Last week, hate radio host Michael Savage, in conjunction with the Thomas More Law Center, filed a lawsuit against Homeland Security Secretary Janet Napolitano. They claim DHS has violated the plaintiffs’ First and Fifth Amendment rights by “attempting to chill their free speech, expressive association, and equal protection rights.” GWU Law Professor Orin Kerr responds:
Isn’t the lawsuit frivolous? As I read it, the lawsuit is claiming that the issuance of a government report criticizing certain groups violates the plaintiffs’ constitutional rights. But the Constitution doesn’t provide a constitutional right to have the government not say things that might be considered criticism. Perhaps the plaintiffs want the Constitution to be radically reinterpreted by activist judges to invent some brand-new constitutional rights?
Today’s Progress Report has more here on what the DHS report actually says and how conservatives are reacting.
I suppose Michael Savage took the report personally. After all, it was a warning against reactionary, militant, right-wing extremists.
April 20th, 2009 at 3:36 pmWait, I thought the right wing was against frivolous lawsuits.
April 20th, 2009 at 3:36 pmOMG! Poor Michael, he such a martyr! Those right
April 20th, 2009 at 3:36 pmwinged extremists are being picked on! Ask the folks in
Oklahoma City if right winged extremists are dangerous
or not? They know.
They only hate Frivolous lawsuits that Libs bring forward !!
I wonder if Mike Weiner will have a disgusting trial lawyer on his side. They also hate them until they need one to defend them in a pedophilia case or a bribery trial ??
April 20th, 2009 at 3:38 pmJust ridiculous! I hope Napolitano countersues. I believe this proves that the DHS report is CORRECT in their assessment of conservative rightwingnut extremists like Savage.
April 20th, 2009 at 3:39 pmThe reaction to this report is bizarre even by Republican standards.
April 20th, 2009 at 3:39 pmI interpreted the report, which was initiated under Bush, to mean that we should protect returning soldiers against the extremists that might compromise their well being. Why does the right hate the troops?
April 20th, 2009 at 3:39 pmSomeone should sue Savage for suing Napolitano.
April 20th, 2009 at 3:40 pmWhen I read an article about, say, how rotten child molestors are, I don’t get upset because I am not a child molestor. Why does Savage think a report about dangerouse right-wing extremists applies to him.
You think?
April 20th, 2009 at 3:42 pmAll you can do with this is laugh. He really did take the report personally and so did the rest of them. Talk about being sore losers this is the icing on the cake? Mike wins the right-wing “stupid award” for the month of April.
April 20th, 2009 at 3:43 pmFrom the Thomas More Law Center “About Us” > History page
Attorneys with the Law Center have appeared regularly on national radio and television programs including the FOX News Channel (O’Reilly Factor, Hannity and Colmes, FOX & Friends), MSNBC (Dan Abrams), the Dr. Laura Show, O’Reilly Radio Factor, and hundreds of Christian radio networks
April 20th, 2009 at 3:44 pmInteresting position. Wingnut free speech apparently requires that the government refrain from investigating possible dangers to national security if the findings could potentially hurt some poor nutter’s feelings. First Boehner’s incontinent tear ducts, then Glenn Beck’s on camera weepfest, now this silliness. Who would have thought that the braintrust of the vast right wing conspiracy was a bunch of whiney seven year olds.
April 20th, 2009 at 3:44 pmMr. Savage, how many left-wing talk radio hosts sued when the same DHS issued a report on left-wing extremists? I’ll give you a few moments to make up a number for me.
April 20th, 2009 at 3:44 pmOh BTW – Thomas More led a campaign against Protestants.
April 20th, 2009 at 3:45 pmDoodlebug Shayne Says:
Why does the right hate the troops?
April 20th, 2009 at 3:51 pm———————————————————-
The report said nothing about hating vets that’s how the Republicans put their spin on the report to get you and keep everyone confuse- it’s pure brainwashing one of the first techniques right-wingnuts use.
Nice smackdown from Prof. Kerr. Of course the right wing wants activist judges. They just use the words “activist judges” to rile each other up. As we’ve seen throughout these threads, wingnuts don’t seem to realize that words have definitions.
.
Art Says:
I suppose Michael Savage took the report personally. After all, it was a warning against reactionary, militant, right-wing extremists.
Interesting point – it’s kind of up to each right-winger whether they want to volunteer to be included in that group or not. Unsurprisingly, a lot of them seem to be stepping up to wear that label with pride.
What’s worse, is that this report is specifically for the purpose of identifying potential threats to national security. Which means that Savage is choosing to identify himself as a threat to national security. Interesting.
April 20th, 2009 at 3:52 pmMike Wiener is a Reichwing whore…
…and by the looks of him in that photo…
….and huge “pillow biter”.
Fcuk the Republicans
April 20th, 2009 at 3:53 pmof course it’s frivolous! that’s probably part of his plan…
which is, in actuality, the publicity…
you go, weeener! show those true colors…
April 20th, 2009 at 3:55 pmsilly little man trying to salvage his dying career with one of those frivilous lawsuits repukies are always rallying about.
April 20th, 2009 at 3:56 pmThis just gets more and more amusing, as the right wing proves they have less and less to gripe about.
Now Savage wants to throw a hissy fit, even though:
A. The report was ordered during the Bush administration,
B. The report was only one of a number of reports of this type the DHS puts out on a somewhat regular basis,
C. The DHS has put out a recent report on left-wing extremism,
D. This was a researched report on the activities of people who have violent and/or destructive intentions — not an op-ed column, and
E. Savage has had absolutely no problem with any DHS activities in the past.
Of course, Savage is just looking for red meat for his audience. Pesky things like facts, truth, and reality have never slowed him down — nor do they matter to his audience.
When this farce of a lawsuit gets thrown out of court, he will just use that to rant against the “oppressive Obama regime”.
April 20th, 2009 at 3:58 pmYou have got to be kidding me! Gay basher Michael Savage wants to sue over the DHS report? OH MY GOD! Can’t imagine what it must have been like to listen to his radio program when that report first came out. =P Earplugs anyone?
April 20th, 2009 at 3:58 pmI think its called narcissitic personality disorder.
April 20th, 2009 at 4:00 pmwhat truly baffles me is why would michael weiner savage of the jewish faith be defending rightwing extremists like stormfront.
April 20th, 2009 at 4:01 pmThe lawsuit further claims that the Department of Homeland Security encourages law enforcement officers throughout the nation to target and report citizens to federal officials as suspicious rightwing extremists and potential terrorists because of their political beliefs.
___________________________________________________________
So what are you complaining about, Michael? That you’re being profiled? I thought you were OK with profiling? Oh, it’s different when it’s your ilk. I see.
May I remind you that “if you have nothing to hide, you have nothing to worry about!”?
April 20th, 2009 at 4:03 pmFor many of the right-wingers to see themselves in the DHS report is truly funny. They appear to be self-identifying as far-right “extremists”. Interesting, also, how these nuts then try to link “conservatives” with far-right extremists, as though one is the same as the other. Considering that there is no such suggestion of this in the DHS report is, obviously, beyond their feeble ability to discern. Why they would want to align themselves with neo-Nazis, White Supremacy groups and the KKK is beyond any logic.
As for the lawsuit, it will get tossed out as frivolous, but it buys Savage some temporary publicity and perhaps help him compete better with Limbaugh, Beck, etc.
April 20th, 2009 at 4:04 pmI’m no lawyer, but don’t you have to be actually harmed by something to sue over it>?
And if he was harmed, does he then admit that he’s a right wing extremist wacko?
April 20th, 2009 at 4:04 pmCourse, we coulda told him that!
What is that thing by his foot? And this guy has issues with gay?
April 20th, 2009 at 4:06 pmOh puhleeze, Savage doesn’t really care about the issue itself; but only it what attention it can bring him and his show.
And seeing as how it’s a news story here now… he’s doing well so far.
IMHO, (radical) conservatives are narcissists who merely exploit and spin so-called “issues” to make themselves look righteous, moral, to win votes, win funding… whatever feeds their egomaniacal urges and needs.
April 20th, 2009 at 4:06 pmThe wingnuts are filling a lawsuit? This will be a prosperous time to be a lawyer, it’ll open the door for the Taliban, Al Qaeda, etc. to sue Homeland Security as well!
April 20th, 2009 at 4:07 pmThe Neo-Con Terrorists have just come up with a more treacherous plan, they’ll murder us with lawsuits.
In related news, the kettle is countersuing the pot for calling HIM black.
April 20th, 2009 at 4:08 pmDuh, the report was ordered under the Bush administration . .
ROFLMO . .
Mr. McVeigh, eerh, I mean, Mr. Weiner, sit down please . .
DISMISSED!!
April 20th, 2009 at 4:08 pmSoooo true! It’s almost like they want to be thought of as extremists. Either that or they are looking for any excuse to rage about the government now that Obama is President. Perhaps it’s both.
April 20th, 2009 at 4:09 pmIs Chertoff named in this lawsuit? Or just Napolitano?
April 20th, 2009 at 4:09 pmSo, waterboarding isn’t torture but a book report breaks the first amendment.
http://www.pufferfishblog.com/
April 20th, 2009 at 4:10 pmrepublicans hate facts Says:
Savage is APTLY NAMED. What an ill mannered uncouth terrorist sympathizer…
You do know his real name is Michael Weiner, don’t you?
April 20th, 2009 at 4:11 pmi wanna see judge judy and weiner savage in a court room smack-down. my money’s on that tough old broad and no, i don’t mean weiner savage.
April 20th, 2009 at 4:11 pmIs that Bibble hanging out by Barbie’s leg?
April 20th, 2009 at 4:18 pmMore chicken little sky is falling sh#t from the right. Continue to show your gaping stupidity on a daily basis idiots.
April 20th, 2009 at 4:31 pmI like how the irony in this is all too sweet. The memo warns against “Right-Wing Extremism”, and the only people who should be getting riled up about this is “Right-Wing Extremists”.
Sooooo, from the looks of things Mr. Savage, you just labled yourself one. Not that most people didn’t think you fit the bill to begin with…
April 20th, 2009 at 4:34 pmWhat’s he doing down on his knee? Is Cheney standing just out of the picture with his fly open? Why would these radiohead idiots want to out themselves as extremists? Are they all going to start wearing brown shirts with red armbands? So many questions– so little time!
April 20th, 2009 at 4:35 pmOdds are pretty good that there will be a right-wing terrorist event during Obama’s Presidency.
The other day, a marine was arrested at Logan Airport with bomb materials in his bag:
http://www.boston.com/news/local/breaking_news/2009/04/us_marine_arres.html
And little Michael Weiner in on the record, in a court of law, declaring his complicity with right-wing extremism.
Good luck when that day comes, Michael.
April 20th, 2009 at 4:39 pm*is on
April 20th, 2009 at 4:41 pmHmmmm, extreme leftists (who we disassociate with) tend to attack corporations but right wing extremists (whom Weiner, Beck, O’Riley, etc, want to be grouped with) tend to attack gov’t when they’re not in control (out of control, literally and figuratively?).
Why is that?
April 20th, 2009 at 4:46 pmcaption…
Micheal Weiner and his Savage hotdog.
April 20th, 2009 at 4:50 pmThe right wingers are exploding.
April 20th, 2009 at 5:07 pmSavage is probably freaking out because the guy who shot up a Unitarian church, wanting to kill liberals, last year had Savage’s books, as well as Hannity an O’Reilly, in his possession.
April 20th, 2009 at 5:11 pmHere’s the link to the complaint itself:
http://blog.mlive.com/annarbornews_impact/2009/04/T-MORE.pdf
And yes, Mr. Savage has obliterated every reference in the document to his real name. what a d00che.
April 20th, 2009 at 5:13 pmI hope whichever judge sees this lawsuit throws it out and issues sanctions to the plaintiff and attorneys involved for filing a frivolous lawsuit.
April 20th, 2009 at 5:16 pmThis could be a very interesting trial.
“The defense calls Mr. Weiner to the stand…”
April 20th, 2009 at 5:20 pmAnd I get this wierd vision of Mikey Weenie at the Barbie Museum…Yeah, the one from the Rat Race
April 20th, 2009 at 5:27 pmRUCeriousMaggot! Says:
I’m no lawyer, but don’t you have to be actually harmed by something to sue over it>?
And if he was harmed, does he then admit that he’s a right wing extremist wacko?
Course, we coulda told him that!
—
I am a lawyer, and I’ve read the complaint, and if it states any ground for relief, it’s based on historic harassment of these groups “throughout” their existence (see, e.g., Complaint, at para 40), and seeks to characterize the report as aimed at deterring, preventing, and preempting “activities that government officials deem to be in opposition to the policies advanced by the Obama administration” (Complaint, at para 16). In light of the fact that this report was initiated by the Bush administration, I think this undermines the entire predicate of the lawsuit.
another gem, at para 33: “Pursuant to the federal government’s ‘Rightwing Extremism Policy,’ Plaintiff Savage is a ‘rightwing extremist,’ subjecting him to government scrutiny, investigation, surveillance, and intimidation.”
straight from the horse’s lawyer’s mouth.
April 20th, 2009 at 5:33 pmWayne Ant Schneider Says:
I hope whichever judge sees this lawsuit throws it out and issues sanctions to the plaintiff and attorneys involved for filing a frivolous lawsuit.
—
It’s Honorable John Corbett O’Meara of the Eastern District for the State of Michigan. Don’t know yet who the magistrate is.
April 20th, 2009 at 5:35 pmOh, and Judge O’Meara was appointed in 1994, so presumably he’s a Clinton nominee.
April 20th, 2009 at 5:36 pmSavage Weiner once again shows why reich-wingers don’t understand the Constitution or really care about it.
By their knee-jerk reaction to this DHS report, the wingers and the Savage Weiner really outed themselves (no pun intended in this particular case, but tee hee all the same) for the haters they really are.
April 20th, 2009 at 5:36 pmCould someone more trained in the law explain this one to me? Here is one of the “Claims for Relief”:
Here is the Fifth Amendment to the United States Constitution:
Can someone explain how Plaintiffs’ Fifth Amendment rights were violated? I don’t see anything in the Fifth about “equal protection.” What are they talking about?
Thank you.
April 20th, 2009 at 5:36 pmSavage should be suing Bush, who requested the report. Also, he obviously considers himself one of the right-wing extremists referred to in the report, and the ones in the report are pretty dangerous, some even terrorists. Apparently that’s how Savage considers himself. I’m so sick of the Republican/conservative crazies, pundits, etc. whining, screeching, having tantrums, and bold-faced lying, instead of trying to do something constructive for the country. All they continue to prove is that they are bullies with nothing at all to offer.
April 20th, 2009 at 5:44 pmI didn’t see anything in the actual DHS report that would have singled the Savage Weiner out…I think it’s a publicity stunt…
April 20th, 2009 at 5:47 pmpastcaring Says:
It also doesn’t have the word “conservative” in it anywhere, but that didn’t stop the habitually misinformed Michelle Malkin from claiming that the report targets conservatives.
April 20th, 2009 at 5:53 pmAt this point, these nuts are looking for anything to jump on. They fail to realize how their clamoring makes them look.
April 20th, 2009 at 6:00 pmpastcaring Says:
“At this point, these nuts are lookingt for anything to jump on.”
“…that they’re jumping on their own nuts.” Fixed it for ya.
April 20th, 2009 at 6:53 pmLet’s hope that when a judicial determination that the suit if frivolous, the court, if he or she is not a judicially active wingnut court,and will impose attorneys’ fees on savage, the resident wingnut pussy cat. (or rhymes with hunt)!
April 20th, 2009 at 7:00 pmMichael Weiner Savage is a blight on humanity and does not deserve mention or thought on this web site!
April 20th, 2009 at 7:13 pmI look forward to the day he sues himself for being a total waste of space. Open and shut case.
April 20th, 2009 at 11:21 pmWayne Ant Schneider Says:
Could someone more trained in the law explain this one to me? Here is one of the “Claims for Relief”:
Can someone explain how Plaintiffs’ Fifth Amendment rights were violated? I don’t see anything in the Fifth about “equal protection.” What are they talking about?
Thank you.
I think he’s accusing Obama of profiling! That’s exactly what it sounds like they’re citing there. Can anybody else confirm that, or should I stop laughing?
April 20th, 2009 at 11:34 pmMr Weiner is loosing his ratings, eh?
A frivilous law suit is one way to get in the news when calling for killing everybody on your radio show doesn’t get you any recognition anymore or bost your ratings.
Maybe Mr Weiner thinks it is discriminatory to hold people accountable who yell bomb in an airport.
After reading the Homeland Security report on the subject.
I ask this, Why does Savage Identify with these far right hate groups identified in the report. Is it the KKK he
April 21st, 2009 at 2:06 amseems to self identify?
Just more evidence that the Wienerdog is demonstrably insane. Does he really think the constitution has some right NOT to be criticized?
April 21st, 2009 at 3:20 amMichael Savage:
They (Mexicans) come here and they bring their destitute ways to this country, and they never assimilate. And then their children become gang-bangers…
Janet Napolitano is right. Michael Savage is a Bigot as well as a Fascist.
April 22nd, 2009 at 6:58 am