Category: First Amendment rights

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crime and punishment First Amendment rights ideological culture

No Mystery, Just Confusion

woke, pc, woke culture

This week, two examples of “woke” political correctness shot across my visual field.

First, there was another classic 20th century writer bowdlerized by publishers and copyright holders so as not to offend the easily offended: Dame Agatha Christie.

As Robby Soave wrote in Reason, the great mystery writer has had her texts altered before, in the form of the title to her 1939 novel, And Then There Were None, which was originally published as Ten Little Indians. No, that’s not right. It was something far more offensive in America — but in U.S., one edition did use the less-offensive Ten Little Indians.

But now interior content of a much more innocuous sort has been changed. “A character in The Mysterious Affair at Styles who was referred to as a Jew — because, well, he is a Jew — is now just a person,” Soave explains. “And a servant identified as black no longer has a race at all.”

Nicety-mongering went much further in the second case, however, after the shooting at a Christian school in Nashville, Tennessee. The young woman who murdered three students and three adults at the school, and was then herself shot dead, sported, online, the pronouns “he/him.” In between blaming Republicans and the talking heads of The Daily Wire for this trans-gendered person’s suicide-by-cop murder spree, some journalists couldn’t help but scold others for mis-gendering . . . him?

At least one report referred to the perpetrator (whose name I see no reason to publicize) as a “trans-woman,” though, in current lingo, she (“he”) was a “trans-man.”

It does get confusing — but as sad as it can get, there’s no mystery here. 

This is Common Sense. I’m Paul Jacob.

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education and schooling First Amendment rights media and media people

License for Leftists

censorship, education, schools, Marxism

Libertarians should avoid taking sides in left-right antagonisms when promoting a principled third position would make more sense.

Regrettably, in “Christopher Rufo Wants To Shut Down ‘Activist’ Academic Departments. Here’s Why He’s Wrong,” libertarian magazine Reason fails to offer that alternative.

“In an essay published this week in City Journal,” author Emma Camp begins, “conservative activist Christopher Rufo argued that universities — or rather, the state legislatures governing these universities — should shut down ‘activist’ academic departments. But rather than protecting higher education, forcibly shutting down left-wing academic departments would be nothing more than routine censorship.”

Tellingly, she never defines “routine” censorship.

Let me help: routine censorship is the governmental policy of preventing or punishing private speech on private property. 

State colleges and universities are public institutions, politically established and subsidized by taxpayers. With few exceptions, “private colleges” are also routinely tax-funded at the demand end, and are further supported with research contracts.

Getting rid of Marxist professors preaching political revolution is no more anti-free speech than preventing the CDC and Anthony Fauci from conducting gain-of-function virus research within some college laboratory.

Ms. Camp quotes the Supreme Court about the importance of “safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned.” Freedom sounds great, but as usual, the Supremes forget that taxpayers have an interest, and that constraints on public schools was once routine.

So how not to “cast a pall of orthodoxy over the classroom”? 

Offer a third position: de-subsidize and dis-establish government “education” by empowering higher education’s customers. Let Marxist professors find payers in the private sector.

Instead, Emma Camp effectively tells conservatives they have no choice but to fund every leftist program that politics and the bureaucracy allow. She could have recognized that “Academic freedom” in the context of tax-subsidized schooling is merely ideological license.

Which is itself a sad alternative to real liberty.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights national politics & policies partisanship

Invitation to a Beheading

Twitter, Taibbi, hearings, Congressional Committee, stupidity

I don’t gawk at car crashes. I did not watch the ISIS beheadings. Bloody slasher movies aren’t my thing. 

And neither was the recent hearing held by the House Subcommittee on the Weaponization of the Federal Government. It was so hard to watch I could hardly take more than a few minutes at a time.

Before the committee appeared two of the three heroes of Twitter Files fame: Michael Shellenberger, listed as “Author, Co-founder of the Breakthrough Institute and the California Peace Coalition”; and Matt Taibbi, Journalist.

Or, as Del. Stacey Plaskett (D-U.S. Virgin Islands) referred to them, “so-called journalists” — before she asked her first question.

Mr. Schellenberger testified about “The Censorship Industrial Complex” and Mr. Taibbi’s testimony was a less elaborate narrative about how he got involved in the Twitter censorship issue, and what he discovered in working through the files. But Del. Plaskett and Rep. Debbie Wasserman-Schultz (D-Fl) were far more interested in discrediting what they said by attacking their qualifications and methods, not dealing with the facts they found.

Rep. Sylvia Garcia (D-Tx) was the worst. I hand it to you if you can stomach her full interrogation — I came away wondering mostly about her IQ.

My negative reactions? Hardly an outlier. 

“Journalists Matt Taibbi and Michael Shellenberger were a credit to their profession and to all Americans who genuinely care about a free press and the First Amendment,” wrote Maud Maron in an op-ed for The New York Post explaining why she was walking away from the Democratic Party: the party has fully endorsed censorship. The Democrats at the hearing “questioned, mocked, belittled and scolded [Taibbi and Schellenberger] for not meekly accepting government knows best” — proving themselves “an embarrassment.”

It might be good for our side when our enemies make fools of themselves. But it’s hard to watch.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights

Register the Critics!

Florida, censorship, blogging, license

Joy Reid cited it as just another example of “right-wing fantasy,” and Newt Gingrich had, if anything, worse things to say about it.

What is it?

A proposed Florida law advanced by State Senator Jason Brodeur (R-Lake Mary).

Senate Bill 1316 “would require bloggers to register with the state within five days of any post mentioning a state official, according to Florida Politics,” a Newsweek article explains. “It would then require bloggers to file monthly reports listing posts that mention officials, as well as any compensation for those posts.”

The legislation, which has not advanced far — and probably won’t — has received mostly negative responses. Former Speaker of the House Gingrich’s is typical: “The idea that bloggers criticizing a politician should register with the government is insane. [I]t is an embarrassment that it is a Republican state legislator in Florida who introduced a bill to that effect. He should withdraw it immediately.”

Promoters of the law defended it mainly by saying that Ginrich’s criticism mischaracterized the law. Not all political bloggers would have to register, only those paid to write would be. Only!

“If a blogger posts to a blog about an elected state officer and receives, or will receive, compensation for that post, the blogger must register with the appropriate office. . . .”

Former FEC Commissioner Brad Smith challenged the notion itself: “Would you apply this to journalists? Citizen who write letters to their representatives? People who talk to their neighbors? Why not? No, you don’t have a right to know who is paying them. You have a right to ignore them if that matters to you.”

Since the world began, politicians have had a very difficult time ignoring their critics. Instead, like this Florida Senator, they want to shut them up. By force. By intimidation. By regulatory harassment.

The First Amendment says NO.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights ideological culture media and media people

Roald’s Revenge

Roald Dahl, censorship

Two centuries after the heady days of Elizabethan drama, Thomas and Henrietta Bowdler produced The Family Shakespeare. 

In it they infamously “bowdlerized” the Bard. 

History has accelerated. Roald Dahl, the beloved author of arch children’s books (and more adult fare, too), had been dead only 33 years when it came out that his publisher is sanitizing his books. 

For the children.

For wokeness.

It’s not nice, you know, to call someone fat. Or to suggest that witches wore wigs because they were bald. 

So snip-snip and a trip to the thesaurus later, and British kids can now read the word “enormous” instead of “fat.” And learn, via addition (something the Bowdlers didn’t dare: they only made careful cuts), that “there are plenty of other reasons why women might wear wigs and there is certainly nothing wrong with that.”

Salman Rushdie called this “absurd censorship” and said that the culprits, Puffin Books and the Roald Dahl estate, “should be ashamed.”

The backlash has been huge, but the umbrella publishing house, Penguin, insists the unexpurgated Dahl will still be available, in a “Roald Dahl Classic Collection.”

Shades of New Coke versus Classic Coke!

In America, Penguin won’t even try to publish its sanitized editions.

There are several footnotes to the story. 

One: a four-decades old conversation “has come to light, revealing that [Dahl] was so appalled by the idea that publishers might one day censor his work that he threatened to send the crocodile ‘to gobble them up.’” 

Two: Ian Fleming’s James Bond is getting a similar treatment.

I’m reminded of the all-too-hungry crocs in Live and Let Die.

And where Dahl’s gobble-uppers should be when publishers place their toes in censorious waters.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets general freedom

Sneaky Censorship

disinformation, disagreement, censorship

If our government tried to march all dissenters to jail — or hang them all — it probably couldn’t get away with it. Too many Americans still have enough sense of fair play and concern for individual rights to make such ugly expedients untenable.

Also, the First Amendment hasn’t been repealed yet. Oh, no! So the non-crime of uttering “misinformation,” “disinformation,” “hate speech” — that is, uttering disagreement — can only be thwarted indirectly.

One way is for government officials to get chummy with compliant social media companies and point them to utterances (posted comments, videos) to censor.

Another is to fund organizations with missions of defunding wrongthinkers.

The Washington Examiner’s Gabe Kaminsky reports on the taxpayer-bankrolled conspiracy.

Congress funds the State Department and “two State Department-backed entities,” including National Endowment for Democracy; which has in turn been funding a British organization called the Global Disinformation; which has a group called the AN Foundation that is also called Disinformation Index Foundation; which is sending blacklists of websites that supposedly purvey disinformation to American ad companies like Microsoft-owned Xandr.

The State Department, not constitutionally authorized to censor our speech, gave over $300 million (three tenths of a billion) to the Endowment in 2021.

Websites to be deprived — and that probably have already been deprived — of advertising dollars as ad distributors seek to avoid “risks that arise from funding disinformation” include the New York Post, Reason, Newsmax, The Federalist, American Spectator. 

No commie egalitarians; no woke websites.

All very roundabout and mostly under the radar. As intended.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights judiciary partisanship

Disbar the Disbarrers?

Texas State Bar, politics, censorship, corruption

After Texas Attorney General Ken Paxton legally challenged how several states conducted the 2020 election, dozens of lawyers submitted complaints. 

To the state bar. 

Their idea: disbar the Republican officeholder for daring to oppose the current Democratic narrative about “election denialism.” 

The Office of Chief Disciplinary Counsel dismissed those initial complaints as “not demonstrat[ing] Professional Misconduct,” but several attorneys appealed the decision, including a friend of Paxton’s Democratic opponent in the 2022 election for attorney general. The Texas State Board reversed the dismissal. Now a judge has allowed the case against Paxton to go forward.

The threat of disbarment is increasingly being wielded as an ideological weapon and without regard to whether targeted individuals have committed any wrongdoing worthy of disbarment. It’s the lawyers’ version of cancel culture.

This is demonstrated in a lengthy report by Margot Cleveland in The Federalist, who details many other instances as well as Paxton’s. 

These include the DC Bar’s pursuit of former Assistant Attorney General Jeff Clark and the California Bar’s pursuit of John Eastman, among a “barrage of politicized bar complaints pursued against Republican lawyers who provided legal advice or litigated various issues in the aftermath of the November 2020 general election.”

The purpose, then, is not to combat corruption but to corruptly intimidate any lawyers inclined to represent Republicans in challenges of dubious election results. One malefactor is a group called 65 Project, targeting more than a hundred Republican-aligned attorneys but no Democrat-aligned attorneys. Seems partisan.

Should lawyers who seek to disbar lawyers solely because of political disagreements be disbarred themselves?

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights Internet controversy

Court Invokes First Amendment

hate speech, free speech, 1st Amendment

This is where we’re at. We must be in suspense about whether a judge will object when governments act to repress speech in the name of combatting “misinformation,” “disinformation,” or “hate speech.”

Fortunately, Judge Andrew Carter sees the obvious and has blocked a new New York State law to regulate “hateful” online speech. The law was challenged by anti-censorship video platform Rumble and the Foundation for Individual Rights and Expression.

Carter says: “The First Amendment protects from state regulation speech that may be deemed ‘hateful,’ and generally disfavors regulation of speech based on its content unless it is narrowly tailored to serve a compelling governmental interest.”

The alleged “compelling governmental interest” exception is vague and not really consistent with the First Amendment. But the judge otherwise makes sense.

Laws like New York’s constitute a cart blanche for government to repress speech — any speech.

Any controversial words can be labeled hateful, misinformative, disinformative. People have been censored for asseverating that there are only two sexes, that the COVID-19 injections aren’t really vaccines, that the U.S. shouldn’t send more than $100 bazillion to Ukraine, etc.

It’s hatefully misinformative disinformation to proclaim that debates about such questions are impermissible. But people in any case have a right to be wrong; others, the right to refute them.

When the truth is on your side, you have an advantage. But you can’t beam your understanding into the minds of others.

You must be free to speak.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights general freedom

The Last Shall Be First

Iowa Speech

The Iowa house has acted to make it easier for persons in the state to speak without getting sued into oblivion.

By a 94-1 vote, representatives passed House File 177, an anti-SLAPP bill that provides for prompt dismissal of lawsuits intended to intimidate people into silence rather than to redress wrongdoing. (A SLAPP is a “strategic lawsuit against public participation.”)

The bill seeks to protect “the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association.”

One lawmaker behind the bill, Republican floor manager Steven Holt, said that he made it a priority after the Carroll Times Herald was litigated into penury for reporting on the case of a local married police officer, Jacob Smith, who had pursued inappropriate relationships with teenage girls.

Just before the paper published its findings, Smith resigned from his job. Then he promptly sued the Herald for libel. The reporting would make things tough for him, he attested.

The suit failed, but not before a year in court that cost the small-town newspaper about $140,000 in legal fees and related expenses. (The paper has launched a GoFundMe campaign to recover this amount.)

David Keating, president of Institute for Free Speech, says that if the anti-SLAPP bill is enacted, “Iowa would leap from last to best in the nation at preventing frivolous lawsuits from threatening free speech.”

Let’s hope that all other states then play catch-up.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets general freedom international affairs

Censorship Rerun

Disney, China, Fox, censorship

The Disney company, old chum of Chinese tyranny, is at it again.

In November 2021, Disney hid from Hong Kong viewers an episode of The Simpsons that mentions the Tiananmen Square massacre in a way not laudatory of the Chinese government. Disney had recently acquired 20th Century Fox, now called 20th Century Studios, which produces The Simpsons.

And now Disney has removed an episode from its Hong Kong platform because it refers to “forced labor camps” in China.

Let us not say that The Simpsons is just a cartoon.

Everything you could want to know about the evils perpetrated by the Chinese government, as established by eyewitness accounts and other documentation, is available in many videos and articles and books. But not everybody reads Steven Mosher or BBC backgrounders on the detention and murder of the Uyghurs.

When a cartoon character says “Behold the wonders of China. Bitcoin mines, forced labor camps where children make smartphones, and romance,” a viewer not yet acquainted with China’s policies has two options. He can let the words slide by unheeded, or he can make a mental note to find out what the cartoon is talking about.

I don’t want a world where such opportunities for enlightenment in our most popular cultural products are routinely squelched — in Hong Kong or anywhere else — by the likes of Disney, an entity whose controlling officers are much more concerned to rationalize, hide, and accommodate tyranny than to expose and counter it.

With the Chinese Communist Party pushing Disney to censor, why don’t we pummel Disney in the pocketbook from the freedom side?

This is Common Sense. I’m Paul Jacob.

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