The Illusion of Freedom – Part 3/4

May 9, 2012

For another example of restrictions of freedom of speech in the United States, in times of war there may be reasons to restrict US First Amendment rights because of conflicts with national security.

We also do not have a constitutional right to tell lies that damage or defame the reputation of a person or organization and obscene materials do not enjoy First Amendment protection.

In addition, distribution of information should not impede the flow of traffic or create excessive noise levels at certain times and in certain places, and the Supreme Court expressed that public school administrators ought to have the discretion to punish student speech that violates school rules and has the tendency to interfere with legitimate educational and disciplinary objectives.

In Hazelwood, the Court relied heavily on Bethel to uphold the right of school administrators to censor materials in a student-edited school paper that concerned sensitive subjects such as student pregnancy, or that could be considered an invasion of privacy…

Public schools can limit speech based on a reasonable expectation that it will cause a material and substantial disruption of school activities or invade the rights of others and prohibit obscene or vulgar language.

Schools can also limit speech if it’s in the form of a threat. Not just any expression is a threat, though. Threats must be perceived as a threat by others; be clear and convincing, causing others to believe it will be carried out and cause other students to fear for their safety.

 
HBO Documentary of Freedom of Speech in five parts – Part 3

How about the private sector workplace?

The Chicago Tribune reported that freedom of speech at work is not protected by the Bill of Rights and the U.S. Constitution, and reported, “You may be shocked to learn that a constitutionally protected freedom of speech for government workers doesn’t extend into the private-sector workplace.

“‘A private-sector employer has a lot of latitude as to what’s permitted or not with respect to political speech, or pushing any view for that matter,’ advises Brian Finucane, an attorney at Fisher & Phillips in Kansas City.”

Federal free speech protections apply only to the government. The First Amendment to the U.S. Constitution, for example, does not regulate private employers. However, it does come into play with respect to government employers.

Employers also may demand loyalty at the workplace. For example, an employee cannot avoid discipline in the name of free speech by being rude to customers, or by denigrating the employer’s business to customers while working.

Although the First Amendment is supposed to protect the right to speak freely without government interference and that people have the right to publish their own newspapers, newsletters, magazines, etc., one of the most glaring violations of this so-called right was called McCarthyism.

What do you consider freedom and does it really exist?

Continued on May 10, 2012 in The Illusion of Freedom – Part 4 or return to The Illusion of Freedom – Part 2

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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Posted by Lloyd Lofthouse

The Illusion of Freedom – Part 2/4

May 8, 2012

Years ago, I was having dinner in a restaurant in Westwood, California and witnessed a grimy homeless person across the street rummaging in a trash can. He found a Styrofoam container full of food and was so happy to have something to eat that he found a shady spot under a tree and rolled around on some cool grass before he started eating the found food. Freedom to him may have been having no job, not paying taxes, and not having to worry about a mortgage or rent. I’ve met homeless people that claim this is the reason they stay homeless—for the abstract sense of freedom it brings.

The last element that led me to write this series of posts was an e-mail a friend sent with a link to Carolina Journal Online.com, which reported that “State Threatens to Shut Down Nutrition Blogger.”

It seems that Steve Cooksey, an American citizen, took advantage of what he believed were his freedom of speech rights in North Carolina and blogged about beating diabetes through diet and exercise.

However, now he may face up to 120 days in jail, because in North Carolina, it is a misdemeanor to “practice dietetics or nutrition” without a license. According to the law, “practicing” nutrition includes “assessing the nutritional needs of individuals and groups” and “providing nutrition counseling,” which it seems Cooksey may have done with his Blog.

In addition, it is illegal to use the word “cure” in the United States unless the F.D.A. gives you permission.


HBO Documentary of Freedom of Speech in five parts – Part 2

“Just talking about curing an illness is literally a criminal offense, because only the F.D.A. can grant permission to use the word ‘cure’, since this word supposedly constitutes making a “medical claim”, and F.D.A. contends that anything producing a positive health effect is automatically a (“unapproved”) drug, under their regulation. This is not a hypothetical risk either. There are doctors and laymen in prison now for curing diseases.” Source: The Health Wyze Report

Freedom Forum.org asks and the answers, Does the (US) First Amendment mean anyone can say anything at any time and the answer is “NO” because the US Supreme Court rejected an interpretation of speech without limits.

Over the years, the courts decided that a few other public interests—for example, national security, justice or personal safety—override freedom of speech.

In fact, the US First Amendment does not protect statements that are uttered to provoke violence or incite illegal action, and jurisdictions may write statutes to punish verbal acts if the statutes are “carefully drawn so as not unduly to impair liberty of expression”.

If the US can restrict freedom of speech in the national interest, why can’t China? When China locks up someone, such as Chen Guangcheng, a blind Chinese Activist, China’s government may feel that what he is saying publicly might provoke violence or incite illegal actions.

To learn more about Chen Guangcheng and the alleged accusations made against China in his case, see NPR’s Blind Chinese Activist Reported Under U.S. Protection.

What do you consider freedom and does it really exist?

Continued on May 9, 2012 in  The Illusion of Freedom – Part 3 or return to Part 1

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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3 Comments | America, American culture, China, Chinese Culture, Communism, cultural differences, democracy, legal system, media, politics | Tagged: , , , , , , , , , | Permalink
Posted by Lloyd Lofthouse

The Illusion of Freedom – Part 1/4

May 7, 2012

Three things happened leading to this series of posts examining what freedom means to different people.

First, I was reading Return to Cambodia” in the February 2012 issue of “Travel + Leisure” magazine. One paragraph gave me cause for thought.  Thomas Beller, a free lance journalist, said, “Phnom Penh, once a lawless haven for adventurers, layabouts, and hedonists of all stripes for whom freedom was just another word for no real law enforcement is now praised in similar terms but for different reasons by a new class of small-business owners who see the place as an opportunity.”

Beller returned to Cambodia recently after a 19 year absence and says that the country experienced an average of nearly 10% annual growth until 2009 leading to an improved economic environment due to Hun Sen, “the despotic prime minister”.  It’s worth reading the “Travel + Leisure” piece to see how a “despotic” leader improved the quality of life for millions of his people.

In case you do not know, “despotic” means: a ruler with absolute power; a person who wields power oppressively; a tyrant.

Just how important is “freedom of speech” anyway, which may be the reason Hun Sen is considered a despotic leader — “The United Nations Special Rapporteur for Human Rights in Cambodia Surya Subedi wrapped up his fifth visit to Cambodia on Friday expressing concern about the lack of progress on land rights and freedom of speech in the country.” Source: Voice of America


HBO Documentary of Freedom of Speech in five parts – Part 1

 Yet, according to Beller’s report, the quality of life in Cambodia has improved dramatically in the last nineteen years. Maybe this improvement came about because of restrictions on freedom of speech that might stir up the emotions of the population/mob, which might lead to unrest, an economic downturn and suffering such as starvation and death.

Of course, to many that don’t spend much time thinking about it, it is more important to have freedom of speech and freedom to join any religion/cult one wants to join than starving or living in fear of criminals that take advantage of cultures that allow too much freedom that may lead to anarchy and chaos.

Next, a comment appeared in this site from Jo Ann—she said, “I admire this person wanting to see the world but I am an American and I believe in this country more than a country that doesn’t allow too many freedoms.”

If you think about it, there are only two freedoms that are restricted in China that may lead to jail time: one is freedom of public political speech/expression criticizing China’s government and the restrictions of religious choice. Other than that, the Chinese, if they have the money, may enjoy life as much as any American—maybe even more so.

Then a friend sent me an e-mail with a link to Carolina Journal Online.com, which reported that “State Threatens to Shut Down Nutrition Blogger.”

In this series of posts, I’m going to focus on freedom of expression/speech.  Later, I’ll touch base about the freedom of religion.

What do you consider freedom and does it really exist?

Continued on May 8, 2012  in The Illusion of Freedom – Part 2

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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Posted by Lloyd Lofthouse

Are China’s Dissidents in Danger?

May 6, 2012

This week much of the Western media has been busy touting fears for the safety and future of China’s blind dissident Chen Guangcheng.

A Reuters report by Andrew Quinn and Chris Buckley fulfilled the China bashing and fear mongering of the week by reporting in the lead paragraph that Cheng “feared for his life just hours after leaving the U.S. Embassy under a deal that Washington had hoped would defuse the crises with Beijing.”

However, what are the odds that Chen should fear for his life for protesting China’s urban one-child rule and abortion policies?

To find out what might really happen to Chen and other dissidents in China, let’s examine what happened with a few high profile cases in the past and ignore the alleged language designed to paint China’s leaders/government in an evil light.

According to the record, none of China’s dissidents since 1976 have been executed and only one is serving a life sentence. In fact, if Chen ends up in the US, that is not uncommon.

For Example:

1. In 1989, Tan Baiqiao was arrested for spreading counterrevolutionary propaganda; inciting counterrevolutionary activities; defection to the enemy, and treason— but due to international pressure, Tan was released and reached the U.S. in 1992.

2. In 2002, Cai Lujun, a businessman and writer was arrested for “incitement to subversion and eventually sought political asylum in Taiwan in 2007.

3. In 1995, Wang Dan was sentenced to 11 years in prison but was released on medical parole to the US in 1998 and is currently living in Taiwan.

4. In 1998, Wang Youcai was sentenced to 11 years in prison for subversion but was released and exiled to the United States in 2004.

5. In 1979, Wei Jingsheng an electrician was arrested and sentenced to 15 years in prison for passing military secretes.  He was released from prison for medical reasons and deported to the US in 1997.

In fact, there are laws in most countries that support what China does with its political dissidents.

For example, in the United States Code, 18 U.S.C. & 2385, “Advocating overthrow of Government by force or violence”:

“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

“Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

“Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

“Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.”

In addition, on May 4, 2012, the New York Times got it right with this headline, For China, a Dissident in Exile Is One Less Headache Back Home

The NY Times says, “Based on past experience, China is often all too pleased to see its most nettlesome dissidents go into exile, where they almost invariably lose their ability to grab headlines in the West and to command widespread sympathy both in China and abroad.”

In fact, if you read the US law carefully, it may be illegal in America to advocate the overthrow of another country’s government—just read the first paragraph in bold print above.

Moreover, fifty-two countries are led by authoritarian governments ruling over more than a third of humanity, so if you have to live under an authoritarian government, which kind is best?  After all, everyone cannot live in Hong Kong, which is considered the freest economy in the world.  Hong Kong (part of China) is followed by Singapore, Ireland, Australia, New Zealand and Switzerland. The U.S. ranks tenth of more than 150 nations.  China is ranked 138. Sources: The Freest Nations on Earth and Heritage.org

In addition, according to Foreign Policy magazine, Joshua E. Keating, “found that single-party states—think China and Vietnam—are the most responsive to citizens’ demands, providing a higher quality of governance… the Chinese Communist Party has not lasted through the use of force alone, but also by making popular investments in China’s infrastructure and social services,” which has reduced poverty from more than 80% in 1949 to less than 13% today and increased the average lifespan from 35 years of age in 1949 to more than 75 today.

Recommended — A Snapshot of Democracy in Asia

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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Comparing Economy Management – China versus the United States

April 28, 2012

Over at CNN World, Stephen S. Roach wrote a post about America’s renminbi fixation.  Many of the comments that responded to the post were obviously from Internet Trolls that lack the skills for an intellectually reasoned response. Instead, the trolls resort to logical fallacies to divert attention away from Roach’s message (I left a comment and a few replies too).

While many in the West have predicted for about three decades that China is going to have a hard landing after an economic bubble of some sort bursts, it hasn’t happened yet.

I Reblogged Roach’s piece and you may reach it by scrolling down or clicking on this iLook China link.

To research this post I Googled “financial crisis in China since 1980” and found no results that answered what I was looking for.

However, I found this at Princeton.edu, which said, “It is now just over twenty years after China initiated its economic reform in 1978. Since then the average rate of growth of GDP has been a phenomenal 9.5 percent per year. This essay reviews the reform process, discusses the impact of the current Asian financial crisis and attempts to assess the prospects of China’s economy in the future…

“In summary China’s reform process has been an experimental and gradual process. It was to be continued before the Asian financial crisis (1997). State-enterprise reform, financial reform and the opening of the Chinese economy have all been affected by the crisis, but there is no question that as soon as conditions allow the reform process will continue, incorporating the lessons learned from the crisis…

“In conclusion, economic reforms in China are likely to continue in the manner and directions as described above. Because of the strong fundamentals of China’s economy as demonstrated by its good performance during the financial crisis substantial growth will continue perhaps for another decade after the current crisis.”

In addition, in an April 2008 economic study from Harvard, we discover, This Time is Different: A Panoramic View of Eight Centuries of Financial Crises.

The Harvard study said, “As the first paper employing this data, our aim is to illustrate some of the broad insights that can be gleaned from such a sweeping historical database.  We find that serial default is a nearly universal phenomenon as countries struggle to transform themselves from emerging markets to advanced economies.  Major default episodes are typically spaced some years (or decades) apart, creating an illusion that “this time is different” among policymakers and investors.  A recent example of the “this time is different” syndrome is the false belief that domestic debt is a novel feature of the modern financial landscape.  We also confirm that crises frequently emanate from the financial centers with transmission through interest rate shocks and commodity price collapses…

“The ability of governments and investors to delude themselves, giving rise to periodic bouts of euphoria that usually end in tears, seems to have remained a constant.”

Since not much time has passed since China’s economic reforms in 1978, we will look at the United States for examples.

The current total US deficit (national debt) as of today is more than $15.5 trillion and the average credit card debt per household based on 609.8 million credit cards held by US consumers is almost $16,000.

However, “Chinese households save a large share of their disposable incomes and their average saving rate has increased over the last decade and a half. This pattern is particularly pronounced for urban households, which account for about two-thirds of national income. After remaining relatively flat during the early 1990s, the average saving rate of urban households relative to their disposable incomes rose from 18% in 1995 to nearly 29% in 2009.”

In addition, if we study “Panics, Depressions and Economic Crisis Prior to 1930 in the United States”, we discover that “Those most disastrous have usually followed general injudicious speculation in lands or inflated securities. The crisis of 1816-1819 in the United States, it is claimed was due to the speculation and disorder following the War of 1812. The next occurred in 1825. A very memorable panic was that of 1837.” Source: The History Box.com

Akorra.com lists the Top 10 Worst Financial Crisis in U.S. History starting with the Crash of 1929/Great Depression; our current and continuing Mortgage Crisis of 2007; the Panic of 1893; The Banker’s Panic of 1907; the Panic of 1873; the Panic of 1819; the 2001-2002 Recession (known as the dotcom bubble that wiped out $5 trillion in market value of technology companies);  the Kennedy Slide in 1962 which caused a 22.5% drop in the S&P 500; the Panic of 1837, and The Oil Crises of 1973.

In addition, there have also been recessions in 1937, which followed the Great Depression (1929 – 1933); 1945, 1949, 1953, 1958, 1960-61, 1969-70, and 1973-75.

As for China, the predictions of an economic crises/crash keep coming as if they were being manufactured on an assembly line — but one hasn’t arrived yet and it has been 34 years since China’s 1978 economic reforms, while for the same period in the US there have been several economic recessions running from January – July 1980; July 1981 – November 1982; July 1990 – 1991; March -November 2001, and December 2007 – June 2009.

When an economic crises does appear in China (the odds favor that it will), it may be part of a global universal phenomenon as the Princeton and Harvard studies reveal, so it is a good bet that sooner or later China’s economic critics will be able to step up on their soap boxes and crow, “I told you so (a hundred times over the last several decades that it would happen one day)!”

I suggest watching the two videos with this post to learn about manufactured financial panics in the United States, which leads to a question: Is the American fixation on China’s currency manufactured too?

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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