I found this about Cass and it was twittered to Glenn.
Let me know if the link does not work. Seems a lot of links do not work for some reason
http://astuteblogger.blogspot.com/2009/07/plans-o...%3C/a%3EI tried the link and it didn' work
Here is what he said in his own words.
Based on his own words and statements of intent, Cass Sunstein,
appointed to the shadowy post of White House Office of Information and
Regulatory Affairs, will likely have his eye on the Internet,
particularly on us bloggers:
When it comes to the First Amendment, Team Obama believes in Global Chilling.
Cass Sunstein, a Harvard Law professor who has been appointed to a
shadowy post that will grant him powers that are merely mind-boggling,
explicitly supports using the courts to impose a "chilling effect" on
speech that might hurt someone's feelings. He thinks that the bloggers
have been rampaging out of control and that new laws need to be written
to corral them.
[...]
Sunstein questions the
current libel standard - which requires proving "actual malice" against
those who write about public figures, including celebrities. Mere
"negligence" isn't libelous, but Sunstein wonders, "Is it so important
to provide breathing space for damaging falsehoods about entertainers?"
Celeb rags, get ready to hire more lawyers.
Sunstein also
believes that - whether you're a blogger, The New York Times or a Web
hosting service - you should be held responsible even for what your
commenters say. Currently you're immune under section 230 of the
Communications Decency Act. "Reasonable people," he says, "might object
that this is not the right rule," though he admits that imposing
liability for commenters on service providers would be "a considerable
burden."
[...]
"As we have seen," Sunstein writes,
having shown us no such thing, "falsehoods can undermine democracy
itself." What Sunstein means by that sentence is pretty clear: He
doesn't like so-called false rumors about his longtime University of
Chicago friend and colleague, Barack Obama.
He alludes on
page 3 (and on page 13, and 14, and 45, and 54 - the book is only 87
pages) to the supposedly insidious lie that "Barack Obama pals around
with terrorists." Since Sunstein intends to impose his Big Chill on
such talk, I'd better get this in while I can. The "rumor," i.e.,
"fact," about the palsy-walsiness of Obama and unrepentant terrorist
Bill Ayers (Ayers referred to Obama as a "family friend" in a memoir)
did not "undermine democracy," i.e., prevent Obama's election. The
facts got out, voters weighed them and ruled that they weren't
disqualifying.
Sunstein calls for a "notice and take down"
law that would require bloggers and service providers to "take down
falsehoods upon notice," even those made by commenters - but without
apparent penalty.
Consider how well this nudge would work.
You blog about Obama-Ayers. You get a letter claiming that your facts
are wrong so you should remove your post. You refuse. If, after a court
proceeding proves simply that you are wrong (but not that you committed
libel, which when a public figure is the target is almost impossible),
you lose, the penalty is . . . you must take down your post.
Such
suppression of First Amendment rights would be challenged in courts of
law, of course. However, the article points out the following
disturbing reality:
How long would it take for a court to
sort out the truth? Sasha and Malia will be running for president by
then. Nobody will care anymore. But it will give politicians the
ability to tie up their online critics in court....
If Suntein's proposals become reality, America as the beacon of freedom is finished!
Subject: Regulatory Czar: Cass Sunstein 
Sat Aug 01, 2009 12:11 pm
