Lawsuit filed over DHS report on right-wing extremism

[Philbert]

Volokh conspirator David Kopel reports:

Plaintiffs in the lawsuit are the Center for Bioethical Reform (a group which chacterizes its mission as "graphically exposing the injustice of abortion"); an Iraq War veteran who lives in the Eastern District of Michigan; and Michael Weiner (a talk-show host who uses the on-air name "Michael Savage").

The suit alleges that the DHS Intelligence Assessment "is designed to deter, prevent, and preempt activities that government officials deem to be in opposition to the policies advanced by the Obama administration. Such activities are considered harmful, dangerous, and a threat to national security. By deterring, preventing, and preempting such activities, federal officials seek to influence domestic public opinion in support of the favored policies of President Obama."

It is further alleged that the Intelligence Assessment (which plaintiffs characterize as DHS "Rightwing Extremism Policy") "is a tool of intimidation for federal, state, and local government officials. It provides a basis for government officials to abuse their positions of power to stifle political opinion and opposition. It also provides political adversaries with a basis for making official complaints and allegations against 'rightwing extremists' to government officials, thereby empowering the 'heckler' with a 'veto' over controversial political messages."

Thus, plaintiffs allege an effort to chill the exercise of their First Amendment rights, and a denial of their Fifth Amendment right to Equal Protection. (Which well-established precedent has declared to be implicit in the Fifth Amendment's Due Process clause.)

As Kopel notes, the discovery process should shed more light on this issue, if suit survives to that stage.

[jerkin]

Michael Weiner (a talk-show host who uses the on-air name "Michael Savage").

Heh......heh heh.

[ChamberedRound]

Good. The government deserves to be spanked over this trash. People are not necessarily extremists for voicing an opinion.

[Philbert]

Originally Posted by ChamberedRound

Good. The government deserves to be spanked over this trash. People are not necessarily extremists for voicing an opinion.

I think the suit is unlikely to win on the merits. Savage is going to have a hard time claiming a "chilling effect", in fact I think this report will be quite beneficial to his ratings.

I am interested to see what the FOIA requests turn up, though.

[JoeWilliams]

Originally Posted by Philbert

I think the suit is unlikely to win on the merits. Savage is going to have a hard time claiming a "chilling effect", in fact I think this report will be quite beneficial to his ratings.

I am interested to see what the FOIA requests turn up, though.

Nevertheless, it is going to be extremely costly to defend against, shine a bright light on the current administration's attempt to attack and silence political thought by abusing the power of the United States government, and generally be a massive embarrassment to people who can only achieve their true agenda through stealth and slipperiness. Having the reprehensible behavior of Obama's government drug into the public spotlight doesn't require a court victory.

[PocketProtector]

It's just the OPolitburo saying, "We're watching you".
I saw a Presidential approval survey yesterday, 55% approval.
Broken down:
Conservatives 78% disapprove 12 apporove 10% undecided
Liberals 89% approve....yep 89% !!! what would it take before they stopped drinking kool-aid????

[Paradigm]

Originally Posted by PocketProtector

Liberals 89% approve....yep 89% !!! what would it take before they stopped drinking kool-aid????

The modern Democrat party has been taken over by socialist statists. What Barry is doing is exactly what they want. And survey after survey show that most Obama supporters pay little or no attention to the news - and what news they do consume is MSM propaganda.

This number isn't shocking at all.

[Halftrack]

Originally Posted by Paradigm

This number isn't shocking at all.

Agree. It isn't even a fair representation of true public opinion.

[SilentRage]

This game is just beginning folks !!!!

[GunLawyer001]

Sadly, the only question here is whether the suit will be summarily dismissed for lack of a plaintiff with any standing, or whether it will be on governmental immunity grounds. Suits like this are only filed to get publicity.