Law School statement on free speech

Free speech has been topical issue in New Zealand, with controversies at Massey and Auckland universities in past months. lso internationally.

From a statement on free speech from the Dean of the Notre Dame Law School in Indiana, USA ahead of a speaking engagement by William Barr, Attorney General of the United States:

Freedom of speech matters. As Frederick Douglass once said, “To suppress free speech is a double wrong. It violates rights of the hearer as well as those of the speaker”.

Just as speakers are free to speech, protesters are free to protest. They must do so in a place and manner that respects the rights of speakers to speak and listeners to listen…

Notre Dame Law School will neither endorse nor condemn invited speakers. An institution of higher education must be place where controversial ideas and points of view are expressed, heard and discussed.

This is such a place.

The full announcement:

But where politics (and political appointees) are involved it provoked the ‘only free speech that I like’ brigade. Tweets in response condemned both Barr and Notre Dame Law School. Like:

Winston Smith @2plus2isSTILL4

The invitation brings shame to your institution. It is a statement that you do actually accord respect to a man who has disgraced himself and his office.

Tessa Sainz  @tessasainz

So being a traitor to this country and party to unprecedented corruption is a “controversial point of view” the University deems worthy of discussion? Does @NotreDame gain anything from Barr’s corruption? I’m guessing there’s a lot of financial reasons behind this decision

KB851  @KB8511 (Lawyer and College Faculty)

So now Notre Dame joins Florida in completely screwing this up People are smart They get there is a difference between a conservative voice and allowing trump jr or Barr to do NOTHING but lie You are dead wrong ND as are you, my alma mater, Florida

I am ashamed

Megan Schweppenheiser  @schweppenheiser

There is still time to boycott. Who would want to listen to that liar and gadlighter who is complicit in bringing down our democracy? Don’t go. Non-violent protest. Bring whistles. Stand up for the rule of law and ethics! Don’t give him a platform!

There were more bitter political opponents.

But there were also a smattering of supportive tweets:

Mary Miskimon  @MaryEM106

The only reason Bill Barr is controversial is because students disagree with his boss. That’s not controversial; that’s diverse thought, and it’s what we do here in America. It’s sad that ND has to explain to the students it admitted (presumably bright).

Joseph Rio  @josephwrio

It’s utterly amazing that Dean Cole has to issue such a common-sense statement. But judging by the replies on this thread by people who evidently believe they have been blessed with revealed truth, it was absolutely necessary. Difference of opinion is not evil.

Politically and on free speech issues the USA is a badly divided country.


American Conservative on Barr’s speech at Notre Dame – Bill Barr: Religious Liberty Warrior

Last week, US Attorney General William Barr gave an extraordinary speech about religious liberty at Notre Dame Law School. I have not been able to locate a transcript, and only found time to watch it this morning. Here’s a video of the entire thing. The speech itself begins at about the four-minute mark.

The AG begins by talking about the capacity for self-government, meaning not the form of administration of a liberal democracy, but the ability of individuals to master their own passions, and subject them to reason. Can we handle freedom? That, says Barr, is a question that preoccupied the Founders.

No society can exist without the capacity to restrain vice, he goes on to say. If you depend only on the government to do this, you get tyranny. (This, by the way, is what’s happening in China; many Chinese actually support the tyrannical Social Credit System, because communism destroyed civil society and social trust.) But, says Barr, licentiousness is another form of tyranny. People enslaved by their own appetites make community life impossible. (This, I would say, is what we are more endangered by in America today … and it will ultimately call forth tyranny, Chinese-style.)

Barr offers this quotation from Edmund Burke:

“Men are qualified for civil liberty, in exact proportion to their disposition to put moral chains upon their own appetites; in proportion as their love of justice is above their rapacity; in proportion as their soundness and sobriety of understanding is above their vanity and presumption; in proportion as they are more disposed to listen to the counsels of the wise and good, in preference to the flattery of knaves.”

Why is religion a public good? Because, says Barr, it “trains people to want what is good.” It helps to frame a society’s moral culture, and instills moral discipline. No secular creed has emerged that can do what religion does, he says. And by casting religion out, we are dismantling the foundation of our public morality.

“What we call ‘values’ today are nothing more than mere sentimentality, drawing on the vapor trails of Christianity,” says the AG.

Barr took the gloves off, saying that religion is not jumping to its death; it’s being pushed.

“This is not decay,” he said. “This is organized destruction.”

He named secularists in academia, media, and elsewhere as figures who are not neutral at all, but have rather inculcated a kind of religiosity in their own project of destroying religion. They conduct their own inquisitions and excommunications for heresy.

Here’s a link to AG Barr’s entire speech. 

‘Constitutional crisis’ over Mueller report

Controversies over the Mueller report and the Trump administration continue in the US.

The vote was 24-16 in favour of holding Barr in contempt.

Reuters Explainer: Can Trump use executive privilege to withhold full Mueller report?

The White House on Wednesday invoked executive privilege to block the release of Special Counsel Robert Mueller’s unredacted Russia report as a U.S. House panel met to vote on holding the U.S. attorney general in contempt of Congress for withholding the document.

The White House’s move escalated a constitutional clash between the Democratic-controlled House of Representatives and Republican President Donald Trump over its powers to investigate him, his administration, his family and his business interests.

Trump is stonewalling Congress on multiple probes, blasting the investigations as “presidential harassment.” In an unusual move, he is even suing to stop the release of some materials that lawmakers want.

There are so few court decisions on executive privilege that it is hard to be certain if Trump can withhold the unredacted report and underlying evidence, said Ross Garber, a lawyer in Washington who focuses on political investigations.

But to prevail in court the White House will eventually need to be more specific about which documents are protected by executive privilege and why, Garber said.

In a letter to Trump on Wednesday, Attorney General William Barr encouraged the president to make a “preliminary, protective assertion of executive privilege designed to ensure your ability to make a final assertion, if necessary, over some or all of the subpoenaed materials.”

Some legal experts have argued that Trump long ago forfeited, or waived, his right to make an executive privilege claim over conversations described by witnesses in Mueller’s investigation and related documents.

Meanwhile:

Democrats versus Barr versus Mueller are not fading away

The Mueller investigation led to the Barr letter which was followed by the release of most of the Mueller report was followed by the release of a Mueller letter to Barr, and now Barr has been questioned in the US senate. And the controversies continue, predictably with many angles being taken by media and politicians.

Washington Examiner: 5 takeaways from the Barr hearing

1. Tension between Attorney General William Barr and Robert Mueller

Barr revealed a split with the special counsel over the pursuit of evidence that President Trump tried to obstruct the probe. Mueller did not draw any conclusion on obstruction, despite gathering the evidence.

“The investigation carried on for a while as additional episodes were looked into,” Barr told the panel. “So my question was, why were those investigated if, at the end of the day, you weren’t going to reach a decision on them?”

Later in the hearing Barr dismissed a March 27 letter from Mueller complaining about Barr’s four-page memo to Congress about the report. “The letter’s a bit snitty and I think it was written by one of his staff people,” Barr told the Senate Judiciary Committee.

2. Barr didn’t review Mueller’s evidence.

Under questioning from Sen. Kamala Harris, D-Calif., a former prosecutor who is running for president, Barr acknowledged neither he nor Deputy Attorney General Rod Rosenstein reviewed the trove of evidencegathered by the Mueller team before he cleared Trump of any wrongdoing.

The Mueller report did not clear Trump of any wrongdoing, but Barr’s letter summarising the findings of the investigation were taken by Trump and others as doing that.

3. Barr is probing leaks to media.

Under questioning from Republicans on the panel, Barr said he is investigating Department of Justice leaks to the media regarding the investigation into alleged Russian collusion with the Trump campaign.

4. Barr is examining the justification for surveillance warrants into Trump campaign.

Barr said he is investigating the basis for the Justice Department’s decision to secretly surveil the Trump campaign beginning in October 2016. Barr said he is working with Justice Department Inspector General Michael Horowitz to determine if a surveillance warrant was properly obtained by the Foreign Intelligence Surveillance court the month before the election.

5. Senate Judiciary (probably) won’t call Mueller to testify.

Democrats are eager to hear testimony from special counsel Robert Mueller, they said Wednesday. But Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., doesn’t plan to invite him.

“I’m not going to do any more,” Graham said after Barr’s day-long hearing. “Enough already, it’s over.”

But it appears to be far from over.

RealClear Politics – Pelosi: Attorney General Barr Committed A Crime; “He Lied To Congress”

House Speaker Nancy Pelosi on Thursday accused Attorney General William Barr of criminally lying to Congress about special counsel Robert Mueller’s report and Mueller’s letter relating to how Barr has characterized its findings.

“What is deadly serious about it is the attorney general of the United States of America is not telling the truth to the Congress of the United States. That’s a crime,” the Speaker told reporters.

Asked again about the accusation, Pelosi said: “He lied to Congress. If anybody else did that, it would be considered a crime. Nobody is above the law.”

Asked whether Barr should go to jail, the speaker said: “There’s a process involved here.”

There’s something for everyone to cherry pick from.

US Attorney General’s letter to Congress on Mueller report

The US Attorney General William Barr’s summary letter to Congress on the Mueller investigation has been released.

“The investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in it’s election interference activities”.

Mueller handed responsibility on whether to proceed on possible obstruction of justice to the Attorney General.

The Special Counsel states that “while this report does not conclude that the President committed a crime, it also does not exonerate him”.

 

https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/AG%20March%2024%202019%20Letter%20to%20House%20and%20Senate%20Judiciary%20Committees.pdf