detained by three military police officers and questioned. Fraser showed the officers her Blade identification, but initially declined to provide her driver’s license as she was not driving. She was removed against her will from her vehicle and handcuffed for more than an hour.

    During the confrontation, the officers repeatedly referred to Ms. Fraser in the masculine gender. She objected and was told by one officer, “You say you are a female. I’m going to go under your bra.”

    The officers then confiscated two cameras, memory cards, a pocket-sized personal calendar, and a notebook in clear violation of the First Amendment.


    Philly Cop Arrests Man for Photographing Philly Cop Harassing Homeless Woman

    A college student arrested as he photographed a Philadelphia police officer harass a homeless woman in a public park was put into handcuffs and held for an hour. Federal jurors must now decide whether the cop had cause to cuff Coulter Loeb, 24, and charge him with disorderly conduct.

    The case, however, is about far more than a simple disorderly conduct rap. At issue is how the Philadelphia government sees the First and Fourth Amendments to the Constitution, and how it views people fulfilling their responsibilities as citizens to provide oversight to government employees performing their jobs. And it does not look good for all that in Philly.

    Things went south almost from the get-go, after the trial judge dismissed any connection between the arrest and the First Amendment.

    In a pretrial order that covered two similar cases, the judge ruled that the federal appeals court in Philadelphia had not “clearly established” a First Amendment right to photograph police as of 2011, when this incident occurred. “Whether the Third Circuit will eventually decide to follow what appears to be a growing trend in other circuits to recognize a First Amendment right to observe and record police activity is, of course, not for this court to decide, even if there are good policy reasons [to] adopt that change,” U.S. District William Yohn wrote. He therefore threw out Loeb’s free-speech claim, leaving a jury to weigh only the Fourth Amendment issues of false arrest and malicious prosecution.

    Moving on to how the city of Philadelphia views these issues, we turn to the city attorney working the case, who described arrestee Coulter Loeb, in front of his ACLU attorney, as “a meddlesome 24-year-old” with “very high-minded ideas about government” and the role of media. The Assistant City Solicitor told jurors that Loeb was interfering with police work by photographing police work in a public place.

    But what was in the mind of the arresting officer? “He [Loeb ]looked me up and down, and then took one step back. That to me was being a wise guy,” said the cop.

    Irony Alert: Yes, yes, it was in Philadelphia in 1787 that the Constitutional Convention was held. How far we have fallen.




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    Posted in Embassy/State

    Mid Coast Forum: Maine Rocks!

    February 13, 2012 // Comments Off on Mid Coast Forum: Maine Rocks!

    I recently had the great honor to speak before the Maine Mid Coast Forum on Foreign Relations. The group included not a few retired State Department and CIA officials, as well as many academics, business people and the like, all with considerable overseas and foreign policy experience.

    Previous forum speakers have included U.S. and foreign government officials, diplomats, representatives of international organizations, academicians, working journalists, exchange students, international businesspeople, and other foreign policy specialists. In addition, each spring since 1989 the Forum has played host to a dozen or so international Nieman Fellows and their families for a weekend of discussion and relaxation. Some of their previous speakers have included Juan Cole, Tom Ricks, Ira Glasser, Andrew Bacevich, Matthew Hoh– heady company to join.

    You can read a review of my book on the group’s site. My entire speech is online now, so please enjoy the discussion. Good, informed questions at the end which you don’t want to miss.



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    Posted in Embassy/State

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