Suffocating Freedom: Gag order on Major Corrpution case

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Suffocating Freedom: Gag order on Major Corrpution case

Post by veya_victaous on Wed Jul 30, 2014 2:40 am

WIKILEAKS co-founder Julian Assange has accused the federal government of “blindfolding the Australian public” over what it calls an “unprecedented” case of censorship.

The whistleblower website has published an explosive Victorian Supreme Court suppression order, concerning a corruption case that involves former and current leaders of Asian nations.

“With this order, the worst in living memory, the Australian government is not just gagging the Australian press, it is blindfolding the Australian public,” Mr Assange said in a statement.

“This is not simply a question of the Australian Government failing to give this international corruption case the public scrutiny it is due. Foreign Minister Julie Bishop must explain why she is threatening every Australian with imprisonment in an attempt to cover up an embarrassing corruption scandal involving the Australian Government.

The gag order justifies suppressing the information on the grounds that it would prevent damage to Australia’s international relations and that it may damage the reputations of the other individuals who are not the subject of charges in the case.

It also says the information may put national security at risk.

“The concept of ‘national security’ is not meant to serve as a blanket phrase to cover up serious corruption allegations involving government officials, in Australia or elsewhere. It is in the public interest for the press to be able to report on this case, which concerns the subsidiaries of the Australian central bank. Who is brokering our deals, and how are we brokering them as a nation? Corruption investigations and secret gag orders for ‘national security’ reasons are strange bedfellows. It is ironic that it took Tony Abbott to bring the worst of ‘Asian values’ to Australia.”

http://www.news.com.au/technology/online/wikileaks-publishes-court-suppression-order-over-what-julian-assange-calls-unprecedented-case-of-censorship/story-fnjwnfzw-1227006957109

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Re: Suffocating Freedom: Gag order on Major Corrpution case

Post by Lone Wolf on Sat Aug 02, 2014 7:16 pm

Surprised 

IN ANOTHER case of our governments attempting to gag the public from either exposing or receiving information that should be of wider importance for the general public to have the right to know about :

A COUPLE of weeks go it was leaked that the NSW guvm'nt is preparing to enact anti-whistleblower/anti-exposé 'pro-gag' legislation - similar to that already in place in several of the more redneck and anti-democracy states in the USA - that would allow them to jail anybody who may reveal certain "confidential" or hidden information about a business's operations, that may be considered 'detrimental' or contrary to that business conducting those operations...

THIS corporate-fascist agenda is predominantly aimed at protecting rogue farming enterprises from having their animal cruelty (and/or illegal pesticide, hormone or GMO usage), activities made public !

IT COULD go further in the future, though, if it's eventually enacted : what would stop a company with the "right" political connections asking to have the same legislation used to hide any pollution, health risks or environmental damages due to their products ?    cyclops

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Re: Suffocating Freedom: Gag order on Major Corrpution case

Post by Original Quill on Sat Aug 02, 2014 10:00 pm

No states can enact such in the US.

Prior-restraint...big, big no-no under the First Amendment.

Wiki wrote:Prior restraint is often considered a particularly oppressive form of censorship in Anglo-American jurisprudence because it prevents the restricted material from being heard or distributed at all. Other forms of restrictions on expres​sion(such as actions for libel or criminal libel, slander, defamation, and contempt of court) implement criminal or civil sanctions only after the offending material has been published. While such sanctions might lead to a chilling effect, legal commentators argue that at least such actions do not directly impoverish the marketplace of ideas. Prior restraint, on the other hand, takes an idea or material completely out of the marketplace. Thus it is often considered to be the most extreme form of censorship. The United States Supreme Court expressed this view in Nebraska Press Assn. v. Stuart by noting:

Nebraska Press Assn. v. Stuart wrote:The thread running through all these cases is that prior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights. A criminal penalty or a judgment in a defamation case is subject to the whole panoply of protections afforded by deferring the impact of the judgment until all avenues of appellate review have been exhausted. Only after judgment has become final, correct or otherwise, does the law's sanction become fully operative.

A prior restraint, by contrast and by definition, has an immediate and irreversible sanction. If it can be said that a threat of criminal or civil sanctions after publication 'chills' speech, prior restraint 'freezes' it at least for the time.

Also, most of the early struggles for freedom of the press were against forms of prior restraint. Thus prior restraint came to be looked upon with a particular horror, and Anglo-American courts became particularly unwilling to approve it, when they might approve other forms of press restriction.

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Re: Suffocating Freedom: Gag order on Major Corrpution case

Post by Lone Wolf on Sun Aug 03, 2014 9:47 am

Cool

THAT didn't stop half a dozen American states, starting with Florida, putting up such legislation last year, though (specifically aimed at animal rights activists and 'greenies', in that case..). As we've seen before, the unconstitutionality of such laws hasn't stopped some of those states 'trying it on' in such areas as disenfranchising voters; or playing around with gun and homicide laws..

EVEN IF the law is eventually quashed due to those Constitutional factors listed there...   scratch 

IF certain states down here do enact such legislation (NSW is already looking at it; If they do it, expect Vic. and Qld won't be that far behind..), you could expect that the Civil Rights and Law Reform groups will be fighting them under similar constitutional grounds, and th right of the public to know certain facts..

SO there's a good chance that such cases could be tied up in courts here for years. IF not struck down first, under some Federal civil rights or human rights legislation (human and personal 'rights' which still aren't entrenched in the Oz constitution, as yet..).  Smile 

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Re: Suffocating Freedom: Gag order on Major Corrpution case

Post by Original Quill on Sun Aug 03, 2014 7:04 pm

But either those laws weren't successful, or they have yet to be challenged.

We are presently seeing a lot of legislative activity on the part of conservatives because they are encouraged by a hyper-conservative Supreme Court.  However, notice that court is only weighted 5-4.  And it looks like Democrats will have a liberal government for the next ten years (to 2024).  A change of one person on the Supreme Court and the voting balance will change to the extreme opposite.

Ginsburg is the oldest justice, at 79-years of age.  She is a liberal, but Antonin Scalia and Anthony Kennedy are both 76-years old and conservative.  With a Democratic president promised over the next ten years, we will be assured of a turn-over on the Supreme Court soon.

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Re: Suffocating Freedom: Gag order on Major Corrpution case

Post by Original Quill on Sun Aug 03, 2014 8:09 pm

But the other thing is, Bee, the Senate must confirm any appointment. And any Republican can filibuster the vote. Most likely the Democrats will have to invoke the cloture rule...but it requires a 66 2/3% majority. Thus, this up-coming election is crucial.

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