New York Assemblyman Unveils Bill To Suppress Non-Government-Approved Free Speech

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Top Tier Gear USA

Concept of freedom of speech or no talking isolated on white

In a bill aimed at securing a “right to be forgotten,” introduced by Assemblyman David I. Weprin and (as Senate Bill 4561 by state Sen. Tony Avella), liberal New York politicians would require people to remove ‘inaccurate,’ ‘irrelevant,’ ‘inadequate’ or ‘excessive’ statements about others

  • Within 30 days of a ”request from an individual,”
  • “all search engines and online speakers] shall remove … content about such individual, and links or indexes to any of the same, that is ‘inaccurate’, ‘irrelevant’, ‘inadequate’ or ‘excessive,’ ”
  • “and without replacing such removed … content with any disclaimer [or] takedown notice.”
  • “ ‘[I]naccurate’, ‘irrelevant’, ‘inadequate’, or ‘excessive’ shall mean content,”
  • “which after a significant lapse in time from its first publication,”
  • “is no longer material to current public debate or discourse,”
  • “especially when considered in light of the financial, reputational and/or demonstrable other harm that the information … is causing to the requester’s professional, financial, reputational or other interest,”
  • “with the exception of content related to convicted felonies, legal matters relating to violence, or a matter that is of significant current public interest, and as to which the requester’s role with regard to the matter is central and substantial.”

Failure to comply would make the search engines or speakers liable for, at least, statutory damages of $250/day plus attorney fees.

As The Washington Post’s Eugene Volokh rages, under this bill, newspapers, scholarly works, copies of books on Google Books and Amazon, online encyclopedias (Wikipedia and others) — all would have to be censored whenever a judge and jury found (or the author expected them to find) that the speech was “no longer material to current public debate or discourse” (except when it was “related to convicted felonies” or “legal matters relating to violence” in which the subject played a “central and substantial” role).

And of course the bill contains no exception even for material of genuine historical interest; after all, such speech would have to be removed if it was “no longer material to current public debate.” Nor is there an exception for autobiographic material, whether in a book, on a blog or anywhere else. Nor is there an exception for political figures, prominent businesspeople and others.

But the deeper problem with the bill is simply that it aims to censor what people say, under a broad, vague test based on what the government thinks the public should or shouldn’t be discussing. It is clearly unconstitutional under current First Amendment law, and I hope First Amendment law will stay that way (no matter what rules other countries might have adopted).

Remember: There is no “right to be forgotten” in the abstract; no law can ensure that, and no law can be limited to that. Instead, the “right” this aims to protect is the power to suppress speech — the power to force people (on pain of financial ruin) to stop talking about other people, when some government body decides that they should stop.

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  • Shawn Hill

    CONFUSING! therefore it shall not pass. 1st amendment stand FOREVER!

  • rb s


  • Phil_Ossifer

    “No longer relevant to public debate.” What the hell does that mean? This is written so broadly that it could cover just about anything. Talk about a can of worms… This is simply an attempt to legalize the rewriting and censorship of historical record that SJWs and similar scum don’t like because it’s “offensive” to their widdle snowflake minds. The SJW scum think that with no written evidence or memorials they will be free to substitute their own version of history and nobody will question it. Typical liberal SJW bullshit.

    • jimmy joe

      No, typical govt bullshit!! Remember when the nation’s school history books were to be”rewritten” to favor a more “conservative” narrative?? Do you remember, because I certainly do, and am VERY glad not to have children in this completely FUCKED UP “country”!! demacans/republicrats = SAME THING!!

      • tscull

        Nope never happened!

  • Tatiana Covington

    Millions of laws legislators have spoken,
    A handful the Creator sent.
    The former are being continually broken,
    The latter can’t even be bent.

  • Mike

    To dumb ass New York Assemblyman the point of free speech is that NO ONE CONTROLS IT.

  • SP_88

    What is wrong with New York? Why is it so full of progressive trash who want to control everyone?
    These cretins are continuously trying to violate the rights of the people. It’s as if they never even heard of the Constitution.
    New Yorkers need to wake the hell up before they lose all their rights.
    And obviously this communist shit is not just limited to New York. These scum are all over the country. And they need to be stomped out. Them and their unConstitutional agenda.
    Traitors like this should be impeached or recalled immediately just for suggesting a bill like this. It is clearly unConstitutional.
    Nobody has the right to patrol the internet looking for things they don’t like so they can remove them or fine the person who wrote it.
    The first amendment is freedom of speech, freedom of the press, freedom of expression, etc, and nobody has the right to censor or suppress our freedom. We can say or write whatever we want. And yes, that includes yelling fire in a crowded place. There is no law against yelling fire in a crowded place. And there is no law against saying that someone is an asshole either. Especially if it’s one of these scumbags from New York who wants to try and take away my right to free speech.
    If the people were smart, they would show their disdain for people like that by voting for someone else next election. Or better yet, start a petition to have these traitors recalled now. Why wait until they do any real damage to America.

  • Mr. Manfredgensenden

    Mr. Weprin, Mr. Avella…the rational people of America think your bill is irrelevant and excessive, please stop saying that. There, see how that feels?

  • TrevorD

    And another paid and controlled psycho attemting to push the NWO agenda for our beloved leaders

  • Larry

    It would shut down libtards permanently. No more “Fake News.”

  • mayday911us.

    Wow this is new for New York State.

  • travis690

    That moron is living proof of what happens when we fail to teach our Constitution to the current generation of “lawmakers”. For such an affront to our nation’s laws, he deserves being thrown out of office by his voters.

    • g.johnon

      out of office and straight into the wood chipper.

  • RandyJ/ProudSurvivor

    These kinds of laws are meant to run interference for a much larger aim-the eventual validation of “net neutrality”. Wait for it….

  • tscull

    Well in NY this just might fly.

    • MarkovDeBeeste

      If you tried to pass a law like that in some other places the only things that would fly are bullets.