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AAPS and CURE sue the White House for unconstitutional 'fishy' email program. Where is the ACLU?

The Association of American Physicians and Surgeons and the Coalition for Urban Renewal and Education filed a lawsuit on August 27 suing the White House to:

 “…enforce the First Amendment right to free speech and the Privacy Act’s right to privacy against efforts by defendants Executive Office of the President (“EOP”), White House Office of Health Care Reform (“WHOHR”), Nancy-Ann DeParle in her official capacity as WHOHR’s Director, Macon Phillips in his official capacity as White House Director of New Media, and others acting in concert (collectively, hereinafter “Defendants”) unlawfully to collect information on political and other noncommercial speech..”

The two  groups have formed together to stand up to the outrageous ‘fishy’ email program that Obama installed at the White House to ‘turn in your neighbor’ with emails that you felt were giving false information about the healthcare plan in the House (H.R. 3200).  From the AAPS website:

“The lawsuit was prompted by the White House solicitation for the public to report any “fishy” comments to ‘flag@whitehouse.gov.’ Although the White House slightly revised its data collection procedure last week, the email address still exists, the illegal activity continues, and is part of an “unlawful pattern and practice to collect and maintain information” on the exercise of free speech, which “continues in violation of the Privacy Act and First Amendment even if the Defendants terminate a particular information-collection component due to negative publicity.”

“The lawsuit outlines how the White House has employed a form of “bait-and-switch” tactic of accusing the Plaintiffs and other opponents of spreading misinformation about the Administration’s goals for health care reform, and thereby refusing to ‘come clean’ about its real agenda.”

The first amendment clearly states that Americans have the right to free speech:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Isn’t it ironic that the ACLU is nowhere to be seen or heard on this issue other than a very brief statement made by them:

"The ACLU said in a statement to FOXNews.com that the White House blog is a “bad idea that could send a troublesome message.

But the organization added, “While it is unclear at this point what the government is doing with the information it is collecting, critics of the administration’s health care proposal should not fear that their names will end up in some government database that could be used to chill their right to free speech.”

A ‘troublesome message’?  Are they serious?  The highest office in the country is telling people to turn in their neighbors over what THEY feel is misinformation about the House’s healthcare plan and that is what they call it?  The  ACLU has an entire page on their website devoted to free speech battles that they have won, yet all they do in regards to the clear violation of free speech made by the Obama Administration is make the above statement?  This same statement isn’t even found on their site.   What message is the ACLU – which is supposed to fight for ALL American’s civil liberties – sending to the American people?  They hammered at Bush for 8 years and are still hammering at Bush over CIA interrogations, yet they do absolutely nothing in regards to Obama violating the 1st Amendment? 

Let me be clear – people have no idea exactly what the Obama Administration is going to do with emails they receive regarding misinformation.  The message that Obama is sending to Americans is that you shouldn’t send any emails regarding healthcare because someone may disagree and ‘turn you in’ to the White House.  This represses free speech as people will be afraid that their email address could indeed find their way into some White House database.  We already saw what happened when the Obama Administration hired a third party organization to send unwarranted emails to people.  People were outraged that the White House even got a hold of their personal and private email addresses.  Kudos to the AAPS and CURE for standing up for Americans’ rights when the one organization that should be outraged, the ACLU,  is completely ignoring the reason they even exist. 

Photo by Regent University.

 

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By

Boston Conservative Independent Examiner

Kimberly Morin is the national director of policy and action for AnyStreet - Conservative Community Organizing.

Comments

  • Ken 2 years ago
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    Kimberly,

    C'mon if Obama cared about the constitution, would he support a bill, HR3200 that violates it? Free speech does not apply if you are critical of the POTUS, unless the POTUS is George W., in which case you are a patriot to be critical.

    www.examiner.com/x-19977-Allentown-Fiscal-Responsibility-Examiner~y2009m8d29-HR3200-and-the-Constitution-Part-2

  • Bill 2 years ago
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    Good article. Well written. Our country has been taken over by thugs on both sides of the isle. Let's take it back. Most of them need to be voted out. Many of them need to be put in jail.

  • arkady 2 years ago
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    Good job Kim, I am glad to see that this Stasi style tactic got the ire of groups capable of causing damage. At one point it was just us liberty loving folks screaming and yelling. Still, not enough moderates are concerned over this clear violation of the Executive branch and until more citizens wake the hell up, we are in for a massive fight.

  • Mike 2 years ago
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    If you study the history of the ACLU, you will find that it was started by the Communist Party USA. Their goal is to bring the USA, as we know it, to it's knees and this in line with what Obama is attempting to do.

  • Victor 2 years ago
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    In the interest of a more-complete discussion, it should be noted that both AAPS and CURE are conservative organizations. (source: rightwingwatch.org/content/star-parker-sues-white-house)

    In addition, describing the White House's actions as "telling people to turn in their neighbors" is a complete mischaracterization of the facts.

    The original quote from the White House's blog posting is: "There is a lot of disinformation about health insurance reform out there, spanning from control of personal finances to end of life care... Since we can’t keep track of all of them here at the White House, we’re asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov." (source: www.whitehouse.gov/blog/facts-are-stubborn-things/)

    The subject of the paragraph above is rumors and disinformation, not people.

    The AAPS lawsuit is a partisan political act.

  • Kimberly Morin 2 years ago
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    Victor - When someone forwards an email that THEY believe is rumors and disinformation, what do you think is attached to that email? The OTHER person's email address who absolutely did not give them permission to forward their email to the White House.

    The ACLU should be doing something about this as it IS a violation of our rights to free speech. The only reason they are not is because they are indeed in Obama's back pocket.

    Obama's flag@whitehouse.gov was not only a partisan political play but one against the PEOPLE of the United States of America!

  • Marco 2 years ago
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    Asking for somebody to forward an email is hardly "making a law" prohibiting free speech."

    Hello, Hyberbole?!!

  • MyRights 2 years ago
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    Are you, AAPS and CURE trying to eliminate my right to forward email to whoever I want? They're essentially using the 1st Amendment against itself. Additionally, please provide proof that the White House ever forced anyone to "turn in their neighbors" ...good luck with that.

  • Average Guy 2 years ago
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    The Obama administration is filled with the most Marxist leading group of people we have ever seen. They are set on destroying America’s free enterprise, free speech and the middle class. Their goal is to own you and make you dependent on them for your existent. They want the majority of Americans to live in 3rd world conditions. Only they and their selected elitist friends will have power. You will be nothing in their eyes except the unwashed masses they order around. Look at the attempt to shutdown anyone who questions them………from Joe the Plumber to Talk Radio. The second Civil War is at hand. People will have to pick sides. Either you are a lazy bastard wanting to be taken care of or you are real American with pride……………and a gun. You will need it because they will demand total submission to their power or they will shoot you. Before you Liberal lackeys scream that I am support violence, I do not. I hope we still have the right to vote in 2010 and it’s not a Chicago styl

  • clay 2 years ago
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    I would bet my farm on the fact that the reason the "fishy" web site was shut down was because millions of people like me reported all the fishy things that are going on IN the administration!

  • Concerned 2 years ago
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    The difference between Bush and Obama is Bush was looking for the enemy.

  • Snappy 2 years ago
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    Victor says:
    The original quote from the White House's blog posting is: "There is a lot of disinformation about health insurance reform out there, spanning from control of personal finances to end of life care... Since we can’t keep track of all of them here at the White House, we’re asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov." (source: www.whitehouse.gov/blog/facts-are-stubborn-things/)
    You left out this sentence? why?
    "These rumors often travel just below the surface via chain emails or through casual conversation."

  • W R SAM 2 years ago
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    Bill I agree with you about voted out of the W.H. rather than jail,A firing squad would be a better choice.we do not want to waste food on the fools.

  • uncle sam 2 years ago
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    JOE WILSON IS AN AMERICAN HERO!

  • Beth 2 years ago
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    I just want to say that I agree with Clay. I loved the "fishy" site - would post a "let me tell you what is fishy" comment every other day, but don't think my comments were what the administration had in mind.

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