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First Amendment rights

One Vote from Tyranny

The bureaucrats at Missouri’s Ethics Commission lost.

By one vote.

Last Friday, the commission’s outrageous attempt to force Ron Calzone, an unpaid citizen activist, to file and pay a fee as a lobbyist in order to speak to legislators in the capitol was ruled unconstitutional.

After vacating a previous 2 – 1 decision by a three-​judge panel that had upheld that ridiculous requirement, the entire federal Eighth Circuit Court of Appeals weighed-​in, ruling 6 – 5 that such a mandate was a violation of fundamental First Amendment rights.

“[C]an Missouri require Calzone to pay a fee and publicly disclose his political activities, even though he neither spends nor receives any money in connection with his advocacy?” asked the majority opinion. “We conclude that the answer is no.”

Regular readers may recognize Calzone for the same reason Show-​Me State legislators know his name: he is an effective advocate for constitutional government. 

And we have covered this specific battle numerous times going back to 2014, when a paid lobbyist at the behest of two legislators (tired of his grassroots input) filed an ethics complaint against Mr. Calzone.

This whole case is one of politicians and their special interest cronies using the bureaucratic, regulatory state to attempt to harass citizens into silence. 

They sure chose the wrong citizen to mess with.

Be grateful to Ron Calzone who stood up for freedom during five years of court battles. And thank goodness for the legal eagles who soared to his defense — in this case the Freedom Center of Missouri and the national Institute for Free Speech.

Yet, be very afraid that while this most fundamental right to freely communicate with one’s elected representatives and speak out on legislation was sustained, it was by a narrow 6 – 5 vote. 

This is Common Sense. I’m Paul Jacob.


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First Amendment rights insider corruption national politics & policies

Worse Than Hypocrisy

“You shouldn’t accept any money from a Super PAC,” former Vice-​President Joe Biden claims he advised his presidential rival Sen. Bernie Sanders, “because [if you do] people can’t possibly trust you.”

Now it must be impossible to trust Mr. Biden.

“Joe Biden is apparently dropping his long-​held opposition to the creation of an outside group,” the media tepidly informed last week, “that would supply an infusion of money to benefit his campaign.”

That is: the dreaded Super PAC.

In his 2017 book, Biden claimed he would not have accepted such “outside” support had he entered the 2016 contest — even though he “knew there was big money out there for me.” 

Why not? “[I]n a system awash with money,” the former VEEP wrote, “the middle class didn’t have a fighting chance.” 

What changed? Now this drowsy Democrat actually needs campaign cash! 

“Biden has struggled to raise money, and last week, his campaign reported having $9 million on hand,” reports The Washington Post, “roughly a third as much as some of his top Democratic rivals.”

Necessity is the catalyst of hypocrisy?

“As president, Joe Biden will push to remove private money from our federal elections,” his campaign explained. “He will advocate for a constitutional amendment to overturn Citizens United and end the era of unbridled spending by Super PACs.”

Your private money and mine has as much right to engage in federal elections as Mr. Biden does. And I’ve warned  many times about the free-​speech repealing amendment the doddering Democrat frontrunner is pushing.

There may be worse things than hypocrisy, but there are few things worse than opposing First Amendment rights.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom ideological culture

The King’s Airball

“The thing is, LeBron, we’ve come to expect more of you,” writes Dan Wolken in USA Today, taking the National Basketball Association star to task for his comments taking Houston Rockets executive Daryl Morey to task for having tweeted “Fight for freedom, stand with Hong Kong.”

Morey’s pro-​protester statement had caused a backlash against the NBA from the totalitarian Chinese government, threatening the league’s — and LeBron’s — continued access to China’s large and lucrative market of basketball fans.

LeBron James told reporters that Morey was “misinformed, not really educated” about the Hong Kong situation, before adding, witlessly, “I have no idea but that’s just my belief.”

“Yes, we all do have freedom of speech,” acknowledged James, “but at times there are ramifications for the negative that can happen, when you’re not thinking of others and you’re only thinking about yourself.”

Ramifications for whom? The people of Hong Kong yearning for freedom and democracy? Or was Mr. James … only thinking about himself?

Criticism came fast and furious. “@KingJames — you’re parroting communist propaganda. China is running torture camps and you know it,” tweeted Nebraska Senator Ben Sasse. 

“Let me clear up the confusion,” responded the King of Basketball, if not public relations. “I do not believe there was any consideration for the consequences and ramifications of the tweet.  I’m not discussing the substance.”

And then LeBron further clarified, “My team and this league just went through a difficult week. I think people need to understand what a tweet or statement can do to others.… Could have waited a week to send it.”

Hong Kong protesters are now burning LeBron’s No. 23 jersey. 

Apparently, their freedom can’t wait a week.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Popular

Against Spying on American Journalists

Does the Federal Bureau of Investigation have a file on you?

Does it — or some other agency — have an active file on you?

If so, does it have good reason for such an investigation?

Well, refine that last question a bit: does the FBI have a good reason under the principles of a democratic republic, abiding by the limits set by the rights listed (and not listed) in the Constitution?

Eight years ago, the folks at AntiWar​.com learned that they had been subject to FISA snooping and multiple “threat assessment” memos of the FBI. Eric Garris, founder, managing editor, and webmaster of the anti-​war site sued, under the Freedom of Information Act, for discovery, and, under the 1974 Privacy Act, to have the memos expunged. On September 11, the court instructed the bureau to expunge one of them, mainly because no crime was under investigation.

You can read a good account of the story at The American Conservative, by Kelly Beaucar Vlahos. It is not a simple story. But the gist is that a journalistic enterprise was targeted for a spy operation because the American Deep State disagreed with — or just plain feared — the journalists’ policy of opposing never-​ending war.

Never-​ending war being, of course, the health of the ever-​expanding state.

This may not unreasonably remind you of the Obama Era suppression of Tea Party activism via the Internal Revenue Service’s discriminatory doling out 501©3 statuses. But the FBI is even more ominous, as Angela Keaton, Director of Operations, acknowledged: “donors became scared.”

That is all the evidence we need to recognize how dangerous Deep State spying can be to the freedoms — political and personal — of Americans.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom ideological culture

Ngo Go Zone

Last week, photojournalist Andy Ngo was attacked on the streets of Portland, Oregon, while video-​recording a Patriot Prayer march and its Antifa opposition.

As they attacked, one malefactor can be heard screaming, “F**k you, Andy!” Another cried, “F**king owned bitch.”

It was personal. They knew Mr. Ngo, who had been covering Antifa and other far-​left activists rioting in Portland for several years.

Ngo’s new GoPro camera was stolen, he was hit on the head, had eggs and milkshakes thrown at him, and shot with silly string. The aim, apparently, was to humiliate and hurt and incapacitate.

Aside from the Antifa terrorists’ personal sense of aggrievement, there is that odd element where the putative “protesters” just do not want to be recorded. Which, after all, is the whole point of actual protest.

Odder yet, while Antifa is allegedly for equality and inclusion, the faces of the arrested malefactors appear largely white, and from what we know in the past, the black-​clad, hooded-​or-​masked mob is mostly made up of white, twenty-​something men. 

A white mob attacking a gay Asian sure seems racist and homophobic.

So maybe there is a bit of truth to the notion that Antifa is mainly a bunch of guys unleashing their lust for violence and mayhem. “Anti-​fascism” is just a not very plausible excuse. 

But, significantly, it is one that major media continue to make for the group. And many in the media go further, apparently seeking to excuse Antifa by labelling Ngo as a “conservative” (!) and a “provocateur.”

There is no excuse for Antifa — or its apologists.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom local leaders

Deep Show-​Me State

Worried about the Deep State undermining democracy in Washington? What about the Deep State in Missouri?

Today, Ron Calzone will sit in a St. Louis courtroom with his wife, Anne, intently listening to arguments in his case, Calzone v. Missouri Ethics Commission, before the entire Eighth Circuit Court of Appeals. 

In what sort of evil corruption has Mr. Calzone been engaged? 

Good citizenship. 

Talk about an open-​and-​shut case! For zero pay, Calzone and others — organized through Missouri First — track legislation and communicate their viewpoints to their state representatives, urging legislators to follow a constitutional, limited government philosophy. The group gives no gifts to legislators, only their opinions, and spends no money. Doesn’t even have a bank account.

This is the sort of wholesome citizen participation envisioned in civics textbooks. But politicians see engaged citizens, like Ron, as pests, infesting their capitols. 

In 2014, angered by the grassroots input Calzone had generated, two state legislators convinced the Missouri Society of Governmental Consultants (the state’s “lobbyist guild”) to file an ethics complaint against Ron, demanding he register as a lobbyist. At the measly cost of $10 a year.

Calzone can afford the Hamilton, but refused, on principle, to pay it or to register as a lobbyist. Thankfully, great lawyers at the Freedom Center of Missouri and the Institute for Free Speech have come to his defense.

Laws regulating lobbyists have been enacted to check the influence of rich, powerful special interests. Or so the powerful interests tell us.

Instead, politicians and bureaucrats are twisting the law, trying to block grassroots citizens.

It is time to deep six Deep States.

This is Common Sense. I’m Paul Jacob.


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