Category: First Amendment rights

Categories
Common Sense First Amendment rights folly national politics & policies political challengers

Trump Speech

Donald Trump, free speech, law suit, collage, photomontage, James Gill, Paul Jacob, Common Sense

What is free speech? Is it what presidential candidate Donald Trump is trying to squelch?

Last week Trump’s lawyers sent a cease-and-desist letter to the Club for Growth. The Club, a well-known 501(c)4 limited government advocacy group, has put out a number of public service messages (“ads” as they witlessly call them in the politics biz — they are in truth anti-advertisements) criticizing Trump for past high-tax/tax-hike stances.

“Rest assured,” the lawyers wrote,

we will not sit idly by and allow special interest groups and political action committees like yours to defame Mr. Trump and cause damage to his reputation and business interests by intentionally disseminating libelous statements you fully know to be untrue and, even worse, continue to purposely mislead the American people for your own financial gain. Toward that end, Mr. Trump has authorized our legal team to take all necessary and appropriate actions to bring an immediate halt to your defamatory Attack Ads.

The lawyers, like Trump himself, must know that the case has zero merit. As Jonathan Adler explained in his coverage, what we have here “is commonly known as a SLAPP suit — a suit that’s designed to shut people up. ‘SLAPP’ stands for Strategic Lawsuit Against Public Participation and the idea is that well-financed plaintiffs can use lawsuits, and the threat of suits, to discourage speech that they don’t like.”

These days, abridgments of free speech typically come from government coercively stamping out peaceful speech.

Meritless lawsuits, and their threat, are another and quite distinct anti-free-speech affront.

Would you trust anyone who employs such a method?

This is Common Sense. I’m Paul Jacob.

Printable PDF

Donald Trump, free speech, law suit, collage, photomontage, James Gill, Paul Jacob, Common Sense

 

Categories
Common Sense crime and punishment First Amendment rights folly ideological culture meme Popular

Scientists for Censorship

Climate Crime, Paul Jacob, Common Sense, censorship, global warming

“You have signed the death warrant for science,” scientist Peter Webster wrote to a colleague, recently.

The recipient of this charge had signed onto an entreaty to President Barack Obama, U.S. Attorney General Loretta Lynch, and White House Office of Science and Technology Policy Director John Holdren — along with 19 fellow climate scientists. They asked for an investigation into companies and organizations that publicly express doubt about predictions of impending catastrophic man-made global warming. Specifically, they urge the administration to pursue this line of assault using the oft-abused RICO statute, the Racketeer Influenced and Corrupt Organization Act.

Yes, the scientists are calling for harassment of dissenters and straight-out censorship.

Ronald Bailey, over at Reason, calls this a “new low in politicizing science.” Climatologist Judith Curry, who quoted Webster’s above judgment as an epigraph to her post on the subject, colorfully characterized her reaction: “When I first spotted this, I rolled my eyes — another day, more insane U.S. climate politics.”

The 20 alarmists, for their part, draw a parallel to the tobacco RICO investigations that were so influential a few decades ago. But that original case was badly decided. Moreover, RICO laws are themselves an affront.

The anthropogenic global warming catastrophists have previously undermined their case — lies, conspiracies to hide data, misleading use of computer models, and a relentless campaign to turn scientific inquiry into “settled science” will do that. But now, the grotesque spectacle of scientists demanding that the full weight and force of coercive government come down on their “opponents” completely destroys any remaining shred of credibility.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Climate Crime, Paul Jacob, Common Sense, censorship, global warming

 

Categories
Common Sense First Amendment rights folly general freedom initiative, referendum, and recall Regulating Protest too much government

Citizen Registration Fee

Ron Calzone, Missouri, citizenship, freedom, lobbyists

It’s not about the ten bucks — or the thousand. An important principle is involved.

Professional lobbyists in Missouri are legally required to submit reports about the corporations, local governments, industries, associations, and special interests for whom they lobby, how much they are paid, and the goodies they bestow upon the politicians they seek to influence. The registration fee is $10.

Problem is, as I revealed at Townhall yesterday, Ron Calzone isn’t a lobbyist. So, naturally enough, he didn’t file.

Calzone is president of Missouri First, a group advocating constitutional governance and mobilizing fellow citizens for an enormous impact on Show-Me State government. He regularly treks to the capitol, while Missouri First helps folks who can’t get to Jefferson City submit testimony online . . . all to weigh in on issues like the Second Amendment, property rights, initiative petition rules, and cronyism.

It’s true that Calzone lobbies every time he speaks to a legislator. But hey: he’s not a lobbyist under the legal definition. Why? Because he earns not a penny. Missouri First doesn’t even have a bank account. And Calzone doesn’t represent various clients as a professional lobbyist would; he represents himself — and those citizens who agree with him.

Despite the letter of the law, last week the Missouri Ethics Commission fined Mr. Calzone $1,000 for not registering as a lobbyist. It also ordered him not to speak to any state legislator until he registers.

Ron Calzone — with the help of the Freedom Center of Missouri and the Center for Competitive Politics — is appealing the case.

And will win in court.

Yet, that an “ethics” agency is harassing a citizen volunteer speaking truth to power . . . speaks volumes.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Ron Calzone, Missouri, citizenship, freedom, lobbyists

 

Categories
First Amendment rights general freedom

Reason Requires Freedom

Reason and Freedom

For two weeks, Reason magazine was stopped by court order from talking about two government actions.

It started with online comments.

Everyone who samples the Internet knows that although some un-moderated remarks are judicious and thoughtful, others are intemperate and un-thoughtful. Freedom of speech subsumes the latter just as much as the former — unless and until a published comment can be honestly construed as a genuine threat of violence, as opposed to mere venting.

Reason was first hit with a subpoena that “demanded the records of six people who left hyperbolic comments at the website about the federal judge who oversaw the controversial conviction of Silk Road founder Ross Ulbricht.”

The subpoena is itself debatable, the Supreme Court having recently noted that context is relevant to determining whether an online “threat” is a genuine one.

Not debatable? The gag order that soon followed, prohibiting discussion of both the subpoena and the gag order after Reason notified the affected commenters so that they would have a chance to defend their right to anonymity.

Reporting at the magazine’s “Hit and Run” blog, Reason editors Nick Gillespie and Matt Welch explain why the prior restraint represented by the order is unconstitutional and a bad idea.

For Reason, the situation was unprecedented; but similarly wrongful gag orders have become commonplace.

If we lose freedom of speech in this country, it won’t be all at once but bit by ugly bit.

This episode? One of the ugly bits.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Reason and Freedom

 

Categories
Accountability Common Sense crime and punishment First Amendment rights

Wisconsin Raids Speak Volumes

Assault on Free Speech in Wisconsin, police abuse, harassment, militarization, democracy, intimidation, collage, photomontage, illustration, editorial, violence

Where’s the outcry among campaign finance “reformers”?

Silence.

In Wisconsin, laws regulating political speech, along with the clamor for stepped-up “enforcement,” have facilitated an awesomely powerful prosecutor to launch dawn SWAT raids, dragging men, women and children out of their beds, stealing their computers and cell phones and ransacking their homes.

For what crime?

Supporting an act passed by the state legislature and signed into law by the governor.

And for having the bravery, or naïveté, to think we live in a free republic where organizing with others to promote ideas about public policy is a noble pursuit.

Not a one-way ticket to Room 101.

Here at Common Sense we’ve been following these dystopian John Doe raids since 2013, when my friend and hero, Eric O’Keefe, refused to be bullied into silence: he violated a gag order to tell the Wall Street Journal and other media about secret investigations tying up 29 conservative groups.

O’Keefe’s courage inspired several suffering the dawn raids to finally speak out. An article by David French in the May issue of National Review tells their stories, which sparked attention last week from Rush Limbaugh and on Fox News’s The Kelly File.

Milwaukee County District Attorney John Chisholm “correctly identified some of the most important communicators of political messages in Wisconsin,” O’Keefe told Meghan Kelly, “and they raided their family homes, with kids at home . . . . They came in the dark.”

“Put aside whether people should have filed different campaign finance reports, is this an appropriate tactic for any kind of campaign finance question?” he asked.

O’Keefe has fought back, suing Chisholm in federal court. Today, we may discover whether the U.S. Supreme Court will hear an appeal in his case and determine whether a federal district court judge’s injunction against Chisholm’s witch-hunt will stand.

We all know what this is really about. Chisholm was retaliating against individuals and groups that supported Governor Scott Walker’s ultimately successful moves to curb Wisconsin’s public employee unions. It’s a grand example of our age’s real class warfare: between insiders with power and outsiders trying to curb that power.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Assault on Free Speech in Wisconsin

 

Categories
Common Sense First Amendment rights tax policy too much government

Feinstein No Einstein

Anarchy and Chaos

Government’s job is to protect our lives and liberties. But how best to accomplish this? Should books be banned? Websites blocked?

Diane Feinstein thinks so.

Sen. Feinstein (D-California) wants to ban The Anarchist Cookbook from the Internet. The book, which came out in 1971 with lots of radical ideas, including notoriously unreliable instructions for making bombs, is now a website. Perhaps the quality of  the “cookbook” has helped us survive against the anarchist threat these last five decades.

Today, the threat is not anarchist but Islamist terrorism. So of course Sen. Feinstein also wants the Al Qaida magazine Inspire “off the Internet.”

Government censorship, anyone? Free speech, Senator?

Now, I don’t approve of the bombing and murdering of innocents for any cause. So I am not at one with deadly anarchists or deadly jihadists. Count me as among their enemies.

But, at the risk of being called a “liberal,” I don’t think we should defend ourselves against anarchists or jihadists or other terrorists just any old way. For both moral and strategic reasons, we ought not be killing innocents by drone strike, along with those simply declared guilty, without any lawful process at all.

Likewise, we ought not abridge our own cherished principles and the rule of law.

Including the First Amendment.

After all, that’s what government is supposed to be protecting in the first place.

The fact that Feinstein seems so comfortable with simply “banning” books and magazines and websites suggests an illiberal, unAmerican attitude. An attitude that threatens to do more damage to the homeland than any “cookbook” or pro-terrorist magazine or website ever will.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Anarchy and Chaos

 

Categories
Accountability ballot access Common Sense First Amendment rights general freedom initiative, referendum, and recall

Really Protecting Our Rights

Incentives matter. Which is why Ohioans have much to celebrate
this week.

Federal District Judge Michael Watson turned his previous temporary injunction against enforcement of Senate Bill 47 into a permanent injunction. That statue outlawed non-residents from helping Buckeye State residents by gathering petition signatures for an initiative or referendum.

The case is Citizens in Charge v. Husted. Citizens in Charge — where I work — protects initiative rights. Jon Husted is the Ohio Secretary of State.

But Judge Watson went further, declaring Sec. Husted’s office liable for damages to one of our co-plaintiffs, Cincinnati for Pension Reform. The judge found that “a reasonable official would have understood that enforcement of the residency requirement would violate plaintiffs’ First Amendment right to engage in political speech.”

Public officials have what’s known as “qualified immunity,” which protects them from liability when acting in good faith. A spokesman for Husted offered a defense: they were acting “on the assumption that the law is constitutional.”

“Some qualified-immunity cases are difficult,” countered election-law expert Daniel Tokaji. “Not this one.”

Ohio’s residency law was ruled unconstitutional in 2008, after Ralph Nader’s presidential campaign sued. In 2009, the previous secretary of state officially acknowledged the law unenforceable regarding all petitions. Yet, seeking to block citizen petitions, legislators passed it again, and Husted was quick to enforce.

Maurice Thompson of the 1851 Center for Constitutional Law, our attorney, cheered the “deterrence” this decision provides.

“If public officials from the governor down through the police know that they will be liable for enforcing an unconstitutional law,” he explained, “they are far more likely to take Ohioans’ constitutional rights seriously.”

This is Common Sense. I’m Paul Jacob.

Printable PDF

Categories
First Amendment rights Thought

Niels Bohr

An expert is a man who has made all the mistakes which can be made, in a narrow field.

Categories
First Amendment rights general freedom Second Amendment rights

Wanted: Armed Satirists

I have a suggestion. Bear arms.

Commenting on the terrorist attack on Charlie Hebdo, a Reason.com reader points to a profile of Henry Jarvis Raymond (1820-1869) at the website of Green-Wood cemetery.

At the moment, the most urgently relevant detail of Green-Wood’s profile is not Raymond’s co-founding of The New York Times, his politics or his friendship with Abraham Lincoln, but how he defended his paper against threat of assault.

“During the ‘high tide’ of the Confederacy . . . Raymond fought to rally public opinion in favor of the Union. When draft rioting mobs approached the offices of The New York Times in July 1863, Henry Raymond held them off with three Gatling guns he had obtained from the army.”

Charlie Hebdo has been attacked by Islamo-terrorists before. In 2011, its Paris office was badly damaged by a firebomb unleashed in reply to a “Charia Hebdo” issue of the satirical magazine.

At least since that attack, then, the risk to Charlie Hebdo staff for ridiculing Islam, Islamism and/or Muhammad* has not been merely theoretical. I applaud the fact that they have fearlessly persisted in their satiric mission despite what happened — and are fearlessly persisting now despite a much steeper cost.

But if you’re in that situation, please don’t just brave the odds. Even the odds. Ensure that personnel are well-trained in the use of firearms, and that these weapons are easily accessible at all times.

And if you’re a government, make bearing arms easy.

This is Common Sense. I’m Paul Jacob.

* It may be worthwhile pointing out — as many have — that the satirists were not narrowly ridiculing one culture, that of Muslims; they have been and are across-the-board satirists, mocking politicians, clerics and partisans of most (if not all) stripes. Further, though widely considered a left-wing magazine, its editorial policy has never fallen into the lefty rut of blaming only the West and bending backward to defend foreign criminals and tyrants.

Categories
First Amendment rights

Shut Up, the City Council Explained

South Pittsburg council members are tired of criticism.

So they’ve outlawed it.

Officials in the “tidiest town in Tennessee” say that the negativity hampers their work.

According to Ryan Lewis’s report in Times Free Press, the policy, passed in December, forbids city employees, contractors, vendors and “anyone associated with the town in an official capacity who uses social networks” from publishing criticism “about the city, its employees or other associates” on such networks.

Only one council member, Paul King, voted No. The new law is “telling me what I can say at night. I call that freedom of speech. I can’t understand that.”

Jane DawkinsCity officials like Mayor Jane Dawkins (pictured) seem to conflate criticism as such, including merely untrue criticism, with “out-and-out lies,” and to regard censoring all criticism as an okay means of preventing alleged lies. But their blanket action goes way beyond any reasonable resort to defamation laws, which require more than mere putative falsehood, let alone putative negativity, to prove an actionable civil wrong.

Even if affected parties were assenting explicitly to the new policy, no agreement to forfeit one’s basic rights — whether freedom of speech or association, trial by jury, or any other — is properly enforceable.

The proper function of government is to protect these rights.

Not to violate them — even if officials are terribly annoyed by their exercise.

Every South Pittsburg council member who voted for this edict should be tossed out of office in the next election. If not sooner.

This is Common Sense. I’m Paul Jacob.