"In order to justify themselves, when certain groups get together, they go far beyond their mandate. Once people start to censor, once you give them the right, you don't know where it ends. You can say 'OK, censor Nazis.' So then what do you do? You can say 'Censor Muslims' because of this. And then you can go a little further-- you can censor someone who speaks on behalf of Muslims. Then you can say Charlie Hebdo was wrong."
Legendary first amendment lawyer Martin Garbus joins the podcast for a discussion of the first amendment-- what it really means, and how perhaps, in this social media dominated era, there are implications that go far beyond what previously would have been just a person yelling in the town square that is reported by the local newspaper. What happens when an inflammatory tweet goes out in the US and a day later a Mosque is shot up in New Zealand? How durable is the first amendment? Is money a freedom of expression? This conversation also includes a lengthy discussion of some of the most important cases of the past 50 years, many that Garbus has been intimately involved with-- everything from Salman Rushdie to Samuel Beckett, from the Pentagon Papers to the Cuban Five. Also covered is the Supreme Court decision on Citizens United-- and its disastrous implications for American democracy, which have been playing out just as predicted in the years since the decision.
Martin Garbus has a diverse practice that consists of individuals and companies involved in politics, media, entertainment, and the arts. His courtroom skills have earned him a distinguished reputation as a trial lawyer.
Mr. Garbus is experienced in every aspect of litigation and trial, from jury selection to cross-examination to summation. He has argued cases throughout the country involving constitutional, criminal, copyright, and intellectual property law. He has appeared before the United States Supreme Court, as well as trial and appellate courts throughout the United States. He has argued and written briefs that have been submitted to the United States Supreme Court; a number of which have resulted in changes in the law on a nationwide basis, including one described by Justice William Brennan as "probably the most important due process case in the Twentieth Century."
An international observer in foreign elections, he was selected by President Jimmy Carter to observe and report on the elections in Venezuela and Nicaragua. Mr. Garbus also participated in drafting several constitutions and foreign laws, including the Czechoslovak constitution. He also has been involved in prisoner exchange negotiations between governments. He is the author of six books and over 30 articles in The New York Times, The Washington Post and The Los Angeles Times. Mr. Garbus is featured in Shouting Fire, an award-winning documentary film about his life and career. He received the Fulbright Award for his work on International Human Rights in 2010. In 2014, University College Dublin's' Literary and Historical Society honored Mr. Garbus with the James Joyce Award for Excellence in Law, which is also the same year Trinity College awarded him for his human rights and free speech work.
