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>> >>PEGGY: SAN DIEGO NEWS ORGANIZATIONS GOT A FAKE PRESS RELEASE FROM THE U.S. ATTORNEY'S
OFFICE LAST WEEK, THAT CLAIMED LOCAL PHARMACIES WOULD BE SHUT DOWN BECAUSE OF DRUG ABUSE.
SINCE THEN, WE'VE LEARNED THE HOAX CAME ABOUT IN A WORK SHOP SPONSORED BY THE SAN DIEGO
MUSEUM OF ART. AMERICANS FOR SAFE ACCESS, A POLITICAL ACTIVIST
GROUP BASED IN SAN DIEGO, ADMITS RESPONSIBILITY. HERE TO TALK ABOUT THE POTENTIAL LEGAL RAMIFICATIONS
OF THE HOAX, IS GLENN SMITH, CONSTITUTIONAL LAW PROFESSOR AT CALIFORNIA WESTERN SCHOOL
OF LAW. GLENN, THE ACTIVIST GROUP RESPONSIBLE FOR
THIS HOAX, THEY'RE UNDER INVESTIGATION. DO WE KNOW WHAT FOR?
>> >>GLENN SMITH: WELL, ALL WE KNOWÊ I'M NOT PART OF THE INVESTIGATION OR HAVEN'T EVEN
WORKED AS A PROSECUTOR, BUT FROM I READ FROM THE PRESS RELEASE, THE U.S. ATTORNEY TALKED
ABOUT UNDER INVESTIGATION FOR THE CRIME OF IMPERSONATING A FEDERAL OFFICIAL, SPECIFICALLY
A FEDERAL LAW ENFORCEMENT OFFICIAL WHICH IS A FEDERAL CRIME.
>> >>PEGGY: SO THEY HAVE TO MAKE THAT POINT. WE'LL TALK THAT A LITTLE BIT FURTHER, BUT
FIRST I WANT TO SAY THAT WE ACTUALLY ASKED THE SAFE ACCESS GROUP, THE ART MUSEUM, WORK
SHOP ATTORNEYS, TO COME ON TO THE SHOW AND THEY DID DECLINE OUR REQUEST FOR AN INTERVIEW.
THE WORK SHOP WAS RUN BY A POLITICAL ACTIVIST GROUP CALLED YES MEN.
IT'S NOT THEIR FIRST TIME FOOLING THE MEDIA. TAKE A LOOK AT THIS CLIP WHEN A REPORTER QUESTIONS
AN ACTIVIST POSING AS A HIGH LEVEL HUD OFFICIAL. >> >>: YOU'RE NOT TRULY WITH AND THIS IS NOT
AN ACTUAL ANNOUNCEMENT. >> >>: THEY CAN SAY WHO THEY WANT, WHO ARE
THESE PEOPLE? >> >>: WHERE IS YOUR OFFICE?
>> >>: IN WASHINGTON. >> >>: WHERE IN WASHINGTON?
>> >>: HE JUST JOINED THE AGENCY FROM FRANCE. HE'S BEEN A SPECIAL OUT OF THE INTERIOR IN
FRANCE. >> >>PEGGY: SO GLENN IMPERSONATING A HUD OFFICIAL
AND HERE IN SAN DIEGO OBVIOUSLY A FAKE LETTER FROM THE U.S. ATTORNEY'S OFFICE.
ARE HOAXES LIKE THESE LEGAL? >> >>GLENN SMITH: WELL, AS YOU WON'T SURPRISE
YOU IT REALLY DEPENDS IN PART ON THE CONTEXT. CERTAINLY THE LITERAL CRIME SAYS IMPERSONATING
A FEDERAL OFFICIAL AND TAKING ONE ACTION, EVEN A MINOR ACTION CONSISTENT WITH THAT IS
ENOUGH FOR THE CRIME. WHEN YOU V THOUGH, THE ELEMENT OF POLITICAL
SPEECH AND OUTRAGEOUSNESS AND THE KINDS OF FALSITY AND DRAMA THAT WE TRADITIONALLY IN
FIRST AMENDMENT LAW ALLOW ROOM FOR T GETS A LITTLE MORE COMPLICATED.
>> >>PEGGY: TELL US ABOUT POLITICAL SPEECH. WHERE IS THAT LEEWAY?
>> >>GLENN SMITH: THERE ARE NO ABSOLUTES IN FREEDOM OF SPEECH AND RARELY IN LAW.
SO CERTAINLY YOU HAVE A RIGHT TO MAKE FALSE STATEMENTS, YOU HAVE A RIGHT TO PRETEND, YOU
KNOW, STEVEN COLBERT HAS THE RIGHT TO PRETEND TO BE SOMEONE TO MAKE A POLITICAL POINT.
WHEN IT COLLIDES AGAINST A LAW, LIKE IMPERSONATING A FEDERAL OFFICER, NOBODY HAS THE RIGHT, FOR
EXAMPLE TO EXTORT MONEY FROM SOMEONE UNDER FALSE PRETENSES.
IT GETSÊ IT'S A GRAY AREA. >> >>PEGGY: WHAT ABOUT THE SAN DIEGO MUSEUM
OF ART, THEY PAID FOR THIS WORK SHOP, ARE THEY LEGALLY RESPONSIBLE IN ANY WAY?
>> >>GLENN SMITH: THAT'S AN EVEN MORE COMPLICATED QUESTION.
THEORETICALLY, THERE MIGHT BE AIDING AND ABETTING LIABILITY UNDER THE LAW THAT MAKES IT A CRIME
TO IMPERSONATE AN OFFICIAL, BUT THERE'S A LOT OF INTENT REQUIREMENTS AND OTHER REQUIREMENTS.
THE MORE YOU WALK BACK FROM THE ACTUAL CRIME, TO PEOPLE THAT MAY HAVE FACILITATED IN SOME
WAY, IT GETS Y MORE COMPLICATED. >> >>PEGGY: WHAT'S GOING TO BE THE MAJOR ISSUE
IN TRYING TO PROSECUTE A CASE LIKE THIS. >> >>GLENN SMITH: AGAIN, I'M NOT A PROSECUTOR,
BUTS I WOULD THINK THEY WOULD GO THROUGH THREE BASIC QUESTIONS.
WHAT ARE THE FACTS HERE, AND THAT'S WHY WITHOUT KNOWING THE INVESTIGATION YOU CAN'T REALLY
COMMENT. ARE THERE FACTS ENOUGH TO MAKE A SOUND CLAIM
THAT I WOULD BE WILLING TO EVEN CHARGE AND POTENTIALLY TAKE TO A JURY.
AND THEN THERE IS THIS ADDITIONAL SORT OF CONSTITUTIONAL QUESTION, I THINK IN THE RECENT
STOLEN VALOR ACT ABOUT FALSELY CLAIMING TO HAVE A MILITARY MEDAL, I THINK THE SUPREME
COURT SIGNALED THEY WOULD ALLOW THIS KIND OF LAW.
THEN THERE'S THE ULTIMATE QUESTION, IS IT WORTH THE TIME OF THE OFFICE AND IS IT WORTH
MAKING MAYBE MAKING SYMPATHETIC FIGURES OUT OF THESE PEOPLE WHO HAVE BEEN ANNOYING MY
OFFICE TO BE GIN WITH. >> >>PEGGY: DO YOU SEE ANY ROOM FOR THIS TYPE
OF POLITICAL HOAX ACTIVISM IN THE POLITICAL ARENA? IS THERE A PLACE FOR THIS IN OUR SOCIETY?
>> >>GLENN SMITH: THERE IS, THAT'S WHAT MAKES THIS SOMEWHAT COMPLICATED, NOT THIS PARTICULAR
THING NECESSARILY, BUT THERE'S A TIME HONORED TRADITION OF HOAXES OR STUNTS.
THE BOSTON TEA PARTY, ET SET RAW, THAT HAVE BEEN RECOGNIZED AND TO A CERTAIN EXTENT PROTECTED
IN FREE SPEECH LAW, BUT ON THE OTHER HAND YOU'VE GOT TO PROTECT PEOPLE'S LEGITIMATE
INTEREST NOT TO BE FALSELY PART WITHING THEIR MONEY OR MISLEAD OR GIVE INFORMATION TO PEOPLE
THEY THINK ARE FEDERAL OFFICIALS. SO IT'S A DELICATE BALANCE, BUT THERE DEFINITELY
IS A ROOM FOR FALSITY AND HOAXES AND SATIRE AND HOPEFULLY THERE ALWAYS WILL BE.
>> >>PEGGY: OKAY, WE WILL BE FOLLOWING THIS, THANK YOU VERY MUCH.
>> >>GLENN SMITH: YOU'RE WELCOME.