Ari David vs Apple, Waxboy, and Obama

At lunch I speak to the Lakeland GOP ladies in Tampa, Florida. Then I take a plane to Texas, since I speak in the evening to a GOP group in Galveston.

While I am in the air, the left is abusing our freedoms on the ground.

Ari David is running for Congress in Los Angeles against Henry Waxman. Ari is a friend of mine, and I am enthusiastically backing him.

However, I did not expect to be covering him twice in one week. Yet this is a very important story, and it is chilling for anybody who values free speech. Ari and I have both personally been attacked by thugs working for Waxboy, and now Ari has been attacked again in a different way.

I will be outsourcing my column today and let Ari tell his story, which has also been picked up by Gateway Pundit.

http://gatewaypundit.firstthings.com/2010/05/apple-denies-free-speech-refuses-app-by-republican-candidate-challenging-henry-waxman/#comments

http://www.aridavidforcongress.com/RecentNews/tabid/67/vw/1/ItemID/13/Default.aspx

“APPLE DENIES
FREE POLITICAL SPEECH
TO REPUBLICAN CANDIDATE
ARI DAVID
BY REJECTING
I PHONE APP
A few weeks ago I hired a company to create an I Phone Application for my congressional campaign. My designers told me when we started that Apple would take about two weeks to approve the app after they finished the design and coding.

They submitted the app and then we waited and waited and waited.

Recently the designers contacted Apple to find out what was taking so long.

A couple days ago Apple responded and told us that they were rejecting the submission and told us that they were doing so on the grounds that content in the app is defamatory of my opponent, incumbent Henry Waxman.

Here are the statements Apple found defamatory.

HENRY WAXMAN…

SUPPORTED Cap & Trade legislation that would have brought us $7 a gallon gas and as President Obama has stated would make electricity rates “necessarily sky rocket.”

This one is well known considering that Waxman sponsored the bill in the House and President Obama is famous for making the statement about the need under his plan for “skyrocketing” electricity rates.

VOTED TO CUT Medicare spending by a half a trillion dollars which would severely hurt seniors. Time to go Henry!

This one is also well known since the Health Care Reform bill just passed a few weeks ago.

VOTED AGAINST missile defense funding, which jeopardized the US and Israel.

Waxman is famous for voting against missile defense program funding going all the way back to 1983 when Reagan first proposed the SDI system.

TRIED to make over-the-counter vitamins and supplements prescription only.

On this one, Waxman’s original bill was defeated a few years ago but last week, lo and behold, Waxman inserted this language into the House version of the Financial Reform Bill AFTER IT HAD ALREADY PASSED!

TRIED TO STRANGLE family farms with insane Soviet-Style regulation.

Many people have not yet heard about this one so here is the documentation on it. My only problem with calling it “Soviet Style” is that even the Soviet’s would have been challenged to come up with something so stupid to do to our farming industry.

http://www.familysecuritymatters.org/publications/id.3878/pub_detail.asp

Here is an excerpt:

As proposed by Rep. Henry Waxman, D-Los Angeles, H. R. 2749 will grant the Food and Drug Administration the power to regulate all farms and farm produce in an attempt to purge America’s farmland of E. coli O157:H7, a lethal, food-borne bacteria.

Here is a small portion of how the bill would attempt to purge our country of E. Coli

Under the terms of the bill, crops must be grown in sterile areas, surrounded by 450 foot buffers, so that they are not exposed to other vegetation, runoff water, birds, beasts, or wildlife of any kind.

To create such sterile farms, ponds will be poisoned; wetlands drained; and streams re-routed to safeguard the crops from untreated water.

Trees will be bulldozed from agricultural corridors to protect the fields from bird droppings.

Fields will be lined with poison-filled tubes to kill rodents.

All children under five will be prohibited from stepping foot on farmland or tilled soil for fear of leaking diapers.

A crow landing in a cornfield will mandate the destruction of the entire corn crop.

Sounds crazy but it’s true. Such protocols are already in place throughout California. They were implemented by leading corporate agribusiness to offset the possibility of lawsuits erupting from a new breakout of E coli in supermarkets and food chains.

As you can see not only are none of the statements defamatory, they are all factual

By denying me this application Apple is now making an in kind contribution to Henry Waxman by denying his competitor of a modern tool for political communication. They are stifling my right to free political speech and they are carrying water for the Obama administration perhaps out of fear because Obama criticized Apple last week in his speech at the graduation ceremony.

It is also relevant to note that Apple pulled all of their advertising from the Fox News channel.

http://galiberal.com/?p=8939&cpage=1

Clearly people who work at Apple are likely to be the kind of creative people that may tend to vote Democrat and hold liberal views but this goes far beyond that. This experience with Apple clearly shows that there is a political agenda going on within the culture of the company and business decisions are subject to Apple’s political views.

If as Apple claims, my statements about Henry Waxman are defamatory, it would be interesting to see what I Phone Apps Apple has approved for Democrats in which negative statements about Republicans are made and what standard Apple has held those statements to before approval. In the name of full disclosure, here is the legal definition of Defamation.

http://www.lectlaw.com/def/d021.htm
DEFAMATION
An act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in ‘defamatory language’. Libel and slander are defamation.
Although defamation is primarily governed by state law, the First Amendment safeguards for freedom of speech and press limit state law. New York Times v. Sullivan, 376 U.S. 254, 264 (1964); Masson, 501 U.S. at 510. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion. Milkovich, 497 U.S. at 20 (rejecting categorical exemption of all statements in form of opinion; statement that may imply verifiable assertion of fact is actionable).
To determine whether a statement implies a factual assertion, courts examine the totality of the circumstances in which it was made. First, they look at the statement in its broad context, which includes the general tenor of the entire work, the subject of the statements, the setting, and the format of the work. Next they turn to the specific context and content of the statements, analyzing the extent of figurative or hyperbolic language used and the reasonable expectations of the audience in that particular situation. Finally, they inquire whether the statement itself is sufficiently factual to be susceptible of being proved true or false. See Partington v. Bugliosi, 56 F.3d 1147, 1153 (9th Cir.’94) (applying three-factor test as the starting point for analysis); Unelko Corp. v. Rooney, 912 F.2d 1049, 1053 (9th Cir.’90), cert. denied, 499 U.S. 961 (1991).
‘[T]he First Amendment requires that the courts allow latitude for interpretation.’ Partington, 56 F.3d at 1154 (quoting Moldea v. New York Times Co., 22 F.3d 310, 315 (D.C.Cir.), cert. denied, 115 S.Ct. 202 (1994)).
The speaking slanderous words of a person so as to hurt his good fame.
In the United States, the remedy for defamation is by an action on the case, where the words are slanderous.
In England, besides the remedy by action, proceedings may be instituted in the ecclesiastical court for redress of the injury. The punishment for defamation, in this court, is payment of costs and penance enjoined at the discretion of the judge. When the slander has been privately uttered, the penance may be ordered to be performed in a private place; when publicly uttered, the sentence must be public, as in the church of the parish of the defamed party in time of divine service, and the defamer may be required publicly to pronounce that by such words, naming them as set forth in the sentence, he had defamed the plaintiff, and therefore, that he begs pardon, first of God, and then of the party defamed, for uttering such words.

Considering that I AM trying to cause Henry Waxman to lose his employment and salary as a US Congressman, maybe my statements about him are defamatory but if this is the case, does that not mean that all political discourse is? Does this mean that Apple thinks our political system is just too divisive and all would be right with the world if Republicans would just give up and stop running for office?

Ari David
Candidate for Congress
California 30th District
P O Box 163
Malibu CA 90265
http://www.AriDavidforcongress.com
Facebook: http://tinyurl.com/aridavidforcongress
Twitter: http://www.twitter.com/AriDavid2010
(310) 456 3202 Office”

If we do not stand up for Ari David, then we will only have ourselves to blame when freedoms are suppressed. This is exactly what the left wants, and it must be stopped.

eric

7 Responses to “Ari David vs Apple, Waxboy, and Obama”

  1. Micky 2 says:

    Well, its just one less radical change for Obama to worry about.
    Looks like the internet is already being regulated

  2. Dav Lev says:

    No matter, the legislative district is heavily favored for a Democratic
    candidate, any Democratic candidate.

    It’s all about “repairing the world”, for many of his constituents.

    Therefore, these repairs are much better accomplished by (according
    to their Rooseveltian thinking), the Democrats.
    To them, the Republicans, any Republican, stands for converting everyone
    to Lutherism, Evangelical Protestantism, the Catholic Church, AND
    Charedi Judaism ( patterned after the Lithuanian Jewish sects
    of the 18th century Poland and Russia).

    The election will not be won (or lost) because of Apple. More than likely
    many own substantial shares in the company and have seen it go from
    16.00 per share to over 260.00 in a few years.

    The election will be won based on the numbers, as I have posted many times: who has more votes…the Republican candidate or the Democratic.

    Unless of course, thanks to Waxman, Pelosi and Boxer, and their
    rubber stamping Obamas policies, Iran nukes little Israel, from the north
    (Haifa) to the south ( Eilat ).

    If Waxman is so pro-Israel, why hasn’t he demanded we take out Ahmad’s Rev Guards and 31 nukes sites, using our B1s, B2s, smart bombs,
    cruise missiles and hundreds of Tomcats?

    Why didn’t Waxman demand we send in a force to help the protestors
    in Iran?

    Why isn’t he demanding we send our marine divisions into Venezuela
    to get rid of Chavez? Why isn’t he demanding we aid the poor
    hapless “reds” in Thailand?

    Why is he allowing Russia to send missiles to Iran, and Syria to
    give Scud Ds to Hezbollah?

    Why, why, why?

    Folks, getting rid of Waxman and this liberal co-legislators, will be
    the beginning of the end of the Obama socialization of our great
    land.

    Just as the Russians defeated Hitler at Stalengrad, we can defeat
    the liberal fascists at La Brea.

  3. Well, as Republicans are so happy to remind us, a private company, like Apple, can pretty much do as it pleases as long as it doesn’t violate the law. Ari David’s little problem here has about as much to do with Free Speech as the price of tea in China.

    More to the point, much of what Ari David is saying about henry Waxman are lies. It simply isn’t true and I find it impossible to believe that an educated man, running for office, would be so ignorant of this as to simply be mistaken about it.

    If Mr. David wants to be a US Representative, perhaps he could try the road less travelled – the High Road.

    JMJ

  4. Micky 2 says:

    ” Ari David is saying about henry Waxman are lies.”

    Did you even read the post or list anything to controvert/challenge these “lies” ?

    Or are we once again just supposed to take the almighty BSrs word for it ?

  5. holodok-064 says:

    holodok-064…

    Замечательный сайт на PHP по seo http://arysh.ru/ для профессионалов…

  6. Toma says:

    Sorry eric, this can’t be stopped. Obama and his cadre can and will limit, exclude, erase, strike down, control any and all speech, print, broadcast, uttered, voiced words or transmitted blog or comments that they deem harmful to their efforts. Cass Sustrein, “a letter of chilling effect”. Obama will try his best to silence all oppostion. This episode is a very small example of what is to come. Just watch what the Dems do in the coming weeks to choke not only free speech but any all opposition. There are no bounds.

    Toma

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