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First Amendment rights national politics & policies

Public-Private Censorship Partnership

When government pays people to help censor critics of its policies and talking points, this makes it even more obvious that it’s acting to repress speech and violate the First Amendment.

Thanks to a recent lawsuit against the Biden administration, we have been seeing emails confirming that government officials routinely ask Big Tech to censor this and that.

Now, Just the News reports that government agencies and liberal groups such as Common Cause and the Democratic National Committee worked with a consortium of private groups — the Election Integrity Partnership — during the 2020 election season to target and censor social media posts.

The EIP “set up a concierge-like service in 2020 that allowed federal agencies like Homeland’s Cybersecurity Infrastructure Security Agency and State’s Global Engagement Center to file ‘tickets’ requesting that online story links and social media posts be censored or flagged by Big Tech.”

About 35 percent of the many posts EIP flagged in 2020 were sanctioned in some way by Big Tech.

Millions of tax dollars have been funneled to consortium members to fund these efforts to censor “misinformation,” i.e., speech that government officials disapprove of.

The EIP remains active in 2022.

Of course, politically controversial speech is just the kind of speech that the Founders were concerned to protect. Madison and Mason didn’t expect that the ability to publicly debate whether Bach is better than Beethoven or the best way to shingle a roof would ever be in great jeopardy.

This is Common Sense. I’m Paul Jacob.


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Repression Pal

No explanation, no warning.

PayPal has closed the account of another innocent customer: UsForThem, a UK organization that has fought to keep schools open during the pandemic.

PayPal also blocked the group’s access to its PayPal balance, thousands of pounds in donations, for 180 days.

According to cofounder Molly Kingsley: “No prior warning or meaningful explanation was given, and despite their saying we could withdraw our remaining balance, we cannot.”

This is, alas, just one of many examples. 

Last year, the Electronic Frontier Foundation reported that PayPal shut down the twenty-year-old PayPal account of Larry Brandt, which he had been using to support Tor. Tor is a way of encrypting Internet communications to protect the privacy of users, in part from regimes that repress political opponents.

No explanation, no warning — and, again, the same 180-day lockdown of funds belonging to the account holder.

At least in its stated intentions, PayPal originated as a radical alternative to establishment ways of doing things. But it now conducts itself in a repressive spirit, routinely hobbling customers whose legal speech or other legal activities it dislikes.

Or perhaps that governments dislike.

Email documents made public during a recent lawsuit in the United States confirm that our own federal government is issuing marching orders to Big Tech firms to repress users who say or do things that government officials dislike. 

The firms are loath to acknowledge such pressure openly, let alone refuse on principle to cooperate. 

This is how the Bill of Rights becomes void: made irrelevant in secret public-private partnerships.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom international affairs paternalism too much government

Deadly Dress Code

Iranian women are again out in the streets protesting the brutality of the regime.

We can only hope that their efforts will bear fruit — or, if we’re Elon Musk, we can also provide protesters with Internet service via Starlink satellite, now that the Iranian government has blocked the Internet in much of the country.

The immediate spark was the death of 22-year-old Mahsa Amini.

On September 13, Mahsa was arrested by Iran’s morality police for incorrectly wearing the hijab, the traditional head covering mandatory for Iranian women since 1979. Some of her hair showed.

According to witnesses, the police beat Mahsa in the police van; the police deny it.

Within hours of being detained, Mahsa was hospitalized and in a coma. She soon died. The police not very plausibly claimed that she had a heart attack. All a terrible coincidence. The family says that Mahsa had no health problems before being detained.

The immoral morality police were obeying the country’s new president, Ebrahim Raisi, who on August 15 decreed that the nation’s dress code be more strictly enforced.

The protests — in which women have been burning their hijabs, cutting their hair, and shouting “Death to the oppressor!” — are ongoing and nationwide, and have spread to other countries. 

At least thirty protesters have been killed.

In the words of the New Yorker’s Robin Wright, Mahsa’s death “lit the fuse of long-smoldering dissent in Iran,” and its people have taken to the streets before.

Godspeed this time.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Fourth Amendment rights

The Bidening

It does seem — because of the raids and surveillance and things targeting critics of the regime — that the Biden administration (“the Biden”) is out to get its political opponents.

John Hinderaker of Powerline notes a few recent tip-of-the-iceberg actions by the Biden or its political allies.

The Dilbert comic strip by Scott Adams was suddenly dropped from 80 newspapers after the strip began mocking certain modish pieties about diversity. We’ve learned that ostensibly private censorship is often done at the behest of government or politicians eager to muzzle somebody.

The Biden issued a slew of subpoenas to persons associated with the Trump administration for documents about efforts to challenge the 2020 election results. Nearly all these pertain “to activities that are plainly lawful,” observes Hinderaker.

The Biden seized the cell phone of Mike Lindell, CEO of MyPillow and infamous skeptic of the 2020 election results. He’s accused of identity theft and damaging a computer related to an alleged breach of Colorado voting machines, accusations that Hinderaker regards as implausible on their face. “This all has to do with his opposition to the regime.”

Although the Biden may provide rationales for the targeting, these tend to be paper-thin. Why? Probably because the Biden wants you to know exactly why all this banana-republic stuff is happening. You are expected to take the micro-thin excuses as a hint — so that you will adopt a paranoid stance.

And to avoid saying or doing anything that may get you, too, targeted by the Biden.

This is Common Sense. I’m Paul Jacob.


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crime and punishment education and schooling First Amendment rights folly general freedom

Freedom of Disassociation?

Groucho Marx famously quipped that he wouldn’t want to join any club that would have him as a member. Some people take this hankering to an extreme: they want to force every group averse to their membership to accept them.

Keywords: forced inclusion. The current political rage — thought to be a “right.”

Now, Yeshiva University, which calls itself “the world’s premier Torah-based institution of higher education,” does not accept homosexuality. It’s against the Law.

And by “the Law” they mean: the ancient Jewish scriptures.

For those of us who are neither Jewish nor gay, we might look upon both groups as “clubs.”  And being in neither, we might just shrug; we aren’t going to be accepted in the either ranks and that’s just fine.

But some students at Yeshiva University tried to form an LGBT group on campus. The university resisted, the case went to court, and a court ordered the university to accept the group. And then last week, the Supreme Court refused to order a stay on the lower court’s order.

In reaction, Yeshiva University has suspended all campus club activities.

“Every faith-based university in the country has the right to work with its students, including its LGBTQ students, to establish the clubs, places and spaces that fit within its faith tradition,” the university’s president proclaimed. “Yeshiva University simply seeks that same right of self-determination.”

Since the right to “freedom of association” is part of the Bill of Rights, one might think this would be non-controversial in America. And settled law. 

But one would be wrong. On both counts. 

This is Common Sense. I’m Paul Jacob.


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Accountability First Amendment rights general freedom social media

Facebook, the FBI’s Snitch

All we have is the word of Department of Justice whistleblowers.

They told the New York Post that over the last 19 months, Facebook has been cooperating with the FBI to spy on “private” messages of users “outside the legal process and without probable cause.”

The targets were gun enthusiasts and those who questioned 2020’s election results.

“They [Facebook and the FBI] were looking for conservative right-wing individuals. None were Antifa types.”

According to the whistleblowers, Facebook flagged allegedly subversive private messages and sent them to the FBI to be studied by agents specializing in domestic terrorism.

Facebook provided the FBI “with private conversations which are protected by the First Amendment without any subpoena.” Subpoenas were then issued to obtain the conversations that Facebook had already revealed to the FBI.

According to one DOJ source: “As soon as a subpoena was requested, within an hour, Facebook sent back gigabytes of data and photos. It was ready to go. They were just waiting for that legal process so they could send it.”

Facebook has issued a denial. The FBI has issued a non-denial denial.

The allegations might seem very implausible but for the fact that as the November election approaches, the DOJ has been openly targeting Trump allies for claiming “that the vice president and/or president of the Senate had the authority to reject or choose not to count presidential electors.”

In short, for talking out of turn.

This is Common Sense. I’m Paul Jacob.


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Okay Not to Harm

A recent appeals court ruling means that (some) doctors and other medical practitioners won’t be forced to violate their ethical principles against doing harm.

The Fifth Circuit ruling affirms a lower-court decision “permanently enjoining [HHS] from requiring Franciscan Alliance to perform gender-reassignment surgeries or abortions in violation of its sincerely held religious beliefs.”

What is troubling about the decision is its apparent incompleteness.

In a truly free society, no private professionals or organizations would be coerced to offer their services to anybody. Everybody would be free to participate or to decline to participate in any transaction with a prospective customer related to any medical procedure. Just as any person is now (mostly) free to patronize or not patronize any provider of a good or service.

We don’t live in that free society. But at least we can hope that no person will be compelled to provide the types of services that violate the person’s moral conscience.

Like services they believe harm others.

That harm children . . . including the unborn.

So the court’s ruling is fine — as far as it goes. But it seems to protect only persons making religious objections, or only members of the Franciscan Alliance, not also non-religious medical practitioners who also morally object to providing abortions or sex-change operations.

Which means that there is more legal work to be done to protect the rights of all of us.

This is Common Sense. I’m Paul Jacob.


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Collusion!

Yes. Active collaboration every step of the way.

Material produced during the discovery phase of a lawsuit accusing the Biden administration of censorship is confirming what was already obvious: Big Tech’s ongoing censorship of social-media opinion about the pandemic has been undertaken largely at the behest of government.

A few of the emails confirming this:

  • April 16, 2021. Twitter emails White House officials about briefing them on “vaccine misinformation.”
  • July 16, 2021. Facebook emails the surgeon general that “our teams met today to better understand the scope of what the White House expects from us on misinformation going forward.”
  • July 23, 2021. The Facebook official tells HHS how Facebook will be “increasing the strength of our demotions for COVID and vaccine-related content that third party fact-checkers rate as ‘partly false’ or ‘missing context.’ ”

There’s mucho mas where that came from.

The public does not yet possess the requested documents from the Department of Justice of communications between DOJ officials and social-media officials. Getting those has been like pulling teeth. Why? Chances are 99.999 percent that they’ll only further confirm our thesis that over the last few years (at least) the federal government has been routinely violating the freedom of speech protected by the First Amendment. 

To do so, it delegates the job of gagging people to private firms in order to pretend that the coercive power of government is not itself being used to gag people. 

But marching orders are marching orders.

This is Common Sense. I’m Paul Jacob.


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The Method to the Current Madness

The safety and efficacy of the coronavirus vaccines has been disputed from the beginning.

What this usually means is that those of a skeptical mind challenge the confidence of the pro-vax mantra — “safe and effective” ad nauseam — and, when they find stats that run counter to this official position, they publicize those stats. Then, major media outfits make a few carping criticisms of the new studies and quickly proceed to assuredly re-state as fact the original and now more-dubious propaganda. 

Meanwhile, social media censors dissidents. And when more studies come out casting grave doubt on either the safety or the efficacy of the new drugs, those receive little public attention.

How Alex Berenson was treated is a good example of the methods of the orthodoxy. Take Wikipedia’s judgment: “During the coronavirus pandemic, Berenson appeared frequently in American right-wing media, spreading false claims about COVID-19 and its vaccines,” the article confidently runs. “He spent much of the pandemic arguing that its seriousness was overblown; once COVID-19 vaccines were rolled out, he made false claims about the safety and effectiveness of vaccines.”

False claims! In olden times — why, it seems like just a few years ago — a major news and history resource would not baldly call some contentious matter “false” or “true.” It would state the claims and then let the counter-claims carry their own weight.

In the case of “the safety and effectiveness of the vaccines,” though, it has become clear: their efficacy wanes, diminishing quicker with each dose, leaving the unvaccinated with proportionally fewer infection and spreading events than the “boosted.”

And as excess deaths and inexplicable demises increase around the world we are “not allowed” to state this in many public forums.

No way to run a health crisis.

This is Common Sense. I’m Paul Jacob.


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Fifth Amendment rights First Amendment rights general freedom nannyism national politics & policies

Just a Board Whose Intentions Were Good?

They say it was all a terrible misunderstanding.

The Department of Homeland Security has caved and is now closing its new Disinformation Governance Board. Critics had been disinformatively saying that the board would probably be used for censorious purposes.

Au contraire, says DHS — even though the board was originally headed by an exponent of countering wrongthink about such matters as the “alleged” Hunter Biden laptop. No. Per DHS, this board really, truly, deep down, supposedly had only benign intentions.

When announcing the shutdown, DHS also announced that it has a bridge to sell you.

(Gotcha! DHS didn’t announce anything about a bridge. That’s just a bit of disinformation that I perpetrated with the help of my woefully abused First Amendment–protected freedom of speech!)

In May, DHS Secretary Mayorkas insisted that the board was no threat to free speech. The point was to address threats “without infringing on free speech.” Rather, the board would be doing things like disputing the strangely persuasive misinformation that the U.S. now has an open southern border.

Even early on, though, the board had been planning to coordinate its anti-disinformative efforts with Big Tech social media firms, which have been censoring on behalf of government. And various government officials will still be working to delegate the nuts and bolts of violating the First Amendment to Twitter, Facebook, YouTube, et al. No letup on that front in sight.

DHS may be ending its ill-named board. But beware: its spirit and agenda live on.

This is Common Sense. I’m Paul Jacob.


NOTE: This board was previously discussed in these pages on May 2, in “Homeland Censorship Board.”

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