Category: First Amendment rights

Categories
First Amendment rights Fourth Amendment rights media and media people national politics & policies political challengers

The Citizen Threat

surveillance, government

“The Republicans,” said Tucker Carlson — speaking of elected Republicans — “who really do hate their own voters in a way that’s pathological, are just re-upping the spy laws to allow the Biden Administration to spy on their voters.”

Mr. Carlson is not wrong, at least about Republican leaders aiding Democrats in spying on conservatives and others who sometimes vote GOP.

Yes, the federal government’s surveillance and criminal “justice” apparatus has been directed by Democrats — the Biden Administration specifically, and whoever runs that — to target, as The Enemy, conservatives and others associated with (or merely adjacent to) the Republican Party.

This cannot be dismissed as a conspiracy theory. Democratic thought leaders pushed this new anti-terrorism paradigm from the first moments of the Biden Administration, in public. 

Or at least on MSNBC, where John Brennan clearly reconceived opposition to his Democratic Party as a movement looking “very similar to insurgency movements that we’ve seen overseas.” 

“Even libertarians,” he said, constituted “an insidious threat” to, not the Democratic Party, but “our Democracy.”

This perspectival shift, of seeing policy and political opposition as “insurgency,” is key to the new anti-democratic mindset.

And very real. It could end our small-r republican experiment.

Which brings us back to Republican politicians and their willingness to let Democrats institute a permanent pogrom against all who oppose Democrats’ big government programs.

Why do this? Out of hatred? Disdain? Fear?

Let’s not ignore the age-old impulse of politicians to squelch the speech of opponents. The longer in office, the more these careerists tend to view their own constituents as threats. After all, anyone might freely offer a complaint that emboldens or comforts the opposition. This is a bipartisan principle.

Better an enforced silence about the dictates of Washington, sadly, if you are a Washingtonian delivering dictates.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
education and schooling First Amendment rights general freedom international affairs

Cold Climate in Hong Kong

Hong Kong, China, censorship, freedom, mind control

“There is no ‘red line,’” says an anonymous thirty-something Hong Kong humanities professor. “If they want to come after you, everything can be used as an excuse.”

Grace Tsoi, writing for the BBC, shows what happens when political correctness returns to its roots in totalitarianism. As it has in Hong Kong, in the “People’s [sic] Republic [sic] of China [sick].” The young academic Ms. Tsoi is quoting elaborated the situation: “He says his nightmare is being named and attacked by Beijing-backed media, which could cost him his job, or worse, his freedom.”

Political correctness can cause academics in America their jobs, of course. But as relentless as our woke media and online mobs may be to “de-platform” people they disagree with, it’s harder to go all the way.

Under a totalitarian state, it’s easier to be more thorough.

That’s why totalitarianism is the modish form of tyranny that tyrants aspire towards.

More power.

“In the academic year 2021/22, more than 360 scholars left Hong Kong’s eight public universities,” Ms. Tsoi explains. “The turnover rate — 7.4% — is the highest since 1997, when Hong Kong returned to Chinese rule, according to official data. Foreign student enrolments have dropped by 13% since 2019.”

The chilling effect is arctic. Self-censorship has become the rule, in advance of expected censure, censorship, or worse. Hong Kong academics blame all this on 2020’s National Security Law, which “targets any behaviour deemed secessionist or subversive, allowing authorities to target activists and ordinary citizens alike.”

It’s worth remembering that while “secession” is a dirty word for the powerful, and subversion the enemy of all, it does depend on context: secession from a tyrannical state is liberation; subversion of an unjust system is justice.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
crime and punishment First Amendment rights judiciary

Court Halts Imprisonment for Speech

free speech, satire, mind control

Left-wing enemies of right-wing freedom of speech, specifically the freedom of speech of Douglass Mackey, recently got their way when U.S. District Judge Ann Donnelly sentenced him to seven months in prison.

But now, a month after sentencing, another court has said wait a minute.

As I reported in October, Mackey was convicted for actions in 2016 that nobody could have known would later be treated as crimes. The FBI had arrested him shortly after Joe Biden became president in January 2021 — as if waiting for a favorable political climate for an obviously partisan action.

According to selectively prosecuting U.S. Attorney Breon Peace, Mackey threatened democracy and sought to “deprive people of their constitutional right to vote.”

What attempted deprivation of voting rights? Did Mackey lock people in their homes so that they could not go out to vote? Steal ballots? Glare and scream at people walking toward a voting site?

No, all that this obvious opponent of Hillary Clinton did was publish satirical posts telling Hillary voters to vote by text, much easier that way. Obnoxious, maybe; or silly. But the posts had no power to hypnotize or derange anyone or, for that matter, prevent anyone from double-checking with an election office or Google. And prosecutors brought in no voters who claimed to have been fooled by the obvious jest — which arguably was satire, a jape upon Mackey’s political opponents.

There’s no there there. Nevertheless, Mackey’s liberty has been at risk at least since 2018, when his legal name behind his pseudonymous social media presence was revealed.

It’s still at risk. But the Second Circuit Court of Appeals has blocked Mackey’s seven-month imprisonment until his appeal can be decided and the free-speech issues properly adjudicated.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
First Amendment rights general freedom government transparency

The Censorship Industrial Complex

censorship, social media

“Many people insist that governments aren’t involved in censorship,” tweeted Michael Shellenberger on Tuesday, “but they are. And now, a whistleblower has come forward with an explosive new trove of documents, rivaling or exceeding the Twitter Files and Facebook Files in scale and importance.”

Because much of recent years’ censorship has occurred on corporate-owned-and-run social media platforms, like YouTube, Facebook and Twitter (now X), some have claimed “it’s not censorship” and, because private, is immune to legal prosecution. This quasi-libertarian argument was most vociferously marshaled by leftists and centrists, who’ve found in the libertarian “private property is sacred” ideal a handy excuse for the censorship they love.

They love it because of what they hate: Fox News, most specifically, and alternative media based on podcasting and vlogging platforms, more generally. These media outlets have bucked the foreign policy establishment as well as the new racism of Critical Race Theory, and official narratives about COVID. 

So they must be squelched — as “disinformation.”

This is all made more clear in what Shellenberger calls “The CTIL Files.” 

The leaked documents “describe the activities of an ‘anti-disinformation’ group called the Cyber Threat Intelligence League,” which “officially began as the volunteer project of data scientists and defense and intelligence veterans but whose tactics over time appear to have been absorbed into multiple official projects, including those of the Department of Homeland Security.’’

While government operatives and contractors organized, at first, to avoid constitutional and legislative limitations to conducting propaganda and psychological warfare against Americans, the plan was, from the beginning (says the source), “to become part of the federal government.”

In the end, “the military and intelligence agencies” got involved, along with “civil society organizations and commercial media.” Methods used include burner phones, plausible deniability, and “sock puppet accounts and other offensive techniques.”

You can watch today’s hearing (10:00 AM EST) of the Select Subcommittee on the Weaponization of the Federal Government, featuring Shellenberger, Rupa Subramanya, and Matt Taibbi.

Tell me what you think.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
crime and punishment First Amendment rights general freedom

Disagreeing With Päivi Räsänen

Finland, pride, gay, censorship, religion, belief, mind control

In 2019, Finnish politician Päivi Räsänen cited the Bible in her Twitter account in order to express her views about sex and Christianity.

“How does the doctrinal foundation of the Church fit in with shame and sin being raised as a matter of pride?” Räsänen asked (in Finnish). Her tweet included a link to an Instagram post displaying Romans 1:24-27, which refers to how males “did shameful things with males and thus received in their own persons the due penalty for their perversity.”

Whether you or I agree with Räsänen’s view that homosexuality is per se immoral is irrelevant. What is not irrelevant is our support for freedom of speech and religious expression: she should surely not be prosecuted for expressing her opinion!

But Finnish police investigated her for the tweet. For good measure, they also included as a possible charge her 2004 publication of a pamphlet questioning same-sex marriage and discussing related issues. She had published the pamphlet before it became illegal in Finland to express such opinions.

Now Räsänen and a Lutheran bishop being prosecuted for similar reasons have been acquitted.

This is a second acquittal. In 2022, the Helsinki District court ruled that it’s not the job of the court “to interpret biblical concepts.” A state prosecutor replied, “You can cite the Bible, but it is Räsänen’s interpretation and opinion about the Bible verses that are criminal.”

Politicians of Finland, don’t continue on this dark path. Revoke all laws that aim to jail people who disagree with you.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
First Amendment rights judiciary

Untruth Speaker, Untruth Speaker

Donald Trump

“You can’t call anyone a liar?” Judge Patricia Millett asked federal prosecutors, “with a tone of incredulity,” according to The Washington Post report.

Millett, along with Judges Cornelia T.L. Pillard and Bradley Garcia, serves on the three-judge panel of the federal Court of Appeals for the D.C. Circuit. This week they devoted two hours to the appeal of a federal district judge’s gag order placed on former president Donald Trump.

Under Millett’s questioning, federal prosecutor Cecil VanDevender agreed that under the order Mr. Trump could say that someone testifying against him was “an untruth speaker” but not call that person a “liar.”

“He has to speak ‘Miss Manners’ while everyone else is throwing targets at him?” inquired Judge Millett. “It would be really hard in a debate, when everyone else is going at you full bore.”

She noted that the First Amendment importantly protects inflammatory speech, adding with some exasperation: “Your position doesn’t seem to give much balance at all to the First Amendment’s vigorous protection of political speech.”

Trump’s attorney argued that the current leading Republican presidential candidate has taken advantage of the order’s stay, pending this appeal, by “posting about this case almost incessantly since the day it was filed and they haven’t come forward with a single threat that’s even arguably inspired by any evidence in his social media posts.”

The three-judge panel, at least as The Post reads the hearing’s tea leaves, “indicated it may narrow the order prohibiting the former president from attacking individual prosecutors . . . or from calling potential witnesses against him ‘liars’ in the heat of next year’s campaign.”

It should. Unless the speech is specifically criminal it should be freely allowed. Orange Man should have the same rights we all rightly possess.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
First Amendment rights Internet controversy social media

One for the Memory Hole?

Osama, letter, censorshiip, Tik Tok

An important historical document. Though published all over the Internet, it was most linked-to where it was housed by The Guardian, the British newspaper.

But it has been taken down by The Guardian. This is what it says on the page where it formerly resided:

Removed: document

This page previously displayed a document containing, in translation, the full text of Osama bin Laden’s “letter to the American people”, which was reported on in the Observer on Sunday 24 November 2002. The document, which was published here on the same day, was removed on 15 November 2023.

The transcript published on our website had been widely shared on social media without the full context. Therefore we decided to take it down and direct readers instead to the news article that originally contextualised it.

Just like the news media, claiming their coverage provides full context, but deprecating the primary source document itself!

Orwellian.

In an article on Thursday, “TikTok ‘aggressively’ taking down videos promoting Bin Laden ‘letter to America,’” The Guardian explains some of the background of the current fracas. Youngsters on TikTok and elsewhere had recently discovered Osama bin Laden’s letter — which Representative Ron Paul has often famously referenced — and were expressing their surprise, interest, and judgments on social media. Many of them were awful takes, of course, as is common among the young . . . and others. 

But remember the keywords: free speech.

Under pressure from politicians, bureaucrats, Jewish activist groups, and conservative influencers, the free speech of users of Tik Tok and X (to name just two) were abridged, disallowed from expressing their opinions of — or even quoting — the late terrorist.

TikTok explained itself on X: “Content promoting this letter clearly violates our rules on supporting any form of terrorism. We are proactively and aggressively removing this content and investigating how it got onto our platform.”

Discussing the letter is not, of course, “supporting” “terrorism.”

Yet Osama’s letter has been scrubbed from most websites that had published it. It can nevertheless be found, by paying subscribers, at scribd.com — at least it could as of Sunday.

This is Common Sense. I’m Paul Jacob. 

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
First Amendment rights national politics & policies

Limits “Of” not “To”

anonymous, masks, privacy, freedom

When people talk about “limits to free speech,” do they know what they’re talking about?

“Is there a limit, in your opinion,” an audience panel member on Fox’s The Faulkner Focus asked former U.N. Ambassador and former South Carolina Governor Nikki Haley, “to free speech?” 

The questioner explained that “we all know you can’t go into an airport and shout ‘bomb,’ and yet, right now, you can chant, on college campuses, to ‘kill all the Jews. . . .’” She demanded to know what the limits are.

Freedom of speech is a term of art for the speech that liberty allows; speech involving actual crime — in planning — has always been (and should now be) illegal. 

But don’t demand limits to free speech. Instead enforce the limits of free speech. There is a logic to the notion.

How did presidential candidate Nikki Haley respond?

She said we never want to give up on free speech, but “the difference is when you are pushing violence.” Then Haley went to a more mainstream set of arguments blaming current ideological turmoil on misinformation online. Her response: End anonymity on the Internet. 

This struck many critics as rather extreme. In a “partial” walk-back, yesterday, Haley told CNBC, “I don’t mind anonymous American people having free speech; what I don’t like is anonymous Russians and Chinese and Iranians having free speech.”

But of course if all are not required to register to speak, name attached, then there is no way to catch the non-Americans.

As inheritors of a political and legal system that was achieved, in no small part, by pseudonymous speech — think Cato and Publius and the Federal Farmer — I suggest another kind of limit: caution.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
First Amendment rights ideological culture Internet controversy social media

Domination by Pseudo-experts

Biden, censorship, sniffing

It’s official.

The overt and covert censorship of social-media posts over the last several years has been extensively documented in a new congressional report, “The Weaponization of ‘Disinformation’ Pseudo-experts and Bureaucrats: How the Federal Government Partnered With Universities to Censor Americans’ Political Speech.”

Anyone paying attention knew that this was happening. We knew that Google, Facebook, pre-Musk Twitter and others of the biggest social-media companies were systematically stopping account holders from uttering opinions that contradicted official government doctrines about COVID-19, elections, and other matters.

We also knew that government officials were publicly and vehemently “suggesting” that social media companies try harder to stomp speech that some government officials disagree with.

We didn’t know — until government emails and other documents came to light thanks to various lawsuits — how routinely, behind the scenes, many federal officials were directing the censorship of specific disapproved posts.

The report’s authors say that as the 2020 election approached and the pandemic raged, people sought to discuss “the merits of unprecedented, mid-election-cycle changes to election procedures” and other controversial matters. But “their constitutionally protected speech was intentionally suppressed as a consequence of the federal government’s direct coordination with third-party organizations, particularly universities and social media platforms.”

We have other sources of many of the facts here outlined. But the fact that the abuses are being formally acknowledged and detailed by the anti-censorship wing of the federal government — instead of being swept under the rug, as is traditional — may help prevent this form of election interference from happening again.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder / Firefly / DALL-E2

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
First Amendment rights Internet controversy social media

Memester to the Pokey

vote, garbage can, dumpster

It was a joke. For which he’s been sent to prison.

A political joke online.

Admittedly, it wasn’t very funny. It certainly wasn’t new. That is, the general idea has been floating around for as long as there have been ballot boxes. 

The ur-form of the joke is “Hey, [political opponent], why don’t you deposit that ballot right here in this handy receptacle [trash can]?”

The specific joke that got Douglass Mackey into big trouble sported an image of a smiling black woman in front of a white-on-blue “African Americans for Hillary/President” sign, along with the message: “Avoid the line. Vote from home. ¶ Text ‘Hillary’ to 59925 ¶ Vote for Hillary and be a part of history.”

It arguably flirted with dirty tricks of the sort honest people don’t engage in. But a lot of partisans do that sort of thing, not just Mr. Mackey, who posted the joke to his now-defunct “Ricky Vaughn” Twitter account. A better version of the joke about the same time was not only never prosecuted, the link to it’s still on Twitter (X). It just so happens, however, to have been made by a Democrat . . . against Trump voters.

Trolls flirting with Dirty Trick status are not criminals; there is the First Amendment. But what Mackey was successfully prosecuted for (he was sentenced last week to seven months) was “Election Interference.”

Tellingly, ZERO is the number of voters stepping up to testify that they were tricked into texting 59925 and then not voting by his lame meme. If there were any, they might understandably be too humiliated to bear witness.

Curiously, the law he violated does not mention misinforming a person as a criterion for criminality.

A country that selectively prosecutes this sort of thing — can it be said to be free?

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with Picfinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts