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crime and punishment First Amendment rights general freedom

Doxxing Dissent

California lawmaker Steve Padilla is apparently indifferent to the speech-​enabling virtues of anonymity. The state senator (18th District) has no problem violating the First Amendment rights of persons who conceal their identity the better to speak out.

Padilla is proposing legislation, SB1228, to compel social media companies to compel social media “influencers” who’d rather remain anonymous to identify themselves. A company that fails to comply would risk being penalized.

And I hear it often: why anonymity? Folks should own up to their speech!

But many people have good reasons for remaining anonymous when they publish their views. One is to protect themselves from harassment by private parties. Another is to protect themselves from harassment, or worse, by governments.

Tiffany Donnelly of the Institute for Free Speech observes that the United States has a long history of anonymous political speech.

Investigative journalism “often relies on anonymous sources. Americans use social media to express political opinions that might cause them to lose their jobs. Political dissidents who fled to the U.S. to escape tyrannical governments use social media to speak out against those repressive regimes.”

Once social media companies collect the ID data, then what?

Perhaps the information is supposed to just sit in the companies’ computers. But once it becomes known that certain anonymous but controversial writers are being forced to supply personal information, this information becomes a target — for hackers, state governments hiring hackers, disgruntled moderators who may decide to “out” the commentators they dislike.

The bill won’t stop “misinformation,” but it will discourage discourse. 

Specifically, dissent.

It’s this bill that should be stopped.

This is Common Sense. I’m Paul Jacob.


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crime and punishment election law partisanship

Threshold Crossed

We’ve seen many sad days for our republic. But now the country has crossed a certain horrible threshold of banana-republic-hood.

Guided by a corrupt judge, a New York City jury has found former President Trump guilty of all 34 of the District Attorney Alvin Bragg’s bogus charges. Something or other to do with Stormy Daniels, an alleged affair, paying off an extortionist, federal election laws, and bookkeeping.

With Trump targeted by so many show trials launched solely to punish his ascendancy and prevent his reelection, chances were that at least one of these elephantine efforts would extract a conviction. Even people lousy at darts hit the dartboard sooner or later if they throw a thousand darts.

As Katie Pavlich notes, during the trial prosecutors didn’t “focus on proving the fraud charges” but on “hush-​money payments” and “irrelevant salacious details of an alleged affair.” Who needs a definable crime when Being Trump is crime enough?

The verdict made one reader at Instapundit “realize just how dependent the Democrats have become on appearing legitimate. Where there is no substance, form must take precedence. [So we’re] offered oppression as ‘democracy’ and Stalinist show trials as ‘justice.’”

There are so many irregularities in the charges and the conduct of the trial that the verdict is bound to be overturned on appeal.

By some court. Somewhere. No?

But the damage has been done. The worst politicos and operators are now high-​fiving each other, little caring about implications and long-​range effects. As if they cannot see the next step. 

As if they cannot see they are behaving like the caciques of a banana dictatorship.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom

Vindication at the Gym

Crime: functioning.

In July 2020, police in Bellmawr, New Jersey arrested Ian Smith and Frank Trumbetti, owners of Atilis Gym, for resisting tyranny. A few months earlier, they had defied lockdown orders imposed by the administration of Democratic Governor Phil Murphy by reopening their business.

Smith contended that the lockdown mandates were unconstitutional and especially harmed small businesses.

We all remember how certain “essential” businesses, often larger ones, were allowed to function in lockdown regimes that compelled smaller, “nonessential” operations to close. Some states enforced such mandates more vigorously than others.

The arrest was a major production, complete with handcuffs, as if the gym owners were finally-​cornered mob bosses. The iansmithfitness Twitter account posted a video of the arrest, along with a message: “Welcome to America 2020, where feeding your family and standing up for your Constitutional rights is illegal.”

Murphy also seized the gym’s assets: $165,000, “done in the middle of ongoing litigation defending ourself against these, our 80 charges, the revocation of our business license.… This was never about protection, it was always about control.”

Smith and Trumbetti have been fighting the injustice all these years. Apparently, New Jersey officials could not see their way to dropping their pseudo-​case voluntarily and providing an apology, maybe even restitution.

Now, in May 2024, almost four years later, all charges and summonses have been dismissed. But the gym has not recovered the $269,000 in fines and court costs it’s had to pay out.

That’s a crime. And dysfunctional.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights national politics & policies

Bills of Suppression

In 2021, Democrats took aim at persons who donate to Democrats’ opponents with legislation called the For the People Act, which Republicans successfully blocked.

Back then, Bradley Smith, chairman of Institute for Free Speech, observed that the legislation aimed to violate the rights of groups “who do nothing more than speak about policy issues before Congress.” It would also have limited political speech on the web.

Now the bill is being resurrected as two separate pieces of legislation, each with language purporting to counter the purported threat of artificial intelligence. They are the Protect Elections from Deceptive AI Act and the AI Transparency in Elections Act.

Some Republicans seem to be buying into the resuscitated anti-​speech agenda, even though the legislation incorporates many proposals — even much of the same language — from the earlier bill. Again, says Smith, the goal is to expose conservative donors to “to harassment and boycotts.” Also to outlaw content called “materially deceptive content” as judged by a “reasonable person.” 

Of course, “reasonable persons” can and do disagree about the meaning of various speech and whether it’s “deceptive.” It’s reasonable to assume that the legislation, if enacted, will be used against speech that enforcers happen to disagree with.

As for actually deceptive speech: all manner of jabberwocky is protected by the First Amendment unless uttered to rob or defraud someone. If I tell you the moon is green cheese and you believe it, that may be sad. But I haven’t picked your pocket … or made you eat lunar cheese.

This is Common Sense. I’m Paul Jacob.


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crime and punishment media and media people partisanship

So Low

“I have to admit: none of this is playing out like I thought it would,” Fareed Zakaria told viewers of his CNN program last weekend.

“Trump is now leading in almost all the swing states,” Zakaria noted, adding that he is “someone worried about the prospects of a second Trump term.”

The host’s opening monologue on Fareed Zakaria: GPS went on, complaining that, “The trials against [Trump] keep him in the spotlight, infuriate his base — who see him as a martyr and even may serve to make him the object of some sympathy among people in general who believe that his prosecutors are politically motivated.”

Leave it to the Democrats to turn Mr. Trump into a sympathetic figure … with Zakaria then agreeing that these prosecutions are politically motivated.

“This happens to be true, in my opinion. I doubt the New York indictment would have been brought against a defendant whose name was not Donald Trump.”

And Fareed is not alone, even at CNN, where Elie Honig also acknowledged that, had the prosecution been brought in a less rabidly Democrat area than New York City, “there’s no chance of a conviction.”

No statement is more compelling in a court of law than what is known as a statement against interest, the admission of facts that do not serve the person so conceding or that person’s side. That’s what we now witness … as even CNN commentators recognize that the former president is being politically railroaded.

No one is above the law. That phrase loses some punch, however, when “the law” sinks so low.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom

ATF’s 115-​Year Mistake

“Oops. Sorry about almost sending you away for 115 years. Case of mistaken identity and dishonest testimony.”

But Bryan Montiea Wilson did not get even a “sorry” from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or local law enforcement.

Wilson, who works for a railroad equipment manufacturer, had never been arrested when ATF agents nabbed him in December 2023. Accused of gun and drug sales to local police officers said to be working with the ATF, Wilson could only repeatedly assert his innocence.

His looming punishment included up to 115 years in prison and millions in fines. Then, suddenly, he was released.

How did Wilson wind up being falsely accused? The Truth About Guns site reports that prosecutors realized their blunder after his court-​appointed lawyer investigated. But an uninformative request to dismiss the case is all ATF offered.

“Further review … reveals that the interests of justice would best be served by a dismissal of the pending charges as opposed to further prosecution.… The Government respectfully requests that the Court dismiss the pending charges against defendant Bryan Montiea Wilson.”

I guess we can thank the prosecutors for mentioning “justice.” But there should at least be an accounting in such cases; and this accounting, plus further consequences, should be mandatory.

“Something got messed up and they landed on me,” Wilson says. “I don’t know how this happened, but it can’t happen again. It shouldn’t happen again.”

Wilson has filed a federal civil rights lawsuit.

This is Common Sense. I’m Paul Jacob.


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