{"id":4875,"date":"2006-01-03T07:43:51","date_gmt":"2006-01-03T07:43:51","guid":{"rendered":"http:\/\/peterlevine.ws\/?p=4875"},"modified":"2006-01-03T07:43:51","modified_gmt":"2006-01-03T07:43:51","slug":"ed-meese-john-yoo-and-free-speech","status":"publish","type":"post","link":"https:\/\/peterlevine.ws\/?p=4875","title":{"rendered":"Ed Meese, John Yoo, and free speech"},"content":{"rendered":"<p>One of the worst things about modern American politics is the use of inflammatory mailings to raise money. I used to worry about such tactics when I worked at Common Cause: our mailings, while not partisan, weren&#8217;t exactly fair and balanced. It pays to send a core constituency of like-minded people a message that will make some of them angry enough to write you a check. As a result, there are large, passionate, but completely separate political conversations going on in America.<\/p>\n<p>It would help if we put communications from various ideological groups into the public domain so that what they said to their own constituencies could become part of a diverse public deliberation. Consider, then, the following &#8220;Dear Mr. Levine&#8221; letter that I recently received from good old Edwin Meese III, on behalf of the American Council of Trustees and Alumni. He writes:<\/p>\n<blockquote><p>So much of what&#8217;s wrong in our country has its roots in the 60s revolt at our colleges and universities. I remember&#8211;I was there.<\/p>\n<p>Let me tell you about my experience with the 60s radicals.<\/p>\n<p>At my old law school, the University of California at Berkeley, an alliance of radical students, hippies, and street thugs got together with a view to <i>destroying<\/i> so much of what you and I value. They plunged a great institution into a crisis unprecedented in American higher education.<\/p>\n<p>These people, calling themselves the Free Speech Movement, were actually interested in creating a mob scene. &#8230;<\/p>\n<p>I told Governor Brown that if the radicals were allowed to stay there would be another mob scene, even bigger, the next day. I believed restoring order was important and necessary. The building was cleared and a potentially dangerous situation was defused.<\/p>\n<p>And then I participated in prosecuting them.<\/p><\/blockquote>\n<p>There would be many ways to respond to this, but let me counter an anecdote with an anecdote. It is to Ed Meese&#8217;s &#8220;old law school&#8221; that John Yoo has returned after a stint in the Bush Administration. As David Cole <a href=\"http:\/\/www.nybooks.com\/articles\/18431\">writes<\/a>, &#8220;Yoo&#8217;s most famous piece of advice was in an August 2002 memorandum stating that the president cannot constitutionally be barred from ordering torture in wartime&#8211;even though the United States has signed and ratified a treaty absolutely forbidding torture under all circumstances, and even though Congress has passed a law pursuant to that treaty, which without any exceptions prohibits torture.&#8221;<\/p>\n<p>One can argue that Yoo&#8217;s memo provided any American torturers with a <a href=\"http:\/\/www.peterlevine.ws\/mt\/archives\/000151.html\">legal defense<\/a>. Their behavior cannot be &#8220;patently illegal&#8221; (which is the standard for conviction under US military law) if a Berkeley law professor said that it was legal. Thus Yoo&#8217;s writing changed the actual legal situation regarding torture. Nevertheless, Yoo&#8217;s colleagues (some of those &#8220;60s radicals&#8221; whom Meese believes &#8220;are now entrenched in college faculties and administrations&#8221;) uphold his right to teach at their institution. Could it be that the <a href=\"http:\/\/bancroft.berkeley.edu\/FSM\/\">Free Speech Movement<\/a> was actually about&#8211;free speech?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>One of the worst things about modern American politics is the use of inflammatory mailings to raise money. I used to worry about such tactics when I worked at Common Cause: our mailings, while not partisan, weren&#8217;t exactly fair and balanced. It pays to send a core constituency of like-minded people a message that will [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4875","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/peterlevine.ws\/index.php?rest_route=\/wp\/v2\/posts\/4875","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/peterlevine.ws\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/peterlevine.ws\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/peterlevine.ws\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/peterlevine.ws\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4875"}],"version-history":[{"count":0,"href":"https:\/\/peterlevine.ws\/index.php?rest_route=\/wp\/v2\/posts\/4875\/revisions"}],"wp:attachment":[{"href":"https:\/\/peterlevine.ws\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/peterlevine.ws\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/peterlevine.ws\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}