| sebastian_dangerfield |
05-24-2019 09:16 AM |
Re: Doesn’t Matter Who Wins the K Race; We’re All the Same
Quote:
Originally Posted by LessinSF
(Post 523164)
I look forward to his trial. He will get phenomenal pro bono counsel. And it will present the Pentagon Papers question to a new generation.
|
The deck will be so stacked against him, however, that I highly doubt he'll succeed. I see a very cynical and biased court finding a variety of ways to assert he's not a journalist, in a ruling jammed full of shoddy reasoning, because they know that ultimately, SCOTUS will bless their work 5-4. (Unless Clarence Thomas finds his brain, as he occasionally does in matters of prosecutorial abuse.)
But I doubt this trial will be much of a spectacle because we are not the country we were in the days of Ellsberg. People on both the right and the left aren't very much interested in negative rights anymore. And they're certainly not interested in somewhat abstract ones like freedom of speech. On top of that, Assange has no friends, having frustrated the Right and Left.
There was a notion that freedom of speech was absolute and the press had a duty to dredge up everything it could in the years around Vietnam. Since 9/11, there's been a cowardice creeping in -- a thinking among a lot of the public that security is more important than transparency.
And positive rights are far more important these days. With this thinking goes the strange belief one has the right not to be offended. And with that goes the notion that controlling speech is actually a good thing. Under the general proposition that "Certain things ought not to be said," there's a huge bucket, and it includes both minor impolitic statements and national security secrets one receives lawfully, by cajoling sources.
All of this is because, let's face it, the Right and the Left aren't as interested in freedom as they were in the time of Ellsberg. They're more interested in control. They want the freedoms that their side cherishes, and to monitor and control the behaviors they don't favor. This is how you wind up with the Right prosecuting a guy like Assange and the Left shrugging at what ought to incense it. The man picked fights with everybody and has no friends but people who believe strongly in negative rights, which freedom of speech essentially is. There are fewer and fewer of us around these days.
The most depressing response to Assange will be the one you hear most: "He took a huge risk fucking with us, and now he pays the price." Again, an admission that the only real law is power. Freedom of speech? Fuck that. Assange can be prosecuted for poor judgment, for running a terrible cost-benefit analysis before his actions. And that's good enough for most here who will tune out his trial and its dire implications, while arguing about which candidate in 2020 will give them the ever expanding positive rights to which they think they're entitled... because they're Americans, dammit!
|