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Armed with an AR-15 and looking for trouble where you dont belong and werent invited allows you to shoot anyone you feel is a personal threat? You get to be the judge, jury, and executioner, especially if you are a white male.

Would those loudly applauding the Rittenhouse jurys verdict celebrate if he had been black? Absolutely not.

Charlton Heston, of Moses and NRA fame, proclaimed the second amendment to be the ''most vital'' of all the amendments and was ''more essential'' than the First Amendment. ''It is America's first freedom, the one that protects all the others. The right to keep and bear arms is the one right that allows rights to exist at all.''

He got it backward. Streets filled belligerent white men in the latest camo fashions and semi-automatic weapons could get away killing those whove assembled to protest, say, Americas promiscuous gun laws. The killers then claim self-defense because they felt threatened. The First Amendment be damned.

Disclaimer: As submitted to the Arizona Daily Star.

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More:
Letter: The Second Amendment Swallow the First | Letters to the Editor | tucson.com - Arizona Daily Star

Hello, hello. I hope you all had a nice holiday and are ready for another one. Last week we looked back on 2021, and this week, were looking forward to 2022. We have a couple quick news hits from last week to get through first, but then Aria and I will offer our predictions for the year to come. Off we go.

Project Brazen and Audiation ordered to release audio recorded for Fat Leonard

In a troubling precedent for journalism, a judge in San Diego ruled the podcast companies behind Fat Leonard, Project Brazen and Audiation, must share all recorded audio from their lead character, Leonard Glenn Francis even audio that wasnt included in the shows final cut. The San Diego Union-Tribune has all the details, but essentially, the podcast tells the story of fraud and bribery within the US Navy. Six naval officers are currently accused of criminal bribery and are heading to trial in February. One of the officers legal team subpoenaed for the audio recordings, which they say might hold critical information for the defense, given that Francis is a key witness.

Per the paper, the judge said the naval officers Fifth and Sixth Amendment rights to due process and confrontation are paramount and overshadow the podcast producers First Amendment rights to protect their sources and unpublished materials. Instead of quietly submitting the audio to the lawyers, the companies instead released all 20 hours worth publicly on Dropbox.

We disagree with this ruling and believe it sets a bad precedent for media freedom in the US, tweeted Project Brazen co-founder Tom Wright. We here at Hot Pod agree.

Twitter Spaces reaches 2 million users

Last week, The New York Times published a story about the ongoing war between Clubhouse and Twitter Spaces. Both are competing for show hosts and users, who have switched between the two platforms. The story also includes a couple number nuggets that are worth calling out: Spaces reached 2 million users in recent months, while Clubhouse says the app was downloaded 1.8 million times in November alone. The two apps are fighting and growing: thats how were ending the year, and Im sure its how well continue to talk about the apps in 2022.

Automattics CEO wants to keep podcasting open

Protocol published a great profile last week of Matt Mullenweg, CEO of Automattic, the company behind WordPress and Tumblr, as well as the acquirer of Pocket Casts. The story mostly focuses on Mullenwegs personal journey to this point and the ethos that drives him. For us, that also means the chance to piece together his vision for podcastings future, too, and how Pocket Casts fits into it.

There is one thing that binds the many products under the Automattic umbrella together: a bet on and belief in the open web and open-source software, writes David Pierce. Most people will tell you it feels like the future of tech hangs in the balance. But the way Mullenweg sees it, open is still going to win. Its not a matter of if, only when. And all hes trying to do is help make it happen a little faster.

A win for all the folks rallying against the closed platforms.

What happened to Dan Bonginos threat to quit his radio show over a vaccine mandate?

We wrote here about podcaster and radio host Dan Bongino threatening to quit his show over Cumulus Medias vaccine mandate. That was months ago, however, and Bongino is still on the air. What happened? The Washington Post pointed at the obvious thing the lack of Bongino actually doing anything and provided an update. People in the story call the whole thing a stunt while Bongino says hes in an ongoing fight with the company and hasnt quit because he needs to protect his staffs jobs. Whos surprised? (If you want even more Bongino content, The New Yorker published a profile of him yesterday.)

And now

Welcome to the prediction party

Lets get to the predictions. Both Aria and I wrote up what we expect to see and cover next year. Were ready to be held accountable for these guesses, and I know we can count on you all to do so!

Facebook will start hosting and monetizing podcasts

Facebook got into podcasts this past year by allowing hosts to distribute their RSS feeds on Pages, and next year, I believe the company will start hosting and monetizing shows no RSS feed required. Of course, saying this will happen in 2022 requires Facebook prioritizing and building the functionality, and its unclear how invested it is in actually doing it. But I do believe hosting and monetization is Facebooks ultimate goal in the space, so I anticipate seeing it happen at some point. -AC

More headline-making podcast appearances

While podcasts are increasingly a stop on celebrities press circuits, they remain the intimate medium theyve always been: guards are lowered and conversations get real. Given this intersection, were likely to hear more and more high-profile people saying some pretty jarring things on tape. As a reminder, the next host of Jeopardy! was ultimately fired from his role because of horrendous things hed said on a podcast years before, ostensibly emboldened by the casual setting. Just months after he was let go, another person whod once had the stamp of approval from the educational TV show football player Aaron Rodgers traded his squeaky-clean public persona for praise of ivermectin, all over the course of 45 minutes on the podcast The Pat McAfee Show 2.0. Were in for quite a ride as even more people try out the medium. -AB

There will be fewer exclusive show deals and more windowing

Spotify popularized the idea of shows going exclusive to one platform, but looking ahead, I foresee this trend fading out. If ad revenue is the primary goal for most of the big platforms, minimizing shows audiences by housing them in one place doesnt make much sense. Instead, I expect to see more deals like the one between Amazon Music and SmartLess with one week of exclusivity, or Amazon Music and 9/12, which offered the entire, bingeable show on the app with only one episode per week released elsewhere. Now, a two-for-one prediction: I also expect more Spotify-exclusive deals will not re-sign. The big paycheck is nice, but it likely comes at the expense of reach and influence. -AC

Salaries become standardized (through solidarity)

When hiring for one-off audio positions, people continue to reference the rates and best practices made publicly available by the organization AIR, and I have a feeling folks will soon realize they want (read: need) standards for staff positions, too especially as more of those positions are created. There arent many places to turn to for that information, though. I predict current salaried workers will soon act on that, and that at least part of it will be bold, public, and online, even if demystifying money by just talking about it has mostly been the domain of freelancers. -AB

Every Tuesday receive analysis, insights, and commentary on the growing audio industry.

A more built-out Spotify Wrapped for podcasts

Still only two slides dedicated to podcasts? Ive gotta say, I expected more from a company that spent this whole year trying to prove it did more than music. -AB

Podcasts become a way to sell products, especially by influencers

You can already argue that podcasts are an important sales channel because of promo codes and direct response advertisers, but I imagine we might see affiliate revenue play a bigger role in 2022. Influencers could still launch shows with the primary intention of using them as a way to connect with fans, but increasingly, they may just want to sell more stuff. It could be their own product line or an affiliate partnership with a larger company. I suspect this is why Amazon is taking an interest in the space podcasts move product, and Amazon has a lot of product to move. Plus, it runs a huge affiliate revenue business. -AC

More pro gamers launch podcasts and reach huge numbers

We talk a lot about Hollywood stars entering podcasting, but next year, I anticipate writing more about pro gamers hosting shows. Were already seeing hints of this. QCODEs Wood Elf Media produces Distractible from streamer Mark Fischbach (aka Markiplier), which apparently topped Joe Rogan on Spotifys own charts. Gamers come with a built-in audience and, more so than influencers, are used to talking and having things to say, priming them for podcast fame. -AC

Luminary gets bought or shuts down

I had to make some kind of Luminary prediction, and Im guessing the company either gets bought or shuts down. Thats it. Maybe itll thrive on its own, but its now entering its third year of existence, and something has to happen. -AC

Live social audio goes on-demand and becomes a hot zone for moderation discussions

If 2021 was the year every platform built or invested in live audio, I believe 2022 will be the year they instead focus on on-demand content. Both Clubhouse and Twitter Spaces, as well as Spotifys forgotten Greenroom, allow conversations to be recorded, and these replays will become essential to growing and maintaining the user bases. At the same time, I predict live audios reputation will tarnish as conversations run amok with misinformation, racism, threats of violence, and whatever else the internet is good at drumming up. -AC

Thanks for sticking with us this year. Pop some bottles and manifest those dreams for 2022. Well be back Thursday for our insiders with a special Aria edition, and for the rest of yall, were here Tuesday with our usually scheduled programming.

See the original post here:
Hot Pod 2022 predictions: The next year in podcasting - The Verge

A coalition of the nations largest media companies and news organizations has filed a legal brief in support of Stephen K. Bannon, asking a federal court not to bar him from publicly releasing documents related to the Jan. 6 Capitol riot.

As part of a contempt of Congress case against him, the government is seeking to prevent Mr. Bannon from releasing thousands of pages of documents he has access to. The coalition which includes ABC, CBS, CNN, Dow Jones, NBC, The New York Times and The Washington Post filed the brief on Tuesday, arguing that the governments proposed order would violate the First Amendment.

Mr. Bannon, a onetime adviser to former President Donald J. Trump, was indicted by a federal grand jury in November and charged with two counts of criminal contempt of Congress after he refused to comply with subpoenas to testify and to provide documents for the House committee investigating the Jan. 6 mob attack. He has pleaded not guilty.

As part of the discovery process, Mr. Bannons lawyers have gained access to more than 1,000 pages of documents, including transcripts of witness testimony and grand-jury exhibits. In a Nov. 17 filing, the Justice Department asked that a protective order be put in place to bar Mr. Bannon from making any of the documents public.

In a subsequent filing it noted that Mr. Bannon had indicated he intended to release documents to make extrajudicial arguments about the merits of the case pending against him and the validity of the governments decision to seek an indictment. Federal prosecutors also pointed to remarks that Mr. Bannon made at a news conference after his first court hearing, including: Were going to go on the offense on this.

It is unusual for Mr. Bannon and major news organizations to fall on the same side of an issue. Like Mr. Trump, Mr. Bannon has frequently denigrated established news media outlets.

But the coalition argued that the release of documents by Mr. Bannon was in the public interest.

The public has an overwhelming interest in the facts, circumstances and causes of the Jan. 6 riot, the coalition said in its brief. Bannon has been indicted in an investigation of the riot and has demonstrated his desire to communicate with the press and public about the governments case against him.

News of the legal brief was reported earlier by The Daily Mail.

See original here:
Major news outlets side with Steve Bannon on one part of his legal fight. - The New York Times

A fired Massachusetts teacher is suing the district officials who sent her packing for her TikTok videos that slammed critical race theory and other contentious issues.

Kari MacRae, who earlier this school year was hired to teach math and business at Hanover High School, was canned after her social media videos surfaced.

She posted those videos as a candidate for Bourne School Committee, months before getting hired in Hanover, her lawyers argue in the lawsuit filed in Massachusetts U.S. District Court. Theyre citing the First Amendment, and are seeking damages against Hanover Superintendent Matthew Ferron and Hanover High School Principal Matthew Mattos.

Kari MacRae was viciously targeted and unlawfully fired as a teacher because she exercised her First Amendment rights to criticize critical race theory, said Tom Fitton, the president of Judicial Watch, which filed the lawsuit.

This civil rights lawsuit aims to hold accountable school district officials who are so desperate to push critical race theory that they will trample the civil rights of our client, Ms. MacRae, Fitton added in a statement.

MacRae was elected to the Bourne School Committee in May, and she made TikTok posts during her campaign.

In one video, she said, So pretty much the reason I ran for school board and the reason Im taking on this responsibility is to ensure that students, at least in our town, are not being taught critical race theory. That theyre not being taught that the country was built on racism.

So theyre not being taught that they can choose whether or not they want to be a girl or a boy, she added in the video. Its one thing to include and its one thing to be inclusive. And its one thing to educate everybody about everything. Its completely another thing to push your agenda. And, with me on the school board, that wont happen in our town.

MacRae was fired after school officials investigated her social media videos.

Hanovers superintendent, Ferron, on Wednesday said the district is aware of the lawsuit.

Massachusetts school districts can let go teachers within their first 90 days of employment, with or without cause.

The Hanover Public School District understands and respects the First Amendment rights of all employees, Ferron said in a statement.

That being said, he added, if a teacher publicly interfaces with the community in a way that may negatively impact our ability to provide a positive and distraction free learning environment for our students and staff, it is important that school districts have the ability to exercise their 90-day dismissal option under Massachusetts law.

More here:
Fired Massachusetts teacher sues district after she was axed over TikTok videos - Boston Herald

The First Amendment protects the right to speak freely, but there are limits. Sometimes, citizens go too far, but sometimes so does the government.

Deborah Fisher| Guest Columnist

Tennessee Voices: A conversation with Deborah Fisher

Deborah Fisher, executive director of the Tennessee Coalition for Open Government, spoke with Tennessean opinion editor David Plazas.

Nashville Tennessean

I was recently on a panel that discussed where free speech ends and dangerous speech begins.

The topic is a recurring one in U.S. history and plays out in debates about hate speech, about burning crosses in peoples yards, about burning American flags, and about what is uttered by teachers in public schools.

Most Americans know that the First Amendment protects the right of speech in the United States that the government cant make laws controlling or punishing what you say.

Of course, there are limits to this liberty.

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If you publish something untrue that damages a persons reputation, you could be sued for libel.

We also have laws that punish threats, harassment, fraud, conspiracy to commit crimes and incitement of lawless action.

In all of these laws, the right of free speech and free expression is balanced against the need for public health and safety and other state interests, such as national security and respect for fundamental rights.

One place this has played out is in public meetings where the governing body is permitted to make rules to maintain the safety and orderly proceeding of the meeting.

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In Ohio, a school board, in its efforts to control its meetings, adopted a policy limiting what citizens could say during the public comment period.

The policy allowed the school board presiding officer to terminate a persons right to participate in public comments if the persons comments were too lengthy, personally directed, abusive, off-topic, antagonistic, obscene, or irrelevant.

The school boards president used the policy to remove a resident who he said was being basically unruly, not following the rules, being hostile in his demeanor.

Billy Ison, whose children and grandchildren had graduated from local schools, had been upset about the school boards actions after a school shooting that injured four students. During the the public comment period, he criticized the school board for suppressing opposition to pro-gun views.

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After Ison was kicked out for his comments, he sued the school board, saying his removal violated his constitutional First Amendment rights to free speech.

The 6th U.S. Circuit Court of Appeals agreed and said a citizen cannot be thrown out of a public meeting simply because he or she offends, antagonizes or harshly criticizes a governing body or members of a governing body during a public comment period.

The court, whose jurisdiction includes Tennessee, said that the school boards policy prohibiting personally directed, abusive and antagonistic comments violated free speech rights.

The government cannot prohibit speech purely because it disparages or offends, the court said. Doing so would be discriminating based upon a particular persons viewpoint.

The ruling was a victory for citizens who have felt muzzled by government for speaking out at public meetings. The court noted that Ison spoke calmly, used measured tones, and refrained from personal attacks or vitriol, focusing instead on his stringent opposition to the Boards policy and his belief the Board was not being honest about its motives.

Is it any surprise that our most contentious public debates somehow end up at school board meetings?

Here in Tennessee, weve recently seen impassioned and fiery comments in school board meetings over COVID-19 masks and about how to teach children about American history, particularly history involving racism and slavery.

Sometimes parents show up in large groups and carry signs.

As these debates continue, parents would do well to balance their shouting with listening, and school boards to separate the disagreeable comments and criticism from the type of behavior that truly threatens others or disrupts a meeting in such a way that it cannot be continued.

As Supreme Court Justice Louis D. Brandeis wrote in 1927, fear breeds repression; ...repression breeds hate; ...hate menaces stable government; ...the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and the fitting remedy for evil counsels is good ones.

Deborah Fisher is executive director of Tennessee Coalition for Open Government. This column is part of a series that explores transparency in government in Tennessee. More information at http://www.tcog.info.

Link:
How government regulations controlling what people say can be dangerous | Opinion - The Tennessean