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First Amendment rights Internet controversy social media

Memester to the Pokey

It was a joke. For which he’s been sent to prison.

A political joke online.

Admittedly, it wasn’t very funny. It certainly wasn’t new. That is, the general idea has been floating around for as long as there have been ballot boxes. 

The ur-form of the joke is “Hey, [political opponent], why don’t you deposit that ballot right here in this handy receptacle [trash can]?”

The specific joke that got Douglass Mackey into big trouble sported an image of a smiling black woman in front of a white-on-blue “African Americans for Hillary/President” sign, along with the message: “Avoid the line. Vote from home. ¶ Text ‘Hillary’ to 59925 ¶ Vote for Hillary and be a part of history.”

It arguably flirted with dirty tricks of the sort honest people don’t engage in. But a lot of partisans do that sort of thing, not just Mr. Mackey, who posted the joke to his now-defunct “Ricky Vaughn” Twitter account. A better version of the joke about the same time was not only never prosecuted, the link to it’s still on Twitter (X). It just so happens, however, to have been made by a Democrat . . . against Trump voters.

Trolls flirting with Dirty Trick status are not criminals; there is the First Amendment. But what Mackey was successfully prosecuted for (he was sentenced last week to seven months) was “Election Interference.”

Tellingly, ZERO is the number of voters stepping up to testify that they were tricked into texting 59925 and then not voting by his lame meme. If there were any, they might understandably be too humiliated to bear witness.

Curiously, the law he violated does not mention misinforming a person as a criterion for criminality.

A country that selectively prosecutes this sort of thing — can it be said to be free?

This is Common Sense. I’m Paul Jacob.


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A Simulacrum of Solace

If you had thought about it at all, you may likely have hoped that artificial intelligence’s spread of popularity this last year would halt its “viral” spread short of politics. In a June 25 New York Times article, Tiffany Hsu and Steven Lee Myers dash your hopes.

Regular readers of this column are familiar with one use of AI: images constructed to arrest your attention and ease you into an old-fashioned presentation of news and opinion, written without benefit of AI. 

But our images are obviously fictional, fanciful — caricatures. 

One advantage of AI-made images is that they are not copyrighted. Using them reduces expenses, and they look pretty good — though sometimes they are a bit “off,” as in the case of a Toronto mayoral candidate’s use of “a synthetic portrait of a seated woman with two arms crossed and a third arm touching her chin.”

But don’t dismiss it because it’s Canada. Examples in the article include New Zealand and Chicago and . . . the Republican National Committee, the DeSantis campaign, and the Democratic Party. 

Indeed, the Democrats produced fund-raising efforts “drafted by artificial intelligence in the spring — and found that they were often more effective at encouraging engagement and donations than copy written entirely by humans.”

Yet, here we are not dealing with fakery except maybe in some philosophical sense. Think of it as the true miracle of artificial intelligence, where heuristics grab the “wisdom of crowds” and apply it almost instantaneously to specific rhetorical requirements. Astounding.

There’s a lot of talk about regulating and even prohibiting AI — in as well as out of politics. After all, science fictional scenarios featuring AI becoming sentient and attacking the human race precede The Terminator franchise by decades. 

I see no way of putting the genie back in the bottle. 

The AI will only get better, and if outlawed will go underground. It would be a lot like gun control, only outlaws would have AI.

We cannot leave deep fakery to the Deep State.

This is Common Sense. I’m Paul Jacob.


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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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Dys Glitch

After some technical glitches in livestreaming Florida Governor Ron DeSantis’s announcement of his presidential run, the snide tweets poured in.

“‘This link works,’ Biden posted on his Twitter account,” The Epoch Times attempted to regale us, “sharing a link to a donation page for his campaign as the DeSantis team and Twitter owner Elon Musk struggled to resolve the glitches plaguing their scheduled Twitter Spaces interview.” 

But the worst was also from The Biden — nobody believes that Joe himself is in charge of his own Twitter account — in which a few “positions” of DeSantis received mockery, leading popular YouTuber/Rumblist Viva Frei to respond with “Is this really the best you could piece together? You couldn’t fragment the sentences more if you tried. Pathetic.”

And that’s really where we’re at. Newscasters and the Twitterati made much of the Twitter Space glitch, but not even Donald Trump, Jr., with his hashtag “#DeSaster,” did much more than weakly echo his father’s heyday on Twitter.

This is not 2016. 

Everybody seems tired.

There are a number of challengers, already, in the running to oust feeble Joe Biden. Donald Trump himself, of course, and now Ron DeSantis, whom we are told runs a distant second to the former president. Neither man seems likely to reach beyond the conservative half of the electorate. Only Robert F. Kennedy, Jr., a Democrat, offers much “newness,” and he’s afflicted by a hard-to-listen-to cracked voice: spasmodic dysphonia, “a specific form of an involuntary movement disorder called dystonia that affects only the voice box.”

Metaphor for the race so far? There’s a lot of “dys” in the tone of our times, but it’s just not very profound. If the future weren’t at stake, one wouldn’t even bring it up.

This is Common Sense. I’m Paul Jacob.


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Whose Brains Fell Out?

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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Censored Under Pressure

Journalist Alex Berenson is suing members of the Biden administration — and others, inluding Pfizer officers — for pressuring Twitter to ban him for what he wrote about the COVID-19 vaccines.

The best-known of his heretical tweets says, “It doesn’t stop infection. Or transmission. And we want to mandate it? Insanity.”

In the months since August 2021, when Twitter expelled him “for repeated violations of our COVID-19 misinformation rules,” such hardly intemperate observations have become less controversial. Vaccine proponents have retreated, typically claiming, at most, that the putative vaccines reduce the risk of severe illness and death.

Berenson first sued Twitter to challenge its ban. The suit succeeded; eleven months after Twitter banned him, it reinstated his account.

But Twitter had not been acting independently; it had succumbed to a lengthy campaign by the Biden administration to censor Berenson. Any such actions by government officials are, of course, unconstitutional.

The defendants in Berenson’s new lawsuit include President Biden, Surgeon General Vivek Murthy, Director of Digital Strategy Rob Flaherty, and former White House official Andrew Slavitt (“at the center of the conspiracy”). Two Pfizer officers are also named: board member Scott Gottlieb and CEO Albert Bourla.

Berenson’s detailed complaint alleges that “after months of public and secret pressure, Defendants succeeded” in getting Twitter to ban him.

The private pressure is attested by internal documents released by Twitter and government documents produced during the course of Missouri and Louisiana’s lawsuit against censorship by the Biden administration.

In defending his rights, Alex Berenson is helping us all retrieve freedoms we lost in the pandemic panic.

This is Common Sense. I’m Paul Jacob.


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NPR’s Wide Stance

When the term “the Deep State” entered our vocabulary, establishmentarians and insiders were annoyed. They argued the term was meaningless or vague or designated something that did not exist. 

The rest of us accepted the term to identify the parts of the administrative state — coupled with the military-industrial complex’s corporations — that keep big secrets and act mostly independently of our democratic-republican institutions, including those who work behind the scenes to effect policy and mold public opinion.

The Deep State is all-too-real.

Now that National Public Radio has been dubbed “state-affiliated media” by Elon Musk’s Twitter, it may be time to add a new term to our lexicon: the Wide State.

“It was unclear why Twitter made the move,” writes David Bauder of the AP. “Twitter’s owner, Elon Musk, quoted a definition of state-affiliated media in the company’s guidelines as ‘outlets where the state exercises control over editorial content through financial resources, direct or indirect political pressures, and/or control over production and distribution.’”

When NPR objected on Twitter, Musk tweeted back: “Seems accurate.” 

But, but, but, they sputter: only 1 percent of NPR’s budget is from the federal government, and the organization has a well-established editorial independence!

Well, as the power of the Deep State has shown, directorial independence does not really constitute a non-state nature. 

It’s obvious that many “private” institutions do exert immense political and governmental power: corporations through regulatory capture; news media through rank partisanship; all organizations that express eagerness to (and have demonstrated repeated instances of) collaborating with partisans in power. 

These constitute the Wide State. 

Of which NPR is a part.

Besides, if NPR lives “only” with a single percentage-point subsidy, why not cut the umbilical cord and prove its independence? 

And get Twitter to change the label.

This is Common Sense. I’m Paul Jacob.


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Too Funny or Too On-Target?

Since nobody has noticed or documented a Google policy of banning YouTube videos that are too funny, let’s go with “too on-target” as the reason that Google deleted a popular YouTube channel, the RutersXiaoFanQi channel, devoted to satirically slapping China autocrat Xi Jinping.

Some of RutersXiaoFanQi’s videos survive in lesser-known YouTube channels. (Here is one. Here is another.) The approach of the videos seems to be to keep throwing stuff at the wall and seeing what sticks. Apparently, the ratio of sticking to falling flat was too high for Xi and Google.

Unfair to Google? Maybe. We don’t know what happened behind the scenes.

Did Google just automatically delete the channel after having received a certain number of complaints about copyright violations from Xi’s offices? Or did Google honchos sit around an oak conference table, mull all the variables, and solemnly conclude “We simply must appease the Xi regime!”?

YouTube did not respond to an inquiry from Radio Free Asia about the matter. But RutersXiaoFanQi had received a notice stating that “Your YouTube account has been shut down following repeated copyright warnings,” presumably pertaining to music used in the videos.

It is unlikely, though, that various owners of whatever tunes the channel used bothered to lodge any complaints. It is much more likely that, as RFA speculates, the censors of Xi’s regime are exploiting YouTube’s system for reporting copyright infringements. 

And that Google’s YouTube is taking the easy way out.

This is Common Sense. I’m Paul Jacob.


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Court Invokes First Amendment

This is where we’re at. We must be in suspense about whether a judge will object when governments act to repress speech in the name of combatting “misinformation,” “disinformation,” or “hate speech.”

Fortunately, Judge Andrew Carter sees the obvious and has blocked a new New York State law to regulate “hateful” online speech. The law was challenged by anti-censorship video platform Rumble and the Foundation for Individual Rights and Expression.

Carter says: “The First Amendment protects from state regulation speech that may be deemed ‘hateful,’ and generally disfavors regulation of speech based on its content unless it is narrowly tailored to serve a compelling governmental interest.”

The alleged “compelling governmental interest” exception is vague and not really consistent with the First Amendment. But the judge otherwise makes sense.

Laws like New York’s constitute a cart blanche for government to repress speech — any speech.

Any controversial words can be labeled hateful, misinformative, disinformative. People have been censored for asseverating that there are only two sexes, that the COVID-19 injections aren’t really vaccines, that the U.S. shouldn’t send more than $100 bazillion to Ukraine, etc.

It’s hatefully misinformative disinformation to proclaim that debates about such questions are impermissible. But people in any case have a right to be wrong; others, the right to refute them.

When the truth is on your side, you have an advantage. But you can’t beam your understanding into the minds of others.

You must be free to speak.

This is Common Sense. I’m Paul Jacob.


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Regulatory Miasma

Rumors can fly fast. And the Internet not only aids in their spread, but can make even false rumors seem worthwhile.

The gas stove ban rumor, which spurred so many hilarious “memes,” is a case in point.

It appears to have started with a letter from Senator Corey Booker (D-NJ) and Representative Donald S. Beyer, Jr., to the chair of the U.S. Consumer Product Safety Commission about the risks associated with gas stoves per “indoor air pollution.” According to Rep. Beyer’s defensive tweet, which cleverly enough uses the buzzword “gaslighting,” such risks even include “childhood asthma,” though the word “asthma” does not appear in the politicians’ original letter.

What does appear is extra concern for the “cumulative burden to households that are already more likely to face higher exposure to both indoor and outdoor air pollution” — i.e., “Black, Latino, and low income households.”

Booker and Beyer did not quite suggest a ban; their concern was for more research and regulation. But on Monday, Bloomberg quoted the word “ban” from the lips of a government bureaucrat: “‘This is a hidden hazard,’ Richard Trumka Jr., an agency commissioner, said in an interview. ‘Any option is on the table. Products that can’t be made safe can be banned.’”

But that’s all very . . . iffy. More directly, and fueling the reaction, the Governor of the State of New York did propose a ban

Which all goes to show that the “over” in over-reaction can deflate pretty fast, down to a perfectly apt response, at the speed of . . . memes.

This is Common Sense. I’m Paul Jacob.


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