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First Amendment rights international affairs national politics & policies

TikTok Smoke But No Gun?

I’d like to ban the Communist Party — in China. But TikTok — here?

The app’s possible use as spyware and worse by Chinese Communist Party operatives should be investigated thoroughly.

“Lawmakers and regulators in the West have increasingly expressed concern that TikTok and its parent company, ByteDance, may put sensitive user data, like location information, into the hands of the Chinese government,” explains The New York Times. “They have pointed to laws that allow the Chinese government to secretly demand data from Chinese companies and citizens for intelligence-gathering operations.”

This concerns me enough to not be on TikTok, but while we smell smoke, I see no smoking gun.

And banning Tik Tok has every appearance of doing what the CCP would do — and did with Facebook and YouTube and X (formerly known as Prince — er, Twitter). Not to mention being unconstitutional.

The TikTok ban that passed the House last week — with only 50 Democrats and 15 Republicans voting No — if passed by the Senate and signed by the President, would set up another level of surveillance and Internet control that would be used against American citizens beyond users of this social media video-sharing platform.

It comes down to good ends not justifying evil means, in this case an all-out government attack upon freedom of speech and press.

There are things the federal government could do — and already has done — to limit TikTok’s influence. Last year, the U.S. (along with Canada) banned it from all government devices. 

This didn’t even require an act of Congress. Arguably, Trump could have done this with Facebook and Twitter on federal government devices when it became clear that these platforms were being used to orchestrate partisan speech control.

And, of course, a general social cause against TikTok could be engaged without threat of force. Political leaders owe it to the people to speak out.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

Did Steve Baker Commit Journalism?

The safest thing to do — politically, anyway — is plant yourself in a corner and sit still. But people tend to want to move around, live, do their jobs.

Steve Baker, reporter for Blaze Media, recently was forced to “self-surrender” to federal authorities for committing initially unspecified crimes.

Was doing his job the crime? 

His fed-embarrassing journalism about the January 6 “insurrection” and the way many people have been incarcerated for years for little more than trespassing — was that the crime?

As video of the not-always- innocuous but often-innocuous goings-on of January 6 has been released, Baker has been among those examining the record and noting apparent contradictions in the official story.

When he turned himself in to the FBI last Friday, he was facing charges that the FBI had flatly refused to divulge. But now the Blaze reports that, three years after January 6 “insurrection,” Baker is being charged for things like “entering [restricted areas] without lawful authority” or “parading . . . in a capitol building.”

Trespassing. Arrested for trespassing three years later? 

Or arrested for his reporting on the events of January 6 and its sequels over the course of those three years?

Before Baker turned himself in, the FBI did give him the information that he should arrive in shorts and flip-flops. So that, Glenn Beck writes, “it would be easier for them to put on the orange jumpsuit and ankle irons. Suffice it to say, he wore a suit and tie.”

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights

Hope for Campus Free Speech

The Understatement of the Month Award goes to David Lat, who says in a recent post that “when it comes to free speech and intellectual diversity, U.S. law schools continue to face challenges.”

One Big Challenge, more like: the contempt university policymakers routinely show for the speech of members of disfavored groups, if and when they say things that members of favored groups dislike.

Lat points to a decision, last month, by the Law School State Senate of Columbia Law School. The organization denied official recognition to a group formed to combat antisemitism, Law Students Against Antisemitism.

Reason: some pro-Palestinian students objected to LSAA’s definition of “antisemitism.”

The objection is cause for debate, sure, but not for preventing an organization from formally operating. Fortunately, after much attention was paid to the Senate’s decision by the Foundation for Individual Rights and Expression (FIRE) and others, the Senate reversed itself.

In addition to bad publicity, one thing that may help improve prospects for free speech on campus is a new rule issued by the American Bar Association, Standard 208.

Standard 208 requires law schools that want to be accredited by the ABA to “protect the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular.” This requirement is more encompassing than existing (if often ignored) protections of academic freedom for faculty members.

The ABA’s action is a big step, but not sufficient, Lat says. The cultures of our schools must change too.

This is Common Sense. I’m Paul Jacob.


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Amazon’s Wide, Flowing, Constricted River

Under the U.S. Constitution, the federal government is prohibited from censoring speech.

It often tries anyway. 

One of the ways, as we’ve learned, is by pressuring social media and other companies to suppress speech. Since the federal government can make life very difficult for any company, some companies are understandably reluctant to ignore such pressure.

Amazon did not. When asked by the Biden administration in the person of one Andrew Slavitt, an advisor for the White House’s COVID-19 “response team,” the company agreed to hide books critical of the COVID-19 vaccines

Among the emails obtained by the House Judiciary Committee is Slavitt’s March 2, 2021, communication with Amazon complaining that “if you search for ‘vaccines’ under books, I see what comes up [books criticizing the vaccine]. . . . [I]f that’s what’s on the surface, it’s concerning.”

Amazon was reluctant to intervene “manually” to demote such books and worried privately that rigging the game against particular books because of their viewpoints might undermine the company. But it caved nonetheless, soon modifying its algorithm and advising the White House that “we did enable Do Not Promote for anti-vax books whose primary purpose is to persuade readers vaccines are unsafe or ineffective.”

Are such decisions consistent with a “consumer-centric” approach that easily allows people to find just what they’re looking for? Which is Amazon’s big selling point?

Of course not.

But as it has done so often over the years, our government was putting its thumb on the scale.

This is Common Sense. I’m Paul Jacob.

Amazon, censor, censorship, surveillance, mind control

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The De-Frocking of Jordan Peterson

The Canadian psychologist fighting for the right to opine without having to submit to “social media training” — reeducation — has lost a court battle.

An Ontario court has dismissed Jordan Peterson’s appeal of a decision that had ruled in favor of the autocratic College of Psychologists of Ontario (CPO).

A year ago, Dr. Peterson’s livelihood was jeopardized because, on social media, he challenged “consensus” determinations on matters like climate change, sex-change operations on minors, and COVID-19 policies.

That’s when CPO, a regulatory body established by legislation, told Peterson that he must either submit to degrading “training” as the penalty for participating in public discourse or forfeit his right to practice.

With the new ruling, “There are no other legal avenues open to me now,” he says on Twitter. “It’s capitulate to the petty bureaucrats and the addlepated woke mob or lose my professional licence.”

The setback pertains only to “this round,” though. And: “There is nothing you can take from me that I’m unwilling to lose.”

In a recent National Post column, he says that he can either comply with the reeducation and confess his ideological sins or “tell my would-be masters to go directly to the hell they are so rapidly gathering around themselves and everyone else.”

If you read Dr. Peterson’s warnings to fellow Canadians about the precarious state of their liberties and interpret his tone accurately, I think you’ll agree that he’s going with the go-to-hell option.

Peterson has made millions off the fame he garnered by opposing the compelled speech aspect aspect of Canada’s Bill C-16. Thanks to the marketplace of ideas, he has more go-to-hell money than most folks.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights regulation

Again Allowed

Retired engineer Wayne Nutt wants to be able to speak freely about engineering problems.

North Carolina, in the form of its Board of Examiners for Engineers and Surveyors, disagrees. The Board sought to prohibit his speech unless he obtained a professional license, and it threatened him with sanctions.

As Institute for Justice puts it, the Board ordered Nutt “to stop talking about math in public.”

In response, Nutt sued, with IJ’s help.

Nutt often writes letters or speaks at public meetings to discuss problems with the designs of buildings and other structures. He also testified in court about flooding of a housing development. This is what caught the attention of the Board, which claims that for Nutt to utter such testimony or any public statements enlisting his specialized knowledge is illegal, amounting to practicing engineering without a license.

“I like the freedom to be able to speak up,” Nutt says.

I sympathize with this desire, as did the Founders who gave us the First Amendment to protect freedom of speech. Fortunately, so does Chief Judge Richard Myers of North Carolina’s Eastern District. He has just issued a favorable ruling in the case.

“This is a win for more than just me,” Nutt says. “There are a lot of people in the same situation — people who have expertise that they’ve been blocked from talking about. This decision is an affirmation that the First Amendment protects all of our rights to share what we know.”

This is Common Sense. I’m Paul Jacob.


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