PEN America Warns Writers, “Prepare yourself”

PEN America is a non-profit organization devoted to protecting the right of free speech. Based in New York City, it was founded in 1922 and has over 3,000 members. (I am one.) The organization defends journalists and writers worldwide against harassment, legal actions (such as imprisonment and lawsuits), and attempts at censorship. PEN also awards prizes totaling over $150,000 to writers of fiction, poetry, translation, and nonfiction.

In light of Trump's many threats to journalists, as well as his administration's clear intent to silence them, PEN has issued the following statement. I suggest you take it seriously.

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“Prepare yourself.”

– Writer and PEN America Trustee Masha Gessen

"Autocracy: Rules for Survival,” The New York Review of Books, November 10, 2016

With an incoming U.S. presidential administration that has threatened to silence voices it cannot control—from demonization of the press, to divisive rhetoric against minorities, to threats to arrest or imprison political opponents—many in the PEN America community are looking for ways to respond. We have launched this Defending Free Expression: A Toolkit for Writers and Readers to help authors, journalists, artists, and others who exercise creative expression mount a defense of their craft and core freedoms.

We start by identifying the warning signs of a developing autocracy that is taking steps to curtail the rights of citizens. Then, we suggest specific actions writers and readers can take to protect our First Amendment rights. And finally, we share the advice of others with experience in countering anti-democratic forces hostile to free expression.

This toolkit is part of PEN America’s #LouderTogether campaign to stand as a bulwark defending free expression, free assembly, the diversity of voices, and the force of reason. It is a work in progress and we will update it regularly; we welcome your contributions at LouderTogether@pen.org.

KNOW THE WARNING SIGNS

What are the telltale signs of an emerging autocracy? Be on the lookout for a leader who:

• Condemns the press and limits its access
• Controls information by replacing a free press with media outlets he controls in order to corrupt public debate with one-sided coverage and disinformation
• Limits the freedom to gather peacefully
• Limits the freedom to criticize government and other public figures and discourages a diversity of views through intimidation or legislation
• Allows or promotes the use of government surveillance of citizens, including journalists
• Keeps political power and money in the family
• Fails to take responsibility for the consequences of his policies and decisions
• Limits transparency of government deliberations, decisions, and spending, making it more difficult for citizens to assess government actions and participate in civic life
• Builds fear of a common enemy and uses a state of emergency to justify exercising heightened power and tightening control over the citizenry
• Instructs the public not to worry
• Rebuffs the Constitution and/or the rule of law
• Limits participation in the political process
• Persecutes or ostracizes ethnic and religious minorities
• Punishes, eliminates, or marginalizes his enemies
• Surrounds himself with government appointees who share his views on limiting free expression rights and other core freedoms

TAKE ACTION

The ability to speak truth to power is a primary underpinning of a healthy democracy. It is also a core obligation for writers, journalists, and others who are committed to protecting free expression. Here's what you can do:

1. Ask your Representatives to protect your First Amendment rights and protections in all government policies and appointees.
Former Congressional staff members have put together Indivisible: A practical guide for resisting the Trump agenda, a comprehensive handbook for making members of Congress listen. Another set of tips has been collected on how to effectively talk to your representative. 

2. Support hard-hitting, investigative, and long-form journalism (and read it, too!).
Trump surrogates such as Sean Hannity and Mike Huckabee have argued that “journalism is dead” in the United States. While this is certainly not true, the demonization of the media in 2016 and the rise of a “post-truth politics” mean that probing journalists and day-to-day reporting are under increasing threat. Subscribe or donate to the news outlets that you believe are doing important reporting. Include your local newspaper—support its vital coverage of your community.

3. Educate yourself about your First Amendment rights and protections.
It is difficult to defend one’s rights without knowing what they are. There is no better way to understanding the First Amendment than to read it yourself. Education doesn’t stop there. Find an online course on free expression, such as Columbia University’s Freedom of Expression in the Age of Globalization, or UCLA/Berkeley’s Freedom of Speech and the Press.

4. Launch a petition.
The Constitution guarantees your right to petition your government. Exercise it. Petition sites such as Change.org, We the People, AVAAZ, and Care2 allow you to launch a petition for free. You can also add your name to the pledge to protect the First Amendment led by PEN America with other progressive organizations and signed by many thousands of supporters, including all the U.S. Poet Laureates.  

5. Mount or join a resistance event.
Writers Resist is a nationwide movement that seeks to tap creative energies to temper growing public cynicism and a cavalier attitude towards truth. On January 15, 2017, Writers Resist events will be held across the country, with the flagship event—sponsored by PEN America—occurring in New York City. Join us on the steps of the New York Public Library or click here to find a Writers Resist event in your city.

6. Protect yourself against government surveillance or hacking. 
Online privacy is an evolving challenge, and the debate about government monitoring vs. privacy rights remains unsettled – and vulnerable to calls for sacrificing a degree of privacy for greater national security. Know how to protect your data and your privacy rights:

Secure messaging:
Review Amnesty International’s rankings of the 11 most popular messaging apps and how secure each is from third-party hacking or surveillance.

E-mail encryption services:
A variety of free apps and add-ons provide encrypted e-mail services, including: ProtonMail, Tutanota, InfoEncrypt, Virtru, Mailvelope, Enigmail, Gpg4win, and Mymail-Crypt for Gmail.

Private internet browsing:
Tor Browser is an internet router for private browsing, keeping your location and the sites you visit private from anyone attempting to view your search history or collect your data.

The Electronic Frontier Foundation has developed a Surveillance Self-Defense Kit, with further tips on how to guard your privacy.

7. Exercise your right to free speech by using the power of words to counter disinformation, hate speech, and moves against the First Amendment.
Letters to the editors and opinion pieces have long been a tool for citizen activists. Newspapers and online media outlets serving your community will have information on how to submit. There are many other creative ways to commit to sounding the alarm against hate speech and disinformation, from skits to leafleting to skywriting. Google “creative ways to protest’’ to get ideas. You can also learn more about how to speak out against bigotry and counter hate speech online, and particularly on Twitter.

8. Learn how to identify “fake news” and disinformation, and help others to do so, too.
Read up on best practices in news literacy, including ways to spot false stories and how help to stop spreading this disinformation further. Use and support fact checking initiatives.

9. Seek out and share works that consider the growth of authoritarian regimes and how to defend free expression and press freedoms.
Whether you set out on a personal exploration or form a book club to widen the discussion, there are many titles to choose among. PEN America staff point to books such as Bad News: Last Journalists in a Dictatorship (on our 2017 Literary Awards longlist) or the more classic There’s No Such Thing as Free Speech (winner of the 1994 PEN Literary Award for the Art of the Essay).

LEARN FROM OTHERS

Alas, there is experience to be shared by those who have fought for freedom expression under autocratic regimes and observed how they function. Here are places to start reading:

Autocracy: Rules for Survival
By Masha Gessen

How Can Journalists Protect Themselves During a Trump Administration?
ByKaveh Waddell

Why the Press Is Right to Freak Out Over Trump Sneaking to a Steakhouse
By Jeremy Stahl

10 Ways to Tell if Your President Is a Dictator
By Stephen M. Walt

What You—Yes, You—Can Do to Save America from Tyranny
By Timothy Snyder

I Watched a Populist Leader Rise in My Country. That’s Why I’m Genuinely Worried for America
By Miklos Haraszti

Free Speech vs Free Market

When Chicago Review of Books editor Adam Morgan made the decision that he would refuse to review any Simon & Schuster books, he was kicking the proverbial hornet's nest. What resulted was a string of abuse, profanity, and even death threats. 

Why on earth should the rank and file care what goes on in the literary world? Especially given the fact that the vast majority of the people hurling expletives at Morgan had never read - or even heard of - his publication.

The answer is that a Simon & Schuster imprint, Threshold,  has offered a $250,000 advance to Milo Yiannopoulos, a notorious right-wing "troll" and editor of Breitbart Tech, for his book, Dangerous. Yiannopoulos has made his fame with outrageous racist, misogynist statements that are so beyond the pale that young white men (his main audience) eventually decided that he was "cool." (Not so Twitter, which banned Yiannopoulos for hate speech after his racist tirade against Ghostbusters actress, Leslie Jones.)

In his refusal to review Dangerous, and in his boycott of S&S titles, Morgan incurred the wrath of "alt-right" (aka white supremacist) Yiannopoulos fans who, among other things, accused Morgan of denying free speech. But Morgan claims that refusing to review a book has nothing to do with free speech, because Yiannopoulos has not been in any way prevented from expressing his views. Nor has S&S been prevented from publishing their books. Morgan is simply refusing to promote them.

What is Freedom of Speech?

Interestingly, many people don't know what freedom of speech actually means. Most assume that it is the right to say whatever they please. Actually, the First Amendment only guarantees that federal laws (and, by extension, state laws) will not be passed inhibiting the expression of individuals or the press.

This is the amendment in full:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

As you can see, the statement is fairly open-ended, which means that courts have had their hands full interpreting what "freedom of speech" actually entails. And in some cases, while the federal ban on passing laws restricting free speech has been upheld, laws have been amended to include civil and criminal infractions. Here are the main speech infractions that can land a person in court.

1) Slander. Any spoken statement that defames someone's character or spreads false or malicious information, especially when it results in financial loss or some other tangible harm, is slander. Slander is a civil offense, which means it can result in a lawsuit.

2) Libel. While there are no federal laws covering libel, anyone who knowingly publishes false statements that damage a person's reputation can be sued in civil court. Parody does not constitute libel, and there has to be an element of "malice" involved.

3) Hate speech. Speech that incites hatred against a specific group is prohibited by many local codes and statutes. Although hate speech is not curtailed under the First Amendment, if the content of the hate speech includes incitement of actions that are illegal, and which result in imminent danger or threat to people or property, it is not protected.

4) Violent threats. Threats can be considered assault if directed against an individual. Threatening the President of the United States is a class E felony under United States Code Title 18, Section 871.

Free Speech vs Free Market

So, where does this leave Simon & Schuster and Adam Morgan? Morgan is absolutely correct when he states that a refusal to review a book is not an inhibition of free speech. The First Amendment does not state that a person has a right to be published in any medium (as writers, we all know that publishers aren't obliged to publish what we send them), or that it must be advertised (through reviews or paid ads), or sold.

The bookstores that have refused to carry Yiannopoulos' book are likewise not infringing on free speech, because there is no law requiring that books - of any kind - must be sold. The First Amendment only has bearing on whether a person can be punished via legal means for expressing an opinion. Once that opinion has been expressed, anyone may feel free to endorse or ignore it.

Why is this important?

The Yiannopoulos case is important for writers because it demonstrates how law and ethics collide. There is nothing illegal about publishing right-wing hatred of minorities and religious groups, and, conversely, there is nothing illegal about refusing to publicize or market it. Neither one has any bearing on free speech, or on the Constitution. However, the maelstrom surrounding Simon & Schuster's decision raises some questions for writers. Do publishers have an obligation to turn down books that are repugnant? Do writers need to watch what they say?

The answer to both of those questions is no. Although we live in a time in which hate speech, racist attitudes, and overt misogyny are becoming normalized, we should not, as writers, call for restrictions on what people can write or publish, because that is a double-edged sword. Those restrictions would inevitably come back to haunt us. However, as consumers, we have the perfect right to criticize publishers for profiting from those views, and we can certainly refuse to purchase anything they publish. And as writers, we are perfectly free to criticize and oppose views which are racist, mysogynist, and which promulgate hatred.

From an ethical standpoint, we should.

Update: In yet another twist, Yiannopoulos' book was canceled by S&S after a conservative Republican blog, The Reagan Battalion, released a tape in which Yiannopoulos condoned sex between older men and young teen boys. Ultimately, it wasn't his trolling that did him in, but his support for something universally shunned. Pedophilia is not regarded by anyone as a challenge to "political correctness." Was S&S within its rights to cancel the contract? Of course. Were they infringing on Milo's right to free speech. Absolutely not.

Milo Yiannopoulos' controversial book is canceled

Informative articles:

Provocateur or Punk? How publishing houses weigh tricky ethical and commercial decisions like giving Milo Yiannopoulos a book deal. (Slate)

Publishing Milo Yiannopoulos’ book is wrong. My magazine is fighting back Adam Morgan announces that his publication will not be reviewing Yiannopoulos' book.

Why the Milo Yiannopoulos Book Deal Tarnishes the Publishing Industry the editorial director of FSG Books for Young Readers explains that when a major publisher "legitimizes old-fashioned hate and lies rebranded as alternative, our authors lose, our books lose, and our country loses."

The Booksmith Boycotts Alt-Right Memoir, Takes Financial Aim At Publisher The Booksmith announces it will not sell Yiannopoulos' book, or any other book published by Threshold, and that it intends to cut back on orders of all Simon & Schuster publications.

Milo Yiannopoulos Book May Not Be Coming To a Store Near You Many independent booksellers are planning not to stock Yiannopoulos' book.

Free Speech Groups Defend S&S Yiannopoulos Deal The American Booksellers Association, Association of American Publishers, Authors Guild, Comic Book Legal Defense Fund, National Coalition Against Censorship, Freedom to Read Foundation, Index on Censorship, and the National Council of Teachers of English release a statement that, while supporting the right to boycott a book or company for any reason, argues that to do so risks "undermin[ing] intellectual freedom."

Milo Yiannopoulos' book deal is publishing business as usual An LA Times article explores the financial decisions behind publishing controversial books.

S&S Children's Authors Protest Yiannopoulos Deal More than 160 children's book authors and illustrators have signed a letter to S&S CEO and president Carolyn Reidy protesting the deal.

What a Trump Presidency Means for Writers

(Quote from the Washington Post)

Since last week's election, dozens of articles have appeared speculating what a Trump presidency could mean for any number of sectors - the economy, social security, healthcare, technology and the Internet, reproductive rights, foreign relations, and so on.

With the exception of Wall Street, which is already showing its jubilation over the deregulation of financial institutions, most of these articles have ranged from a cautious "we don't really know" to glum.

How this presidency will affect writers has not been discussed at any great length. However, there are signs that do not bode well.

FREEDOM OF SPEECH

Trump has essentially declared war on freedom of speech, opening up the possibility of  lawsuits directed at journalists who are critical of his administration (Washington Post). This is not just a violation of First Amendment rights, it is a green light to the potential abuse of power. In a recent article, The Authors Guild issued a strong warning:

 "there is a risk that Trump’s veto power as president could endanger a pending federal free speech bill—the SPEAK FREE Act—from becoming law. This pending legislation, based on similar laws in more than half of our states, would allow federal courts to dismiss unfounded lawsuits filed solely to punish people for speaking out. It just so happens these types of lawsuits (know as “strategic lawsuits against public participation,” or SLAPP suits)—and the threat of them—have been a favorite Trump tactic."

As president, Trump would attempt to overturn Supreme Court decisions protecting journalists from harassment lawsuits initiated by public figures. The first of these dates back to the Court’s unanimous 1964 decision in The New York Times v. Sullivan, which allowed free reporting of the Civil Rights movement. Not coincidentally, Trump named the New York Times as one of the newspapers he would sue.

COPYRIGHT

Trump's stance on copyright has not been formalized, but given the Trump campaign's unauthorized use of copyrighted images, and the lawsuits resulting from his breach of copyright law, it would not be a stretch to conclude that reforming copyright law will not be high on Trump's list of priorities.

NET NEUTRALITY

Perhaps the most profound blow to writers would come with the elimination of net neutrality. For those who are unfamiliar with the term, net neutrality guarantees equal access to the Internet without favoring some sources over others. If Trump has his way, Internet content would be filtered, and businesses would be able to pay for being prioritized. In short, the net would be reduced to an advertising platform for the wealthiest corporations. That leaves writers hoping to build an online presence in the lurch.

WHAT TO DO?

1) WRITE. As writers we have an advantage over people who are not used to expressing themselves in print. The pen, in our hands, is mightier than the sword. We can write articles, communicate with our representatives and the media, and reach the public in ways that are effective and articulate. Above all, DO NOT SHUT UP! Self-censorship is the worst kind of censorship. Speak your mind, honestly and frankly, and without apology.

2) JOIN ORGANIZATIONS THAT DEFEND WRITERS. PEN America and the National Coalition Against Censorship are two long-standing organizations that defend writers and the First Amendment right to free speech. The Authors Guild, which is dedicated to defending the legal rights of authors, particularly regarding copyright, has also stated it will protect authors during the Trump presidency.

3) DONATE TO ORGANIZATIONS THAT DEFEND CIVIL RIGHTS. There are many organizations in the United States dedicated to defending the civil rights of U.S. citizens and residents. Here is a list of Pro-Women, Pro-Immigrant, Pro-Earth, Anti-Bigotry Organizations that need your support. You don't have to give a lot - every little bit helps.

4) PARTICIPATE IN THE ELECTORAL PROCESS. Half of registered voters did not participate in the last election. Democracy is a "use it or lose it" form of government. No matter how discouraged you may feel - don't opt out. Do your research, understand the issues, ignore the hype, and vote.

5) ADVOCATE. Defend those who cannot defend themselves - the disabled, the undocumented, the impoverished. Sign petitions, call your representative, wave signs if you want to. This is the land of liberty, not the land of bullies, hate mongers, and pussy grabbers. Trump has done a good job of normalizing reprehensible behavior; it's up to us to stamp it out.

Why Does the Federal Government Care What You Are Reading?

Big Brother is watching ...

What were the most recent books you took out of a library? Were they, by any chance, How to Build a Bomb That Will Destroy a Large White Building in Washington, DC? Or, perhaps, Death to America? Or did you simply want to refresh your memory of Howard Zinn's classic, A People's History of the United States?

The American Library Association, the American Booksellers Association, the Association of American Publishers, and PEN American Center have all endorsed a bill, the Freedom Act, that will restore Americans' right to read and say what they like - unmonitored.

Privacy is among our most cherished civil rights - and for good reason. If somebody, somewhere in the bowels of wherever the Patriot Act allows drones to monitor what we read, decides that Howard Zinn or Noam Chomsky is a terrorist, then you may suffer the consequences, simply by having taken home one of their books.

Of course, the argument in favor of monitoring citizens is that citizens must give up a certain amount of freedom in order to have security. The fears of Americans after 911 made this perspective seem reasonable.

What people tend to forget is that the federal government's (or any institution's) idea of security may have more to do with its own self-preservation than yours. The abandonment of freedom of the press in America in the wake of the Jacobin threat (The Sedition Act), stimulated, not a crack-down on sympathizers of the French Revolution, but on political opponents of the Federalist government.

Historically, it has always been the case that whenever civil liberties are revoked, the purpose is not to safeguard the rights of citizens, but to extend the reach of whoever happens to be in power.

This article appeared a few days ago in Publisher's Weekly. Give it a read. And send a quick thank you note to Senator Patrick Leahy and Representative James Sensenbrenner for standing up to Big Brother. George Orwell would appreciate it.
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Book Groups Back Bill to Restore Privacy Protections

Publisher's Weekly, Nov 14, 2013

Spurred by revelations of how the National Security Agency is collecting information on citizens, the Campaign for Reader Privacy has issued a statement calling for Congress to pass the USA Freedom Act. CRP, a joint initiative of the American Booksellers Association, the American Library Association, the Association of American Publishers, and PEN American Center, said passage of the bill will restore privacy protections that were eliminated by the Patriot Act.

The Freedom Act (S. 1599/H.R. 3361) was introduced on October 29 by Sen. Patrick Leahy (D-VT) and Rep. James Sensenbrenner (R-WI) in response to the news that the National Security Agency is using Section 215 of the Patriot Act to collect records of the telephone calls made by Americans without regard to whether they are suspected of involvement in terrorism. Section 215 eliminated the requirement that the government show evidence of “individualized suspicion” before it can conduct a search in a terrorism investigation.

Since 2004, CPR has warned that Section 215 could be used to obtain the records of innocent Americans, including records of the books they purchase from bookstores or borrow from libraries. Supporters of the Patriot Act, including Rep. Sensenbrenner, argued that it would be used only to investigate someone suspected of terrorism. The revelations of former NSA contractor Edward J. Snowden, however, convinced Sensenbrenner and others that additional safeguards are needed to protect privacy. The Freedom Act would limit government searches to the records of people who are suspected terrorists and their associates.

Read the rest of this important article HERE.