Category: First Amendment rights

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First Amendment rights general freedom term limits

Too Many Words

Mount Pleasant, lawsuit, Attorney Chris Smith Kelly Gallaher,

The Institute for Justice (IJ) asks a question: “Does the First Amendment protect your right to criticize public officials without being subject to frivolous lawsuits?”

Kelly Gallaher is an activist in Mount Pleasant, Wisconsin, who provoked the ire of Village Attorney Chris Smith.

Seeking punitive damages, Smith has sued Gallaher for inflicting “emotional distress.” Her sin is penning “hundreds of posts on social media” criticizing Smith and other officials and their policies. (Hundreds! So many scribblings by just one person?)

The issue that apparently caused him to say “By Gawd, this is the last dang straw!” is term limits.

Recently, the town’s board of trustees voted to lengthen their elective term from two to three years. Gallaher and others called for a referendum to reverse the term-fattening.

To assuage concerns, Smith claimed that changing term limits had been discussed since 2018; in other words, the change wasn’t something being sprung without prequel. When Gallaher, remembering no such previous discussion, found no evidence of it, she suggested that Smith had lied.

Smith demanded a retraction. Gallaher didn’t want to retract, but did, fearing a lawsuit. Smith sued her anyway.

“The village attorney thinks he can use his law license to bully a political opponent into silence,” says Robert McNamara, the IJ attorney assigned to defend Gallaher. “But government officials are not in charge of how members of the public talk about politics, which is something we’ll be happy to explain to him in court.”

A politician so far from the spirit of American free speech is a politician who needs something more than a withering rebuttal in court. Think: recall vote.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom ideological culture Internet controversy

Two Thumbs Up for Netflix

Netflix, Dave Chappelle

Although a new “Artistic Expression” section in Netflix’s culture memo could be improved, I’m giving it two thumbs up instead of the customary one and a half accorded to promising but imperfect credos.

In these censorious times, why not applaud any sincere testament upholding freedom of speech?

Even if called “diversity,” in Netflix-speak.

According to the revised memo, the company supports “a diversity of stories, even if we find some titles counter to our own personal values. . . . If you’d find it hard to support our content breadth, Netflix may not be the best place for you.”

This is probably not about Netflix’s willingness to rent The Wizard of Oz no matter who objects to the spectacle of weepy tin men or broom-riding green-faced women in pointy hats.

Recently, Netflix has been roiled by employee protests against videos they find annoying, especially Dave Chapelle’s comedy special “The Closer.” Chapelle, who appears to lean more left than right, turns out not to be the type to run his riffs by a lefty censorship board.

Now let’s see how Netflix follows up on its delicate suggestion that working for Netflix “may not be the best place” for employees demanding censorship. Will Netflix show the door to all sullen saboteurs of speech-diversity?

Also, will it more fundamentally diversify its own original content?

In any case, good for Netflix for resisting the mob, for now. Until further notice, it’s two full thumbs up.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights individual achievement social media

A Failure of Trust

Elon Musk, Twitter, free speech

Why is the Federal Trade Communication threatening to investigate Elon Musk’s acquisition of Twitter?

The FTC is reportedly reviewing the Tesla CEO’s takeover of the forum and will soon decide whether to conduct an anti-trust probe of the transaction.

Musk hasn’t been entirely clear about his plans for Twitter now that he is on the verge of acquiring it. But we can expect that this avowed free speech absolutist will do his best to ensure that tweet-speech is much more open than it has been. He won’t label every statement he dislikes as “hate speech” or “misinformation” and forthwith expunge it.

And this, I’m pretty sure, is the problem.

Certainly, no new “monopoly” is in the offing. It’s not as if we lack social-media alternatives to Twitter — or that Musk already owns the alternatives. His other gigs pertain to electric cars, tunnels, and space flight.

The problem must be that government officials, too, expect that Musk will be a much better friend of unfettered speech than the previous Twitter insiders.

Officials expect — but also fear — that his Twitter won’t routinely terminate the speech of persons who dispute “official” doctrines about COVID-19, elections, or what have you.

To fear the prospect of a Musk-run Twitter is to fear open debate — debates that are unavoidable and should be welcome if we value citizen control of government.

But of course, those who seek to control us worry: if the people do not agree with them about what is and is not a fact, what is and is not the highest moral and political value, they might not stay in power.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights national politics & policies

Just Sue Already

Eric Schmitt, Jeff Landry, Missouri, Louisiana

Two state attorneys general, Eric Schmitt and Jeff Landry (of Missouri and Louisiana, respectively), are suing the federal government for colluding with Big Tech to suppress speech in violation of First Amendment rights.

Their recent filing quotes a ruling which argues that it“violates the First Amendment ‘if the government coerces or induces [a private entity] to take action the government itself would not be permitted to do, such as censor expression of a lawful viewpoint.’”

The plaintiffs observe that this has been happening for years, “culminating in . . . open and explicit censorship programs,” and they ask the court to permanently enjoin such unlawful conduct.

Separately, twenty attorneys general (including Schmitt and Landry) have sent a letter to Homeland Security Secretary Alejandro Mayorkas about the agency’s new board instituted to counter unapproved speech.

The AGs threaten to “consider judicial action” if Mayorkas doesn’t “disband this Orwellian Disinformation Governance Board immediately.”

According to the letter, the board “will inevitably have a chilling effect on free speech.”

It is, I suppose, conceivable that if a suit were filed the Biden administration would recognize that it can’t win and would dissolve the board immediately. So far, though, the administration has just been barreling ahead with bad policies unless and until legally thwarted.

So why are the AGs even bothering with a letter that must have even less effect than a filing?

Now the letter has been submitted. Fine. Give Mayorkas ten minutes to shut down the board. Has he shut it down? No.

Sue!

This is Common Sense. I’m Paul Jacob.

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Homeland Censorship Board

Elon Musk, Twitter, free speech, censorship, First Amendment

We’re in a twilight zone beyond mere “mission creep” now. 

Two months ago, creeps at the Department of Homeland Security (DHS) created a new censorship board, secret until its existence was revealed in congressional testimony.

This disinformatively named Disinformation Governance Board is headed by an open critic of the First Amendment, Nina Jankowicz. The purpose of the amendment being to protect freedom of speech and other rights from governmental assault, the new board and its director are especially alarming.

The DHS was formed after 9/11 to protect national security and combat terrorism, a form of politically motivated violence. And whatever the exact definition of “terrorism” should be, we can at least agree that arguing about the origins and issues of elections, pandemics, or Russian invasions doesn’t qualify. The bitterest clashing over facts is just speech, unless part and parcel of criminal acts.

But the purpose of the Disinformation Board is to combat and “address this threat” of election disinformation.

Merriam-Webster defines “disinformation” as “false information deliberately and often covertly spread” to “influence public opinion or obscure the truth.”

The First Amendment protects dishonest and mistaken honest speech, not just infallible honest speech. But by “disinformation,” foes of freedom of speech often mean “any speech we dispute.”

If the government can repress any speech that it chooses to label “disinformation,” that portends the end of freedom of speech. 

The very existence of the Disinformation Board warrants a lawsuit on First Amendment grounds.

And since disinformation was coined to designate, specifically, government-concocted and distributed misinformation — a term of art in the “intelligence” and propaganda biz, called dezinformatsiya by Stalin  — it is especially rich to see the current administration apply it directly against the people.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights Internet controversy social media

Musk’s Twitter’s Must-Do’s

Elon Musk, scream, Twitter, censorship

Twitter is selling itself to billionaire Elon Musk “for an estimated $44 billion.”

Since deals sometimes fall through at the last second, the sale may yet be thwarted. For example, the government could try to foul things up — objecting, perhaps, to the possibility that if Mr. Musk takes over, obnoxious repression of speech would be dealt a grievous blow.

So, fingers crossed. But say Musk now has Twitter. What next?

Well, Elon Musk should stick to his stated free-speech absolutism. He should unfetter speech on Twitter. He is already being pressured to keep banning “misinformation,” i.e., disagreement with people who certainly don’t want their own alleged misinformation to be censored, only their opponents’.

Others want “hurtful” speech — impassioned polemics and invectives by their adversaries — to be squelched.

Musk has said that Twitter should “just be very cautious” about imposing any bans and suspensions. This is vague. Does it not imply the wrong kind of wiggle room for dealing with controversy? Musk must make no attempt to fine-tune Twitter’s speech to appease the censor faction, for this tribe cannot be satisfied until all with whom they disagree are silenced.

Twitter requires massive, sweeping, immediate changes, including restoring the banned or suspended accounts of all users kicked off for “misinformation” and the like.

Ban terrorists and others calling for — or facilitating — criminal actions. That’s it.

Current Twitter employees who try to sabotage the more free-wheeling policies should be unceremoniously shown the door.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights too much government

Four of Five Doctors Disagree

Salem Witch Trial

“Thank goodness I don’t live in X,” we may say as we follow the news.

Billions live in Russia, Ukraine, China, Xinjiang, Tibet, Hong Kong, Cuba, New York, Chicago, Seattle, California, Canada, and other statist hellholes. The rest of us live elsewhere. Perhaps we congratulate ourselves on our wise choices of birth location and/or subsequent residencies.

But people are copycats.

As producers, we are often inspired by great achievements and seek to emulate them. The destroyers among us, somewhat similarly, are eager to adopt the latest in fashionable assault on what the producers are doing.

So we don’t necessarily escape if, say, California prohibits physicians from discussing things medical whenever their judgment conflicts with state-approved doctrine. Because next thing you know, lawmakers in Tennessee or Virginia will be saying, “Gee, that’s right, gag the doctors. Why didn’t I think of that?”

Legislative masterminds in California now want to harass doctors who recommend a non-government-approved treatment for COVID-19. If AB 2098 is passed, it would authorize California medical boards to discipline doctors for “dissemination of misinformation” related to COVID-19.

The bill implies that no doctor can legitimately disagree with another about a particular case. (Yeah? See the history of medicine.)

When I say that this legislation assaults truth and truth-seeking — which requires freedom of speech as a necessary corollary of freedom of thought in medicine or in any field — I speak for Californian doctors and California patients.

I speak also for us all.

This is Common Sense. I’m Paul Jacob.

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The Witch Trial of George Jacobs by Thompkins. H. Matteson

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Accountability ballot access First Amendment rights

Zuckerbuck Sucker Punch

Mark Zuckerberg, Facebook, elections, democracy

Who should fund our public elections? 

Partisan billionaires? 

Last election, Facebook’s Mark Zuckerberg and his wife, Dr. Priscilla Chan, “gave $419 million to two nonprofit organizations that disbursed grants in 2020 to more than 2,500 election departments,” reports The New York Times.

The idea was to help officials deal with holding an election during a pandemic. No laws were necessarily broken. Apparently, private individuals and groups can give money to government election offices — even “with strings attached.” 

“Some conservatives see this largesse of ‘Zuckerbucks,’” informs a Wall Street Journal editorial, “as a clever plot to help Democrats win.” In fact, a Capital Research Center (CRC) analysis found the liberal non-profit “consistently gave bigger grants and more money per capita to counties that voted for Biden.” 

“[A] deep dive into the available data shows that the funds were largely requested for get-out-the-vote efforts, influenced voter turnout in favor of Democrats, and may have impacted the results of the election in some states,” explains the Foundation for Government Accountability. “According to currently available information, less than one percent of the funds were actually spent on PPE nationwide.”

Can you imagine the outcry if a group with “conservative ties” funded by Charles Koch was giving grants to help Republican-rich jurisdictions rock the vote?

“[E]ven under the purest motives,” the Journal’s editorial offers, “private election funding is inappropriate and sows distrust.”

That’s why 16 states have since passed laws to restrict private funding of election programs.

Mr. Zuckerberg himself sees the danger in Zuckerbucks: “To be clear, I agree with those who say that government should have provided these funds, not private citizens.” Last week, he announced he would not be providing such funding in the 2022 elections.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets

Elon Musk Is Serious

Elon Musk, Twitter

Billionaire Tesla and SpaceX entrepreneur Elon Musk is showing the world how capitalism reforms wayward companies — like Twitter. 

It is done from within the system.

By stock ownership.

Becoming Twitter’s top stockholder — right after Musk told the Babylon Bee he just might have to buy Twitter to reform it — surely demonstrates serious intent.

But Twitter honchos have stressed that the mere advent of Elon Musk portends no major changes, a hint of things not to come. 

Moreover, a restriction on how many shares board members may purchase meant that had Musk joined Twitter’s board, he’d have been unable to ramp up the pressure for reform by becoming an even bigger stockholder.

So Musk chucked his original plan to join the board and decided, what the heck: If I do need to buy Twitter to fix its anti-speech policies, I better outright buy it. He has reportedly offered $43 billion.

He says: “I invested in Twitter as I believe in its potential to be the platform for free speech around the globe.” But he now realizes that the company in its current form will never be that platform. 

“Twitter needs to be transformed as a private company.”

A week ago we asked, “Will Elon Liberate Tweeting?”

We’re still asking. Maybe the current owners love banning disagreement with themselves too much to give it up. 

Someone should tell them that are worse things to sell out for than open discourse and freedom of speech.

This is Common Sense. I’m Paul Jacob.

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education and schooling First Amendment rights

Don’t Ask, We Won’t Sue

Solas, CRT, Critical Race Theory

Uh oh. Haul out the armament and load and aim — at least if you’re responsible for educating the young daughter of Nicole Solas.

Solas is among the many parents who missed the memo about how sinful it is to have some idea of and influence on what their kids learn in public schools.

She’d heard about how public schools have been indoctrinating kids with a noxious ideological brew about race and gender. So she asked the principal of her daughter’s school in the South Kingstown School District of Rhode Island whether collectivist critical race theory and gender theory were any part of the curriculum.

The principal give hints that this was indeed happening. But then the school stopped talking. Instead of elaborating, school officials told Solas to instead send formal public record requests to learn what was happening at the school.

Which she did. Then the school district began publicly harassing her for being a “threat to public education” (as we all should be, given such doings). The Rhode Island branch of the National Education Association even went so far as to sue this mom.

Nicole Solas could easily have been swamped by litigation costs. Fortunately, the Goldwater Institute stepped in to defend her against the lawsuit and help her pursue her inquiries about the school.

As for her little girl, she’s doing fine. In a private school that is open about what it teaches, which doesn’t include any corrosive political agenda.

This is Common Sense. I’m Paul Jacob.

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