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Eugene Volokh on Gun Rights, Free Expression, and the Nanny State

Tue, 02 Mar 2010 07:00:00 EST

Reason.tv's Ted Balaker sat down with Eugene Volokh, professor of law at the UCLA School of Law and founder of The Volokh Conspiracy, to discuss gun rights, free expression, and the Nanny State.

Find out what Volokh thinks the biggest threats to free expression are, and whether today's muzzlers come mostly from the left or right. Volokh also explains what the landmark Supreme Court case, DC vs. Heller, has done to gun control and whether he agrees with the "more guns, less crime" thesis.

Other topics include: media bias and gun rights, Alabama's prohibition on selling sex toys, and whether judges can be nannies.

Interview by Ted Balaker. Shot by Alex Manning and Hawk Jensen. Edited by Paul Detrick.

Approximately nine-and-a-half minutes.

3 Reasons Not To Sweat The Citizens United Ruling

Wed, 03 Feb 2010 07:00:00 EST

No recent Supreme Court ruling have evoked more liberal fury than Citizens United v. Federal Election Commission, a campaign-finance case involving government censorship of a political documentary called Hillary: The Movie. The Federal Election Commission prevented the anti-Hillary Clinton film from being shown on television just before the 2008 Democratic primaries, a decision that was upheld by lower courts. Siding with The First Amendment, the Court struck down laws regulating independent political advertising by for-profit and non-profit corporations before an election even as they reaffirmed rules about disclosure and disclosures for ads and against direct corporate giving to candidates.

Critics fear that corporations will now overwhelm the political marketplace with commercials and advertisements that will program citizens to vote for whatever agenda "the corprations" want at a given moment.

MSNBC's Keith Olbermann railed against the decision, calling it "a Supreme Court-sanctioned murder of what little democracy is left in this democracy" and comparing it to the notorious Dred Scott decision, which ruled that blacks had no rights under the Constitution. His fellow corporate media host at MSNBC, Rachel Maddow, exclaimed, "If you are a regular person who has ever made a campaign donation before, forget about ever having to do that again. What's the point?"

Cyberlaw theorist Lawrence Lessig has called for a consitutional amendment to roll back the Citizens United ruling and President Barack Obama called out the Supreme Court during his 2010 State of the Union address, proclaiming to a standing ovation:

The Supreme Court reversed a century of law that I believe will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections.

Is there any truth to some hyperbolic, doomsday scenarios? In a word, no. The Citizens United ruling increases freedom of political speech, not simply for powerful, politically connected corporations like Citigroup, AIG, and the companies that run The New York Times and other media outlets, but for small-pocketed nonprofits such as Citizens United too. If you want to get bent out of shape about something, direct your ire at a massive and constantly growing government that has its hands in virtually every aspect of economic and social life in America.

"3 Reasons Not to Sweat The Citizens United Ruling" was written and produced by Meredith Bragg and Nick Gillespie, who also hosts.

For Reason.com's archive on the Citizens United case, go here.

Approximately 3.30 minutes. Scroll down for downloadable versions.

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Writer-director Marcus Dunstan on "torture porn," censorship, and his new film Saw VI

Thu, 22 Oct 2009 10:00:00 EDT

Reason.tv's Ted Balaker sat down with filmmaker Marcus Dunstan who, along with his writing partner Patrick Melton, wrote the last three Saw films, including Saw VI, which hits theaters October 23. This summer Dunstan made his directorial debut with The Collector, which he and Melton also wrote. (Disclosure: Balaker's wife was a producer on The Collector.)

In this eight-minute interview, Dunstan and Balaker discuss Saw VI, censorship, red band trailers (which cannot be shown on television), how new media outlets like Ain't It Cool News are challenging traditional tastemakers, and whether calling a film "torture-porn" is actually a compliment.

Reason.tv's Marcus Dunstan interview was produced by Ted Balaker. Director of Photography: Alex Manning; Set Designer: Hawk Jensen; Editor: Zach Weissmueller; Associate Producer: Paul Detrick.

Cuban Punk Gorki Aguila on Music, Life, and Getting Led Zeppelin Records in Cuba

Tue, 13 Oct 2009 12:31:00 EDT

Gorki Águila is blunt in his assessment of Fidel Castro's half century of revolution: "Communism is a failure. A total failure. Please, leftists of the world-improve your capitalism! Don't choose communism!" Águila, a Havana resident, wears homemade anti-government t-shirts, frequently denounces the Castro brothers as geriatric tyrants, and heads up perhaps Cuba's only explicitly political punk band, Porno Para Ricardo. And because of his stubborn belief in free speech, he is routinely arrested on charges of "social dangerousness." Tired of his anti-regime music, Cuban authorities made the rare decision to grant Águila a visa to travel abroad, perhaps hoping that he wouldn't return.

In September, Reason.tv's Michael C. Moynihan caught up with Águila on the Washington, D.C. leg of his American promotional tour to talk about his music, the origins of Porno Para Ricardo, and how long it takes to get Led Zeppelin records in a totalitarian society.

Approximately 7 minutes. Shot by Meredith Bragg. Edited by Dan Hayes.

Throw-Pillow Fight

Wed, 01 Apr 2009 07:00:00 EDT

Should moving a throw pillow get you fined or jailed?

With all the artistry and attitude, it's no wonder design shows are so much fun. But are the people on those shows putting your life, and even the president's life, at risk?

Natasha Lima-Younts can't see how she's putting anyone's life at risk. She's been an interior designer for more than 20 years. She started her own business, and hired dozens of employees. She has an extensive portfolio and magazine features about her work. What she doesn't have is a state license. That doesn't bother Yount's client Angie Stoeker, who loves what Younts has done with her home, but it does bother those who push for licensing laws.

Alabama politicians once threatened unlicensed designers with jail time—moving a throw pillow could get you a year behind bars—and 22 states plus the District of Columbia regulate interior designers. Industry groups lobby for such laws because they say unlicensed designers put lives at risk. "Every decision an interior designer makes affects the health, safety, and, welfare of the public," says the the American Society of Interior Designers. Another group implies that "confusing floor patterns" and other items installed by unlicensed interior designers cause 11,000 deaths per year.

Reason.tv's Nick Gillespie went looking for dead bodies, and for an explanation for why the state of Florida launched a legal case against Younts. State regulators demand that she obtain a license, a license she says she doesn't need, a license that could cost her six years and hundreds of thousands of dollars.

Do licensing laws protect consumers from death and destruction or, as the Interior Design Protection Council argues, do they protect licensed designers from competition? Should Younts be stripped of the career it took her decades to build? Should President Obama be worried about his interior designer, the unlicensed Michael Smith? Jump into the throw-pillow fight and decide for yourself.

"Throw-Pillow Fight" is written and produced by Ted Balaker. Director of photography is Roger Richards.

Reason.tv at Sundance: Shouting Fire!

Thu, 29 Jan 2009 09:30:00 EST

Martin Garbus' client list spans from Nelson Mandela to Don Imus. He defended comedian Lenny Bruce against obscenity charges and argued for neo-Nazis' right to march in the predominantly Jewish town of Skokie, Illiniois.

Garbus is featured in the new documentary Shouting Fire: Stories from the Edge of Free Speech. The film is directed by his daughter Liz Garbus, and screened at the Sundance Film Festival.

Reason.tv's Ted Balaker caught up with Martin Garbus at the Sundance Film Festival in Park City, Utah.

Killer Chic

Thu, 11 Dec 2008 06:29:00 EST

Gisele Bundchen wears him on the runway, Johnny Depp wears him around his neck, and Benicio Del Toro becomes him in the new, highly acclaimed, two-part epic film from Steven Soderbergh, Che. Ernesto "Che" Guevara, the revolutionary who helped found communist Cuba, is the celebrity that celebrities adore. And be it Madonna, Rage Against the Machine, or Jay-Z, musicians really dig Che.

It’s something that baffles Cuban jazz legend Paquito D’Rivera. “Che hated artists, so how is it possible that artists still today support the image of Che Guevara?” Turns out the rebellious icon that emblazons countless T-shirts actually enforced aesthetic and political conformity. D’Rivera explains that Che and other Cuban authorities sought to ban rock and roll and jazz.

“Che was an inspiration for me,” D’Rivera tells reason.tv. “I thought I have to get out of this island as soon as I can, because I am in the wrong place at the wrong time!” D’Rivera did escape Cuba, and so far he’s won nine Grammy awards playing the kind of music Che tried to silence. But D’Rivera says Che’s crimes didn’t end with censorship. “He ordered the execution of many people with no trial.” Che served as Castro’s chief executioner, presiding over the infamous La Cabana prison. D’Rivera says Che’s policy of killing innocents earned him the nickname—the Butcher of La Cabana.

“We’re rightly horrified by fascist murderers like Adolph Hitler,” says reason.tv’s Nick Gillespie. “Why aren’t we also horrified by communist killers?” Certainly, Che’s body count isn’t anywhere near Hitler’s. But what about someone Che idolized, someone whom he might have liked to wear on his chest?

“Che, Castro, all the communist regimes idolized only one thing that Mao personifies—violence.” Kai Chen grew up in China under the reign of Mao Zedong. Although he won gold medals for China’s national basketball team, Chen’s was far from the celebrity life of an NBA star. Says Chen, “You have no right to talk, and you have no right to think.”

The punishment for questioning Mao’s authority was often death. The Black Book of Communism estimates that Mao is responsible for the deaths of 65 million people—a figure that dwarfs even Hitler’s body count. “Mao is a murderer,” says Chen. “The biggest mass murderer in human history.”

And yet, like Che, Mao’s image is becoming an increasingly popular way to move merchandise. You can buy Mao t-shirts, mugs, caps—you name it. Near Chen’s Los Angeles home there’s even a restaurant called Mao’s Kitchen. “Can you imagine a restaurant called Hitler’s Kitchen?” asks Gillespie.

Neither D’Rivera nor Chen understands why communist killers are considered Chic, but each finds his own way to have the last laugh on these anti-capitalist icons.

"Killer Chic" is written and produced by Ted Balaker. Director of Photography is Alex Manning.

Closing music, "Che Guevara T-Shirt Wearer," courtesy of The Clap. Listen to the whole song here.

The United States v. John Stagliano

Wed, 20 Aug 2008 00:00:00 EDT

In April, the government indicted pornographer John Stagliano in a federal court in Washington, D.C. on multiple charges of obscenity for producing and distributing two fetish movies, Milk Nymphos and Storm Squirters 2: Target Practice, and a trailer for another porn collection. All appeared on his company's adult-only website, evilangel.com.

If convicted and sentenced to maximum jail time on each charge, Stagliano, one of the most popular, innovative, and award-winning XXX-rated movie kings in history, effectively faces a lifetime sentence. His next court date is scheduled for November, shortly after Election Day.

In April, reason.tv's Nick Gillespie talked with Stagliano in a candid, wide-ranging 20-minute conversation about the government's case against him and his defense strategy, the role that porn plays in the average viewer's life, how he came to his libertarian beliefs, how contracting HIV was the best thing that ever happened to him, his record of innovation in the adult-film world, and much, much more.

To listen of an audio podcast, go here.

To read a partial transcript of the interview, go here.

Who's Winning the War on Sex?

Wed, 02 Jul 2008 00:00:00 EDT

reason.tv recently caught up with author Marty Klein to chat about his book America's War on Sex: The Attack on Law, Lust and Liberty.

"Our glorious Constitution," says Klein, a certified sex therapist and frequent expert witness in anti-censorship court cases, "guarantees us the widest range of right civilization has ever seen. Why are those rights systematically damaged and repealed when it comes to sexual expression?"

Approximately four-and-a-half minutes.

Porn Star Politics

paul.feine@reason.tv (Paul Feine) — Fri, 29 Feb 2008 18:06:00 EST

Hustler magazine publisher, Larry Flynt, has been pushing the envelope of taste, and fighting for his right to do so, since the 1970s. In a 1988 landmark Supreme Court case, the court held that Flynt had the right to publish a parody ad in which evangelist Jerry Falwell--an outspoken critic of Flynt--describes his "first time" as having been with his mother, "drunk off our God-fearing asses," in an outhouse. The justices held that a parody of a public figure is protected under the 1st Amendment even if it is "doubtless gross and repugnant."

In that case alone, Flynt spent $3 million fighting for our first amendment rights (thanks, Larry!) and, amazingly, he and Falwell eventually became close friends.

Today, Hustler continues to explore the intersections of porn and politics. This video provides a rare look at US politics through the eyes of porn stars.

EXPELLED

ted.balaker@reason.tv (Ted Balaker) — Mon, 28 Jan 2008 12:04:00 EST

Ben Stein's entry into the world of feature-length documentaries:

Ben realizes that he has been “Expelled,” and that educators and scientists are being ridiculed, denied tenure and even fired – for the “crime” of merely believing that there might be evidence of “design” in nature, and that perhaps life is not just the result of accidental, random chance.

Go here for some trailers, and an O'Reilly Factor appearance by Stein, in which Bill declares that the "secular pinheads haven't figured it out."

RELATED: Reason.tv interviews Michael Shermer .

Thai flight attendants not necessarily sexy

ted.balaker@reason.tv (Ted Balaker) — Wed, 23 Jan 2008 19:34:00 EST

Nor are they bed-hopping brawlers who tussle with co-workers at 35,000 feet.

That’s the message being delivered by members of the Thai Airways union. They’re furious about how a popular soap opera depicts their profession, and are pressuring the Thai government to can “War of Angels.”

Although a ban seems unlikely, the series’ creator has buckled somewhat. He promises there will be no more girl-on-girl fights while flight attendants are on duty or in uniform in public.

Long-Arming the Libel Tourist

jsullum@reason.com (Jacob Sullum) — Mon, 19 Nov 2007 17:06:00 EST

Last week the New York Court of Appeals heard arguments in a case that pits freedom of speech against British libel law. Israeli-American criminologist Rachel Ehrenfeld is challenging a libel judgment against her obtained by Saudi billionaire Khalid bin Mahfouz, whom she identified in her 2003 book Funding Evil as a source of financial support for terrorism. Last June the U.S. Court of Appeals for the 2nd Circuit allowed her lawsuit to proceed, but the case hinges to some extent on issues of state law, one of which the New York Court of Appeals is now considering: whether New York's "long arm" statute can reach a defendant such as Bin Mahfouz who is outside the U.S.

Calling Bin Mahfouz to account before a U.S. court seems only fair, given his strategy in trying to shut Ehrenfeld up. Although her book was published in the U.S., Bin Mahfouz sued her in London to take advantage of England's pro-plaintiff libel rules, which he has used to intimidate other critics into silence. The excuse for suing Ehrenfeld in the U.K. was that people there (possibly cronies of Bin Mahfouz) had bought 23 copies of the book online. In 2005 a British judge issued a default judgment against Ehrenfeld, ordering her to apologize, pay Bin Mahfouz about $230,000, and destroy all copies of her book. Jared Lapidus, a fellow at the Moving Picture Institute ("Promoting Freedom Through Film"), has produced an eight-minute documentary about the case, which the prominent civil libertarian (and reason contributor) Harvey Silverglate calls "one of the most important First Amendment cases of the past 25 years." Although Lapidus gets a little distracted by how awful the Saudis are, the video does communicate the dangers of libel tourism pretty well.

I mentioned the Ehrenfeld case on Hit & Run last month. Silverglate considered the implications in a 2006 Boston Globe op-ed piece co-authored by Samuel Abady. Katherine Mangu-Ward interviewed Rob Pfaltzgraff, the Moving Picture Institute's executive director, in the October issue of reason.