Category: First Amendment rights

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First Amendment rights ideological culture

Buzz-Sawing the Conservative Treehouse

Big Tech, censorship, free speech, first amendment,

“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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The Latest Fake Mystery

alt tech, social media, MeWe, Gab, Parler

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

Austin Tong, David Dorn, Hong Kong

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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Protest Hits the Pavement

Black Lives Matter, Washington D.C.

Social justice activists and Washington D.C. city officials have collaborated to paint the slogan “Black Lives Matter” on 16th Street near the White House. 

The city has also allowed the words “Defund the Police” to be painted on the street.

Does this mean that the roadways of our nation’s capital city are now a public forum accessible to anyone who files the proper forms?

So far, doesn’t look like it. 

So Judicial Watch (JW) is suing for the right to paint its own motto, “Because No One is Above the Law,” on a DC street. JW went to court because its applications to perform a similar paint job have fallen on deaf ears.

It contends that its First Amendment right of freedom of speech is being violated.

“We have been patient,” Judicial Watch says. “We also have been flexible. We have stated our willingness to paint our motto at a different location if street closure is necessary and the city is unwilling to close our chosen location. All we ask is that we be afforded the same opportunity to paint our message on a DC street that has been afforded the painters on 16th Street.”

I can’t wait until all this gets cleared up. I suppose it’ll be one or two paint jobs per applicant. 

“ThisisCommonSense.org” has a nice ring to it, eh? 

Something about “unalienable rights [to] Life, Liberty, and the pursuit of Happiness” would also be a great message, assuming it’s still legal to quote the Founders whose legacy we celebrated over the weekend.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights national politics & policies too much government

A Modest Extrapolation

civil rights, discrimination, 1st Amendment, free speech,

The big news from yesterday’s Supreme Court decisions (in June, they typically come in chunks) regards discrimination law, in which the court decided, 6-3, with Neil Gorsuch writing the majority opinion, that discrimination “against an employee for being gay or transgender violates the Civil Rights Act of 1964.” As covered at Reason it makes for fascinating reading.

Still, there are many problems here. The whole employment discrimination issue assumes that people have a right to be judged suitable for employment based only on strict consideration of job performance.

This is intrusive into private decision-making, and opens up hiring and firing to huge legal costs.

But a bigger issue lurks here.

It is now commonplace for employees to be fired under public pressure for merely having political opinions that have little or nothing to do with their jobs.

Anti-discrimination civil rights law was designed to curb this sort of thing — public pressure for reasons of antipathy and social mania — but only on a limited number of criteria, racism and sexism against protected groups being the areas carved out.

Since we have a First Amendment right to speak, mightn’t that right be applied via discrimination law to prohibit mob deplatforming or resulting loss of employment?

Sure, 1964’s Civil Rights Act limited the scope of its intervention into employment contracts and the “public accommodations” realm of commerce to the above-mentioned isms, on grounds of a long history of bigotry and invidious private discrimination. But right now, that sort of discrimination is primarily an ideological matter, not racial or sexual. 

Extending the scope of the First Amendment via an anti-discrimination rationale would seem a natural.

At least for those who favor consistent government intervention over freedom. 

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom international affairs

Too Many Tiananmens

tiananmen, protest, China, Hong Kong, Taiwan,

Chinese students suddenly occupied Beijing’s Tiananmen Square for seven beautiful weeks in the Spring of 1989. 

Millions more from all walks of life joined them.

Protesting tyranny, they demanded democracy and freedom of speech.

Then, 31 years ago to this very day, the Chinese government sent in tanks and soldiers, opening fire on citizens outside the square, killing thousands. The Chinese Communist Party (CCP) followed up the massacre with arrests and lengthy prison terms for those committing the unspeakable crime of speaking out for freedom.

Fast-forward three decades and the ChiNazis in Beijing are currently engaged in snuffing out the civil liberties and democratic aspirations of the people in Hong Kong.*

In mainland China, the CCP has always squelched any mention of the Tiananmen Square massacre, but every year Hongkongers have held a vigil. Not this year. It has been banned.

The world should have learned two obvious lessons: (1) the Chinese people want freedom and democracy, and (2) the ‘Butchers of Beijing’ will brutalize to prevent it.

Far more powerful than in 1989, CCP tyrants now wield a much more effective police state against Chinese citizens. 

Now is the time to honor the Tiananmen demonstrators, but clearing Lafayette Park of protesters so President Trump can walk to a church seems . . . disquieting.

Not a memorial. 

And suggesting he might invoke the Insurrection Act of 1807 to engage the military in domestic policing? Trump’s defense secretary rightly opposes. 

Comparisons to Tiananmen Square have not unreasonably been drawn. 

The difference? Americans can revolt . . . peacefully, which our government cannot put down. 

For the sake of the free world and all those — including 1.4 billion Chinese — in the unfree world, now is no time to abandon peaceful protest and political action for insurrection, riot, and military suppression.

This is Common Sense. I’m Paul Jacob.

 * This is brazen violation of the 1997 turnover agreement made with Britain, of course.

Additional Reading:

What It Means

What Tiananmen Inspired

Tiananmen & Term Limits

All the Tyranny in China

I Am Hong Kong

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First Amendment rights media and media people

Who’s Banned What?

Facebook, censorship, protests, corona virus, Covid, pandemic, epidemic,

Has dissent about pandemic policy been outlawed? 

I mean, “for the duration”?

Well, no. 

The Internet displays every possible view of policy and epidemiology, expressed with every possible degree of temperateness or intemperateness.

Yet we are indeed seeing signs of indifference to freedom of speech even when that speech cannot entail breathing a coronavirus on anybody.

According to CNN, Facebook told the network: “Anti-quarantine protests being organized through Facebook in California, New Jersey, and Nebraska are being removed from the platform on the instruction of governments in those three states because it violates stay-at-home orders.”

Online posts “violate stay-at-home orders”? 

Who knew? 

Obviously, a protest that violates social-distancing rules (if it does) is not the same thing as a communication about the protest.

Apparently, Facebook is a willing functionary of whichever state governments will instruct it to carry out their censorship. Tyler O’Neil opines that “it is disconcerting that Facebook would work with local governments to remove pages organizing protests against them.” 

Yes, indeed.

But such reports have been disputed. Facebook may be acting on its own. For example, a spokeswoman for New Jersey Governor Phil Murphy says that his office “did not ask Facebook to remove pages or posts for events promoting lifting the provisions of the Governor’s stay-at-home order.” Nebraska also denies making such a request. 

Which version of the story is true? 

Which is worse? 

Both are creepy.

I just hope that this muzzling-speech-just-to-help thing doesn’t start spreading like a virus.

This is Common Sense. I’m Paul Jacob

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Facebook, censorship, protests, corona virus, Covid, pandemic, epidemic,

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First Amendment rights national politics & policies political challengers

Dem Noodles

Tom Steyer, Michael Bloomberg, Citizens United, free speech, money,

Though skipping Iowa and New Hampshire, Michael Bloomberg’s advertisements are ubiquitous on television and YouTube seemingly everywhere in America.

“New Hampshire voters to Steyer: Make it stop!” reads a Politico headline sparked by that taller, poorer billionaire’s unbearable barrage of spots.

At Reason, Eric Boehm notes that Bloomberg and Tom Steyer — both very rich and both running for the Democratic nomination for the presidency — are proving that money cannot buy elections. “Given how Bloomberg and Steyer have struggled to gain traction despite their willingness to set fire to their respective campaign war chests, it’s a bit ironic to hear some of their Democratic primary opponents repeatedly bemoaning the influence of money in politics.”

But Senator Elizabeth Warren’s complaints about the two billionaires are almost certainly just playing to partisan prejudice, which has been seeded for years by the left’s relentless complaints about the Citizens United decision.

Eric Boehm argues that the reality is the opposite of the propaganda: overturning Citizens United would make it easier, not harder, for rich folks to game the system. 

But in Free Speech America, the Bloomberg and Steyer advertising efforts are proving unimpressive. “While it is foolish to rule out any electoral outcome in a world where Donald Trump is president,” Mr. Boehm writes, “voters have responded to both Democratic billionaires with a resounding meh, and there seems to be little reason to think that will change next year, no matter how much money the two candidates pour into the race.”

You don’t eat spaghetti by pushing wet noodles. You gotta entice voters to slurp down your message.

Bloomberg and Steyer, the very soggiest of noodles, are living proof..

This is Common Sense. I’m Paul Jacob.

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Tom Steyer, Michael Bloomberg, Citizens United, free speech, money,

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First Amendment rights ideological culture

Phil of It

Elizabeth Warren,

If Punxsutawney Phil peaks out and sees his shadow, are we doomed to another six weeks of political pall?

And speaking of palls, Senator Elizabeth Warren, slipping in the polls, has unveiled YET ANOTHER PLAN.

Contemplate that very fact for a moment. The Distinguished Pocahontas Professor of Planning proposes to “combat disinformation by holding big tech companies like Facebook, Twitter and Google,” Sunny Kim regales us from CNBC, “responsible for spreading misinformation designed to suppress voters from turning out.”

Warren vows to “push for new laws that impose tough civil and criminal penalties for knowingly disseminating this kind of information, which has the explicit purpose of undermining the basic right to vote.” 

Notice her flip of America’s script? 

Swapping free speech for policed speech doesn’t upgrade politicians, regulators and judges to philosopher king status, able or justified to distinguish true information from mis– or dis-.

And is our basic right to vote really being undermined by “memes”? 

Give me a break. 

Confusing rights with influence, or some virginal lack thereof, is pure political poison.

Or it would be if anyone took Warren seriously anymore.

Meanwhile, PETA is horning in on Punxsutawney’s celebrated Groundhog Day.

“People for the Ethical Treatment of Animals is calling on the keepers of the weather-forecasting groundhog to let him retire,” CNN tells us, “and to be replaced by an animatronic groundhog.”

PETA got what reads like a Babylon Bee article into the news. “By creating an AI Phil,” the group’s letter to the Pennsylvania operation runs, “you could keep Punxsutawney at the center of Groundhog Day but in a much more progressive way.”

Is Elizabeth Warren’s notion also ‘progressive’?

Seems the opposite. But animatronics might be involved.

This is Common Sense. I’m Paul Jacob.

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Elizabeth Warren,

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First Amendment rights

We, the Riffraff

Virginia, First Amendment, free speech,

Suppose I disagree with you — say, on whether I have the right to bear arms. I favor, you oppose. (We’re just supposing here.)

In the heat of online argument, I call you a scoundrel or other unkind things. I am intemperate but avoid libel or threats. Should I be jailed? (Remember, we’re just supposing here. Don’t call the constables!)

You and I would say “No.” But we can’t take our freedom of intemperate speech for granted, or our freedom of any speech at all that ruffles the feathers of rulers like those currently ruling the roost in Virginia.

Our forefathers understood the danger of abusing power to squelch dissent. Hence the First Amendment’s sweeping protection of even obnoxious peaceful speech.

Yet right after launching a massive assault on our Second Amendment rights, Virginia legislators are now launching a massive assault on our First Amendment rights. House Bill 1627 would make a Class 1 felony of “Harassment by computer”: “threats and harassment,” “indecent language,” “any suggestion of an obscene nature” when directed against the governor or other Virginia potentates in state government. Possible penalties include jail time.

Who will decide when rhetoric is mean and vulgar, blunt and honest, or some jumble of all the above? Or when the bill’s ambiguous catchall provisions, if enacted, are being violated? 

Why, the only* people it’s meant to protect: those in government . . . who don’t like it when the people get angry and loud. 

This legislation does not defend you and me. The opposite of the First Amendment, it’s designed to keep us plebs — the riffraff — silent.

This is Common Sense. I’m Paul Jacob.

* The special protection pointedly covers only “the following officials or employees of the Commonwealth: the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.”

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