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First Amendment rights too much government

I See a Bill

“See something, say something.” Reasonable enough advice, most times. But what if the scary thing you are supposed to report is someone’s heated political opinion?

A bill called the “See Something, Say Something Online Act of 2020” — just reintroduced last week — would require websites and interactive service providers to report “suspicious” activity that may later be connected with “terrorism, serious drug offenses, and violent crimes.”

If a provider fails to exercise “due care” in reporting major crimes and “suspicious transmission activity,” the company’s liability protections would be at risk.

Suspicious transmissions would have to be reported to the Justice Department within 30 days. Though, reporting at the end of that window wouldn’t do much to stop an imminent crime committed, say, five days after a dubious text message.

What the legislation would do, notes Reason magazine’s Elizabeth Brown, is “set up a massive new system of intense user monitoring and reporting that would lead to more perfectly innocent people getting booted from internet platforms” and give government another way to clobber “disfavored tech companies.”

Of course, neither hyperbolic opinions nor gleeful snitching are rarities on the Internet. So if such legislation leads to instituting easy and anonymous ways to complain to the government about somebody’s online opining, we can expect false positives to skyrocket. Time and energy wasted harassing innocent people would not be used to catch actual thugs and terrorists.

And we’d have yet another chilling effect on our freedom of expression.

Back to the drawing board, Senators Manchin and Cornyn. On second thought, please step away from that drawing board.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights media and media people

Stelter in a Time of Storm

Reliable Sources, CNN’s media watchdog program, is hard to watch. It should be retitled Pot Calls Kettle to match host Brian Stelter’s teapot head, so often skirling from a full steam. To avoid all that, I read the transcript of his Sunday episode to take in his much-quoted tear defending Big Tech’s deplatforming of alternative media and attacking the three news channels he hates so much — OAN, Newsmax, and, especially and always, Fox.

You see, they’re liars!

He’s not, of course; CNN’s not, he says — without ever managing to acknowledge his job at CNN, deliverer of the Official Spin. 

And ignorer of the laundry list of whoppers espoused by his own network.

Which Glenn Greenwald made clear in his response: “CNN lies and spreads conspiracy theories constantly. They’re a pro-Democratic Party outlet that barely airs any dissent from the DNC line. If @brianstelter’s standards for banishing Fox were applied equally, it’d affect all cable news outlets, not just one.”

Asserting that “disinformation” about the pandemic is “harmful” — while CNN’s slavish towing of the government’s incoherent, shifting line on COVID has not been??? — Stelter offers a “harm reduction” model. Deplatforming people he disagrees with? Why, that’s not an abridgment of “freedom of speech.”

All he itches for is to cripple his competitors’ “freedom of reach.”

But take a breath: extending the reach of one’s speech is why we have “the press.” This freedom of the press (“reach”) is also protected from government, to be valued even when we disagree with our opponents.

The idea that a few CNN hosts get to determine The Official Truth for everybody else, and that this should be institutionalized in some broad, society-wide way, would toll the death knell of America.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture media and media people

Gun Group Deplatformed

Mailchimp is an “all-in-one integrated marketing platform” that helps businesses send newsletters and other email to customers, prospects, and supporters. In January it blocked the Virginia Citizens Defense League from sending email to members about an annual rally in defense of gun rights and told the organization to get lost.

Some help.

According to the president of the Defense League, Philip Van Cleave, “There was no justification. They provided nothing. Basically, they just said we need to get our stuff and be prepared to move on.”

Well, Mailchimp’s boilerplate letter did also state that its “automated abuse-prevention system, Omnivore, detected serious risks associated with [your] account. . . . This risk is too great for us to continue to support the account.”

What risk? Oh, why bother to specify. The point is, the automated system detected it. I’m guessing that certain scary words were flagged, like “gun,” “Second Amendment,” “Constitution,” “rights.”

It seems that any kind of assembling on behalf of certain constitutionally protected rights or to petition for redress of grievances is to be regarded as a rationale for summarily ejecting politically right-leaning customers — at least by firms going along with this accelerating strategy to abet repression.

Mailchimp has violated the terms of service upheld by those who respect freedom of speech and do not respect arbitrary assaults on costumers. If you’re using it, look for an alternative.

The Defense League’s “Lobby Day” rally was peaceful again this year — as the group’s website informs, “just a lot of patriots sending a strong message to the General Assembly to keep their hands off our gun rights.”

This is Common Sense. I’m Paul Jacob.


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First Amendment rights

America Is Speech

In this frightening time marked by actual violence — five dead in the attack on the U.S. capitol and many more killed during last summer’s unrest* — last week’s very scariest news was this admission by Congresswoman Alexandria Ocasio-Cortez (D-NY):

Several members of Congress, in some of my discussions, have brought up media literacy because that is a part of what happened here [the capitol attack] and we’re going to have to figure out how we rein in our media environment so that you can’t just spew disinformation and misinformation.

Two things immediately came to mind. 

First, AOC has herself “shown a tendency to exaggerate or misstate basic facts,” as a year-old Washington Post report noted.

“I think that there’s a lot of people more concerned about being precisely, factually, and semantically correct,” the progressive pol explained, “than about being morally right.”

Second, I recall taking President Trump to task in 2017 after he asked in a tweet: “With all of the Fake News coming out of NBC and the Networks, at what point is it appropriate to challenge their License?”

“The answer to his question is,” I wrote, “never.”

But when Twitter blocked Trump for life, many pro-democracy activists in Hong Kong and Taiwan replaced their profile pictures with a photo of their ally, Trump.

“People in China use VPN [a Virtual Private Network] because they crave uncensored information,” explained Taiwanese media commentator Sang Pu, “but now when they climb over the Great Firewall what they’ll find is more partisan, more censored, more narrow speech rather than an open arena for debate.”

Sad. Tragic. For America is free speech. It is our gift to the world.

Or was?

This is Common Sense. I’m Paul Jacob.


* Be skeptical of these numbers. Of the five deaths at the capitol, one was due to stroke and another a heart attack, both occurring outside the capitol and away from the violence. Three deaths are, of course, three too many. Likewise, the deaths linked to the summer riots include violence by both police and civilians with the details and motivations not always known. 

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First Amendment rights social media

Our Info War

“Do not close your Facebook or Twitter accounts,” wrote Michael Rectenwald a few days ago.

But I already closed my Twitter!

“Do not give up the geography you have and the connections you’ve made within those spaces. Instead, subvert from within.”

Still, I never liked Twitter. It seems a poisonous atmosphere of too much snark, virtue signaling, mobbing, and worse.

“As of now, there are no alternatives. Parler will be shut down by Amazon within hours. It will also be shut out of Apple and Android vis-a-vis Apple Store and Google Play.”

I hopped on Parler, when it got attacked. With the outages, etc., it is impossible to use. 

“Gab is a digital silo or ghetto that contains and isolates deviationism.”

And former leftist professor Rectenwald — author of the books Springtime for Snowflakes, The Google Archipelago, and Beyond Woke, as well as a novel, Thought Criminal — means “deviationism” in an entirely good way.

“MeWe has already succumbed to the oligarchical censors,” he informs.

“Instead, keep the beach heads that we have and spread out. Don’t give up the connections. We must retain the network of thought deviationism . . . . Read this article and you’ll understand why it’s not as simple as you think,” linking to a Daniel Greenfield essay on Frontpage, “Parler and the Problem of Escaping Internet Censorship” (January 8, 2021).

The problem is oligopoly, argues Greenfield, since five big corporations “control the mobile ecosystem and can shut down an app like Parler anytime they please. . . . an increasingly small interconnected network of companies . . . can act in concert to suppress anyone or anything they don’t like.”

And what role does the federal government play? It applies pressure by threats at the top end (Nancy Pelosi, et al.) and who-knows-what at the Deep End (the CIA and other intel agencies, which have working arrangements with all major tech companies, including Apple).

All the more reason for you to (ahem) SUBSCRIBE for email service on ThisIsCommonSense.org, if you haven’t already. Email is harder to control. 

And we have a lot of work to do, to fight back.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights

Bully for Your Thoughts

Professor William Jacobson, a Cornell Law School professor who also publishes the popular Legal Insurrection blog, got into trouble last summer by criticizing the violent Marxist organization Black Lives Matters.

BLM’s standard weapons include rioting, burning, looting, and screaming.

Jacobson had argued that the “Hands up, don’t shoot” version of the Michael Brown case is a lie and, in another post, that all the “bloodletting and wilding” around the country was primarily about tearing down the country, not about George Floyd.

These opinions upset the bullies.

Being a conservative professor on a liberal campus had all along made Jacobson feel like a “mouse waiting for the cat to pounce.” After 12 years at Cornell, though, the summer of 2020 was the first time that fellow Cornellians actively sought his ouster.

Six months later, we sure hope Professor Jacobson has managed to land on his feet. And he has. Back then, he was a professor at Cornell Law School. Today, he is a professor at Cornell Law school.

Why didn’t he seek friendlier pastures?

“I don’t see why I should be forced to change my life because they are so intolerant and they are so malicious,” he recently told The Daily Signal podcast. “Why don’t they leave? I’m not going to leave voluntarily. And if they do try to interfere in the renewal of my contract in a year and a half, I will take them to court over it.”

Bully for you, Professor. 

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Internet controversy

Ron Paul vs. Fauci, YouTube vs. You

It’s new news but also, unfortunately, old news.

Tech-giant providers of forums for public discussion keep banning discussion of the issues of the day. The latest victim: Ron Paul, medical doctor, former congressman and presidential candidate, father of U.S. Senator Rand Paul.

Alphabet/Google/YouTube has pulled a video from Dr. Paul’s YouTube channel in which he criticized Fauci for, among other things, reversing his advice about wearing masks to combat COVID-19. YouTube warns of further suppression if this kind of thing (debate, I guess) continues. You can still watch the video, since there are competitors to YouTube (and we hope there will be many more). SoundCloud has it.

Paul linked to an image of the YouTube communiqué. “Your content was removed due to a violation of our Community Guidelines. . . . Medical misinformation.”

“If this happens again,” Paul’s channel will be hobbled for a week.

And if even then he still speaks freely, like any red-blooded American would? Still more sanctions, presumably.

Alas, there are many examples of these obnoxious policies.

We’ve recently complained about YouTube’s removal of a Mises Institute talk — once again, for failure to follow the pandemic panic party line. We’ve also complained about how WordPress buzz-sawed The Conservative Treehouse blog for nebulous violations of policy, violations suddenly discovered after years of hosting the blog.

We could go on. We probably will. Like the proverbial “broken record.” 

When’re we gonna stop?

Well, right after the tech giants stop their accelerating efforts to suppress debate.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights international affairs

The Censors’ Conceit

Is it okay to stop people from talking to prevent them from saying things that are possibly incorrect?

A New York Times article about Chinese censorship of discussion of COVID-19 seems to imply that the Chinese government would have been justified in choking off discussion to “debunk damaging falsehoods.”

A mass of government documents recently obtained by hackers “indicate that Chinese officials tried to steer the narrative not only to prevent panic and debunk damaging falsehoods domestically. They also wanted to make the virus look less severe — and the authorities more capable. . . .”

The government’s efforts included hiring hundreds of thousands of people to publish party-line posts on social media as well as detaining people “who formed groups to archive deleted posts” about the death of Dr. Li Wenliang, who had warned about COVID-19.

The Chinese government has also issued endless instructions to providers of nominally private social-media platforms to control what people say about the pandemic.

Thank the Gray Lady for the report confirming the known details about Chinese censorship. But how do you draw a line between censorship “only” to “debunk falsehoods” and censorship to spread official lies and suppress the very appearance of truth? You can’t.

Discussion itself helps us determine what is true and what is false.

The notion that the government (or any society-wide institution obeying the government) can neatly and unilaterally shape discussion to prevent only “bad” discussion — without inflicting massive damage on “good” discussion — is itself false.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights

Signs of the Times

Texas A&M University’s Student Code of Conduct office is harassing a student for posting pro-Biden signs on campus last November.

Don’t believe it? 

Well, ya got me. The signs were pro-Trump, not pro-Biden.

I committed this small and fleeting deception to make a point. The fact that posting of signs, announcements, etc., on a university campus, including the Texas A&M campus, is nothing unusual. The kids these days (along with those of the last umpteen centuries) have always engaged in political debate on campus, trying to promulgate their views.

Doing so doesn’t typically cause big problems with officials of U.S. universities. Unless — and, alas, increasingly — the message being promulgated contradicts approved establishmentarian political themes.

According to a CampusReform.org report, Dion Okeke, president of Students for Trump, received a letter from the school’s Student Conduct Office saying he’d better meet with the Student Conduct office about posting the signs. Otherwise, he could face charges of improper student conduct, and his registration could be placed on “administrative hold.”

Universities doubtless have rules about sign placement. Okeke’s sign-posting sounds like a minor infraction at worst.

If it even was an infraction at all.

Are the veiled and not-so-veiled threats in the letter signed by Jessica Welsch, assistant coordinator of the Student Conduct Office, a proportionate response to any alleged sin by Dion Okeke? No.

Meanwhile, a Texas A&M student who perpetrated a hoax about alleged racism last summer is not in any trouble with the school.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture

Cry No More

And the children sing: “you can’t always get what you want.”

It’s a Rolling Stone song, and its album version does actually feature a children’s chorus (over adult singers).

I mention it not because I’ve just listened to the non-choral version put up in April by the famous rock group, a special pandemic recording. Though I just did. And perhaps it’s on my mind because the song was used by Donald Trump on his way to the White House, and at the present moment it sure doesn’t look like he’s going to get a second term.

“No, you can’t always get what you want want./ But if you try sometime, you just might find/ You get what you need.”

A silver lining for Trump voters?

No. It just came to mind when I learned that employees at Penguin broke down in tears when they learned that the huge publishing company was going to publish Jordan Peterson’s follow-up to his 2018 best-seller, 12 Rules for Life.

There was weeping, and it wasn’t for joy.

You see, the young people in the company said that Peterson is “an icon of hate speech and transphobia.” Oh, and he’s also “an icon of white supremacy,” and the lamenter admitted that “regardless of the content of his book, I’m not proud to work for a company that publishes him.”

It is really hard to sympathize. A major publishing company in an open society must be expected to publish a wide variety of material. So, buck up, as Peterson likes to say. Unless you own the place, you can’t always publish what you want.

More importantly, note that word: icon. That’s an image that stands for something by looking like that something.

How does Peterson look like a white supremacist or transphobe? 

By imputation. By ignoring his arguments. And by treating his fans as wholly other and as a unified mass.

Who can be hated and denied ever getting what they want. 

But such desired censorship is certainly not what we need.

This is Common Sense. I’m Paul Jacob.


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