Category: First Amendment rights

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First Amendment rights

Rewriting Amendment Number One

People once wondered — perhaps not very seriously — whether falsely shouting “Fire!” in a theater and telling hit men “Here’s $50,000; you will get the rest when you finish the job” count as speech that should be protected as a matter of right.

They do not. 

And it’s not so puzzling that freedom to exercise a legitimate right does not entail license to violate the rights of others.

But some people are eager to prohibit us from uttering statements that don’t come within twenty parsecs of such alleged quandaries. These censorious ones include big-tech firms and big DC politicians like, for example, U.S. Senator Richard Blumenthal, a bully urging social-media firms to crack down harder on the speech of “‘antivax’ groups.”

Such persons seem to think that the First Amendment as presently worded, at least the part protecting freedom of speech, is a big dumb mistake. What would they like it to say instead?

Maybe:

“Congress shall make no law abridging the freedom of speech, or of the press, unless a would-be speaker wishes to dispute government-endorsed or Google-Twitter-Facebook-Amazon-endorsed conclusions about medicine, vaccines, pandemics, masks, lockdowns, transgenderism, euthanasia, abortion, or election fraud; to spend ‘too much’ money on campaign speech; to utter ‘hate speech’ about chess pieces; to speak freely; etc.”

But then the First Amendment would be about as valuable as yesterday’s toilet paper as a bulwark against tyranny. 

Don’t flush our freedom of speech.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights media and media people

Misinformed … or Worse?

Google, Twitter, Facebook, Congress, censorship, free speech

“For the third time in less than five months,” journalist Glenn Greenwald writes at Substack, “the U.S. Congress has summoned the CEOs of social media companies to appear before them, with the explicit intent to pressure and coerce them to censor more content from their platforms. On March 25, the House Energy and Commerce Committee will interrogate Twitter’s Jack Dorsey, Facebooks’s Mark Zuckerberg and Google’s Sundar Pichai at a hearing . . .”

A joint statement by Democrat committee and subcommittee chairs declares: “This hearing will continue the Committee’s work of holding online platforms accountable for the growing rise of misinformation and disinformation.”

Wait — the constitutional authority of Congress does not stretch to holding social media “accountable” for political speech. The First Amendment clearly states that “Congress shall make no [such] law . . .”

And what Congress is forbidden to do, it cannot threaten and intimidate private companies into doing, instead.

“For the same reasons that the Constitution prohibits the government from dictating what information we can see and read . . . ,” Greenwald points out, “it also prohibits the government from using its immense authority to coerce private actors into censoring on its behalf.”

Consider longtime Hillary Clinton aide Jennifer Palmieri’s response to President Trump’s banning by Twitter and Facebook: “It has not escaped my attention that the day social media companies decided there actually IS more they could do to police Trump’s destructive behavior was the same day they learned Democrats would chair all the congressional committees that oversee them.”

Many on the left — and even some libertarians — continue to argue that Congress plays no role in the censorship being carried out by these private Tech Giants. 

They are mistaken — whether because misinformed or disinformed, we can leave to another day.

This is Common Sense. I’m Paul Jacob. 

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First Amendment rights social media

Tracking Big-Tech Attacks

Reclaim the Net

Instagram is further restricting what users may say in direct messages, and the company will eject any user who utters hate speech. Instagram will also provide information about account holders to UK police.

But what is hate speech? 

Nasty utterances that we’d all agree are hateful. Sure. But it also appears to be disagreeing with someone about “gender identity” or supporting Melania Trump. In other words, “hate speech” is whatever offends the authoritarian sensibilities of whoever operates the delete-account button at the social-media giants.

A lot of this has been happening lately.

YouTube has deleted the YouTube channel of LifeSiteNews, a Christian news outlet. 

YouTube and Facebook have banned a documentary about pandemic policies called “Planet Lockdown,” and GoFundMe has cancelled a fundraising campaign for the film.

China will start accrediting reporters based on their social media histories, and it will penalize companies who employ unaccredited reporters. “Citizen journalists” (people with cell phones) will also have to be accredited.

Every day, tyrannical governments and their private-sector allies — the big-tech hall monitors now dropping all pretense of providing neutral forums — act to smother discussion and dissent on the net. In self-defense, we need to know about these anti-speech efforts. But keeping track is a big job. 

Fortunately, ReclaimTheNet is doing this big job for us. Its regular e-letter (subscribe here) reprints the latest stories published on their website. 

This job has to be outsourced, as far as I am concerned. Were I to report on all of it here, I wouldn’t be able to talk about anything else.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights too much government

I See a Bill

surveillance, internet, web, censorship

“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

Brian Stelter

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, email, marketing, 1st Amendment, speech, censorship

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

censorship, free 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

Michael Rectenwald

“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

Ron Paul, Fauci, Covid, censorship, free speech, 1st Amendment

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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