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May 13, 2008 at 08:51:55

Comcast Censorship: Complaint to MA Attorney General

by Susan Allen

http://www.opednews.com

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Dear Attorney General Martha Coakley of Massachusetts:

On May 9, 2006, the Town of Brookline, (MA) renewed its Television license with Comcast of California/Massachusetts/Michigan/Utah, Inc. ("Comcast").

This license was renewed with the assumption that Comcast would perform its duties with integrity and would uphold Federal statutes through its performance of services to the residents of the Town of Brookline.

However, information has been brought to my attention that that Comcast has been engaging in censorship in violation of Constitutional law:

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Amendment 1 - Congress shall make no law abridging the freedom of speech, or of the press; or the right to petition the Government for a redress of grievances.

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Amendment 4 -The right of the people to be secure in their papers, and effects, against unreasonable searches and seizures, shall not be violated.

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Amendment 5 - No person shall be deprived of liberty, or property, without due process of law.

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I learned of this situation from the following email from Democracy Peace Team:

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Excerpt: "Comcast, which has a history of censoring political content is STILL abusing their monopoly power to suppress political speech. Last week in San Francisco they REFUSED to accept the new Shirley Golub TV ad, in her congressional primary challenge against Nancy Pelosi." mailto:democracy@peaceteam.net.

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Researching this issue also reveals numerous Comcast subscribers complaining of censorship, i.e.

.

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1. Blocked file.

A Comcast rep states: "we block uploading of Bit Torrent files ... nothing that can be done ...we are blocking it." http://joeon.net/post/2007/10/Is-Comcast-censoring-my-internet-content.aspx .

.

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2. Blocked Events/Assemblies.

"Comcast ... censors ... political topics, and impedes the ability of people to associate with each other, ...no due process. A phrase or web address is tried and convicted ... without the knowledge of those involved... everyone working on this campaign was having strange Email problems.... Volunteers ...complaining all over the country ... unable to receive any Email with "www.afterdowningstreet.org" in ...the Email. we would have ... more events organized by now ... if not for this block http://www.commondreams.org/views05/0716-20.htm.

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Blocked Activist's Advertisements.

We contacted Comcast, the largest cable company in Connecticut - and in the U.S. We sent them the link to the ad on July 18. We signed the contract on July 21 and sent the link to the documentation. We gave them our credit card. Everything was ready - except for Comcast's censors. We waited... and waited... and waited. Each day we were told the censors were reviewing the ad. But we were never told when - or even if - they would decide. Frankly, this censorship is intolerable. Our ad is factual. It is based on a report by a credible, non-partisan organization. The report was credible enough to appear in the New York Times and other publications. http://impeachpac.org/lamont-ad-1-censorship.

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Censorship constitutes an "unlawful taking" of information, in violation of State and Federal statutes. Disturbing events also stands in violation of.

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MGL Chapter 272: Section 40. Disturbance of assemblies Section 40. Whoever wilfully interrupts or disturbs ... assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month ... twice convicted ... such imprisonment shall not be suspended. http://www.mass.gov/legis/laws/mgl/272-40.htm.

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Given the evidence, I request the Massachusetts Attorney General's office investigate Comcast's operations within the Commonwealth of Massachusetts.

Sincerely,

Susan F. Allen, M.Ed.

Office of Consumer Affairs & Business Regulation (OCABR)E-Mail Sent SuccessfullyWe will respond to your message as soon as possible. Please note that the average response time for e-mails is within one business day. If you need an immediate answer to your question, or would like to speak with a member of our consumer hotline staff, please call us at 617-973-8787 or toll-free at 888-283-3757. The Official Website of the Office of Consumer Affairs & Business Regulation (OCABR) http://www.mass.gov/cgi-bin/pagencies.cgi

 

Take action -- click here to contact your local newspaper or congress people:
Alert Congress: Comcast Engaging in Censorship

Click here to see the most recent messages sent to congressional reps and local newspapers

My commitment to uphold our civil rights and defeat the "War on Freedom" inspires me to work collaboratively with people, activists groups and communities. I'm a Legal Advocate, M.Ed. University of Michigan. My interest is to bridge diverse ideas, create consensus and build community with respect for the integrity and goals of its members. Community Matters I'm a member of several organizations including: League of Women Voters, Democratic Town Committee, Brookline Access Television, Peaceworks, SPED PAC and Citizens for Equal Opportunity. I produced Brookline Cable News on Brookline Access Television from 1996 to 1998.

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I'm a gay-rights activist from the suburbs of Baltimore, Md.
Mike KleinI'm a gay-rights activist from the suburbs of Baltimore, Md.

I'm not about to defend Comcast's actions, but...

...we need to be clear that the Bill of Rights (and the Constitution in general) is a set of limitations on government.  As such, it's inaccurate to accuse a nongovernment entity of violating them - and dangerous, because it makes things very murky.

For instance, no federal, state, or local government can prohibit me from burning an American flag, according to the 1st Amendment (and supplemented by the 14th).  However, the manager of my apartment complex can (and does) prohibit me from burning a flag in or around my home, and she is entitled to do so because I do not own the property.  The latter is not a 1st Amendment issue at all.

When you confuse the two phenomena, it becomes harder to consistently and confidently defend our freedoms from State intrusion.

by Mike Klein (0 articles, 0 quicklinks, 0 diaries, 16 comments) on Tuesday, May 13, 2008 at 3:05:27 PM
 


My commitment to uphold our civil rights and defeat the "War on Freedom" inspires me to work collaboratively with people, activists groups and communities.

I'm a Legal Advocate, M.Ed. University of Michigan.

My interest is to bridge diverse ideas, create consensus and build community with respect for the integrity and goals of its members.

Community Matters
I'm a member of several organizations including: League of Women Voters, Democrati...

to see more of bio, click on member name

Susan AllenMy commitment to uphold our civil rights and defeat the "War on Freedom" inspires me to work collaboratively with people, activists groups and communities.

I'm a Legal Advocate, M.Ed. University of Michigan.

My interest is to bridge diverse ideas, create consensus and build community with respect for the integrity and goals of its members.

Community Matters
I'm a member of several organizations including: League of Women Voters, Democrati...

to see more of bio, click on member name

Comcast censorship

If hard evidence can be shown that Comcast is censoring the free speech of U.S. citizens, that's a violation of Constitutional law.    It's pretty clear cut.  Like you say, the issue about burning the flag is different because it isn't your property, but I expect you could burn a flag on your own property if you wanted.  I've experienced what seems likely to be censorship on my own email account, but when I called to inquire, I just got the run around.  Regarding Comcast, the examples I gave are other people's reports, but I think the abundance of how many I found on the internet, just with an inititial search means it's likely Comcast's practice of censorship is pretty entrenched.  It seems to warrant an investigation by the AG.

by Susan Allen (18 articles, 3 quicklinks, 3 diaries, 23 comments) on Tuesday, May 13, 2008 at 8:54:14 PM
 


I'm a 29 year old male. 
TyI'm a 29 year old male. 

true

What Mike Klein said is true. It is also evidence that the Constitution doesn't adequately protect us. Private censorship needs to be outlawed. The Constitution has many weaknesses so it needs to be significantly strengthed to provide much greater protection for individual rights.

If we use a broad interpretation of the 1st amendment instead of a strict interpretation we can argue that Shirley Golub's freedom of speech is being violated.

by Ty (0 articles, 0 quicklinks, 0 diaries, 587 comments) on Tuesday, May 13, 2008 at 6:17:11 PM
 


I'm a 29 year old male. 
TyI'm a 29 year old male. 

Comcast

If you already paid for the ad then they must broadcast the ad or give you your money back. If they keep your money without broadcasting the ad you can charge them with theft.

by Ty (0 articles, 0 quicklinks, 0 diaries, 587 comments) on Tuesday, May 13, 2008 at 6:23:17 PM
 

 

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