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Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech - Martha Minow
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A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform.In Saving the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape
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Although it is important to critically assess the limitations of rights-discourses Martha Minow has pointed out that: “I worry about criticizing rights and legal language just when they have become available to people who had previously lacked access them. I worry about telling those who do not, ‘you do not need it, you should not want it’.”
—Suparna Bhaskaran, Made in India: Decolonizations, Queer Sexualities,Trans/ National Projects.
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Martha Minow Professor at Harvard Law School. \ “When Should Law Forgive?” (2019)
American Autocracy
The late innings of Donald Trump’s four-year campaign in the White House come to look stranger than the big-league baseball season—both of which are in the deep shadow of the pandemic (13 St. Louis Cardinals tested positive this week). It’s the president who has to answer for a thousand COVID deaths a week in midsummer U.S.; China has next to none. Another president might wilt at the breaking of his boom economy, or the prosecution coming from Manhattan on charges of bank and tax fraud in the Trump organization. But this man surges, Trump-style: he’s all for U.S. military shock troops to quell local protests that he’s provoked; he tweets his preference that the election ninety days away be cancelled.
What we know about our presidential race 90 days from the finish, perhaps all anyone knows, is that a wounded Donald Trump will not go quietly, if he goes at all, if he does not invoke emergency powers to cancel the election. The thought this hour was—and still is—to draw out the astute Russian-and-American diagnostician Masha Gessen, a resistance figure in two countries and author of a new book titled Surviving Autocracy. But then the plot thickened, particularly around the mayhem in Oregon after federal shock-troops had landed, over the objections of state governor, city mayor, and a militant wall of moms. A grave but lonely warning turned up in a New York Times guest-opinion piece. It was written by the sometime Colorado senator and presidential candidate Gary Hart, who joined this week’s conversation from his cabin a few mountains away from Denver.
LISTEN 49:58 READ MORE https://radioopensource.org/american-autocracy/#
Reading List Autocracy: Rules for Survival - Masha Gessen
How Powerful Is the President? -Gary Hart
Netflix's Fear City Hints at Trump's Mob Connections. The Real Story Goes Even Deeper. - Gabrielle Bruney
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How forgiveness can create a more just legal system | Martha Minow Source | YouTube | TED Pardons, commutations and bankruptcy laws are all tools of forgiveness within the US legal system.
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book reccccc im reading between vengeance and forgiveness by martha minow for my human rights class and it’s very interesting u can get it on libgen
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question tag ~
tagged by @fangirlonmain ･ﾟ✧ tyyyyy:) ♡♡
rules: answer 10 questions, tag 10 mutuals to answer 10 questions you write
for me to answer...
1. get me out of my reading slump, recommend a book you couldn't stop reading
ooooo this is hard... i’m a huge hoe for non-fiction or historical fiction tbh so i feel like my rec’s are really not going to appeal to anyone lmao... but in university i was assigned a chapter from a book called ‘Between Vengeance and Forgiveness’ (Martha Minow) at one point and liked it so much i read the rest of the book within a day. I haven’t consumed anything else like that yet this year
2. what's that random memory that always comes go your head for like no reason?
okay so this is a story lol, one time after a night out clubbing while i was studying abroad i fell asleep in a McDonald’s booth (dw i was with friends) but this salaryman sat down next to me b/c he had to take a phone call and he whispered to me that he was going to be super quiet and he’s sorry, and then whispered to me once he got off the call ‘おやすみなさい〜’ (Good night) and left me with french fries. it sounds so creepy but i didn’t feel ill intentions from him lol so i still will just randomly think about that
3. what's your favorite ice cream flavor/combination?
vanilla is probably my fave with cookie dough coming in second... i really like plain and bland tasting things best lol
4. what's that piece of clothing you find perfect for you?
black high waisted leggings tbh
5. is there a name you find really pretty? which one is it?
naomi! idk what it is... but i name all of my MC’s in harvest moon that name lol
6. what song would you pick to run through a field of flowers?
mmmm, field of flowers makes me think of a fleeting moment so maybe 猫 (neko) - DISH//
7. if you could jump over a bed with someone, anyone who would it be?
i’m not sure why but howl is the first ‘person’ to come to mind
8. tell me a random fact of knowledge you have
*suddenly forgets everything* hmm a favorite interesting bit of knowledge is mine is that banana’s were actually modified and taste different compared to the original, but banana flavored stuff still has that og flavor to it so that’s why the two are different despite being both banana shoutout to ap human geography
9. what's would your superhero/supervillain name be?
aah i’m so bad with names... let me paint you an image instead... b/c i dislike attention i’m probably going to be more believed as a myth than an actual superhero, i like helping people but on the low
10. what's your aesthetic in 5 words or less
low key vibing, always trying *peace signs*
okay now what i will ask...
are you a warm food/drink or a cold food/drink person?
do you make really big playlists that have everything in them or are you more of a playlist for every mood type of person?
favorite accessory?
if you could pick any show/game/book setting to go to, which would you pick & why?
what’s one of your favorite places you’ve visited & why? (or want to)
are you the type of person that’s going to take any uquiz you see come up on your dash or pass on by?
do you have stickers on your laptop? if so what’s the aesthetic~?
recently discovered song that you’re really enjoying?
what’s something that someone has told you that makes you really happy thinking about?
are you the type to make a list when you go shopping? and will you actually stick to it?
& i’ll tag some people but no pressure if you don’t want to/did it for someone else already:) @emhpathy @mirco-hell @lynnbyun @weishenxi @ckyunoirs
(✿ ♥‿♥)
#i loved your questions ty for tagging me:)#im sorry if my questions are whack i just went with what came to mind lol#me
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Forgiveness methods like bankruptcy would be available not only for the for-profit college that goes belly-up, but also for the students stuck with the loans; pardons would not be given to campaign contributors; and black men would no longer have 20% longer criminal sentences than do white men, due to how judges exercise discretion.
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Tweet from Sam Feldman 🌹 (@srfeld)
Sam Feldman 🌹 (@srfeld) Tweeted:
Great piece by @SarahLustbader in @nybooks reviewing Martha Minow’s “When Should Law Forgive?” Our retribution-focused criminal legal system allows little room for forgiveness. What would it mean to center forgiveness? https://t.co/ddo0DPq9Y0 https://twitter.com/srfeld/status/1456997898864975873?s=20
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The Growing Problem of the United States’ Inability to Provide Legal Aid to the Poor
By Lara Gonzalez, Providence College Class of 2024
September 29, 2021
A fundamental liberty provided in the Constitution by the sixth amendment is “to have the assistance of counsel for his defence”. [1] The sixth amendment asserts that all Americans have a right to an attorney in court, and those who are unable to afford attorneys will still be provided with one. However, in practice, this is not being carried out. Because not everyone who is unable to afford legal aid is not provided with such, “we violate the ‘equal justice under law’ motto engraved on the front of the grand United States Supreme Court”. [3]
While the government tries to assist in providing aid through programs such as the Legal Services Corporation, it usually falls quite short of its goals. The LSC’s most recent survey of the justice gap was in 2017, which bleakly finds that 71% of low-income households had legal issues within the past year, and 86% of those issues were left neglected. This happens only in civil cases, where there is no Constitutional parallel to provide legal counsel like those for criminal cases. [4] In fact, the National Center for State Courts estimates that in almost 75% of civil cases in state courts, one or both parties go unrepresented. [5]
However, the inaccessibility to justice has not always been such a problem. In the 1970s, a movement against poverty started, and the Legal Services Corporation emerged from it. “The LSC has “250 locally operated programs in forty-eight states” that had ‘set up 850 Neighbor- hood Law Offices’ and hired ‘more than 1,800 full-time attorneys.’ There were ‘almost as many lawyers’ in Legal Services projects then were in the Department of Justice and law firms in the nation”. [6] In the 1980s, the LSC reached its peak with 1,450 offices. Once Reagan was elected however, he attempted to shut them down. The LSC fought back and eventually was not absolved but given a 25% budget decrease. In 2021, there are now 130 legal aid offices funded by the Legal Services Corporation. The peak of LSC funding was in 1979, and the budget, being adjusted for inflation compared to 2021, is now at a 55% decrease. [7] This decrease in aid is concerning because of how significantly it contrasts the rise in population and poverty since the 1980s. The amount of people that qualify for aid has about doubled to 21% compared to when the LSC was established. [3]
[7]
Especially during Covid-19, inaccessibility of legal aid is a particularly pressing issue. Millions of Americans are facing legal crises such as debt, unemployment benefits, and medical insurance matters. A looming threat is upcoming evictions. The Supreme Court currently has a ban on pandemic evictions, but 25% of adult renters are unable to pay their rent, and eventually they are going to have to pay up. However, a great injustice is being faced because 90% of landlords have adequate representation, while only 10% of tenants do. [4] How are tenants who are behind on rent expected to pay for legal counseling? And even if they qualify for aid, will they actually be provided it?
Martha Minow, the vice chair of the Legal Services Corporation, admits that in her own state of Massachusetts, 1 million people qualify for free aid, but her organization had to turn down 64% of those people due to underfunding and understaffing. [3] How can a government simply deny people a basic American right and necessity because of budget constraints? Minow noted that adding to the budget helps both sides, because “every dollar spent on legal assistance for low-income individuals returns between $2 and $5 to the Commonwealth in savings to foster care, emergency housing, emergency health care, other social services, and economic growth”. [3]
In the famous Supreme Court case Gideon v. Wainwright, “it was concluded that without the opportunity to receive legal counseling, a defendant could not be guaranteed a fair trial”. [10] The American government, however, ignores this, by spending less than 1% of its budget on legal representatives, which is approximately a tenth of what needs to be invested in legal aid. [9] The United States could be doing much more to provide solutions for this issue. As a start, there could be more funding, innovations in legal technology, and help from law schools. The rights of vulnerable American people are being denied if this continues to go on. The United States is going against its fundamental beliefs outlined in the Constitution to provide equal protection under the law, because as Thomas Jefferson once said, “the minority possess their equal rights, which equal law must protect, and to violate would be oppression.” [10]
______________________________________________________________
[1] “The 6th Amendment of the U.S. Constitution.” National Constitution Center – The 6th Amendment of the U.S. Constitution, https://constitutioncenter.org/interactive-constitution/amendment/amendment-vi.
[2] Wills, Leonard. “Access to Justice: Mitigating the Justice Gap.” Americanbar.org, https://www.americanbar.org/groups/litigation/committees/minority-trial-lawyer/practice/2017/access-to-justice-mitigating-justice-gap/.
[3] Minow, Martha. “We Must Ensure Everyone Has Access to Equal Justice - The Boston Globe.” BostonGlobe.com, The Boston Globe, 23 Oct. 2014, https://www.bostonglobe.com/opinion/2014/10/23/must-ensure-everyone-has-access-equal-justice/pZxzjjHhR0GI89o0lZTnhP/story.html.
[4] Levi , John G, and David M Rubenstein. “Introduction.” AMA, Daedulus, https://www.amacad.org/sites/default/files/publication/downloads/19_Winter_Daedalus_Introduction.pdf.
[5] Robert Grey Jr., “There is No Justice as Long as Millions Lack Meaningful Access to It,” ABA Journal, August 30, 2018, http://www.abajournal.com/news/article/there_is_no_ justice_as_long_as_millions_lack_meaningful_access_to_it.
[6] Caplan, Lincoln. “The Invisible Justice Problem.” AMA, Daedulus, https://www.amacad.org/sites/default/files/publication/downloads/19_Winter_Daedalus_Caplan.pdf.
[7] Reich, David. “Additional Funding Needed for Legal Service Corporation.” Center on Budget and Policy Priorities, 1 Feb. 2021, https://www.cbpp.org/blog/additional-funding-needed-for-legal-service-corporation.
[8] LG. “Lack of Access to Justice .” Learning Outcome Assessment, https://www.learningoutcomesassessment.org/wp-content/uploads/2018/12/2Featured-Justice-Student2-Lack-of-Access-to-Justice.pdf.
[9] Rhode, Deborah L. “Access to Justice: A Roadmap for Reform .” Fordham Urban Law Journal, Mar. 2016, https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2544&context=ulj.
[10] Horsman, Alex. “Founding Fathers Quotes on Justice and Equal Treatment under the Law.” Ammo.com, https://ammo.com/articles/founding-fathers-quotes-justice-equality-equal-treatment-under-the-law.
[11] “ACLU Unequal Justice.” Omaha World-Herald, 13 Dec. 2016, https://omaha.com/aclu-unequal-justice/pdf_7dcc8c92-c0cf-11e6-8bbe-e7f37b28621a.html.
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hey i saw your rb on the pledge of allegiance post and so you know it's against your constitutional rights for your school to do that for not doing the pledge of allegiance they could get in serious legal trouble for that and the reason you put in quotes is def not how it works at all if they told you that!!
Very good thing to point out, you’re not entirely correct, but I’m glad you brought that up because I wanted to talk about a much bigger problem. Here’s the post the anon is talking about, for anyone reading this: [x] (my statement was a generalization about the american experience, because even though I didn’t have it happen to me, LOTS of people have.)
It is how it works in some states, though. I know it’s not all states. Fortunately I was lucky enough to live in Missouri, and protested by not doing the pledge, and didn’t really get hounded by anybody, but there is legal grounds for barring students from not doing the pledge. Most lawmakers, when promoting this patriotic malarky, have the mindset of “If WE are paying for their education, THEY should be legally required to show respect every morning.”
And, although it would be a weird rule, private schools can ALSO do this if they want. When signing up for any private school, they may sneak in “If they want to attend this school, they MUST do the pledge of allegiance.’ into the contract. Or, alternatively, if they wanted to be weird about it, they could say “every morning you have to personally thank the founder for this wonderful opportunity you’re being given access to.”
But, we know federal law trumps state law, and the federal law states that you cannot be forced to.
Here’s the problem with that:
That is working under the assumption that the school will follow the law.
It’s much like how, legally, you are allowed to film any public space you want. But, country hicks being country hicks, if you were to film the, for example, a cps worker who is visiting your house, a cop, or the cps office when you go to pick something up from them, regardless of whether or not they CAN legally stop you, they will do so illegally, and not get in trouble. The law for whether or not you can film in a public space, no matter where you are, or film a government worker, no matter where you are, is always: yes, you can. However, as the lawyer explains in this video, they WILL take you to court, and you WILL have to pay a lot of legal fees for something that is COMPLETELY legal. Even if they lose the case, it is not illegal to force you to go to court and spend a bunch of money on a lawyer as a punishment.
Why is this important?
Because you can get kicked out of your school whether it’s legal or not.
Teachers can hound you and force you to do the pledge, whether it is legal or not. The school can take you to court, whether what they are doing is legal or not.
You see, people in the middle and lower class can’t afford to defend their rights as an individual, which is what suing is. If you sue someone for infringing on your rights, or for causing you pain, you are defending yourself.
But suing people costs money. Hell, even the word “sue” is something that pretty much only rich people use. Poor people can’t afford to defend their rights. So the problem with your statement, anon, is this scenario:
You refuse to stand for the pledge. The teacher sends you to the office. You argue with the principal, saying that you are legally allowed. You get sent home for the day regardless. The next day, the same thing happens. You can’t sue them, you don’t have lawyer relatives, you don’t have enough money to hire a lawyer. You cannot defend your right to not stand for the pledge. You are forced to do the pledge, or go home, because you are poor.
Sounds great on paper, but unfortunately, this is actually the case for a lot of people.
Examples:
[x] “ So why not sue? Because taking a case to court can be very expensive, and if you don’t win, you’re out a bundle. “ In other words, even if someone did something illegal to you, you can’t punish them without losing money.
[x] There’s a paywall for this, but here’s the hacked version: [x]
“Oasis Legal Finance LLC makes money legally, though less than honorably, at least according to corporate insurers. The Northbrook company provides what is known as lawsuit funding and says it accounts for as many as four of 10 loans made to personal injury plaintiffs. Despite rates that would be usury in other instances, however, business doesn't look as promising as it has been. This month a new Tennessee law forced Oasis out of the state, just one of many considering restricting if not halting a practice that insurers say spurs more lawsuits, larger settlements and ultimately higher premiums for policyholders.”
Although this loan company is scummy, it’s really the only resource for some poor people that can’t afford to sue insurance companies for not paying for injuries, which insurance companies do, often. People who want to actually be able to use their insurance sue the insurance companies with the money from the loan. This is why insurance agencies are against this practice, because it enables people who have been ripped off to, you know, actually get the money for injuries that they got, and it makes insurance agencies afraid of punishment for not paying for medial/car/house claims, like they should.
[x] Hacked article: [x] “The overused word ‘crisis’ actually applies here,” said Harvard Law School’s dean, Martha Minow, a member of the task force. “When you have people who are literally not represented in actions where they can lose their homes or face physical violence, where they can’t get legal remedies to which they’re entitled, there’s a failure to live up to the rule of law.”
[x] Not the best source because its technically an advertisement, but:
“ An unfortunate accident took the life of a woman and her recent high school graduate as they were driving home after a day of college dorm shopping. The driver of a GM Yukon crossed the center lane and slammed head-on into the woman’s Honda Accord. According to witnesses, the Yukon driver was speeding and weaving in and out of traffic when the accident occurred. He was charged with causing an accident involving death, while driving with a suspended or revoked license. Although the accident is still under investigation, police believe alcohol played a role.
The husband, and father, of the deceased victims filed a wrongful death lawsuit. Despite the case appearing “cut-and-dried,” it could be a long and complicated litigation process. The time between filing the lawsuit and reaching a settlement may be financially stressful. “
Yeah so basically when dealing with an entity like a school or business, or an insurance agency, ect, You have to sue for infringement on your rights, injury, or breaking of a legal agreement. Which costs money.
Meaning: people can do illegal things to you if you’re poor enough.
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NPR News: Martha Minow: How Can Restorative Justice Create A More Equitable Legal System?
Martha Minow: How Can Restorative Justice Create A More Equitable Legal System?
Our justice system is flawed and inequitable, says Harvard law professor Martha Minow. She calls for a reset to emphasize accountability, apology, and service, rather than punitive punishment.
Read more on NPR
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Martha Minow: How Can Restorative Justice Create A More Equitable Legal System?
Our justice system is flawed and inequitable, says Harvard law professor Martha Minow. She calls for a reset to emphasize accountability, apology, and service, rather than punitive punishment.
(Image credit: TED)
from Law : NPR https://ift.tt/2Wmi2Rh via Hampton Car Accident Lawyer
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