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First Amendment rights judiciary social media

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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Thought

Albert Einstein

Highly esteemed Mrs. Curie,
Do not laugh at me for writing you without having anything sensible to say. But I am so enraged by the base manner in which the public is presently daring to concern itself with you that I absolutely must give vent to this feeling. However, I am convinced that you consistently despise this rabble, whether it obsequiously lavishes respect on you or whether it attempts to satiate its lust for sensationalism! I am impelled to tell you how much I have come to admire your intellect, your drive, and your honesty, and that I consider myself lucky to have made your personal acquaintance in Brussels. Anyone who does not number among these reptiles is certainly happy, now as before, that we have such personages among us as you, and Langevin too, real people with whom one feels privileged to be in contact. If the rabble continues to occupy itself with you, then simply don’t read that hogwash, but rather leave it to the reptile for whom it has been fabricated.

With most amicable regards to you, Langevin, and Perrin, yours very truly,

[signed] A. Einstein

Albert Einstein, letter to Marie Curie (November 23, 1911).

Categories
Today

Tyranny?

July 6 serves better as a “Today in Tyranny” marker than anything positive, at least when you consider these events:

  • 1415 – Jan Hus was burnt at the stake.
  • 1535 – Sir Thomas More was executed for treason against King Henry VIII of England.
  • 1887 – David Kalakaua, monarch of the Kingdom of Hawaii, was forced at gunpoint by Americans to sign the Bayonet Constitution giving Americans more power in Hawaii while stripping Hawaiian citizens of their rights.
  • 1939 – The Nazi “Third Reich” closed the last remaining Jewish enterprises in Germany.
Categories
international affairs media and media people

China’s Many Rushdies

Since when do police place bounties on the heads of former residents who have committed no crime?

Since just now. 

But it depends on how you define “crime.”

For me, to be guilty of a crime you must have committed an objectively definable, willful violation of the rights of others — fraud, robbery, kidnapping, torture, rape, murder. Speech criticizing the crimes of a crime-committing government cannot count as “crime.” To pretend otherwise would be an abuse and usurpation of proper standards of thought.

But the dictatorial Chinese regime is unbound by such considerations.

On July 3, the Hong Kong police, mere lackeys of the mainland government, placed bounties of one million Hong Kong dollars (about $128,000 USD) on the heads of eight pro-democracy dissidents no longer living in Hong Kong.

“We’re absolutely not staging any show or spreading terror,” says top HK police official Steve Li. “We’re enforcing the law.” Oh.

CNN notes that “many of the activists have continued to speak out against what they say is Beijing’s crackdown on their home city’s freedoms and autonomy.”

“What they say” is Beijing’s crackdown? 

Just a smidgen of investigative journalism would enable CNN’s reporters to report, as fact, that there has indeed been a crackdown, that it’s not just “critics” who say that the 2020 National Security Law has been used to destroy the pro-democracy, pro-human rights movement in Hong Kong and “cripple its once vibrant society.”

But I guess folks at CNN dare not risk bounties on their heads, also.

This is Common Sense. I’m Paul Jacob.


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Thought

Aaron Burr

Law is whatever is boldly asserted and plausibly maintained.

Aaron Burr, quoted in Burton Stevenson, Home Book of Proverbs, Maxims and Familiar Phrases (1948).
Categories
Today

July Fifth

The Liberty Bell left Philadelphia by special train on its way to the Panama–Pacific International Exposition, on July 5, 1915 — the last trip outside Philadelphia that the custodians of the bell intend to permit.

In 1937 on this date, Spam, the luncheon meat, was introduced into the market by the Hormel Foods Corporation.

The Twenty-sixth Amendment to the United States Constitution, lowering the voting age from 21 to 18 years, was formally certified by President Richard Nixon on July 5, 1971.

On July 5, 1995, Armenia (flag, above) adopted its constitution, four years after the country’s independence from the Soviet Union.

Categories
general freedom

A Declaration

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

This is Common Sense. I’m Paul Jacob.


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Paul A. Rahe

Fortunately for all of us, the Cold War ended not with a bang but with a whimper. It is surprising, however, that its cessation inspired so little elation.

First two sentences from the introduction to Paul Anthony Rahe’s Soft Despotism, Democracy’s Drift: Montesquieu, Rousseau, Tocqueville & The Modern Prospect (2009).
Categories
Today

Supernovae

July Fourth events include:

1054 – A supernova was spotted by Chinese, Arab, and possibly Amerindian observers. The celestial event occurred near the star Zeta Tauri, remaining, for several months, bright enough to be seen during the day. Its remnants form the Crab Nebula.

1776 — The Second Continental Congress approved the Declaration of Independence, thus formalizing its policy of secession from the rule of the Kingdom of Great Britain.

1803 — The Louisiana Purchase was announced to the American people.

1804 – Nathaniel Hawthorne, American author of The Scarlet Letter, House of Seven Gables, The Blithesdale Romance, and other classics, was born. Hawthorne became part of the Young America literary movement spawned by Loco-Foco political activism in New England.

1826 – Thomas Jefferson, third president of the United States, died a few hours before John Adams, second president of the United States, on the fiftieth anniversary of the adoption of the United States’ Declaration of Independence.

1826 – Stephen Foster, composer of “Old Black Joe,” “Beautiful Dreamer,” and many other classic American songs, was born.

1827 – Slavery was abolished in New York State.

1831 – Samuel Francis Smith wrote “My Country, ’Tis of Thee” for Boston’s July 4th festivities, set to the tune of Great Britain’s national anthem, “God Save the King/Queen.”

2009 – The Statue of Liberty’s crown re-opened to the public after eight years of closure that resulted from security concerns following the September 11, 2001, attacks.

Categories
Common Sense general freedom ideological culture

Two Days & 50 Years

Tomorrow is Independence Day in these United States.

But so was yesterday.

It was in the papers:

This day the Continental Congress declared the United Colonies Free and Independent States.

Pennsylvania Evening Post, July 2, 1776.

For it was two days before revising and accepting Thomas Jefferson’s Declaration of Independence that Congress officially declared its independence from King George III.

This Common Sense site has explained this quirk of history before. The Lee Resolution of July 2 declared that

  • the colonies should be “free and independent States”
  • they were “absolved from all allegiance to the British Crown” and that the connections should be “totally dissolved”
  • New “foreign Alliances” should be formed
  • And a “plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.”

Congress also commanded that a declaration be drawn up, and it was done quickly, accepted two days later.

The confederation document, on the other hand, took another year to work up, and four years beyond that to adopt.

John Adams, for all his faults as the Second President under the later U.S. Constitution, was a true friend of liberty and regarded the day as historic. “The second day of July, 1776,” he prophesied, writing to his wife on July 3, 1776,

will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more.

He was off by two days. It was the Fourth that would be celebrated.

Fifty years later he was off by much less: he died on July 4, 1826, uttering “Thomas — Jefferson — still surv —”

Jefferson had died a few hours earlier.

This is Common Sense. I’m Paul Jacob.


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