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Today

Fifth to Ratify

On January 9, 1788, Connecticut became the fifth state to be admitted to the United States under the new Constitution. Connecticut was one of the first nine states of the original union, under the Articles of Confederation, to accept the Constitution, and thus officially ratify it. All 13 original states had ratified that new compact, officially, by May 29, 1790. The first state to be added to the original 13 was Vermont, in 1791.

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by Paul Jacob video

Watch: The Right Kind of Speech

Paul has a few things to say about our free speech rights, and why politicians don’t like them.

This Week in Common Sense, January 7, 2023. (Go to SoundCloud for the hosted audio.)
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Thought

Auberon Herbert

If you really think that for some purposes we may rightly compel men, and for other purposes we may not, you are bound to arrange your perceptions on the subject and discover what is the dividing line between “the may” and “the may not.”

Auberon Herbert, The Right and Wrong of Compulsion by the State (1885).
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Today

State of the Union

On January 8, 1790, George Washington delivered the first State of the Union address in New York, New York.

In 1835, on this date, the United States federal government achieved a zero debt for the first and only time.

In 1867, African-American men were first allowed to vote in Washington, D.C.

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audio podcast

Listen [to] The Right Kind of Speech

Paul Jacob celebrates the first week of the New Year according to his old program: truth, common sense, and the American way:

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Thought

Elon Musk

To be totally frank, almost every conspiracy theory that people had about Twitter turned out to be true. Is there a conspiracy theory about Twitter that didn’t turn out to be true? So far they’ve all turned out to be true — if not more true than people thought

Elon Musk, quoted in “Watch: Elon Musk Reveals Most Shocking Thing About ‘Twitter Files,’ Makes Major Confession,” Western Journal (December 27, 2022).
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Today

Winter War

On January 7, 1940, the Finnish 9th Division completely destroyed the much-larger Soviet forces on the Raate-Suomussalmi Road, in a crucial battle during Finland’s Winter War.

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First Amendment rights free trade & free markets judiciary

The Wrong Kind of Speech

In 2019, California imposed a law to force many independent contractors to become standard employees if they wanted to keep working for erstwhile clients.

AB5 threw many gig workers out of work. Many lost all of their clients, who typically could not afford to simply convert contractors from whom they had been buying stuff once in a while into regular employees.

Even in the original legislation, exemptions from AB5 were granted for certain contractors. In response to angry controversy, many more categories of contractors were added to the exemption list. Then passage of Proposition 22 allowed Uber and Lyft drivers to continue as contractors.

But guess who still may not hire independent contractors in California? People running political campaigns and petition drives, who often can’t afford to hire many or any employees. The Wall Street Journal notes that today in California, “people who sell ‘consumer products’ count as ‘direct salespersons,’ while those who work on political campaigns or ballot petitions must be counted as employees.”

Thus, under the state’s current anti-contractor law, political speech is impaired in a way that sundry commercial speech is not.

A group called Moving Oxnard Forward has taken their First Amendment-based complaint about this injustice to court, with the help of the Institute for Free Speech. A three-judge panel of the Ninth Circuit Court of Appeals ruled 2-1 against the group. But the case can proceed now to the full Ninth Circuit or on to the U.S. Supreme Court.

At the High Court, I think we petitioners and speakers of political speech would probably win.

This is Common Sense. I’m Paul Jacob.


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Thought

Voltaire

It is better to risk sparing a guilty person than to condemn an innocent one.

Voltaire, Zadig (1747).

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Today

Montessori & a Mess

On January 6, 1907, Maria Montessori opened her first school and daycare center for working class children in Rome, Italy.

In 1912 on this date New Mexico became the 47th state of America’s United States.

On this date in 1941, President Franklin Delano Roosevelt delivered his “Four Freedoms” State of the Union speech, emphasizing vague “freedoms” that enabled government to usurp definable freedoms.

On January 6, 2021, lame duck President Donald John Trump gave a speech in Washington, D.C., aiming to rouse his supporters to pressure the U.S. Senate not to certify some states’ Electoral College votes in Election 2020, to address “election fraud.” Before his speech ended, and under questionable circumstances, some of his supporters (along with some possible false flag agents) broke into the Capitol to set off one of the great political controversies of our time.