Tuesday, January 9, 2018

This is what patriotism looks like: President of Macmillan responds in memo to Trump's Cease and Desist Demand


Mod: Great Daily Kos article on Trump's latest attack on the free press.

Fire and Fury: President of Macmillan Responds in Memo to Trump's Cease and Desist Demand (Daily Kos link): Macmillan Publishers and their President, John Sargent, responded to the Trump administration’s demand they "immediately cease and desist from any further publication, release or dissemination" of Michael Wolff’s bestselling book, Fire and Fury. In the memo to employees, Mr. Sargent succinctly lays out the constitutional basis for Macmillan’s refusal to comply with this clearly fascist attempt to stifle the free press, and makes it clear this is about much more than just this one book.

Below is Sargent’s full letter:

To: All Macmillan Employees
From: John Sargent

Last Thursday, shortly after 7:00 a.m., we received a demand from the President of the United States to “immediately cease and desist from any further publication, release or dissemination” of Michael Wolff’s Fire and Fury. On Thursday afternoon we responded with a short statement saying that we would publish the book, and we moved the pub date forward to the next day. Later today we will send our legal response to President Trump.

Our response is firm, as it has to be. I am writing you today to explain why this is a matter of great importance. It is about much more than Fire and Fury.

The president is free to call news “fake” and to blast the media. That goes against convention, but it is not unconstitutional. But a demand to cease and desist publication—a clear effort by the President of the United States to intimidate a publisher into halting publication of an important book on the workings of the government—is an attempt to achieve what is called prior restraint. That is something that no American court would order as it is flagrantly unconstitutional.

This is very clearly defined in Supreme Court case law, most prominently in the Pentagon Papers case. As Justice Hugo Black explained in his concurrence:

“Both the history and language of the First Amendment support the view that the press must be left free to publish news, whatever the source, without censorship, injunctions, or prior restraints. In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government’s power to censor the press was abolished so that the press would remain forever free to censure the Government.”

Then there is Justice William Brennan’s opinion in The New York Times Co. v. Sullivan:

“Thus we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.”

And finally Chief Justice Warren Burger in another landmark case:

“The thread running through all these cases is that prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights.”

There is no ambiguity here. This is an underlying principle of our democracy. We cannot stand silent. We will not allow any president to achieve by intimidation what our Constitution precludes him or her from achieving in court. We need to respond strongly for Michael Wolff and his book, but also for all authors and all their books, now and in the future. And as citizens we must demand that President Trump understand and abide by the First Amendment of our Constitution.

sierramadretattler.blogspot.com

76 comments:

  1. Thank you. I thought you might begin todays writtings on "Oprah for President!", "now you get a car, and you get a car", and so on.
    So the press must be free to print anything, whatever the source...
    Fake or Real, Hollywood style gossip or the King James Version. These are just some of the reasons why so many wish to come to this country; Democracy.
    Commerce will determine the fate of Wolff's words.
    If this is the best the Libs have; bring it on.
    Everyone enjoys humor.

    ReplyDelete
    Replies
    1. Yeah, freedom of speech is a very American kind of thing. Why do you think the Founding Fathers put it first?

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    2. When you’re ready to have a grown up conversation let us know.

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    3. Justifying censorship is kind of numbskulled for an adult. You sure this is where you want to go?

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    4. The largest source of fake news in America is Donald Trump.

      President Trump has made 1,628 false or misleading claims over 298 days
      https://www.washingtonpost.com/news/fact-checker/wp/2017/11/14/president-trump-has-made-1628-false-or-misleading-claims-over-298-days

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    5. 6:04? Dr. Orwell will see you now.

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    6. "If this is the best the Libs have; bring it on."

      Comrade 6:04: You realize, don't you, that you just equated truth about the current corrupt president to liberalism? Better hope your Master Vlad doesn't get wind of this. Gulag is pretty chilly this time of year.

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    7. Only fools follow a fool. 6:04 is a fool.

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  2. This is what a fascist dictator looks like.

    ReplyDelete
    Replies
    1. "preserve, protect, and defend the Constitution of the United States"

      There you go! It's in that oath which is explicitly given within said constitution. Either one abides by that oath, or one has no business in the office for which the oath was taken. It is really that simple.

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    2. If it's all lies, why bother trying to stop its publication?

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  3. Trump is a snowflake.

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  4. Rep. Ed Royce is another running rat. The 8th GOP Committee Chairmen to announce he won't be running for reelection
    https://www.washingtonpost.com/news/powerpost/wp/2018/01/08/rep-ed-royce-of-california-to-retire-the-8th-gop-chairman-to-bow-out-ahead-of-midterms/?utm_term=.12c319931ae1

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  5. This what you get when you let Republicans get any influence or control over 'free people' all of a sudden they want you to kneel and kiss their hands, time to overthrow these neo-tryants. Down with those Republicans in office anywhere, root them out like they carry the plague.

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  6. I wanna see the video of Kelly or someone in the White House reading this memo to Doofus and explaining to him what the big words mean. Just once, I want to see the look on that fat fool’s face when he gets told “NO”....you can’t do that. No court in the land will back you up. With any luck, his head will swell up like a balloon and his wig hat will fly off. I’d pay money to see that.

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  7. If Trump had been smart enough to keep his big blowhard trap shut about Wolff's book it wouldn't have sold half as many copies.

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  8. I agree 7:51. Also if Trump had been smart enough to keep his big blowhard trap shut, Colin Kapernick, no longer in the NFL, would have been the only one kneeling before a game. Trump's the one who made it so controversial. 6:04 - let Commerce decide? Yeah, the public has decided. Bookstores can't keep the book on the shelves, have to go on a waiting list. I guess I'll order mine for my kindle. It is pretty funny as well as sad that all the Republicans who see the writing on the wall will not be running for reelection. Not only has Trump tried to ruin American independence, world leadership, you name it, but now "Republican" is a dirty word!

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    Replies
    1. Colin didn’t need trump

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    2. Face it, Trump is a 70 year old man who spends a large part of his day watching Fox News. And he acts like it.

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  9. Is Wolff's book still selling? The build up and early release of the book is an old publishing trick, when you have to peddle a paperweight book of nonsensical blurbs.

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    Replies
    1. Why you so personally butt-hurt about a book?

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    2. Wolff's book is #1 world wide. Amazon is backed up with orders for a month.

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  10. "Liberal: worshipper without power".
    George Orwell 1984, so 30 years ago!
    Try reading his quotes; maybe "you" will learn something.
    Mr.Orwell did not have time to contemplate the empty headedness of individuals that stand back and let life happen to them.
    Mr. Wolff falls into that category.
    His book is fluff.

    ReplyDelete
    Replies
    1. Why you so personally butt-hurt about a book?

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    2. If it is fluff why is the orange guy losing his mind?

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    3. dude never really had much of a mind to start with.

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    4. Orwell's 1984 was published in 1949 70 years ago not 30. When your Orange God was born. 1984 was fiction you know?

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    5. 8:45 posted gibberish.

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  11. 8:29am. Lemmings! Words do matter and words can hurt you.
    Bullies should know, that if i were rubber and you were glue everything you say will bounce off of me and stick to you!

    ReplyDelete
  12. Mr. Wolff should have written about all of the hypocrisy that is being played out on Capital Hill.

    ReplyDelete
    Replies
    1. By the time November rolls around half of the Republicans in Congress will have quit. Snowflakes!

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  13. 18 Billion dollars. Build the wall.
    Immigration reform, which red lines will be crossed?
    Bipartisan group meeting now.

    ReplyDelete
    Replies
    1. Hell no, trump promised that the wall would only cost 4 billion. He lied

      I regret voting for him

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    2. That wall is down to a quarter of the original size, the cost is now $18 billion and Mexico isn't paying for it.

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    3. Yeah- he vowed Mexico would pay! Troll chump got trumped!!

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    4. Unfortunately we are all going to get stuck with the bill.

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    5. No way- make the trumptards pay

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  14. I am most distressed at this point in Trump's disastrous Presidency in the recending of the Salvadorian refuge status. How do you provide "temporary" status for people and have them stay and stay and stay (18 years) and have children, develop businesses, buy homes, establish themselves as loyal North Americans and then give them less than two years to get the hell out. And DACA--anything less than permanent status is inhumane. We have a larger population of people of Belizian origin than the population of Beliz today who were given permanent status after a hurricane demolished 80% of the villages and cities in the early 1960s. American was seen as a land of humanity and care and solice. Now? Imagine the TV coverage when Trump's wall is one day torn down, in the distant future, as was the Berlin wall.

    ReplyDelete
    Replies
    1. What's a loyal North American?

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  15. I don't care how much it costs to build the #@^# wall, just build it. Good fences make good neighbors.

    ReplyDelete
    Replies
    1. Are you paying for it?

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    2. Baloney 9:49. I heard a military expert saying this is like building a moat and arming yourself with a blunderbuss.

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    3. let's give them your bank account #, ok pal?

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  16. 9:22am
    Don't be such a simpleton.
    The natural disasters in 2017 have totals up to 306 billion alone.

    ReplyDelete
    Replies
    1. Trump has been a plague on this land.

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  17. 9:45am Fine example of hypocrisy.
    The ground rules were laid out years ago for the departure date of Salvadoran's.
    President Obama began the deportation, quietly.
    President Trump has asked for a resolution from a bipartisan decision going fotward.
    Let's wait and see what the Dems and GOP'S come up with.
    Until this is resolved, many other individuals that have applied for status to come to this country are on hold.
    What is fair about assistance to one group at the expense of another?

    ReplyDelete
    Replies
    1. Ask the Israelis, they receive a disproportionate amount

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  18. I am proud that the person I casted my ballot for, is now the President of the United States.
    This man is following through with the promises that he made when he was a canadaite. How many times can we American's say that has happened?
    I am about putting this country first; Americans first.
    The generosity of this country will follow.

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  19. Imagine neighbor fighting neighbor? When the wall is finally built, I will protect it from ever being torn down.
    "You" 9:45am, write as if the USA were a Communist country; if you have experienced living under true dictators, you would honor this President and support America first.

    ReplyDelete
  20. "Wheeling and dealing on live T.V."
    President Trump making bipartisan immigration push with T.V. cameras rolling during the meeting. It has never happened before, the vail of what transpires in private White House meetings has been lifted.
    Public perceptions about President Trump and his abilities to negotiate and lead this country were on live T.V. and show that he is up to task.

    ReplyDelete
    Replies
    1. Trump foundation- fail
      Trump steak - fail
      Trump U - fail
      Trump casino - fail

      Dude is just a plain old NYC hustler
      No skill

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    2. If Trump had simply put the money his daddy gave him in the bank and just let it collect interest he'd be a far wealthier man today.

      Delete
  21. Steve Bannon steps down from Breitbart News.

    ReplyDelete
    Replies
    1. yawn

      no one read that fake news source to bring with

      Delete
  22. "Someone's already been killed"because of the Trump Dossier.
    Fusion GPS Founder's Senate Testimony of 312 pages released.
    Bombshell; this helps the President.

    ReplyDelete
    Replies
    1. You either didn’t read it or you’re a Russian sycophant if you think the transcript helps Trump, or more likely both.

      It does show how Grassley is a complete and unpolegetic liar.

      Delete
  23. I used the term loyal "North" Americans when speaking of people from other parts of the Western Hemisphere as people from the United States don't appreciate that people from Mexico and Canada are North Americans. It is sometimes not so clear in shortened discourse.

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  24. 9:45 has a name. You can call her a hypocrite to her face if you want.

    ReplyDelete
  25. Imagine a border wall plowing through the terraine such as Joshua Tree National Park. There are areas like that east of San Diego. You would have to have the equivalent of a four lane highway causing huge environmental destruction and more equipment to maintain as is the current "wall" here and there being breeched over and under and through.

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  26. 12:22pm. Like your gonna contribute? do you even work or pay taxes? have you over stayed your visa? What's your beef?

    ReplyDelete
  27. For the sake of debate:
    Starting points, willingness to compromise.
    The Art of the Deal.
    Immigration; the "bad ones" must leave; and those whom have over stayed their Visa, must return to their home countries and renew their Visa and wait their turns.

    ReplyDelete
  28. A real estate agent is preparing to run for City council. Mater Dolorosa should be pleased.

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  29. Important Observations:
    The Dump supporters who post to this blog share the following.
    1. Their writing skills are poor, near 3rd grade level.
    2. Their posts are reactionary in tone, with no purpose.


    ReplyDelete
    Replies
    1. Some of them are from another country.

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    2. Don't worry comrade. No one here does.

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    3. I heard Obama is from another country. Trump said so a hundred times. He would never lie to me.

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  30. 4:54pm. What ever someone's background, they should appy to run for council.
    Just as long as it is not that Real Estate guy who writes letters for the Preserve Sierra Madre group, he was only out for his best interests.

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  31. So 2:29pm., you are saying that Salvadorans' should relocate to Canada and or Mexico?
    Relocation in the 80's, for any group, was made clear back then what the perimeter of assistance was.

    ReplyDelete
  32. State and Federal lawsuits being filed on Fusion GPS.

    ReplyDelete
    Replies
    1. Time to release the Pee Pee Tapes.

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  33. Drain dem swamps!

    A panel of three federal judges in North Carolina struck down North Carolina’s congressional map Tuesday, saying it went so far to benefit Republicans that it violated the U.S. Constitution.

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  34. Wow!! In reading how Dump waffled back and forth in today’s immigration meeting, in which many in the meeting were very confused at what he said, it’s just the beginning of why his aides will hide him. He’ll be allowed less on camera and be kept from recorded meetings, eventually only allowed to blab using a TelePrompTer. Dump will be hidden, similar to how Regan was. He’s losing what little remains of his mind.

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