Category: First Amendment rights

Censors Cancelled

The verb is “enjoin.”

In a July 4 preliminary injunction, Judge Terry Doughty has enjoined federal officials from communicating with social-media companies except on matters pertaining to criminality or threats to national security.

“The Plaintiffs are likely to succeed on the merits in establishing that the Government has used its power to silence the opposition,” explains Doughty. The government “seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”

For a few years now, government officials have asked social-media personnel to censor speech on topics like the pandemic, elections, and laptops dropped off by Hunter Biden, speech that officials want to suppress only because they disagree with it or find it inconvenient. Politically.

A lawsuit brought by Missouri and Louisiana argues that federal officials pressured and colluded with social-media companies to block speech protected by the First Amendment.

Some critics of this and other lawsuits — and of more non-formal objections to the government’s conduct — say that what has been exposed in documents brought to light during litigation, and in the Twitter files, cannot be called governmentally instigated censorship at all.

What’s really going on, they burble, is nothing more than persons working for the FBI, the CDC, the White House, and other such government-force-backed entities idly wondering — in incidental and nonbinding casual conversation, mind you — whether the social-media company they’re just happening to hobnob with could come down like a ton of bricks on the accounts of persons saying things that government officials disapprove. No big deal.

Not the most plausible pseudo-exculpation I’ve ever heard.

The relevant adjective? “Guilty.”

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom judiciary

High Court Too Busy

California, gig, contractor, speech, censorship

What is the U.S. SupremeCourt thinking by refusing even to listen to arguments about the effects of California’s AB5 law, which effectively outlaws certain kinds of freelancing and gig work, on the right to speak out and petition in California?

The case is Mobilize the Message, LLC v. Bona. Plaintiffs were challenging the constitutionality of AB5 because it bans independent contractors from doing door-to-door canvassing for candidates or initiative campaigns yet allows independent contractors to do the same kind of work if they’re doing it as newspaper carriers or salesmen.

Of course, if AB5 were completely consistent in its assault on independent contractors, that wouldn’t make it any less injurious to political work and freedom of speech. But the separate and unequal provisions of the act do mean that political workers are being forced to abide by different rules than certain nonpolitical contractors.

That’s not right, not just.

As the Institute for Free Speech puts it, “The only distinguishing feature separating the two [kinds of contractors] is the content of the speech they are paid to promote, a distinction that is presumptively unconstitutional under the First Amendment.”

Lead counsel for the plaintiffs, Alan Gura, says that the Court’s decision will “price political speech beyond the reach of many citizens.”

What’s the deal, are the justices too busy?

We’re all busy.

On the other hand, they have a job. A lot of folks in California could use one, too.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights ideological culture Internet controversy social media

Google Can’t Have That

Over the last several years, one has put one’s YouTube speech at risk by addressing such verboten or intermittently suppressed topics as pandemic policy, vaccine efficacy, origin of the COVID-19 virus, “climate change” (are winter, summer, and all natural disasters really caused by carbon footprints? inquiring minds want to know!), 2020 election fraud, and whatever else inspires post-Enlightenment institutional censors to clatter into action.

Because of the emails and other documents that have come to light in various lawsuits, we now know for sure that social-media companies have not been censoring independently.

They’ve been in cahoots with government agencies — agencies eager to find corporate workarounds to the First Amendment.

A recent target of Google’s YouTube? Robert F. Kennedy, Jr.

Running for president as a Democrat in competition with the alleged incumbent, Joe Biden, this son of assassinated 1968 Democratic presidential candidate Bobby Kennedy is disturbing the serene pools of so-called thought that constitute Acceptable Opinion and Settled Science.

I often disagree with Kennedy. But I feel that he isn’t just feeding me B.S.; he actually believes stuff.

He may be mostly wrong, but I prefer that to mostly crooked.

Google has just deleted another Kennedy video, one in which he converses with Canadian psychologist Jordan Peterson about climate change, COVID-19, and a possible link between exposure to chemicals and sexual dysphoria.

This last musing seems dubious. But, whatever, let the guy talk. Except — hold on — isn’t RFK Jr. causing Joe Biden a lot of political trouble?

Can’t have that.

Or, anyway, Google can’t have that.

Or whichever Biden administration officials are directing Google (or vice versa) can’t have that.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom judiciary too much government

Hollowed-Out America

While Supreme Court Justice Neil Gorsuch’s comments in Arizona v. Mayorkas are worth studying in full — the case is about immigration — his thoughts on the late pandemic panic stand out.

“Since March 2020,” Justice Gorsuch writes, “we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country. Executive officials across the country issued emergency decrees on a breathtaking scale. Governors and local leaders imposed lockdown orders forcing people to remain in their homes,” and the judge goes through a long list of decrees, including:

Closing churches but not casinos
Threatening violators with both civil penalties and criminal sanctions
Surveilling church parking lots, recording license plates, and issuing warnings against attending even outdoor services.

And he adds that the federal government got in on the tyrannies.

“Fear and the desire for safety are powerful forces,” he notes. “They can lead to a clamor for action — almost any action — as long as someone does something to address a perceived threat.” Gorsuch acknowledges this is not exactly a revelation: “Even the ancients warned that democracies can degenerate toward autocracy in the face of fear.”

There is a deeper problem, though, for the “concentration of power in the hands of so few may be efficient and sometimes popular. But it does not tend toward sound government.”

All the way through the pandemic, and even now, we have been barraged by messages about “misinformation and disinformation” about the disease and the treatments (proactive and reactive) against it. And the people in power — bureaucrats as well as politicians — were called “experts” while actual experts (along with earnest amateurs) were hounded, their ideas suppressed.

Now we know that much of what was then held as good information was in error, even lies.

Very unsound governance: Gorsuch characterizes it “a shell of a democracy.”

“Hollow.”

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom ideological culture

No Laughing Matter

Without freedom of speech, the jester’s art can be perilous.

Chinese comedian Li Haoshi, who performs under the name House, recently did stand-up comedy at a Beijing club, after which, reports Reuters, “an audience member posted online a description of a joke he had made . . . describing it as demeaning to China’s People’s Liberation Army (PLA).”

That went viral on Chinese social media.

“In the joke,” Reuters explains, “Li recounted seeing two stray dogs he had adopted chase a squirrel and said it had reminded him of the phrase ‘have a good work style, be able to fight and win battles,’ a slogan Chinese President Xi Jinping used in 2013 to praise the PLA’s work ethic.”

Not exactly a ripsnorter, it is hardly biting satire, either — after all, Li steered clear of any mention of Winnie the Pooh.

But no matter. Next thing the funny man’s employer knew, “China’s Ministry of Culture and Tourism Bureau said it would fine Shanghai Xiaoguo Culture Media Co 13.35 million yuan and confiscate 1.35 million yuan in ‘illegal gains’ from the firm.”

That’s a cool $2 million U.S. for the ever-so specific crime of “harming society.”

“In response to the fine, Xiaoguo Culture . . . said it had terminated Li’s contract,” and, for good measure if you are a totalitarian, Reuters adds that “Weibo appears to have banned him from posting to his account there.”

“We will never allow any company or individual [to] use the Chinese capital as a stage to wantonly slander the glorious image of the PLA,” declared China’s cultural ministry.

Suffice it to say, China isn’t currently known for its comedy.

And won’t be until more people perform their own stand-up act.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights Internet controversy social media

Whose Brains Fell Out?

Elon Musk, Turkey, democracy, censorship, freedom, ethics

Just before the Turkish presidential election, the Turkish government ordered Twitter to block content that its strongman incumbent apparently found inconvenient. (The election isn’t over; a runoff is scheduled for May 28.)

We don’t know what Twitter was told to censor. All we know is that, although now guided by the somewhat pro-free-speech policies of Elon Musk, Twitter complied, saying it did so “to ensure Twitter remains available to the people of Turkey. . . .”

Journalist Matthew Yglesias tweeted that Twitter’s compliance “should generate some interesting Twitter Files reporting.” This is an allusion to internal Twitter communications released by Musk showing how readily and frequently pre-Musk Twitter censored dissenting speech at the behest of U.S. government officials.

The jibe got under Musk’s skin. “Did your brain fall out of your head, Yglesias?” Musk counter-tweeted. “The choice is have Twitter throttled in its entirety [in Turkey] or limit access to some tweets.”

But Twitter doesn’t control Turkish policies. It only controls its own policies.

Had Twitter refused and then, in turn, been throttled in Turkey, every Twitter user there would have known about the censorship by their government. Some might have protested. But only a few people in Turkey will know about the Twitter-abetted censorship.

Musk has in effect announced that Twitter will censor anything governments want if only a government willing to block Twitter does the asking. And what tyrants do is up to them.

Whether we cooperate with their tyranny when we have the means to resist?

That is up to us.

This is Common Sense. I’m Paul Jacob.

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