Getting Rid Of Uncomfortable Questions


So, at the Obama transition site the President-elect’s team is entertaining questions concerning the issues of the day. For its pains, Team Obama is being confronted with a whole host of questions concerning the Blagojevich scandal and matters associated with it.

So, what happense in response? Obama supporters flag and remove all of the questions.

Note, of course, that the transition website is a .gov. That means it is an official government website and one presumes therefore that it is being operated by agents of the United States government. But the actors who are doing the actual censoring appear at first glance to be private actors–other commenters who don’t like the fact that these questions are being asked.

If this was being done by government actors this would appear to be a content-based restriction (comments concerning the Blagojevich scandal are being targeted for removal from the website). Content-based restrictions in a traditional public forum must pass strict scrutiny, meaning that the government must show that the restrictions are necessary to further a compelling state interest and that no less restrictive means exist for the government to further that state interest.

There is, of course, no compelling state interest at play in deleting the comments concerning the Blagojevich scandal. As such, the only real question that remains is whether a website serves as a “traditional public forum.” For a discussion of cases concerning the definition of a traditional public forum, see here. I haven’t done research on this issue, so consider this grain-of-salt time. This article argues that a website ought to be considered a traditional public forum but I can find no cases that designate a website a traditional public forum.

Perhaps, the website is a designated public forum. This may make sense; a designated public forum is one that has been “set aside by government for expressive activities.” One can argue that the change.gov website was “set aside by government for expressive activities” given the fact that comments were activated on the website. If this is a designated public forum, then content-based restrictions are subject to the same strict scrutiny analysis discussed above, with the same result that there is no compelling state interest that the government can show that would justify deleting comments that have to do with the Blagojevich scandal. It appears clear that this website is not a non-public forum, given that comments sections in websites are are traditionally used for expressive activities and are set aside for such activities. Thus, content-based restrictions cannot be justified by the less demanding test for content-based restrictions that can be met to justify such restrictions.

Again, this is a somewhat cursory analysis and I haven’t as much time as I would like to analyze the facts of this case. But (a) it looks very bad for comments to be deleted merely because they ask questions or make statements concerning the Blagojevich scandal and (b) if it is indeed found that a government entity is engaging in content-based speech restrictions by deleting comments merely because they have to do with the Blagojevich scandal, and it can be found that the change.gov website is a traditional public forum or at the very least, a designated public forum, then the operators of change.gov are engaging in unconstitutional content-based speech restrictions that are not necessary to serve any compelling state interest.

To say the least, this is worth a closer look. One thing especially worth asking about is whether government actors who are posing as commenters are the ones that are deleting the comments concerning Blagojevich. If so, the existence of an unconstitutional suppression of speech would be clear. An unconstitutional suppression of speech would also be clear if the flagging of Blagojevich-related content is designed to bring the content to the attention of governmental personnel in charge of monitoring the site for their approval or disapproval. If said personnel is affirming the deletion of Blagojevich-related, content-based speech, this would likely run afoul of the First Amendment.


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This is the kind of little thing that produces a big scandal

Neil Stevens (Diary) Thursday, December 11th at 3:20AM EST (link)

I hope Pejman and others can keep on this.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

For mere mortals, perhaps...

Crowe (Diary) Thursday, December 11th at 7:45AM EST (link)

But as we know, The Obama is no mere mortal.

“We sleep soundly in our beds only because rough men stand ready in the night to visit violence upon those who would do us harm Dear Leader Obama gives us leave to do so.”

 
 

since Pelosi as told us again and again...

JLenardDetroit (Diary) Thursday, December 11th at 3:28AM EST (link)

how “ethical” Govt is going to be while she’s in charge… I’m sure we’ll see a Special Investigator/Prosecutor to get to the bottom of everything….

I know… stop laughing….

WARNING FOR LIBERALS: SARCASM

Regards from NoMoTown (the MOTORlessCITY)
“Liberals, looking to do for? America what they’ve done for? Detroit! which is DESTROY IT!”
“I think, therefore I am Conservative”
“Conservative by choice, Republican by necessity”
“You can lead a Liberal to the Truth/Facts, but you cannot make them THINK!”
“Romney [No, not my first choice] does NOT have a MORMON problem. He has a, far too many Americans; these days; are MORONS problem!”


(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (message) (Warning: Children Will Die!!)
Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
The first Liberal was Satan” – a Rush caller (other Quotes)

 

Rules .gov

spaceman_spiff Thursday, December 11th at 5:33AM EST (link)

NOTICE: All unpaid .Gov domain names must be paid for via credit card ASAP or they will be subject to service interruption.

For a copy of the IRS Form W-9, please Click Here

You have reached the General Services Administration (GSA) website for domain name registration for the U.S. government. Since 1997, we have been proud to manage the .gov and .fed.US top-level domains.

http://www.dotgov.gov/

 

Will the press tire of Obama?

bk (Diary) Thursday, December 11th at 5:50AM EST (link)

Are they going to put up with four years of getting stiffed? He’s going to want to only have carefully scripted events. That’s fine for the unreal world of a campaign (if the MSM lets you get away with it), but even his MSM backers will get tired of this pretty quickly in the real world of the presidency.

Honestly? I don't think so ... at least not when it matters.

Martin Knight (Diary) Thursday, December 11th at 6:20AM EST (link)

2012 – Obama running for re-election, they’ll forget all about it and unite four-square behind him again. That’s if they actually do get tired of covering for him in the first place – after all, they worked just as hard as David Plouffe to get him into the Oval Office, why would they do anything to jeopardize his Administration?

What’s disquieting is that there’s a template for this already in existence in Mark Warner of Virginia during his term as Governor. The VA Press was like his Praetorian guard from what I saw. The coverage of Warner’s Administration was uniformly, unrelentingly positive.

The guy broke practically every one of his campaign promises, didn’t really achieve much, and yet he’s the most popular politician in Virginia, even in areas that are supposed to be ruby Red.

From what I’m seeing now – with reporters happily shelving inconvenient questions at a frown from Obama staffers – it looks as if Obama is going to be the nation’s first unaccountable President, and I don’t think the GOP has found the guts and, to be frank, the collective intelligence to fight on this tilted a battlefield.

We may see a new narrative emerge

Loren Heal (Diary) Thursday, December 11th at 7:02AM EST (link)

It’s a great country because we can disagree with someone no matter the color of their skin.

This will be said to be a bold, brave position.

Alternatively, “See, we were only against George W. Bush because he was President and it’s our job to dissent.”


Join the Concord Project, and follow @lheal, if you dare.

 

Yeah, but they won't be selling many newspapers that way.

Moe Lane (Diary) Thursday, December 11th at 7:08AM EST (link)

Or ad space. There may not even be, say, a New York Times in four years.

"Newspapers"? What are these artifacts of which you speak?

Crowe (Diary) Thursday, December 11th at 7:50AM EST (link)

“Newspapers” require “paper,” and we all know “paper” requires one to stop hugging and take an axe to a tree… and that sort of barbarity will not be tolerated in the new, enlightened, Obama States of America.

All former “Newspaper” enterprises will become prmarily web-based and you’ll have to register specially to receive the “Print Version”… along with disapproving scowls and a mandatory sensitivity training class, where the Lorax will be the course text. “THINK OF THE TREEEES”

“We sleep soundly in our beds only because rough men stand ready in the night to visit violence upon those who would do us harm Dear Leader Obama gives us leave to do so.”

Thankfully, my local paper is bankrupt and cutting

Achance (Diary) Thursday, December 11th at 10:58AM EST (link)

back dramatically. Also, the McClatchey rag, the Anchorage Daily News, is in dire straits and cutting back as well. Both are simply shills for the Left and, typical Lefties, overlooked the fact that all those good little communists don’t buy either papers or ads, especially ads. The business community buys ads and they generally don’t like communists.

In Vino Veritas

I think Newsweek and co. are cutting back

bk (Diary) Thursday, December 11th at 11:44AM EST (link)

because they no longer need scores of people in Alaska digging up dirt, following around Palin around the country to ask her where she got her clothes, etc. And since there are obviously no scandals or anything around The One to investigate, they can lay off lots of people.

I miss the reporters!

Achance (Diary) Thursday, December 11th at 1:37PM EST (link)

For the first and only time in a fairly visible public career, I actually had a reporter pick up the tab!

In Vino Veritas

 
 
 

"Newspapers"

olsmithie (Diary) Thursday, December 11th at 11:27AM EST (link)

Eventually no trees will be harmed to produce the news, but a large number of electrons will be terribly inconvenienced…

Regards

 
 
 
 
 

It's not just this site it is also those stories on the local...

JadedByPolitics (Diary) Thursday, December 11th at 7:24AM EST (link)

news stations website. There is nothing like running a BAD story on Obama for those items to disappear down the memory hole…..thank goodness for screen captures and caches……I love technology :-0

http://gatewaypundit.blogspot.com/2008/12/obama-met-with-blagojevich-in-chicago.html

thankfully... Orwell's society not full-proof...

JLenardDetroit (Diary) Thursday, December 11th at 7:42AM EST (link)

they don’t have down yet how to completely retroactively re-write history to fit their agenda…. As many references as possible (for obvious reasons) need to be found and saved away on friendly servers before they disappear from original sources…. Wonder what the latest “Change” in terminology they will use now to Spin the fact they are caught in a lie!?!?

Regards from NoMoTown (the MOTORlessCITY)
“Liberals, looking to do for? America what they’ve done for? Detroit! which is DESTROY IT!”
“I think, therefore I am Conservative”
“Conservative by choice, Republican by necessity”
“You can lead a Liberal to the Truth/Facts, but you cannot make them THINK!”
“Romney [No, not my first choice] does NOT have a MORMON problem. He has a, far too many Americans; these days; are MORONS problem!”


(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (message) (Warning: Children Will Die!!)
Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
The first Liberal was Satan” – a Rush caller (other Quotes)

 

Or this....

jcheney Thursday, December 11th at 9:06AM EST (link)

…..more on the “scrubbed” newspaper articles

http://atlasshrugs2000.typepad.com/atlas_shrugs/

 
 

The One is taking on water

10ksnooker (Diary) Thursday, December 11th at 8:24AM EST (link)

The One’s halo has suffered major damage. He is now known as just another corrput politician.

Can’t we just move on to the energy rationing hoax.

Bzzzt

Lucifer_Cornblossom Thursday, December 11th at 3:26PM EST (link)

as of today, his approval rating is +26. down a whole 2 points from its high mark.

He hasn't had to actually govern yet...

Crowe (Diary) Saturday, December 13th at 8:44PM EST (link)

Standing untouchable on a pedastal allows one to remain above the fray. Bush is still in office to be reviled and take all the blame for bad stuff. The Obama is still the One Yet to Come, or the Promised One, or whichever messianic title suits you.

But in truth, he’s a typical Chicago politician. Grant, Harding, and Clinton will have a run for their money as most corrupt administration ever when all is said and done. Why do I say that? Zebras don’t change their stripes. Neither to Chicago, Illinois politicians… and those stripes are more-frequently not zebra stripes, but prison stripes.

“We sleep soundly in our beds only because rough men stand ready in the night to visit violence upon those who would do us harm Dear Leader Obama gives us leave to do so.”

I still don't think he ever will Govern...

JLenardDetroit (Diary) Saturday, December 13th at 8:51PM EST (link)

He’s an empty suit… just a figure-head… A SYMBOL of the HOPE/CHANGE Progressive BS…

He will always continue to be involved in ANYTHING until the morons of his (his Socialist masters) Party decide what he is to think/feel and/or do…

When backed into a corner… he will ALWAYS fall back onto his Socialist notions… As we saw in the rare glimpses of honesty when he slipped with the “Spread the Wealth,” Redistributive Justice,” and the like occurrence that we all discussed at length…. THE COUNTRY WAS WARNED…. They didn’t want to have to THINK… just FEEL the glory of the HOPE/CHANGE BS!

Regards from NoMoTown (the MOTORlessCITY)
“Liberals, looking to do for? America what they’ve done for? Detroit! which is DESTROY IT!”
“I think, therefore I am Conservative”
“Conservative by choice, Republican by necessity”
“You can lead a Liberal to the Truth/Facts, but you cannot make them THINK!”
“Romney [No, not my first choice] does NOT have a MORMON problem. He has a, far too many Americans; these days; are MORONS problem!”


(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (message) (Warning: Children Will Die!!)
Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
The first Liberal was Satan” – a Rush caller (other Quotes)

My fear is the opposite. He could be a near

Mike gamecock DeVine (Diary) Saturday, December 13th at 8:59PM EST (link)

dictator

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

some respects.. Yes...

JLenardDetroit (Diary) Saturday, December 13th at 9:20PM EST (link)

a Puppet Dictator… just a front (rubber stamp) for any ACORN, Union, other Democrat shill organization, hoped/desired legislation that Pelosi/Reid throw together…. All I’m saying is that he doesn’t have the BALLS to actually do anything of his own initiative…

Regards from NoMoTown (the MOTORlessCITY)
“Liberals, looking to do for? America what they’ve done for? Detroit! which is DESTROY IT!”
“I think, therefore I am Conservative”
“Conservative by choice, Republican by necessity”
“You can lead a Liberal to the Truth/Facts, but you cannot make them THINK!”
“Romney [No, not my first choice] does NOT have a MORMON problem. He has a, far too many Americans; these days; are MORONS problem!”


(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (message) (Warning: Children Will Die!!)
Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
The first Liberal was Satan” – a Rush caller (other Quotes)

JL of Detroit, I think your comment lends support to my suggested GOP strategy

Mike gamecock DeVine (Diary) Saturday, December 13th at 9:49PM EST (link)

of seizing opportunities to devide Obama from the dem congress. Your thoughts after this

http://www.redstate.com/gamecock/2008/11/22/gop-should-ride-shotgun-on-obama-prepackage/

and

http://www.redstate.com/gamecock/2008/12/08/gop-must-support-public-works-to-discredit-green-kooks/

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

even w/o review... I agree...

JLenardDetroit (Diary) Saturday, December 13th at 9:59PM EST (link)

If any chance that the Big Oblahblah can be encouraged to “grow a set” and become “Moderation” between the Far, far, far, Liberal Left (out of concern for his place in history as the MSM is trying to already proclaim him Roosevelt and Lincoln all in one) is one that I “HOPE” for… I just look at him and see the RADICAL-ELECT that crept through during the campaign… A rubber-stamp for the Socialists (which, will dishearten some that didn’t pay attention and thought him to be more a “moderate” than a radical-leftist – so in some respects we win over some regardless of which way he goes).

Any wedge we can help foster, nurture, create new, etc… is good…

Any disappointment he causes in the Code-Pink, Daily-Krap, etc… crowd because he doesn’t take the lead on the rush to Socialism helps to diminish their enthusiasm and likelihood some will stay home the next elections…

but I will take a gander at your Diaries. I usually read your stuff! These must’ve rolled off the Lists quickly – I might not have seen them, or was too bogged down in other discussions to notice.

Regards from NoMoTown (the MOTORlessCITY)
“Liberals, looking to do for? America what they’ve done for? Detroit! which is DESTROY IT!”
“I think, therefore I am Conservative”
“Conservative by choice, Republican by necessity”
“You can lead a Liberal to the Truth/Facts, but you cannot make them THINK!”
“Romney [No, not my first choice] does NOT have a MORMON problem. He has a, far too many Americans; these days; are MORONS problem!”


(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (message) (Warning: Children Will Die!!)
Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
The first Liberal was Satan” – a Rush caller (other Quotes)

thanks bro and ditto-nt

Mike gamecock DeVine (Diary) Saturday, December 13th at 10:01PM EST (link)

1

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 
 
 
 
 
 
 

There should be people going to prison for this

E Pluribus Unum (Diary) Thursday, December 11th at 10:37AM EST (link)

And while that is an impossible thing, with all the obstacles imaginable blocking the way for justice – so have many other things been impossible, until they weren’t.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

 

Wow...

nikrall Thursday, December 11th at 12:13PM EST (link)

Quite an interesting theory you have there. But what you fail to realize is that its not the government that is censoring content, its being done at the publics discretion. The public is deciding that the link between Obama and Blago is nonexistant and finding those questions to be absurd. Unless you can prove that Obama/Obamas team is censoring on the basis of content and NOT that the public is censoring on the basis of content, then you might want to let this rest.

So then

E Pluribus Unum (Diary) Thursday, December 11th at 3:41PM EST (link)

How does the PUBLIC remove content from a government-run website? Am I missing something here?

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

nikrall Thursday, December 11th at 8:01PM EST (link)

They flag it as inappropriate. If enough people do that, it gets deleted. It is clearly NOT the Obama camp/transition government deciding which comments gets deleted, it is Obama backers who don’t like the questions. And as private citizens, they can vote yay or nay on whichever comments they like all day long.

 
 
 

WTF ?

Lucifer_Cornblossom Thursday, December 11th at 3:22PM EST (link)

I’ve been banned from this site three times, and my IP address was blocked from here for over a year.

And you have the chutzpah to complain about the actions of people who vote in an open on-line forum ?

privately owned vs government-owned

E Pluribus Unum (Diary) Thursday, December 11th at 3:49PM EST (link)

nt

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO