Category: media and media people

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Accountability First Amendment rights folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government U.S. Constitution

Freedom “Weaponized”

free speech, First Amendment, censorship, freedom, liberty, rights, Justice Elena Kagan

Justice Elena Kagan has a way with words. The conservative majority on the court, she said after two recent rulings, is “weaponizing the First Amendment.”

What a phrase! But what does it mean?

“Conservative groups, borrowing and building on arguments developed by liberals,” explains The New York Times, “have used the First Amendment to justify unlimited campaign spending, discrimination against gay couples and attacks on the regulation of tobacco, pharmaceuticals and guns.”

First: if “liberals” now find themselves not supporting the idea of particular freedoms, or freedom in general, are they really “liberal”?

Second: “borrowing arguments” is what we expect to happen. Logic isn’t partisan.

Third: the point of the Bill of Rights is to “weaponize” the defense of freedom.

Remember, it is freedom of speech; freedom of the press; freedom of association; freedom of exercising one’s religion. The First Amendment weaponizes their defense by disallowing Congress from legislating against them.

Now, it has long been a “problem” that these listed freedoms blend together. They all work together or don’t work at all. And each points to freedom more broadly.

Kagan wants to read freedoms narrowly — though liberals historically have, indeed, read them broadly.

She’s objecting to two recent rulings. The first prohibits states from requiring pregnancy centers to talk up abortion options to their clients. An obvious free speech issue. The second prohibits governments from backing unions in their extraction of “agency fees” from non-members. An incontrovertible issue of freedom of association.

Kagan and The New York Times apparently think that “liberalism” means defending some freedoms in some contexts, but denying freedom in others.

This is Common Sense. I’m Paul Jacob.

 

 

Illustration by Newtown grafitti

 

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Accountability crime and punishment ideological culture media and media people moral hazard national politics & policies political challengers responsibility

Black Mask Terrorism

antifa, Portland, fascist, violence, Patriot Prayer group

I was in Arkansas on Saturday when the downtown streets of Portland, Oregon, “exploded into its worst protest violence of the Trump era,” as The Guardian explains. “More than 150 supporters of the far-right Patriot Prayer group fought pitched street battles with scores of anti-fascist protesters. In total, nine people were arrested.”

Notice that “Patriot Prayer” — a group sponsored by a Republican Senatorial candidate, and which says it stands for free speech — was labeled “far right” while the “anti-fascist protesters” were not called “far left.”

Characteristically, The Guardian vagues it up. “Violence suddenly ‘erupted,’” noted a Romanian YouTuber of the British rag’s evasiveness. “Who started it? We don’t know.”

Well, from the videos I saw it looked like the “anti-fascists” started it. The “patriots” were marching down the street when a young man, with helmet and backpack, and a young women, dressed in black, marshaled antifa mobs towards the legal march, and then stones and bottles were thrown, and explosives, too . . . into the Patriot Prayer rally.

Note: the Patriot Prayer group had filed the paperwork for the march; antifa had not. The Portland police did not protect the licensed marchers, but did revoke their license, telling everyone to disperse (threatening “duress” to the non-compliant) after the violence broke out.

If you did not carefully look at more than one video, you might be confused. Indeed, not all videos showed the crucial break from peace to violence.

So, what other clues might one look for?

In old cowboy movies, whoever ganged up masked, and wore black, were usually the bad guys.

Antifa — thanks for providing the clues: masks, black fighting gear, and Luciferian handsigns.

This is Common Sense. I’m Paul Jacob.

 

 

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Accountability crime and punishment general freedom ideological culture media and media people moral hazard national politics & policies responsibility

Eighty-sixing Civility

Had Sara Huckabee Sanders been asked to leave the Washington, DC, Red Hen, rather than the restaurant of that name in Lexington, Virginia, things might’ve turned out a bit different. In the nation’s capitol, it is illegal to discriminate against customers for reasons of political affiliation.

Out in Lexington? Not so much. One can “86” a politico there with impunity, I guess.

A Yelp reviewer defended the restaurateur’s request not to serve President Trump’s Press Secretary. “Thank you for refusing to serve a person who lies to the American people for a living.”

Wait — I thought that is what all Press Secretaries do: present the official lie. Be that as it may, or not, objecting to one Administration and not another implicitly endorses the policies and lies of the Administration not censured. And the grounds given in this Red Hen cluckery — that the Trump Administration is racist, etc. — might possess a tad more plausibility had the Obama Administration not engaged in policies startlingly similar to the ones Trump and Sanders are blamed for.

The “right to refuse service to anyone” may be a right retained by the people, but since the Ninth Amendment is a dead letter, and the federal government, at least, does not recognize such rights when the refused parties fall into certain “protected groups,” talking about it at length is probably a waste of time.

While the anti-Trump side of the current political-cultural divide seems resolute in denying a right to refuse to bake specialty cakes for gay couples, refusing to serve standard meals to political enemies is apparently copacetic.

Which can only mean: that democratically elected and appointed government officials are not the right “protected group” — which is odd, isn’t it, when those doing the discriminating call themselves “Democrats”?

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment general freedom government transparency individual achievement media and media people moral hazard national politics & policies privacy Snowden U.S. Constitution

Happy Birthday, Edward Snowden

Edward Snowden, birthday, surveillance, whistleblower, patriot, sacrifice, NSA

Edward Snowden turns 35 today and begins another year as a fugitive stuck in Russia.

Five years ago, he fled the country to Hong Kong, meeting with The Guardian’s Glenn Greenwald and documentary filmmaker Laura Poitras to discuss documents he had released showing illegal National Security Agency collection of our phone records, social media posts and mega other metadata.

It is not merely Snowden who calls the NSA’s programs unconstitutional, or me, but how a federal judge ruled.

Remember when James Clapper, President Obama’s Director of National Intelligence, wittingly misled Congress by claiming our private information was not being swept up, except “unwittingly.” We only know that Clapper fibbed because of what Snowden divulged.

“[T]he breaking point was seeing the Director of National Intelligence, James Clapper, directly lie under oath to Congress,” Snowden has explained. “There’s no saving an intelligence community that believes it can lie to the public and the legislators who need to be able to trust it and regulate its actions.”

Clapper is free, collecting his pension. Snowden has been indicted under the Espionage Act, which unconstitutionally limits his defense.

Snowden sure has paid for his courage. He was making very good money, and living with his girlfriend in Hawaii, when he decided he had a duty to alert us to our government’s lawlessness — at the cost of his livelihood, his future, his very life, perhaps.

While our leaders call him a traitor, I call him “friend.”*

Edward Snowden is a friend of every American who cherishes our Fourth Amendment right “to be secure in [our] persons, houses, papers, and effects, against unreasonable searches and seizures.”

Freedoms the government was secretly stomping upon.

It is time to bring him home.**

Ed Snowden, thank you for your service. Happy Birthday!

This is Common Sense. I’m Paul Jacob.

 

* I feel a connection to Mr. Snowden, and have an inkling of what it’s like to do what you believe is right and to find yourself wanted by the government, on the run, far from home.

** Snowden deserves a presidential pardon. But he has said he would even return to face prosecution, provided the charges did not preclude him from defending his actions in open court.

 

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Accountability crime and punishment general freedom ideological culture media and media people moral hazard nannyism national politics & policies privacy Regulating Protest Second Amendment rights U.S. Constitution

Brownells Defends Itself

YouTube, guns, gun control, censorship, 2nd Amendment, censor, ban, school shootings

I’m glad to be able to say this: Brownells has, present tense, a YouTube channel. Especially glad because, on June 9, Google had shut that channel down without warning or explanation.

Brownells is a family-owned supplier of firearms, firearm parts and accessories, gunsmithing tools, and emergency gear. Well-known and well-regarded by shooters, hobbyists and gunsmiths, the company has a website and a YouTube channel that serves as a “portal to everything shooting and hunting,” as Pete Brownell explains.

Brownells’ YouTube channel is substantial, with almost 1,800 instructional videos and some 71,000 subscribers. Patrons stress that there’s nothing outré, radical, or offensive about the offerings — unless you’re reflexively anti-Second Amendment, I guess.

We’ve got no smoking gun in the form of an explicit admission from Google. But we may plausibly suspect that the firm terminated this YouTube channel for ideological reasons. Perhaps Google shot from the hip here in reaction to the recent spate of school shootings, without pausing to properly distinguish between promoting responsible gun ownership and promoting murder.

We may also never know whether Google expected Brownells to meekly accept the arbitrary snuffing of a resource it had spent so much time and energy developing. In any case, Brownells used Twitter and other forums to urge supporters to call Google and object.

The self-defense paid off. On June 11, Google undeleted the channel. The protests against injustice must have been too many to ignore.

YouTube is no longer a mere platform for video sharing. It has taken political controversy and complaints as excuses to editorialize.

Were it a government, I’d say “censor.”

This is Common Sense. I’m Paul Jacob.

 

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Accountability education and schooling folly general freedom ideological culture local leaders media and media people moral hazard nannyism national politics & policies responsibility too much government

Demeritocracy

affirmative action, quota, college admissions, New York Mayor Bill de Blasio, racism, discrimination, reverse, justice, fairness

New York Mayor Bill de Blasio has a beef with Stuyvesant High School.

It’s about race, of course.

Stuy (as it is affectionately known) is a tuition-free accelerated academic/college prep program open to all city residents based on how well they perform on a specific test.

Unsurprisingly, Asians make up the bulk of the student body.

And de Blasio finds this horrific, a “monumental injustice” — there should be more Hispanic and black students, he says.

In front of black parishioners.

Demagoguery aside, the New York Mayor’s attack is really against the very idea of a meritocracy. The old Progressive vision was to pull from every ethnic group, economic strata, and community the best and brightest, allowing people to advance by study and hard work. Progressives called this “equality of opportunity”; most everybody else, “the American Dream.”

It was the Progressives’ pride and joy.

And today’s progressives are hell bent on destroying it.

They demand “diversity” instead — by which folks like de Blasio mean participation based not on talent and studiousness and sheer academic drive (which some cultures push more than others), but, instead, on today’s primary progressive obsession: skin color.

“My limited tolerance for affirmative action,” writes Richard Cohen in the Washington Post, addressing de Blasio’s excess, “possibly permissible when the poor are advantaged at the expense of the rich — hits a wall in this case.”

My tolerance for “affirmative action” hits the wall earlier: Help the poor afford to go where they can academically earn a spot. (Helping privately would be best.) But do not let race or any other demographic factor put a finger on the merit scale.

This is Common Sense. I’m Paul Jacob.

 

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Accountability general freedom ideological culture insider corruption media and media people property rights Regulating Protest

Ortega’s Got to Go

Daniel Ortega, Nicaragua, rebellion, atrocity, protest, violence

Sometimes “if it bleeds, it leads” fails us. Only a few news outlets have given much attention to Nicaragua’s ongoing atrocities.

Weeks ago, mothers of some of the 76 people, mainly students, already killed protesting despot Daniel Ortega, were leading a march demanding justice . . . “when gunmen opened fire on the crowd.” The Washington Post report continued, “Witnesses have accused police and their civilian allies of initiating the violence that left as many as 18 people dead and more than 200 wounded.”

The June 2 headline summed up the last seven weeks: “At least 100 killed in Nicaragua as political violence intensifies.”

But time and tyranny march on. “Every day they’re killing more people,” an attorney with the Nicaraguan Center for Human Rights told the Post. Friday, the group updated the death toll to 137.

Then on Saturday, the English-language Today Nicaragua informed that a 60-year-old man was cut down by a government sniper in Masaya, the former Sandinista stronghold, which is “now under almost total rebel control.”

What can we do?

We can educate ourselves on what’s happening — and pester more news organizations to cover Nicaragua.

We can learn from the experiences in Cuba, in Venezuela, and now in Nicaragua, that leaders seeking awesome powers to remake society to supposedly benefit the poor are ultimately batting zero in helping the poor. Instead, they’re busy at the plate for themselves.

And we can add our voices to Amnesty International’s condemnation of what it calls “the systematic ‘shoot-to-kill’ policy of President Ortega’s government.”

When governments open fire on peaceful protesters, it is past time for those governments to go.

This is Common Sense. I’m Paul Jacob.

 

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crime and punishment free trade & free markets general freedom ideological culture media and media people moral hazard national politics & policies privacy property rights responsibility U.S. Constitution

Wouldn’t Freedom Be … Easier?

cake, gay rights, Supreme Court, freedom of association, discrimination, law. nanny state

To bake or not to bake, that is the question.

Actually, the question was may a state discriminate against Christians in regulating “public accommodations”? The Supreme Court has decided, in a supermajority 7-2 ruling, that the Colorado Civil Rights Commission wrongly prosecuted a Christian baker who would not make a special wedding cake for a gay couple — while the Commission shrugged when it came to bakers who wouldn’t bake Bible verse cakes.

The ruling came down along the lines I suspected in December: Equal protection. This narrow ruling focused “on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips,” Fox News informs us.

In his majority opinion, Justice Anthony Kennedy censured the “Commission’s hostility” to Phillips. And Kennedy recognized the root problem, the “difficult questions as to the proper reconciliation of at least two principles”:

  1. “the authority of a State and its governmental entities to protect the rights and dignity of gay persons”;
  2. “fundamental freedoms under the First Amendment, as applied to the States through the Fourteenth Amendment.”

Ah, discrimination. Has picking at this, like a scab, really increased comity? It sure would be easier were we to stick to freedom of association.

Wouldn’t that dredge up less animus?

States should not engage in invidious discrimination. Sure. Vital.

But businesses? Must they serve anyone and everyone? Even when it requires the baker or florist to create something custom — or the pianist to perform? Especially when customers can easily go to a competitor?

Besides, in Colorado, anti-discrimination laws were used by government to persecute Christians.

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment folly free trade & free markets insider corruption media and media people moral hazard national politics & policies porkbarrel politics property rights responsibility too much government

Déjà vu All Over Again

housing, bust, financial, meltdown, Government-Backed Mortgages, jail, punishment, cause

One of the stand-bys of the post-2008 mortgage finance bust, at least from left-of-center policy mavens, has been to ask: why has no banker gone to prison? They played a game of fraud and got rich. What a protected class — Cronyism! Plutocracy! Capitalism!

The why is much easier to understand if you read up on Round Two of the aughts’ boom-bust scenario, as in Prashant Gopal’s coverage in Bloomberg, “Getting Rich on Government-Backed Mortgages.” Gopal spotlights a non-bank mortgage broker, Angelo Christian, who is making a killing selling houses to people with horrible credit, just as happened before 2008.

“Christian can do this kind of deal because he is, in effect, making the loan on behalf of the federal government through its most important affordable housing program,” Gopal writes. “It’s a sweet deal: He gets his nearly risk-free commission. [His client] puts no money down. If things go south, the government ultimately bears the risk.”

So, should he go to jail?

Not really. He’s merely doing Congress’s bidding.

Gopal notes that it is not banks that dominate this round. They are under too much scrutiny. But non-banking loan intermediaries like Mr. Christian are swarming like flies on a cow’s behind.

There’s a problem in Gopal’s account though. “No one is saying the system is close to another collapse.”

Well, plenty of people are saying that.

The Cassandras are just not being heeded.

Of course, they don’t know when the bust will happen.

They just know it will.

This is Common Sense. I’m Paul Jacob.

 

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Photo by Images Money on Flickr.

 

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Accountability crime and punishment folly general freedom ideological culture media and media people moral hazard nannyism privacy property rights responsibility tax policy too much government U.S. Constitution

Brave New Paternalism

Michael Bloomberg, tax, policy, nanny state, vice, social engineering, statist, technocrat

Michael Bloomberg is rich. He’s also in politics — a public health crusader.

And, for years, he “has personally funded and promoted all sorts of regressive taxes and regulations in an attempt to push people around,” the folks at Americans for Tax Reform tell us. “He uses the coercive power of the government to force people to live their lives as he sees fit.”

Onstage at a globalist event, One-on-One with Christine Lagarde — who is managing director of the International Monetary Fund — Bloomberg blurts out his approach to government policy regarding what he calls “those people.”

“If you raise taxes on full sugary drinks,” he says, “they will drink less and there’s just no question that full sugar drinks are one of the major contributors to obesity and obesity is one of the major contributors to heart disease and cancer and a variety of other things.”

Against the charge often made that such taxes fall heaviest upon the poor, he is forthright. Regressive? “That’s the good thing about them because the problem is in people that don’t have a lot of money.”

Notice that he is not talking about a public service campaign to help people learn how to drink (and eat) better. And he is not talking about removing all the government policies that have encouraged bad eating and drinking habits (as well as lethargy) — the government programs to encourage the overuse of high fructose corn syrup; the welfare state’s poverty trap that stifles life at the lower incomes; the subsidized consumption of food and drink — he wants to add another government program.

He can only see betterment by increased governmental bullying.

This is Common Sense. I’m Paul Jacob.

 

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Michael Bloomberg, tax, policy, nanny state, vice, social engineering, statist, technocrat

Photo by Center for American Progress