Will Irvine City Council Majority Move to Violate First Amendment?

Freedom-Of-Speech Many people misunderstand the First Amendment of the US Constitution.  The nut of it is government cannot restrict free speech.  Free speech can be censored or restricted in a newspaper, a magazine, a TV program, radio show (try getting past Rush Limbaugh’s screeners if you disagree with him; even if you get on the air, you’re mysteriously disconnected), and you can delete comments on a blog like this one.  We do it all the time if there’s a libelous accusation made or the comment has nothing to do with the post in question — and even then it’s a judgment call.

At the next Irvine City Council meeting, Council member Christina Shea is asking staff to review the harmless Irvine Community News for “providing a political mailer masquerading as a legitimate newspaper appears to be deceptive, and may be a campaign practice contrary to our Code of Ethics….Our City Council needs to clarify issues raised in this publication and discuss this deceptive practice.”

Anyone with a printing press and newsprint can create a newspaper and it can be as politically biased as its publisher wants it to be (see the OC Register’s editorial pages for an example).  The Irvine Community News provides the proper identifying information that its a slate mailer so it adheres to the letter of the law.  Shea doesn’t like the content, so the Irvine Community News is clearly on to something.

But as far as deceptive practices, perhaps Ms. Shea can identify the people who paid for a push telephone survey last week that falsely told Irvine Voters the District Attorney’s Office had launch a criminal investigation of Larry Agran and the Great Park when they did no such thing.

The person who really is going to have a tough time with this conversation on the Dias is Mayor Steven Choi, who in 2004 on his first run for City Council was a member of the Irvine First team that published the Irvine Chronicle (I have a copy in storage somewhere).  Unlike the Irvine Community News, the Irvine Chronicle was deceptive and unethical for a few reasons.  It copied the look, design and typeface of the then Irvine World News and lifted, without permission, copyrighted articles from OC Weekly, the OC Register and the LA Times using the bylines of the actual writers.  All of the stories took aim at Larry Agran and what was worse, the articles were edited so any sense of balance or fairness was stripped from the story.

This isn’t just unethical; it’s illegal.  It’s intellectual property theft and the use of copyrighted material without permission.  And Choi was a part of this.  And this was a ticket Shea endorsed. Commissioner Greg Smith was part of that slate. If they are all upset at the Irvine Community News, well that just makes them all hypocrites doesn’t it? The Irvine Chronicle drew considerable criticism.

Then Irvine World News editor Don Denis was outraged.  In a 2004 OC Register article, “It’s hard to believe they would try to pass off this campaign piece as the work of the Irvine World News, but that’s obviously want they wanted to do,” said Editor Don Dennis.  “The Irvine World News had nothing to do with this.”

All the content from Irvine Community News is original and protected free speech; by wanting to address this or have the Council take some sort of action, Shea is violating the first amendment rights of those who produce this paper. And she again proves herself a hypocrite when it comes to free speech (she deleted a comment I left on her blog months ago, which she can).

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Now Choi has no problem stealing copyrighted materials for campaign purposes.  He left photocopied articles of a Register story favorable to him in the last election cycle on my doorstep.  when I asked him about it, he said the reporter gave him permission.  The reporter twice denied this and he couldn’t give permission anyway because the reporter doesn’t own the copyright — the Register does.  Were their consequences from the Register — nope.  You’d think that a paper struggling for revenue couldn’t have sent Choi a bill for $10K would have sent a message to politicians all over OC, but that will only happen if a Democrat does it.

26 Comments

  1. Dan “The Irvine Community News provides the proper identifying information that its a slate mailer” what’s that mean? Is that different than a newspaper?

  2. Dan – are you there? I am confused. What’s the difference between a slate mailer and other newspapers like the OC Register and Irvine News? I know its not a “slate” like a rock or something you clean, what is and where does it come from? You said the Register is struggling with revenue, I know its tough for newspapers everywhere, how long to you think the Irvine Community News will last? Will they be able to make their payroll? YOU should totally start your own newspaper and have it delivered to people in Orange County. People would totally read you if you were in print

  3. Dan, ask any citizen on the street what a “slate mailer” is and 95% wouldn’t have a clue. Meanwhile, they get the propaganda rag put out by Frank Linding and paid for by an unknown source and they mistakenly believe it is a local community newsletter. Of course, what they are getting is usually seven and a half pages of political candidate promotional propaganda and a half page supporting some Initiative the Agranistas are supporting. That has been Larry’s Method of Operation for laundering campign funds many years and continues to be so today. Apparently it is legal and in my opinion the Council majority needs to ignore it and focus on promoting their own achievements and ideas to the public.

    Most Irvine voters are smart enough to eventually figure out when someone is trying to run a scam on them. For those not so aware, they can be educated by sending out our own mailers (like the current one in the mail). Bottom line is, the First Amendment is still alive and well in Irvine, as it should be.

  4. LtPar – you take that back. There’s nothing wrong or illegal going on. Dan just said it “follows the letter of the law” Don’t you know what that means? So long as the “letter is followed” there isn’t any thing dishonest or unethical about it. AND – “Christina Shea is asking staff to review the harmless Irvine Community News.” It is HARMLESS, Dan said so. So take your bullying and your snoopiness – like you have to know who’s paying for everything and put a cork in it. You RULE Dan! Keep making those fatcats honest!

    • Bobby – You need to focus on what ltpar actually said and not what you think he said.

      ltpar: “Apparently it is legal ..”

  5. Then I am confused – is it a community newspaper like it says? It says right on page one “Our Mission is to report the news.” so that makes it a newspaper and its legal like Dan says? I know newspapers. GO LA TIMES and go DAN!

    • bobby, it is not a community newspaper as you believe, it is a paid political slate mailer, disguised as a newspaper to deceive the reader. If you digest the continuing series of material in each edition, they are reporting no news, merely aggrandizing the character of their candidates, Larry Agran, Mary Ann Gaido and Melissa Fox or attacking their opponents, Steven Choi, Jeff Lalloway, Christina Shea and Lynn Shott. You clearly don’t know the difference between a newspaper and a propaganda sheet. Hope that clears up your confusion.

      • Ask Choi, Shea and Lalloway why did they give control over the Great park to Five Points especially when Choi went on a trip with the person from Five Points. Also ask them who gave them the 200,000 dollars for the hit pieces against Agran in the last election? Have they heard of the Campaign Disclosure laws in CA!!! Are the foxes guarding the hen house and spending your tax money for political purposes(Choi, Shea and Lalloway)

  6. Thanks I think. But maybe dan can explain, on the front page it’s says “We’re Irvine’s New Community Newspaper … Our mission is to report the news”. That sounds like the opposit of a political mailer. It can’t be both. If it was a political mailer paid and produced by and for Larrry Agran they wouldn’t lie and say they are a community news paper. That would be totally dishonest.

  7. I agree Junior. That shea woman sure seems mean. Maybe you can clarify because dan must have gone to the bathroom or taken ill because he’s not responding. Why dose the irvine community news say ” we are Irvine’s new community newspaper. Our mission is to report the news.” If it’s a political mailer. I can’t be both Am I missing something. Who’s lying. I don’t understand

    • How about we wait until the City Council meeting and see what is on Christina Shea’s mind, rather than labling her anti First Amendment, like Dan the Man the Agranista Spinmaster wants to do.

      The Irvine Community News and Views slate mailer is not a new phenomenon and has been a successful Larry Agran campaign laundering tool for the last couple of elections. For those of us who have been around a while, it comes as no surprise and I am not sure what point the Council wants to make by discussing it. One thing Irvine residents can be sure of, expect to be getting regular installments of the rag until the election is over. After Larry Agran and his slate go down to defeat, the News and Views may then join the recycling bin of history?

      • Shea wants the city council to interfere with Free Speech, Pat. Your party is all about corporations being people with Citizens United. Then again, Choi is on record with the Irvine Chronicle using copyrighted articles for political purposes and editing them — completely unethical.

        • Dan, since this propaganda rag has been around for several election cycles, seems like Christina is getting a late start if she wanted to intefere with anyone’s First Amendment rights? Don’t know what her objective is yet, but suppose we will find out Tuesday.

          I am not familiar with the Irvine Chronicle. Where is it and how is it distributed. I would have to see the material you accuse Steven Choi of using before commenting on it one way or the other.

          I plead the Fifth on being a registered Republican. Since the Orange County Republican Party and I have crossed swords on past occasions, I am not on their Christmas Card list, or vice versa. I vote for the best candidate and if in my opinion that person was a Democrat or Independent, they would get my vote. Nationwide, Republicans are as much to blame for the dire straits our country as the Democrats. In my opinion, they all should be fired.

            • Really Dan, 2004? If that and the Choi/Pelosi photo you like to use is the best dirt you can dig up on Steven Choi for the upcoming election, you guys are in big trouble.

              Bottom line data the voters want to hear is what have the candidates accomplished in the last few years and more importantly what is their vision for the future? We already know that the Agranista vision has been rejected by the voters in the last election and after the Audit is made public, their stock will drop even more. On the other hand, the conservative slate has done exactly what they pledged to do in their last election campaign. Balance the Irvine City Budget without using Reserve Funds, conduct an Audit of Great Park money, get Great Park construction moving and address the large unfunded liability in the City Retirement Plan.

              Your Agranista Team likes to throw out the “slow growth” propaganda, but as we get further into the campaign I am confident the “truth” will emerge, as it always does. All of theat high density housing compacted into the Irvine Industrial Complex and Spectrum, were approved under the reign of Larry, Beth and Sukhee. In fact as I recall, the Council minority (Shea & Choi) opposed the zoning changes and compact housing creating higher volumes of traffic, to the point where the City was sued by Tustin. Dan, you can use your smoke and mirrors, but you can’t change the facts. This election, the Agranistas are going down in flames and very likely for the last time. Get used to it.

              • Pat, in the 8 years of running this blog with Chris, 3 politicos have lied to my face and one lied via email. Paul Walters, Dennis DeSnoo, and Steven Choi. Christina Shea lied via email until I emailed her a document proving she lied. People who lie about little things, lie about big things too.

                Choi lied about his address when he ran for assembly (Jerry Amante sued him for it). He showed poor taste and no class wearing the “Pelosi is Stalin” and “Pelosi is a Nazi” signs in Irvine in 2009. He played a part in lifting copyrighted while presenting them as factual. He’s a fraud.

                • Dan, you are entitled to your “frauds” and I to mine. That said, if Steven is a “fraud” then he is in the Little league when it compares to Major League player, Larry Agran. Guess we will have to agree to disagree on this one.

    • Bobby says: “Why dose the irvine community news say ” we are Irvine’s new community newspaper. Our mission is to report the news.” If it’s a political mailer. I can’t be both.”

      Yes it can be both “Bobby” – no law against that – caveat emptor.

  8. Hello “Bobby” — it’s a newspaper and a slate mailer. It’s a breath mint and a candy mint.

    Have the courage to post under your own name next time Coward (I know who you are), but then again, testicular fortitude was never your strong suit, is it?

    But I have to wonder if a certain South County political organization did the telephone survey where the caller told Irvine voters the OC DA’s office was conducting a criminal investigation of the Great Park when they aren’t.

  9. All newspapers are politically biased to one degree or another. Witness the Libertarian “Orange County Register” for that. Christine Shea seeks to discredit an innocuous newsletter because she fears it politically–which speaks volumes about her character. Lifting copyrighted material without permission violates North American Publishing laws. It’s also plagiarism and slander. Use published information, but attribute it properly.

  10. Even a blind person can see that this “non-partisan” reporting of local news called the “Irvine Community News & Views” is nothing more that a campaign promotion / slate mailer for Larry Agran .

  11. Well, I can see just fine and I think that the audit/investigation is a taxpayer funded device to generate political mailers for the Democrats (even though the city council election is non-partisan).

    After all the “mud-slinging” and accusation over the misuse of public funds ($200 million plus) at the Great Park shouldn’t they (you know who) be happy to have this audit to vindicate themselves?

    Just think what great political mailers that would generate!

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