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general freedom ideological culture media and media people

X Lives Matter

I don’t usually comment on fashion. But at a recent show in Paris, this rather famous rapper who calls himself Ye but who used to call himself Kanye West sported newly designed black-and-white T-shirts with the slogan “White Lives Matter” on the back. Squarely in the territory of ideological fashion, I can comment without too much embarrassment.

There was some furor

It is unfashionable, politically, for anyone — even a black man, or especially a famous black man — to admit the obvious truth that “White Lives Matter.”

It appears that chic faux-lib’rals regard the slogan “Black Lives Matter” as some sort of trademark that precludes extension to other races. Only people of color may use an “X Lives Matter” kind of branding.

Idiotic. And racist. But ABC News laid out the case as if it were clearly established truth: “The [White Lives Matter] phrase has been described by the Anti-Defamation League and Southern Poverty Law Center as a white supremacist hate slogan that originated in 2015 as a racist response to the civil rights movement Black Lives Matter.”

And yet a statement like “White Lives Matter” or “Human Lives Matter” can only be hate speech if you think one usage defines words forever.

Which of course is precisely what some are trying to establish here.

Why? Well, the better to engage in angry, hateful ideological pseudo-discourse: shaming; marginalizing; de-humanizing.

Ye also posed with Candace Owens, a conservative commentator for The Daily Wire, wearing those shirts, and that, too, really annoyed people.

Not that it should. Ye was once married to a white woman, and Candace is married to a white man. They are making a commonsense point here: if you can’t say your spouse matters, what kind of spouse are you? And if you cannot extrapolate that mattering principle more generally, what kind of human are you?

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom government transparency political challengers

Pro Bono No Bueno

The twisty highways and byways of campaign finance regulation bring us to another strange pass.

The Texas Ethics Commission is considering whether to effectively ban pro bono legal work for candidates. The method? Mandate that such work be regarded as an in-kind contribution subject to campaign finance regulations. 

David Keating, president of the Institute for Free Speech, observes that most candidates “can’t afford to hire counsel and spend probably hundreds of thousands of dollars challenging the constitutionality of a law where the opinion may not come out until after the election. . . . Basically, the opinion would slam the courthouse door shut to candidates and most political committees.”

Campaign finance regulation has always meant curtailing speech and the activities that enable it and flow from it. This latest regulatory prospect is more of the same. As long as campaign finance regulation exists, there will always be obnoxious new ways to use it to hamper speech and action.

The commissioners, apparently seeing some merit in the pro-pro bono argument and therefore judging the issue at least worth mulling, have deferred their decision. It would have been far better to simply accept Keating’s objections and put an end to the proposed new crackdown then and there.

Meanwhile, Texans — especially potential candidates — must sit on the edge of their seats until the commission decides whether to make it prohibitively expensive to fend off unconstitutional assaults on candidates and campaigns. 

Not unlike the unconstitutional assault exemplified by campaign finance regulation itself.

This is Common Sense. I’m Paul Jacob.


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Accountability defense & war general freedom social media

Pentagon Personae

We think of Facebook and Twitter as platforms for you and me and our fellow citizens to share information and opinions and photos and just plain fun.

But our government agencies are also on those platforms, secretly as well as openly.

And not just for fun and games.

It’s a serious information war out there — with mis- and dis- elements, too — and Facebook and Twitter may be in over their heads.

“The takedowns in recent years by Twitter and Facebook of more than 150 bogus personas and media sites created in the United States,” wrote Ellen Nakashima in the Washington Post in mid-September, “was disclosed last month by internet researchers Graphika and the Stanford Internet Observatory. While the researchers did not attribute the sham accounts to the U.S. military, two officials familiar with the matter said that U.S. Central Command is among those whose activities are facing scrutiny.”

Ms. Nakashima’s report begins with the big news: “Colin Kahl, the undersecretary of defense for policy, last week instructed the military commands that engage in psychological operations online to provide a full accounting of their activities by next month,” and we are told of a “sweeping audit” to probe how the Pentagon “conducts clandestine information warfare.”

This is largely in response to Facebook and Twitter identifying and removing “fake accounts suspected of being run by the U.S. military in violation of the platforms’ rules.”

Social media companies took down actual U.S. military psy-op accounts. But it is worth noting that the report does not mention Facebook or Twitter taking down foreign equivalents, though that has happened in the past.

It might be time to reconsider all government activity in social media.

This is Common Sense. I’m Paul Jacob. 


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crime and punishment Fourth Amendment rights general freedom

Fourth Amendment Dead?

Unconstitutional actions are constitutional.

A federal judge doesn’t say so explicitly, but that’s what his ruling amounts to.

The case, which we discussed previously, involves U.S. Private Vaults, a Beverly Hills company that the Federal Bureau of Investigation raided last year. The company has been fined $1.1 million for money laundering because it let dealers anonymously keep cash in its safe deposit boxes.

Judge Gary Klausner concedes that the FBI lied to obtain a warrant, planning to seize the property of all boxholders whether or not there was any evidence of a crime against a given boxholder. And to this day, “specific criminal conduct has not been alleged against customers.” Nevertheless, Klausner ruled that despite the lie, it was constitutional for the FBI to grab the boxes’ contents.

Of course, if the warrant authorizing the FBI to ignore Fourth Amendment protections against unreasonable searches and seizures had been honestly solicited, that still would not have transmuted unconstitutional actions into constitutional ones.

“The court does not deny that the government had an improper motive when it applied for its warrant,” observes Rob Johnson, an attorney with the Institute for Justice, which is representing the boxholders.

“But it says that fact is irrelevant unless the improper investigatory motive was the only reason that the Government opened the safety deposit boxes. . . . If today’s shocking decision stands, it will set a dangerous precedent that will allow the FBI and other law enforcement agencies to bypass the Fourth Amendment.”

Thankfully, the Institute for Justice doesn’t regard the case as closed. It will appeal.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom international affairs paternalism too much government

Deadly Dress Code

Iranian women are again out in the streets protesting the brutality of the regime.

We can only hope that their efforts will bear fruit — or, if we’re Elon Musk, we can also provide protesters with Internet service via Starlink satellite, now that the Iranian government has blocked the Internet in much of the country.

The immediate spark was the death of 22-year-old Mahsa Amini.

On September 13, Mahsa was arrested by Iran’s morality police for incorrectly wearing the hijab, the traditional head covering mandatory for Iranian women since 1979. Some of her hair showed.

According to witnesses, the police beat Mahsa in the police van; the police deny it.

Within hours of being detained, Mahsa was hospitalized and in a coma. She soon died. The police not very plausibly claimed that she had a heart attack. All a terrible coincidence. The family says that Mahsa had no health problems before being detained.

The immoral morality police were obeying the country’s new president, Ebrahim Raisi, who on August 15 decreed that the nation’s dress code be more strictly enforced.

The protests — in which women have been burning their hijabs, cutting their hair, and shouting “Death to the oppressor!” — are ongoing and nationwide, and have spread to other countries. 

At least thirty protesters have been killed.

In the words of the New Yorker’s Robin Wright, Mahsa’s death “lit the fuse of long-smoldering dissent in Iran,” and its people have taken to the streets before.

Godspeed this time.

This is Common Sense. I’m Paul Jacob.


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folly general freedom ideological culture national politics & policies too much government

The Energy Trap

After the spectacular failures of the COVID response, “the experts” appear to be on a roll. That is, they are once again not “following the science” but being led by politics, ideology, and the madness of crowds.

The big issues right now demonstrating mass folly on a societal level? Aside from agriculture policy, trade, subsidy, banking and high finance, and “climate change,” the big one — not unrelated to most of the rest — is the power grid.

About which our leaders seem to be nuts.

What we know is the supply of “renewable energy” is nowhere near enough to meet the general demand for energy. California’s a great example, announcing “the end of fossil fuel-powered car sales by 2035” but sporting a power grid that is already unable to handle demand, which became bitterly funny when the Golden State asked citizens not to charge their electric cars during high-demand hot days.

US Power Grid Needs Trillions in Upgrades to Accommodate Renewable Energy Demands,” reads a recent Epoch Times feature.

Trillions.

It’s not as if America is rolling, like Uncle Scrooge, in trillion-dollar surpluses. As I type these words, the US Debt Clock shows the federal government quickly approaching $31 trillion in public debt.

So now we’ll need more trillions to keep the lights on?

Yes.

Our lives depend on electrical energy, our civilization runs on electricity, but our leaders have been painting us into a corner. Bad policies that hobble efficient fuel sources and pushing inefficient sources have set a trap.

And the only real way out of the trap is one politicians don’t like: admitting they were wrong and reversing their policies.

This is Common Sense. I’m Paul Jacob.


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A Thousand Times Yes

“Yes,” President Joe Biden stated unequivocally in answer to an October 2021 CNN townhall question on whether he would “vow to protect Taiwan.” Biden repeated that “yes” three more times in his full reply.

Months earlier, this president spoke of democratic Taiwan as one of our key allies that we have a “sacred commitment” to defend. 

“Yes,” Mr. Biden emphatically informed a reporter back in May of this year who inquired, “Are you willing to get involved militarily to defend Taiwan if it comes to that?”

Last Sunday on 60 Minutes, correspondent Scott Pelley asked President Biden point-blank: “Would US forces defend the island?”

Again, the president replied, “Yes.”

“So unlike Ukraine, to be clear, sir, U.S. forces — U.S. men and women — would defend Taiwan in the event of a Chinese invasion?” Pelley followed up.

“Yes,” answered Biden.

Handlers-R-Us at The White House have walked back each and every one of these statements by the commander-in-chief to maintain the charade of “strategic ambiguity” — the U.S. strategy of not saying quite how we will respond to a Chinese invasion of Taiwan. A thoroughly silly policy.

And — come’on man! — the cat is out of the bag! Mr. Biden’s statements, as Aaron Blake wrote in The Washington Post, amount to “firmly committing to send troops to defend Taiwan if China invades.”

I hope the United States and other countries will stand — militarily — with Taiwan, and thereby prevent the Beijing bullies from snuffing out the freedom of 24 million free Taiwanese. 

Strength and unity and clarity of purpose are our best weapons against war.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom national politics & policies Second Amendment rights

The Indicted Have Gun Rights

The idea that those who are indicted for a serious crime may not buy a gun, is, I think, what many in America might think of as “common sense gun control.”

But it isn’t, for it rubs against the grain of the American legal tradition.

The pseudo-commonsense view appears nonsensical when boldly defended by the U.S. attorney’s office, which, The Texas Tribune informs us, argued that a “law to prohibit those under felony indictment from obtaining guns does not interfere with the Second Amendment ‘because it does not disarm felony indictees who already had guns and does not prohibit possession or public carry.’”

That argument boils down to this: if you retain some relevant gun rights, others may be taken away. 

Compare it to free speech: if the government allows you to talk freely with your family, its regulation of your conversations with neighbors is hunky-dory!

“The Second Amendment has always allowed laws restricting the gun rights of groups viewed by legislatures as posing a public-safety risk,” the prosecution elucidated, “including those accused but not convicted of wrongdoing.”

But U.S. District Judge David Counts, introduced in every account of this I’ve read so far as “appointed by former President Donald Trump” — so that must be important, eh? — denies this. He found no historical precedent for disallowing the accused and indicted from buying firearms.

Therefore, based on the recent Supreme Court decision,* Judge Countssays the government has no case. It’s still innocent until proven guilty.

That is, governments may not “take away” our rights until convicted of a specific crime, punishment for which is loss of liberty.

This is Common Sense. I’m Paul Jacob.


* That U.S. Supreme Court case is New York State Rifle & Pistol Assoc. v. Bruen.

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crime and punishment education and schooling First Amendment rights folly general freedom

Freedom of Disassociation?

Groucho Marx famously quipped that he wouldn’t want to join any club that would have him as a member. Some people take this hankering to an extreme: they want to force every group averse to their membership to accept them.

Keywords: forced inclusion. The current political rage — thought to be a “right.”

Now, Yeshiva University, which calls itself “the world’s premier Torah-based institution of higher education,” does not accept homosexuality. It’s against the Law.

And by “the Law” they mean: the ancient Jewish scriptures.

For those of us who are neither Jewish nor gay, we might look upon both groups as “clubs.”  And being in neither, we might just shrug; we aren’t going to be accepted in the either ranks and that’s just fine.

But some students at Yeshiva University tried to form an LGBT group on campus. The university resisted, the case went to court, and a court ordered the university to accept the group. And then last week, the Supreme Court refused to order a stay on the lower court’s order.

In reaction, Yeshiva University has suspended all campus club activities.

“Every faith-based university in the country has the right to work with its students, including its LGBTQ students, to establish the clubs, places and spaces that fit within its faith tradition,” the university’s president proclaimed. “Yeshiva University simply seeks that same right of self-determination.”

Since the right to “freedom of association” is part of the Bill of Rights, one might think this would be non-controversial in America. And settled law. 

But one would be wrong. On both counts. 

This is Common Sense. I’m Paul Jacob.


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Accountability First Amendment rights general freedom social media

Facebook, the FBI’s Snitch

All we have is the word of Department of Justice whistleblowers.

They told the New York Post that over the last 19 months, Facebook has been cooperating with the FBI to spy on “private” messages of users “outside the legal process and without probable cause.”

The targets were gun enthusiasts and those who questioned 2020’s election results.

“They [Facebook and the FBI] were looking for conservative right-wing individuals. None were Antifa types.”

According to the whistleblowers, Facebook flagged allegedly subversive private messages and sent them to the FBI to be studied by agents specializing in domestic terrorism.

Facebook provided the FBI “with private conversations which are protected by the First Amendment without any subpoena.” Subpoenas were then issued to obtain the conversations that Facebook had already revealed to the FBI.

According to one DOJ source: “As soon as a subpoena was requested, within an hour, Facebook sent back gigabytes of data and photos. It was ready to go. They were just waiting for that legal process so they could send it.”

Facebook has issued a denial. The FBI has issued a non-denial denial.

The allegations might seem very implausible but for the fact that as the November election approaches, the DOJ has been openly targeting Trump allies for claiming “that the vice president and/or president of the Senate had the authority to reject or choose not to count presidential electors.”

In short, for talking out of turn.

This is Common Sense. I’m Paul Jacob.


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