Category: First Amendment rights

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Accountability ballot access First Amendment rights general freedom government transparency initiative, referendum, and recall media and media people moral hazard nannyism Regulating Protest too much government U.S. Constitution

Four Measures for Rogue Government

speech, anti-speech, NAACP, Supreme Court, First Amendment, Free Speech,

Rule of thumb: don’t enact today laws that, had they been obeyed by folks in the original 13 states of our union, would have prevented independence.

Voters in Missouri, South Dakota, and Washington have the “opportunity” to enact such laws this November.

In “Beware of Anti-Speech Ballot Measures,” Tracy Sharp and Darcy Olsen, presidents of the State Policy Center and the Goldwater Institute, respectively, offer a warning. Focusing on Measure 22, the South Dakota Government Accountability and Anti-Corruption Act, they show how dangerous notions like forcing “nonprofit organizations to report the names and addresses of their donors to the state government” can be.

Such disclosure would subject non-profits “to possible investigation by an unelected ethics board that is given the power to subpoena private documents and overrule decisions made by the state attorney general. . . .” Rogue, star-chamber government.

Fever dream?

No. Sharp and Olsen highlight a famous U.S. Supreme Court case that protected the NAACP from the state’s demand for the group’s funding sources. Both women also offer personal tales of how nasty the opposition (in government and out) can become when big issues are on the line.

I can personally attest.

These measures fly in the face of what really matters — encouraging robust public debate. Democracy doesn’t work when people dread participation. As our authors challenge, “[d]o we want America to be a country where government keeps public lists of law-abiding citizens because they dare to support causes they believe in?”

Especially when, without the secret (unreported!) activities of the Committees of Correspondence, the USA would not have become united states in the first place.

This is Common Sense. I’m Paul Jacob.

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Original (cc) photo by Michael Tracey on Flickr

 

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crime and punishment First Amendment rights media and media people national politics & policies political challengers

A Suit of a Different Color

Melania, Donald, Trump, daily mail, scandal, sex worker, illustration

Donald Trump has threatened to use lawsuits against people he says are lying about him. Even if elected President.

Well, enter the third Mrs. Donald Trump, Melania. She is suing Britain’s Daily Mail* for suggesting that she may have worked as a “part time escort in New York,” explains the BBC, “and met husband Donald Trump, who is now running for the White House, earlier than previously reported.”

We know from published nude photographs that she was in the U.S. before the time specified by her presidential-hopeful husband. And for some, those nude photographs lend credence to a rumor about escort service work. (She’s made money for being photographed in sexual congress before.)

The Daily Mail has withdrawn its article, insisting that it had not “suggested the sex work claims were true but said that, even if false, they could affect the US presidential campaign.” Sounds like a defense to me.

Earlier this week I confessed to my lack of accounting expertise. Now I should do the same regarding law. Yet, the claim by the Trumps’ lawyer, Charles Harder, seems hard to take seriously — that is, that the defendants’ statements were “so egregious, malicious and harmful to Mrs. Trump that her damages are estimated at $150 million dollars.”

Really? That much?

Besides, it’s her husband’s career on the line. And a sex morals rumor about Mrs. Trump wilts next to the long list of rumors and established fact in the scandal department of actual candidate (and former First Lady) Mrs. Bill Clinton.

Seems with either major party candidate, we’re guaranteed a soap opera . . . and full employment for lawyers.

This is Common Sense. I’m Paul Jacob.

 

* She is also suing an American blogger.

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crime and punishment First Amendment rights general freedom initiative, referendum, and recall nannyism national politics & policies political challengers responsibility too much government

A Private Party

Donald Trump, delegates, unbound, convention, crime, vote

Virginia delegate Beau Correll won’t cast his first ballot vote at the Republican National Convention for Donald Trump, and won’t go to jail, either.

As discussed last Thursday, at issue is a state statute requiring* delegates to vote for the plurality winner of the party’s primary. On the Republican side, that’s Mr. Trump. Yesterday, Federal Judge Robert Payne ruled the law unconstitutional, no law at all, because it violates Correll’s First Amendment rights to speak and associate politically.

“In sum, where the State attempts to interfere with a political party’s internal governance and operation,” the federal judge wrote, “the party is entirely free to ‘cancel out [the State’s] effort’ (Def. Resp. 28) even though the state has expended financial and administrative resources in a primary.”

Love ’em or hate ’em, political parties are private associations, properly protected by the First Amendment.

But is it fair to hold primary elections, at taxpayers’ expense, and then ignore the votes of so many people?

Easy answer: NO.

Sure, Judge Payne correctly struck this statute, but it doesn’t follow that states must foot the bill for party primaries and national conventions or provide legal preference. Up to now, incumbent politicians have quietly legislated a relationship of too-friendly collusion between government and the major parties.

It’s time for citizens to look at initiatives to mandate separation of political party and state.

More immediately, the implications for the coming GOP convention in Cleveland are obvious and far-reaching. “The Court’s decision,” as Correll’s attorney David Rivkin summarized, “follows more than 40 years of precedent in firmly rejecting Donald Trump’s legal opinion that delegates are obligated by law to vote for him.”

The delegates are free.

This is Common Sense. I’m Paul Jacob.

 

* Penalty for non-compliance? One year in prison.

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Original photo credit: Gage Skidmore on Flickr

 

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education and schooling First Amendment rights ideological culture media and media people

The Controversialist

DePaul University, Black Lives Matter , Social Justice Warriors, Dangerous Faggot Tour, Milo Yiannopoulis , provocative,

“Feminism is cancer.”

Milo Yiannopoulis is provocative. Apparently of violence as well as of thought.

Until very recently, best known for his Twitter presence (@nero) and his work at Breitbart, Mr. Yiannopoulis, a gay British man in his mid-30s, has undertaken what he calls his “Dangerous Faggot Tour,” — speaking to anti-left audiences in hired halls at the heart of the modern university.

He outrageously decries the regnant “Social Justice Warriors” of anti-capitalism and intersectional feminism, and defends free speech and the candidacy of Donald Trump.

But obviously he is egging on the student mobs. One stunt was to take a poll asking whether the subject would rather his or her daughter get cancer or become a feminist.

Cancer, Milo chortles, was the overwhelming result.

Most people hate modern feminism, he says. It’s only on campuses that the youngsters are unhinged enough to believe that

  • rich, pampered college students are “oppressed” just because they are women or gay or trans; that
  • white men are “systemically” their “oppressors” and thus “privileged”; and that
  • there exists an overarching Patriarchy in capitalist America, but not in the Mideast.

So he is shouted at and “protested” everywhere he goes. This week, Black Lives Matter protesters basically took over an event at DePaul University, with a young woman invading Milo’s personal space, apparently (you decide) hitting him in the face during a Q and A.

The university, which had charged organizers a huge fee for “extra security,” did nothing. Milo’s suing to get back that payment — for services plainly not rendered.

Some patriarchy. Some privilege.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom individual achievement obituary

A Life Too Short

ElizaBeth Garrett

One lesson from the classic film, It’s a Wonderful Life, is that “Every man’s life touches so many others.”

Every woman’s life does, too.

On Monday, I was stunned and saddened to read in my morning paper that Cornell University President Elizabeth “Beth” Garrett had died, barely a month after being diagnosed with colon cancer, at only 52 years of age.

“Being the first woman president of Cornell, just as I was the first woman provost at U.S.C., puts me in the position of being a role model — not just for young women, but also for men,” she told an interviewer.

While at the University of Southern California, Beth “was the driving force behind the Initiative and Referendum Institute becoming part of USC,” according to my friend, Dane Waters, founder of the Institute.

I met her in the late 1990s. While we certainly were not in full agreement politically, my respect for her intellectual honesty grew and grew. She produced top notch research on the initiative process

And she cared. Years ago, when the Oklahoma Attorney General unsuccessfully sought to persecute myself and two others, Beth Garrett, an Okie native, reached out to lend her moral support.

Reason magazine mourned her passing by calling her “a staunch defender of free speech on campus.”

“There isn’t any idea that ought not to be tested and questioned,” Garrett once told students. “Because that’s how we get closer to the truth. . . . So if you disagree with someone, the answer isn’t to shut them down.”

Beth Garrett lived a wonderful life, leading by example. We’ll miss her.

This is Common Sense. I’m Paul Jacob.

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ElizaBeth Garrett

 

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crime and punishment First Amendment rights general freedom moral hazard national politics & policies Snowden

Structurally Opinionated B. S.

Edward Snowden, iPhone, First Amendment, privacy, Apple, illustration

Edward Snowden, the infamous American whistleblower now exiled in Russia, says the FBI’s claim that it cannot decode the infamous San Bernardino terrorist’s iPhone is, and I quote, “Bernie Sanders.”

Oops.

He used another word-set, also sporting the initials B. S.

I got confused because, though the press has been fretting endlessly about the B.S. coming from Donald Trump, the real corkers of late have come from Bernie Sanders, who seems to think that white people cannot be poor or oppressed* and that the successes of free markets elsewhere serve perfectly as excuses for Big Government interference here in America.**

Mr. Snowden, who knows a lot more about encryption and decryption than I do, has given more weight to my suspicion that the whole FBI case against Apple — demanding that Apple create software to decrypt the company’s customers’ iPhones, and supply (on an allegedly case-by-case basis) the decrypted private information to the government — is a sham.

Snowden insists that there are multiple ways to do the job.

“Other technologists have explained how the FBI could have easily accessed the phone’s latest iCloud backup,” a report on Snowden’s judgment elaborated, “if agents working with San Bernardino County had not reset the iCloud password.”

Once again, a government failure leads to another push by government to correct for its failure, burdening citizens.

In this case: folks at Apple.

Interestingly, Apple’s legal defense appears to rest heavily on the First Amendment’s free speech guarantees, arguing that the demanded software is value-laden speech, is literally made up of such.

The exact term is “structurally opinionated,” which I nominate for the jargon phrase of the year.

This is Common Sense. I’m Paul Jacob.

* Sanders has recently said, in one of those interminable debates that I can no longer watch in full, “When you are white, you don’t know what it’s like to be living in a ghetto, you don’t know what it’s like to be poor, you don’t know what it’s like to be hassled when you are walking down a street or dragged out of a car.” As if “white privilege” amounts to immunity from poverty or oppression.

** Sanders, whose Tweets are as insane as his spoken pronouncements, recently lamented how Romanians in Bucharest have faster Internet speeds than Americans — without realizing they’d achieved these levels of access by wide-open, unrelenting, and wild competition. That is, Laissez Faire capitalism.

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Accountability Common Sense First Amendment rights free trade & free markets general freedom ideological culture nannyism national politics & policies responsibility too much government U.S. Constitution

re: Solutions

New Year, 2016, resolutions, Common Sense, illustration

Today’s the traditional day for New Year’s “Resolutions,” but instead of resolutions, how about some solutions?

Sure, Thomas Sowell has sagely reminded: there are no solutions in social life, only trade-offs.

But, utopian perfection aside, let’s agree that some changes would be better than others, and, let us resolve to solve some nagging problems — or at least trade up. And since the really nagging problems are political . . .

For Republicans: this could be the year to give up on government as society’s chief moral agent, empowered to regulate everybody’s medicine cabinets and bloodstreams. End the failed War on Drugs, with legalizing marijuana the simplest first step. Vice will continue, as it always has. But it’s another kind of vice to think that force, policing and imprisoning folks, will “solve” the problem. Much less even reduce the availability of drugs.

For Democrats: this could be the year to give up on government as micromanager of markets — and people’s marketplace choices. Face it: folks will make decisions that liberals don’t like. They’ll eat at McDonalds and buy large sodas — and the wrong stocks. And guns! But adding to the mass of regulations doesn’t make consumers choose better, it makes stuff more expensive and business less open to competition. Indeed, almost all the regulations designed to help “the little guy” backfire, helping big business by hobbling their upstart competitors.

Our leaders, at present, cannot even balance budgets. They are addicted to debt. To pretend we must have more and more government to prevent our addictions or save us from personal debt is ludicrous.

Can we resolve to stop pretending that bigger government is always the solution?

This is Common Sense. I’m Paul Jacob.

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First Amendment rights folly general freedom ideological culture national politics & policies privacy U.S. Constitution

Our Masters’ Malign Agenda

Constitution, Bill of Rights, Politics, Terrorism, populism, Common Sense

Reacting to terrorism, President Obama’s first thought? Scratch out the Second Amendment and the Fifth Amendment’s guarantee of “due process” from the Bill of Rights. Why? To advance his mania for gun control.

Now comes Republican front-runner Donald Trump, one-upping the president. He wants to block any Muslim from entering the U.S. — whether immigrant, refugee or even tourist.

That’s after advocating a government database for tracking American citizens who are Muslim.

Terrorism is winning.

Ignore the Constitution? Disregard individual rights? Demonize an entire religion? Thus our leaders play into ISIS’s hands, encouraging Muslims worldwide to see the U. S. as their enemy.

Cooler heads must prevail. Or else. A Republican friend posted on Facebook that he “would gleefully vote for Hillary Clinton over Trump.” I just cannot muster any glee.

In fact, I’m beginning (again) to wonder if John Fund wasn’t on to something last June, when he wrote in National Review that “just maybe Trump is a double agent for the Left.”

Think “Manchurian Candidate.”

“It’s all very un-American,” my friend Suhail Khan, an American Muslim and conservative activist, told the Washington Post. “Our country was based on religious freedom.”

No more?

Surely, our experiment in limited government has not ended.

But we need to get serious.

We must demand a real commitment from any candidate seeking the country’s highest office. To be entrusted to execute our union’s laws, he or she must actually demonstrate allegiance to the rule of law.

That is, a willingness to fit one’s ego within the confines of the Constitution.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom ideological culture nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

Enumerated Wrongs

Bill of Rights, Ten Amendments, Freedom of Speech, Bear Arms, Common Sense

Will the government soon quarter troops in your home?

The Third Amendment prohibits that, sure — but if prominent and powerful Democrats are so anxious to toss out the First and Second Amendments to the Constitution, who’s to say they wouldn’t jettison the Third?

Last year, every Democratic U.S. Senator voted to repeal the First Amendment’s guarantee of freedom of speech and replace it with new, broad powers for them to regulate campaign spending, thereby speech.

Luckily, those 54 senators lacked the two-thirds margin needed for their amendment.

Now, in the face of “gun violence” and (pssst) terrorism, President Obama, presidential aspirant Hillary Clinton, and true-blue MSNBC’s Joe Scarborough, want to scrap the Second Amendment. How? By first scrapping the Fifth, which guarantees that “No person shall be … deprived of life, liberty, or property, without due process of law.” They demand that Americans on the so-called “terrorist no-fly list” be denied the Second Amendment right to a firearm, despite the fact that the bureaucratically created no-fly list offers not a scintilla of due process: no charge, jury, trial.

Would this new regulation have prevented the San Bernardino murderers from getting guns? No — they had recently flown across the world.

The frequent-flying Boston Marathon bombers didn’t make the list, either.

But the list did label an 18-month-old girl a terrorist, snatching her rights like taking candy from a . . . toddler.

“Just what will it take for Congress to overcome the intimidation of the gun lobby and do something as sensible as making sure people on the terrorist watch list can’t buy weapons?” Mrs. Clinton asked rhetorically at a campaign event.

Answer: an illegal abrogation of the most fundamental and cherished rights in human history.

This is Common Sense. I’m Paul Jacob.

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The Ultimate SuperPAC

SuerPac, Marco Rubio, Biased Media, Republican Debate, First Amendment, collage, photomontage, illustration, Common Sense, Jim Gill, Paul Jacob

Sen. Marco Rubio’s charge in last week’s presidential debate, that the mainstream media functions as a SuperPAC for Democrats, was not only accurate, I wrote at Townhall, it has deeper implications.

Consider the relentless media drumbeat for restrictive campaign finance regulations.

If the Federal Elections Commission mutes, at Congress’s instruction, voices of the political parties and silences issue-oriented advocacy groups — or such groups are prevented by the IRS from even forming in the first place — and if Democrats get their way and ban SuperPACs (other than the media), who would hold the loudest megaphone?

You guessed it.

The New York Times, Washington Post, Associated Press, NBC News, etc. — corporate behemoths all — warn of the dangers of big, bad corporations and wealthy individuals, hoping to spur regulation that hamstrings the communications of others.

The regulations somehow never involve abridging the speech of those same powerful media outlets.

Last year, every single Democrat in the Senate voted to repeal the essential constitutional guarantee of free speech, voting for Senate Joint Resolution 19, introduced by Sen. Tom Udall (D-N.M.).

Had it become part of our Constitution, the First Amendment’s words “Congress shall pass no law” would have been replaced with an open-ended invitation for politicians in Congress to “regulate” campaign spending — therefore speech — to their hearts’ content.

The amendment was so sweeping the authors felt the need to add: “Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press.”

Big Media is a major force promoting Big Government, always willing to attack advocates of a constitutionally limited government.

Except when it comes to constitutional protections for Big Media.

This is Common Sense. I’m Paul Jacob.

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