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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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First Amendment rights ideological culture

Buzz-Sawing the Conservative Treehouse

“They’re really showing their hand now, aren’t they?” 

That is how one blogger puts it. And the “They” are the leftward tech giants that provide platforms on which all of us can (in theory) have our say.

“They” — Google, Twitter, Facebook, WordPress — have provided these platforms in a country where freedom of speech is protected, if imperfectly, by the First Amendment and allied ideas, institutions, habits, and sensibilities.

But the First Amendment cannot, by itself, protect speakers of speech from having the rug yanked out from under them by these service providers. With increasing frequency and brazenness, the tech giants are de-platforming speakers they disagree with despite past assurances of being open to all comers (not using speech to do anything illegal).

In this case, “they” means WordPress, which has notified a popular political blog, The Conservative Treehouse, that its days are numbered. Because “your site’s content and our terms” are incompatible, “you need to find a new hosting provider and must migrate the site by Wednesday, December 2.”

It took many years and, apparently, the (apparent) election of Joe Biden for WordPress to discover this “incompatibility.”

Says the Treehouse: “After ten years of brutally honest discussion, opinion, deep research and crowdsourcing work” by the site, WordPress can cite no violation of any term of service “because CTH has never violated one.”

So, what’s the upshot? At a minimum, if you’re using a big-tech platform but aren’t toeing the big-tech ideological line, seek alternatives. Pronto.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture

The Latest Fake Mystery

We Americans want to have our say, speak our piece — we do not wish to be gagged. No mystery to that. No puzzle. No strange, arcane, unexpected turn of our temper.

But that’s how it must seem to Nathan Bomey, author of “Parler, MeWe, Gab gain momentum as conservative social media alternatives in post-Trump age,” gracing the pages of USA Today.

“America’s crisis of political segregation — we increasingly don’t live alongside, associate with or even marry people who think differently from us — is increasingly leading conservatives to congregate together on social media outlets designed specifically for people who think like them.”

This is a passage of surpassing dumbness.

To pick one fundamental ideological divide at random: capitalist twitterers have never had any problem with posting tweets “alongside” socialist twitterers. The problem is the growing censorship of tweets that officials and employees at tech giants like Twitter, Facebook, and Google happened to dislike or disagree with for any reason.

This censorship was revved up during the recent election.

Bomey does mention claims of censorship by the persons being censored, but treats these as the ravings of “the extremist crowd.” He adds: “Experts on political polarization say [the rise of alternative social media] is a natural outgrowth of our divided culture. . . .”

Again: a major reason the alternatives to Twitter etc. are gaining such traction is the censorship. People are leaving the Big-Tech-sponsored discourse because they are being censored. 

You don’t kick people out of the room and then scratch your head in wonderment, asking, “Gee willikers, why are you guys going away?”

This is Common Sense. I’m Paul Jacob.


N.B. I have Minds and Gab accounts, but do not use them. Should I start again? I just set up a MeWe account. What alternative social media apps do you use?

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First Amendment rights Second Amendment rights

Students Fight Back

Everywhere, assaults on freedom and free speech are going full blast. Violent True Believers are on the march as others, even if less overtly barbaric, provide cover, an excuse.

For example, the State University of New York at Binghamton has cooperated with left-wing thugs to suppress conservatives.

The mob stole or destroyed posters and the table students were using to promote an appearance by Arthur Laffer, the noted supply-side economist. The same mob also disrupted the lecture itself. A lawsuit brought by the victimized students accuses officials of failing “to take action to defend College Republicans’ constitutional rights” and supporting the “physically abusive actions of the College Progressives.”

Another student under attack is Austin Tong. Recently, the Foundation for Individual Rights in Education (FIRE) has been going to bat for Tong, a Fordham University student suspended for social media posts.

One is a picture of Tong holding (not pointing) a legally owned rifle, intended to draw attention to the Tiananmen Square massacre. The other shows black police captain David Dorn, who was murdered by looters. Its caption chastises members of the Black Lives Matter movement for apparent indifference to Dorn’s fate.

Before suspending him for “bias” and “threats,” university personnel showed up at Tong’s house to interrogate him about the posts.

Tong is unapologetic, and FIRE says that Fordham has “acted more like the Chinese government than an American university, placing severe sanctions on a student solely because of off-campus political speech.”

Far from isolated cases, unfortunately.

This is Common Sense. I’m Paul Jacob.


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