Of Freedom of Speech, Gov’t Gag Orders and ABC News


This story is about free speech and doing buisness with the Federal Government. It was first reported in the Wall Street Journal. and ABC News (see video below) runs the first part Senator McConnell’s Senate floor speech about this HHS gag order.

Did I mention that HHS are the ones that will be running your health plan in the Health Information Exchange under ObamaCare?


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There is no boundary

azred (Diary) Wednesday, September 23rd at 11:23AM EST (link)

To the arrogance and buffoonery that this administration and the congressional leaders will stoop to.
The Constitution has been burned. So when do we file charges of treason against this administration and the congressional leaders?

 

Utter contempt for the First Amendment

seandparnell (Diary) Wednesday, September 23rd at 11:56AM EST (link)

This is a perfect example of how far some will go to silence their political opponents.

Especially contemptible is the notion that the letter that Humana sent out is “confusing” and may make people think it’s an “official” communication. Set aside the fact that it’s on Humana letterhead, giving a pretty clear indication it’s coming from Humana and not CMS or HHS.

No, implicit in the statement is that citizens just aren’t able to assess and consider political speech from certain perspectives or sources, so the government must step in to decide who is allowed to communicate to citizens that may become “confused” when they hear from their insurer.

This is a stunning repudiation of the entire notion of “consent of the governed.” I’ve just sent a letter to the White House on this: http://www.campaignfreedom.org/blog/detail/ccp-sends-letter-to-obama-advisor-eisen-on-administrations-censorship-of-critics

Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org

Worse, HHS is not demanding pre-approval of any communications to

civil truth (Diary) Wednesday, September 23rd at 12:19PM EST (link)

We are concerned that the materials Humana sent to our beneficiaries may violate Medicare rules by appearing to contain Medicare Advantage and prescription drug benefit information, which must be submitted to CMS for review” said Jonathan Blum, acting director of CMS’ Center for Drug and Health Plan Choices.

So now, the HHS gets to decide what private companies can tell their customers with the implicit threat of inquisition and possible termination of their contracts if they don’t comply.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

Correction: substitute "now demanding" for "not demanding" in the title -nt-

civil truth (Diary) Wednesday, September 23rd at 1:15PM EST (link)

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

 
 

And yet, sean, you're the same guy who didn't think

janis (Diary) Wednesday, September 23rd at 12:51PM EST (link)

that the newspaper bailout would mean that the media would be incapable of free speech? And now we see that even private corporations who didn’t get bailout money are not being allowed to use free speech to their customers.

5 5 5 to that janis...sean is an enigma...you know..

JadedByPolitics (Diary) Wednesday, September 23rd at 1:11PM EST (link)

someone who knows it all but cannot keep straight which thing he thinks he knows today..heh!

The enigma part can be solved by thinking of the word

janis (Diary) Wednesday, September 23rd at 1:18PM EST (link)

“moderate.” If cretins such as you or I happen to hold a particular opinion, he’s against it because he’s so much smarter than we are, Jaded.

On the other hand, if Obama and Co. are to be defeated, it will be we cretins that get the job done, bad manners and all. I don’t expect thanks from folks like Sean if we manage it, but I will insist that they sit over in a corner somewhere and shut up.

I will insist they sit down and shut up as well :)...nt

JadedByPolitics (Diary) Wednesday, September 23rd at 1:20PM EST (link)

Great, Jaded, you can be the Sergeant at Arms and enforce it! nt

janis (Diary) Wednesday, September 23rd at 1:48PM EST (link)

ohhh could I janis.....I would love that baby!...nt

JadedByPolitics (Diary) Wednesday, September 23rd at 7:15PM EST (link)
 
 
 
 

Sean wrongly thinks that non-profit status is a talisman

civil truth (Diary) Wednesday, September 23rd at 1:13PM EST (link)

Sean, when the current politican climate is such that a legislator can call up HHS to trump up pretexts for exercising prior restraint of political speech against a private entity (along with an investigation that threatens its contracts with government), what fig leaf do you have to support your delusion that non-profit status will prevent a government agency from similarly trumping up accusations of violating educational purposes to impose prior restraint (and initiate an investigation that could lead to non-profit revocation) because a story or editorial displeased a powerful politician or challenged the ruling party’s policies?

There is an exact parallel betwee the two; if free speech falls here with Human, “non-profit” newspapers will see the handwriting even before they apply for such status, and existing non-profits will find their speech rights chilled, or perhaps frozen.

Especially if we get some key judicial appointments who no longer respect American constitutional protections of free speech but decide that this “living document” needs to be conformed to European jurisprudence or other international jurisprudences that are hostile to free speech and deferential to government controls over speech for “protecting the public order”, government-defined anti-blasphemy laws, banning “hate speech” (as defined by the government), etc.

Sean, you may view yourself as a referee, but the thugs have arrived at the playing field and preparing to step onto the field with a new set of rules, leaving you irrelevant. It’s not longer potential; we are on the slippery slope.

It’s fast becoming time to starting packing “heat” (metaphorically speaking) and find out who are your allies who will also push back, if you wish to keep your referee position.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

I am not a referee

seandparnell (Diary) Wednesday, September 23rd at 1:32PM EST (link)

I am an advocate for free, unfettered political speech. Please check my web site if you think otherwise, so you can see just what we are doing to push back against efforts to stifle political speech.

For the last time: 501(c)3 status is not going to somehow enhance or diminish the government’s power to trample the first amendment rights of newspapers. As this incident proves, if they want to, they can find the leverage they want.

There is nobody supporting the concept that is cackling with glee that “once they’re 501(c)3 groups we can control them!” Nor is there anyone concerned that “Oh, no, if they become (c)3 groups we won’t be able to control them.” It’s irrelevant. You might as well argue against OSHA regs, or taxes, or the minimum wage, on the grounds that it gives government the power to harass newspapers and dictate content.

Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org

 
 

please re-read my statements

seandparnell (Diary) Wednesday, September 23rd at 1:26PM EST (link)

My point was that allowing 501(c)3 status for newspapers would not pose a threat in and of itself. I never said that the government wouldn’t ever try to dictate or suppress anybody’s free speech, just that the particular bill under consideration didn’t provide any reason to think this was a power-grab.

Also, you’ll note that I was also correcting several obviously inaccurate concerns that were raised – that the government was buying newspapers, or giving tax dollars directly to newspapers.

I see government efforts to silence and limit political speech by disfavored speakers every day. It’s my job. As such, I think I have gained some understanding of what is a real threat and what is not. You’re free to disagree, of course, but I’m hardly one to turn a blind eye to attacks on the First Amendment.

I just don’t find the Chicken Little act every time the government does something to be useful.

Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org

How every moderate of you, sean. nt

janis (Diary) Wednesday, September 23rd at 1:42PM EST (link)

How VERY moderate of you, I meant. nt

janis (Diary) Wednesday, September 23rd at 1:42PM EST (link)
 

A tax cut to Newspapers who go (c)3 is the equivalent of money from the govt...

Aaron Gardner (Diary) Wednesday, September 23rd at 1:45PM EST (link)

That you don’t get this is sad.

conform and celebrate diversity….or else!!!

“We’d be much better off if We The People had desired small government enough to keep it.” acat


OK

seandparnell (Diary) Wednesday, September 23rd at 2:31PM EST (link)

If that’s you’re perspective, that’s fine. There’s pretty good reasons for believing what you do.

But then there’s money from the government going to National Review, money from the government going to Weekly Standard, money from the government going to the Heritage Foundation, money from the government going to the Cato Institute, etc.

And yes, money from the government going to my group too, I guess.

But that’s not the same as saying that the government controls the content of what NR, WS, Heritage, and Cato put out. I suspect you’d get a little pushback if you suggested that to them.

Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org

and now we are back to the boilerplate language...

Aaron Gardner (Diary) Wednesday, September 23rd at 2:53PM EST (link)

which is loose and will rely on regulators to define and implement. Those regulators are controlled by who again?

conform and celebrate diversity….or else!!!

“We’d be much better off if We The People had desired small government enough to keep it.” acat


 
 
 

And I have been to your website. Best nap I've had in ages. nt

janis (Diary) Wednesday, September 23rd at 1:45PM EST (link)

I appreciate your attempts to sort out nuances

civil truth (Diary) Wednesday, September 23rd at 2:47PM EST (link)

And you have made me think more about the 510(c) status – newspapersi issue more clearly.

Actually, I think I have two tiers of consideration.

1) I think there is a qualitative difference between daily newspapers and opinion magazines such as NRO, etc. Given the content that comprises daily newspapers, which means that newspapers intersect government interests far more broadly than non-profit magazines, there is a much higher need to prevent entanglement with the government, of which 501(c) status would be a clear example.

For instance, a daily newspaper is much more likely to be dealing matters coming up for city council votes or investigating the processes behind political decisions (and/or) corruption. Also, newspapers have traditionallyt viewed themselves as a voice for the people (or a voice for disfavored and ill-treated groups) – and this voice cannot remain clear if the paper has to constantly be self-check as to whether their stories cross a line between “educational” and “advocacy” – especially when their oppositional targets are likely to be influencing where that line is drawn after the fact.

So apart from the issue of future dangers, I believe that 501 (c) status inherently interferes with newspapers exercising full freedom of the press.

2) Along that line, I would go further and argue that 501(c) status is a threat to the freedom of any publishing entity, including magazines like NRO. It is a Faustian bargain in which the press agress to some government constraint on what they publish (or what lobbying they can do) in return for tax-favored status, including the ability of donors to take a tax deduction on donations, which gives them some competitive advantages over for-profit competitors in terms of taxes.

Now for entities that truly see their mission as educational, charitable, etc. the benefits of this bargain historically have largely outweighed the negatives, as they have gain financail benefits with only limited constraints over their speech that largely corresponds to their own sphere of speech.

However, the other half of the bargain is that the government will act reasonably in terms of interpreting the speech restrictions, as to what constitutes permissable vs. impermissable activities. Up to now, the government has kept it’s half of the bargain in most instances.

But nonetheless, we see in this acceptance of government constraint on content the seeds of a possible future conflict should the govenrment become tyrannical

3) What you’re hearing here at RedState is a conviction, based upon the ideological and historical actions of key government players, from the President and his Czars on down – and from recent actions since Jan 20th – a conviction that the government is changing the rules and that it now wishes to control speech and suppress dissent, and that it will use extraordinary measures – even unconstitutional measures – to do so being confident that it can successfully intimidate opponents because of it’s power – and that can maintain control of Congress and the courts to prevent checks on its power.

We see that progressive destruction of democratic instituctions and free speech and free press in Venezuela (as just the latest of a pattern of behavior in non-democratic or one-party states) and perceive similar tactics starting to be employed in the U.S. by the current adminstration – along with a lack of trust in the adminstration that leads us to fear that these are just first steps.

Thus we do see malign motives with move to allow non-profit status for newspapers.

Which is is why you’re hearing the Chicken Little talk here. Which doesn’t mean that the sky isn’t about to fall even if Chicken Little was wrong in her time.

4) Thus in brief, the thrust of my argument here is that501(c) status involves an acceptance of governmental constraints, and that because of the potential of government to overreach, any press entities – whether newspaper or opinion magazine – who accept 501(c) status need to be especially vigilant as to their boundaries so that they can be prepared to surrender non-profit status to preserve their independence.

Which correspondingly means to be vigilant to keep themselves from being too vulnerable and too dependent on their tax benefits such that they cannot give up their non-profit status, thus forcing them to submit to govenrmental control.

I have one other (relatively brief) basic point that I will make in a separate comment.

Thanks for reading; much of the passion here comes from a conviction that our country is in grave danger and a corresponding impatience with those who don’t perhaps share the level of concern.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

Very well written

seandparnell (Diary) Wednesday, September 23rd at 3:32PM EST (link)

I shan’t re-hash our disagreements on this point, but I am glad to see that you have thought through what is being proposed and actually addressed the points I’ve been making.

Ultimately, I think it comes down to whether one believes the (c)3 exemption poses an unacceptable level of risk to the independence of publishers. I clearly don’t think so, an opinion guided by my experience with a nonprofit that published newspapers, my work on the First Amendment, and my role as the head of a (c)3 organization.

Others, seeing obvious efforts by the government to suppress and stifle dissent (Humana, “fairness doctrine,” campaign finance “reform,” etc), see this as yet one more attempt to silence critics. I get the concern, just don’t share it in this particular case. At the very least, I hope our exchange has cleared up some of the obviously false impressions that were being tossed about here earlier, such as that the government was going to be buying newspapers or offering direct financial assistance.

Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org

 
 

Here are other dangers of non-profit newspaper legislation

civil truth (Diary) Wednesday, September 23rd at 3:03PM EST (link)

I and others here at RedState have focused on the potential for government to punish dissent by abusing the definitions of permissable speech by non-profit entities (and perhaps threat of punishment for past speech or prior restraint).

Or in brief, what we’re saying is this: It’s a trap to accept non-profit status, and the intent of this legislation is to set this trap to unsuspecting newspapers

—————————————-

However, the other side of the coin is perhaps more insideous, in that we perceive this legislation being designed as an effort to provide government assistance (ultimately taxpayer assistance) to newspapers in financial straits in an effort to favor and strengthen a press favorable to the current adminstration (and to make it difficult for them to back out later) – that is, to try to prop up a portion of the press that has been their biggest cheerleaders and complicit in advocating for the current administration that otherwise are at risk of being supplanted by other press/media many of whom that are not cheerleaders.

And in conjunction with these legislated advantage for allies, the creation of a privileged non-profit status clears the deck for future discriminatory legislation, etc. to effectively punish or burden publications that do not accept non-profit status and attendant government controls.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

 
 
 
 

A question for lawyers here: how is HHS not engaging in government-imposed prior restraint

civil truth (Diary) Wednesday, September 23rd at 12:26PM EST (link)

Which is another word for censorship in the correct meaning of that word.

When companies must submit their communications to a government agency for advance approval, in conjunction with government investigations and threats of sanctionsed sanctions for past speech, is this not prior restraint?

Does this not constitute a chilling effect on speech?

Isn’t there a huge body of case law on prior restraint that sets an extremely high standard for such action on the part of government officials?

And I can’t see any way that this action of HHS could meet such high standards. Unless, of course, HHS would argue that the prospect of ObamaCare failing to pass Congress constitutes a clear and present danger to the U.S.

Where are the constitutional experts screaming? Or is free speech only for those who agree with you?

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

 

When history records the fall of the U.S. into a totalitarian state

civil truth (Diary) Wednesday, September 23rd at 12:37PM EST (link)

Surely one chapter will be the craven cowardice and avarice of leading agents of the private sector who put promises of government largesse and “protection” (and presumably a cut of the pie stolen from the American citizenry) above taking a stand for the freedom (economic and political) that enabled them to gain their position in the first place.

When big business and big labor interests ally with big government advocates, this is a recipe for corporatism or fascism. Labor is already in cahoots; our big business leaders – banks, auto manufacturers, and now major health care institutions – are deciding to sell their souls to the current administration (or perhaps cravenly have decided to try to appease the thugs) ignoring the verdict of history that such behavior only exacerbates the thugs behavior and seals their very fates – and that the only way to prevail is to stand up against them before they gain hegemony.

Humana’s surrender is another sentence in this chapter. I hope their CEO enjoys his 20 pieces of silver before he is replaced by a pliant puppet and or has to pay back his loot with interest (and perhaps his life).

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

Those health care institutions were in on this with SEIU

Achance (Diary) Wednesday, September 23rd at 12:51PM EST (link)

several years ago. The Association of Labor Relations Agencies is comprised of the state and federal regulatory bodies governing collective bargaining practices in both the private and public sectors. I went to their annual meeting in Seattle back in, I think, 2005. I sat in stunned silence as the VP for HR for one of the big CA healthcare chains waxed prolix about their “collaborative” efforts with SEIU. They were literally doing mutual recognition agreements with SEIU so that the company and the union could “work together” to improve health care in CA and the Nation. See my diary from a few months ago on “coordination” in Germany.

In Vino Veritas

This is all part of that Molotov-Ribbentrop Pact with SEIU

civil truth (Diary) Wednesday, September 23rd at 1:22PM EST (link)

In which the unions promise labor peace and friendly contracts (screwing their existing members in the process) in return for a free-hand to raid other unions to bring them into SEIU. I’m sure you’re aware of the ferocious internal labor-war going on in Northern California involving SEIU.

Of course, SEIU will turn on their enablers once they’ve achieved critical mass of membership and control over the Democratic Party, just as Hitler did.

Either the health industry executives are engaging in massive denial, or more likely they hope to escape with their blood-money and leave the successors to face the fateful consequences.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

No, they went to Hahvud and got stupid.

Achance (Diary) Wednesday, September 23rd at 1:43PM EST (link)

Hahvud and MIT have this thing called “Interest Based Bargaining.” It purports to get around the nastiness of what they style positional bargaining by spending a lot of time and money masturbating, I mean, identifying each other’s interests and finding commonality of interest as the basis for a labor agreement. What it actually is is a means for an employer and a union to look like they’re doing something that looks like bargaining while they’re actually just conspirring to screw the taxpayers or stockholders.

Anyway, it is probably the most popular collective bargaining training in the Country and of course it is mostly public employers and third sector employer such as healthcare providers, and of course unions. It costs about five grand for a week so people who don’t know any better thing they’re being taught something useful by all those PhDs from Hahvud. I’ve been, sent my whole staff so we could put the cert on the wall, but we went as a know your enemy course.

Anyway, these people go to that thing and come out thinking that all you gotta do is try to get along with the union and you’ll all live happily ever after with no conflicts. Starry-eyed stupidity, courtesy of Hahvud!

In Vino Veritas

Is this part of the reasons business have not been more vocal about EFCA arbitration provisions

civil truth (Diary) Wednesday, September 23rd at 3:19PM EST (link)

You’ve explained before that the arbitration provisions of EFCA are founded on imposing interest-based bargaining onto companies initiating union contracts – and outlined the grave perils of this and the massive expansion of governmental control over private industry through imposed arbitration mandates.

But what I’m hearing you saying here is that the enemy has already infiltrated our lines (and continuing to do so) to create a fifth column by deluding business executives into embracing interest-based bargaining through their socialist cohorts in universities (such as Harvard) who use their reputations to appeal to their intellectual pride and stupidity in promoting interest-based bargaining as the latest advance in labor relations.

A classic Siren song to lure businesses onto the rocks.

Very enlightening.

Though I still think we’re also dealing with a “peace now” appeasement mentality by executives who want to maintain a strong bottom line today (by avoiding a labor disturbance) – collect their bonuses and adulation – and who don’t care about the consequences down the line because someone else, not them, will be paying the price.

Plus a “don’t rock the boat” “path of least resistance” mentality may also play a major part, along with a desire for adulation from the press (trade and general). Abetted by blind shareholders with short-term thinking and ignorance.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

Two different usuages of the word "interest," C_T.

Achance (Diary) Wednesday, September 23rd at 3:43PM EST (link)

EFCA provides for what is called interest arbitration as contrasted with rights arbitration. Rights arbitration is the more common quasi-judicial forum in which an arbitrator renders a binding decision regarding a grievance alleging a violation of the collective bargaining agreement. In Blue states and regulated industries, rights arbitration is bad enough.

Interest arbitration is much less common and almost exclusively used in the public sector for classes of employees who cannot strike, usually police, fire, jail, and hospital. In really Blue places some other like transportation and garbage. Where there is interest arbitration when the employer and the union cannot reach a voluntary agreement on an initial or successor collective bargaining agreement, they submit the issues in dispute to an arbitrator and the arbitrator essentially writes a new agreement for them. If you don’t really know what you’re doing, it is an awful process and arbitrators commonly just give the employer’s rights to the union because most employers are too stupid to understand that the arbitrator can do that. It is also used a lot by Democrats to hide behind when they give the union stuff that the taxpayers or legislature wouldn’t give them in a million years. They just go to impasse, go to arbitration, the arbitrator gives the union what the Democrat government would have like to give them but was afraid and flies away, then the Democrat government blames it on that arbitrator just didn’t understand how fiscally conservative we are in these parts – but of course the decision is binding.

EFCA imposes interest arbitration for an initial agreement if the union and the employer haven’t reached a voluntary agreement in 120 days after the union presents the cards. There isn’t an employer in America who’ll have a clue how to prepare for an interest arbitration. They’ll hire some jackass lawyer who’ll get his/her head handed to them, send the employer a big bill, and the agreement will bankrupt the employer before the third year.

But, you’re right in your understanding of what the interest based bargaining schemes are all about. They’re the coward’s way to engage in collective bargaining, a way to look good while doing bad.

In Vino Veritas

Looks like we need to change "interest" to "union-giveaway"

civil truth (Diary) Wednesday, September 23rd at 4:43PM EST (link)

With the current adminstration, I suspect some other word changes will be necessary as well.

Thanks for clearing up my confusion between terms.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

 
 
 
 
 
 
 

Maybe I'm missing it, but isn't there two conflicts of constitutional law?

archer52 Wednesday, September 23rd at 1:50PM EST (link)

First, isn’t HHS somehow linked to executive branch, not Congress? So how can a senator demand they investigate anyone without the approval of the WH?

Second, and again I’m no expert, but how can HHS have the power to say “stop talking” to anyone including a company? I’m sure they have power of regulations and dispersal of services, but speech?

I’m not seeing it and if there is a regulation, it is unconstitutional.

If I were Humana, I’d give them a Bronx cheer and keep right on speaking their minds. It isn’t like they’ll somehow survive the healthcare takeover anyway.