Category: First Amendment rights

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First Amendment rights ideological culture

Antidemocracy in Maine

Maine, legislature, censorship, freedom of speech, representation,

Laurel Libby, a Republican state legislator in Maine, has been censured by Democrats in the Maine House of Representatives for a February 17 social media post in which she expressed disapproval of allowing “trans” girls (boys) to compete in high school sports for girls.

The alleged reason for the censure? Her post mentioned the winner of a girls’ track championship who is publicly known to be the winner and publicly known to be male.

Censuring Libby for stating her views would be bad enough. But the legislature went beyond putting its disapproval (or the Democratic majority’s disapproval) on record.

Representative Libby isn’t being allowed to speak as a representative during session. And she’s not being allowed to vote until she apologizes. 

For stating her views on a public question. 

Nor was she even allowed to defend herself when the House voted along party lines 75-70 to censure her.

This qualifies as tyranny, another mile down the slippery slope of eroding — or dynamiting — democratic norms and practices. The tyranny is not that of an autocrat but of the majority. In this case, the tyranny of a majority of partisans in a legislature.

It is also an attack on free speech. As the Foundation for Individual Rights and Expression observes, people elect representatives to “vote according to their conscience and express themselves freely on controversial topics.”

Rightly, Laurel Libby has refused to remove the Facebook post criticizing the policy of the Maine Principals’ Association. Wrongly, her constituents continue to be deprived of her voice and vote in the legislature.

She is asking the U.S. Supreme Court to redress this injustice. Let it act, and fast.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights international affairs

Like a Bad Jankowicz

Nina Jankowicz, Mary Poppins, disinformation

Nina Jankowicz is back.

During the Biden administration, Jankowicz, scourge of “disinformation,” lost her perch as head of an incipient Disinformation Governance Board. 

People learned that the Board existed; were aghast; got it closed.

If only government censorship were always so easy to kill.

Now this nag, with no prospect of getting a job muzzling people she disagrees with from the Trump administration, is making a nuisance of herself internationally.

She’s preaching to the European Union, which Jonathan Turley calls “the global hub for censorship efforts,”warning that the Trump administration wants “to force EU institutions to roll back regulation like the DSA [Digital Services Act],” which seeks to impose a regime of online censorship.

We want the right to say false things if we’re not trying to defraud anyone. Why? For several reasons, but we often inadvertently say untruths.

We also want the right to say true things. 

When people disagree with each other, both can’t be 100 percent right, but they can both be trying to find the truth. And discourse is often crucial to finding it. Truth doesn’t arrive readymade in the form of secure and impenetrable revelation.

Neglecting all this, censors like Jankowicz and the EU’s mandarins prefer to enforce current government viewpoints and punish contradictions of them that exceed a certain threshold of annoyingness.

They seem unaware of the great fact that even governments (!) can be mistaken.

By the way, if you haven’t listened to Jankowicz warble her censorship rap to the tune of “Supercalifragilisticexpialidocious,” you really should do so in expiation of whatever sins you may have committed in this life.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights international affairs Internet controversy social media

X Marks the Censor

EU, censorship, Elon Musk, X, VPN

The European Union’s censors are outraged that Elon Musk’s social media platform, Twitter-X, flouts their demands to gag users.

So they’re gearing up to fine X more than a billion dollars. The EU will also be demanding “product changes.”

Another EU investigation reported by The New York Times “is broader and . . . could lead to further penalties,” but amounts to the same thing: punishing Musk’s free-speech company for disobeying orders to prevent and punish speech.

All this is rationalized by a new EU law to compel social media platforms to police users. One would be hard put to find a clearer case of governmental censorship-by-delegation. It’s not even taking place behind closed doors, as was the case regarding the U.S. Government and Twitter before Mr. Musk bought the platform. 

These European censors brag about it.

X says it will do its best to “protect freedom of speech in Europe.”

If push comes to shove and EU goons do not back down, what X should do has been indicated by the smaller platforms social media platforms Gab and Kiwi Farms.

First, refuse to pay a penny of any imposed fine. 

Second, block access to X within the European Union, advising all account holders who try to log on why having an EU IP address is now a bad idea and why using a good virtual private network (VPN) to access X is now a good idea.

By disguising point of origin and encrypting traffic, a good VPN can help people living under tyrannical regimes like the European Union to evade censorship.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights international affairs Internet controversy social media

Against British Censorship

U.K. British, censorship

The dictates of the neo-redcoat British government, led by Prime Minister Keir Starmer, are out of control.

Starmer’s Labour government wants the whole world to obey its censorship demands. The latest is that its Office of Communications, called Ofcom, is threatening the American social media platforms Gab and Kiwi Farms with mega-steep fines for unwaveringly safeguarding the freedom of speech of users. 

Which of course Gab and Kiwi Farms have every right to do.

Ofcom says it’ll sock Gab with fines of up $23 million USD for refusing to censor its users per UK orders. 

“We will not pay one cent,” says Gab CEO Andrew Torba.

Gab is not only not cooperating with Ofconjob’s insanity, it has also reported the Starmer government to the U.S. Trade Representative and the U.S. Department of Justice in hopes that the U.S. government will retaliate against the United Kingdom for trying to gag social media in the United States.

Kiwi Farms, threatened with the same fine of up to 10 percent of worldwide revenue, is telling UK users who want to use the site to access it through a VPN or Tor in order to protect their online traffic and disguise which country they’re from. Otherwise, they’re out of luck.

Kiwi has also reported success in obtaining pro bono counsel for dealing with “the UK’s attempts to enforce its censorship regime in the United States.”

As the U.S. president famously said in Butler, Pennsylvania: “Fight! Fight! Fight!”

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights international affairs

How We Tear Up

“We revoked her visa,” Secretary of State Marco Rubio told a reporter asking about Rumeysa Ozturk, a Tufts University student from Turkey, detained recently by plainclothes officers of U.S. Immigration and Customs Enforcement (ICE) in the process of deporting her.

“Her only known activism,” the Associated Press relates her friends saying, “was co-authoring an op-ed in a student newspaper that called on Tufts University to engage with student demands to cut ties with Israel.”

A federal judge is now preventing her deportation.

Citing those who “want to participate in movements that are involved in doing things like vandalizing universities, harassing students, taking over buildings, creating a ruckus,” is how Rubio explained the rationale for the ousting. “We gave you a visa to come and study and get a degree, not to become a social activist, to tear up our university campuses.”

But there’s the rub, isn’t it? 

Obviously, those who “tear up” by committing acts of violence and intimidation, breaking our laws, should be deported. 

Yet, what about those merely speaking or writing words — whether you like them or loathe them, or their speaker — that tear up the university’s status quo in the minds of listeners? Or might, if allowed voice?

Any “alien” in our country legally has a First Amendment right to speak. Even our Highest Court has so ruled. 

The Trump administration appears to have vast legal authority to remove aliens from U.S. soil . . . except perhaps the way they’re doing it. Deportation cannot be a selective punishment for speech, which is protected. 

“America was built on free speech, so if we don’t have that, then what?” said Carina Kurban, a Lebanese American, at a recent rally in defense of Ozturk. “Then where do we go?”

This is Common Sense. I’m Paul Jacob.

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First Amendment rights privacy

What’s Really at Stake in Maine

It’s “bad-penny” time in the Maine legislature, as in “back like a”: a bill threatening the privacy of political donors.

LD951, introduced and foiled in the previous session, would force nonprofit organizations that take a position on policy measures “to not only report their donors, but their donors’ donors,” which Philanthropy Roundtable compares to legislation in Arizona that did become law — a law now being challenged in court. 

Like Arizona’s law, LD951 would impose cumbersome regulations and steep fines while obstructing free speech and free association. The obviously intended result being for nonprofits to not take such positions.

According to LD951, the public has a “compelling interest” in knowing who political donors are; otherwise, how can voters “make informed decisions and hold elected officials accountable”?

This is one of those vague dicta that melts into a puddle when you try to think about it.

Say you’re a 2024 voter deciding between Harris and Trump. Before you can decide, must you know who is donating to each campaign, name by name, and ponder those names before you can possibly. . . . No?

Last I checked, you can indeed assess views, character, programs, competence even without an exhaustive review of donor lists.

Meanwhile, donors, and donors to donors, often have a compelling interest in anonymity. Not because they’re ashamed of their political commitment but because they know that there are wackos out there ready to hound people because of what they believe in.

The insanos might even scrawl Nazi symbols on — or even set ablaze — their automobiles!

The people willing to be public punching bags? They are called candidates. Others may prefer to remain behind the scenes.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights insider corruption

The Biden’s Four Ways

Joe Biden, censorship, mind control, obey, obedience, free speech

In response to controversies about pandemics, elections, and whatnot, Congress did not quite pass — nor President Biden quite sign — a new law abridging the freedom of speech, or of the press. (As far as I know.)

Biden’s government did act, regardless, with the force of law to shut people up. According to the Media Research Center’s new report on Biden censorship — ready to be shared with all who contend that his administration perfectly respected our freedom of speech — the cabal I call The Biden censored Americans using four approaches:

Direct action. For example, ordering a big tech firm or a judge to censor somebody. White house advisors, agency bureaucrats, and others exerted this kind of pressure.

Policy or rulemaking. Examples include the State Department’s agreement with foreign nations “to pressure Tech platforms to censor more” and Homeland Security’s attempt to create a Disinformation Governance Board to police speech.

Partnerships with state and private actors to censor speech. Biden’s National Security Council collaborated with the UK’s Counter Disinformation Unit to impose UK censorship on Americans.

Grants to organizations to attack and flag utterance of incorrect speech, which the government could then censor.

These were effectuated, by MRC’s count, with 57 initiatives.

As soon as he began his second term, President Trump issued executive orders to combat such muzzling of debate. Congress must do its part too.

No matter what defenses are put in place, though, we will see further attempts by government goons to gag us. We must be vigilant.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights media and media people too much government

The Chirping Mockingbird

mockingbird, intelligence agency, mind control, media, press, speech, brainwashing

We are told that “there’s nothing to see” in the recent revelations about how USAID was subsidizing Politico. 

At Reason, Robby Soave pooh-poohed the story: “some critics of USAID have seized on a misleading claim: Namely, that the organization was funneling millions of dollars to Politico. In reality, it appears that government agents were paying for subscriptions to Politico‘s premium product. That may or may not be a worthwhile use of government funds (more on this in a moment), but at any rate, it does not represent some kind of direct subsidy to the news outlet.”

It could be, however, a subsidy with plausible deniability. 

The keyword may be: Mockingbird.

Remember the Church Committee investigations into the intel community, post-Nixon? One of the revelations was of Operation Mockingbird, which was (“allegedly”) the CIA training and subsidizing of — and coordinating stories to — scores (perhaps hundreds) of individual journalists. 

One of the many things we don’t know about Mockingbird is if it ever ended. But one thing we do know is that programs begun by one agency not irregularly get taken up by others.

And speaking of multiple agencies — with more than a dozen dedicated to intelligence, why is government paying the private sector for information?

For all their massive appropriations, the basic job of intel agencies to inform (not lie to) representatives, government executives, and functionaries appears to be one they’ve skimped on.

Meanwhile, USAID’s massive subsidies to New Zealand news outfits has somehow received little interest. “Last week, Wikileaks reported that 25 NZ mainstream media outlets were given funding from USAID,” explains The Daily Blog. “We need an immediate explanation from our Mainstream Media Owners if they changed any editorial stance that aligned us with America while taking this money.”

Inquiring minds should be skeptical of underplaying of these revelations. Don’t we need a wall of separation between press and state?

This is Common Sense. I’m Paul Jacob.

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First Amendment rights

Charges Aborted

Can people now report on controversial subjects without being targeted by California officials? 

At least for the next four years?

David Daleiden has announced on X that the charges against him and Sandra Merritt for reporting on Planned Parenthood’s alleged sale of the body parts of aborted fetuses have now been dropped. Daleiden’s no-contest plea, “which cannot be used adversely” against him, will be “entered into judgement as a misdemeanor . . . then converted into a ‘not guilty’ plea and dismissed.”

Why all the rigmarole instead of dismissing the charges fully and immediately?

Blame the sulking psyches of California poohbahs and jacks-in-office, who may have felt pressured to unload the case because of the regime change in Washington. It seems that President Trump nominated Harmeet Dhillon, who has represented Daleiden and Meritt, to help lead the Civil Rights Division of DOJ.

Charges of filming people without permission — in the kind of sting operation that still happens quite often without anybody getting arrested for it — had been brought against Daleiden and Merritt in 2017 by California’s attorney general at the time, Xavier Becerra. This prosecution was based on an investigation launched by one Kamala Harris.

The supposed crime was the recording, in 2015, of interviews with Planned Parenthood personnel by members of the anti-abortion group Center for Medical Progress. Daleiden is CMP’s founder.

Now, with the charges gone, Daleiden and CMP can focus on their work, which he describes as reporting on “the injustices of taxpayer-funded experiments on aborted babies.”

A work that their prosecutors obviously wished to forestall.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights

The January Sixers

January 6, prisoner, jail cell, pardon, insurrection

Among the reasons one might be glad Donald Trump won the presidency is the reprieve he has given to many who attended the January 6, 2021, rally in Washington, DC.

While it is true that some who were punished did engage in violence and riot,* many were peaceful but were imprisoned anyway, under horrific conditions. And even some who avoided imprisonment were treated atrociously.

Among the latter is former police officer Michael Daughtry, who recently told his story. A few of the details:

Invited by President Trump to go to the West Lawn to peacefully protest, Daughtry did so. There, “police officers removed the barricades and waved us onto the West Lawn.” The FBI later confiscated Daughtry’s video of this.

On January 16, he was charged with trespassing on the West Lawn.

Though he had been a police officer and had no criminal record, Daughtry was jailed for hours before being brought before a judge . . . “in handcuffs, leg irons and belly chains. . . .”

Even after he was released, his home was raided repeatedly.

He was forced to turn over passwords to email, social media, bank accounts and much other private information to federal agents, who threatened him with prison if he did not comply.

Daughtry was under house arrest “for almost two years for a crime that carries a maximum punishment of less than a year. I have not been allowed to plea in this case.”

More here.

Trump pardoned Daughtry for his non-crime. Would a President Harris have done so?

This is Common Sense. I’m Paul Jacob.

* Those who assaulted police officers or plotted to do violence on that day should not have been pardoned — even if deserving of mercy, commuted sentences, without wiping their record, would have sufficed.

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