Tag: 1st Amendment

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education and schooling First Amendment rights

A Lesson for the Board

free speech, censorship, 1st Amendment

Shawn McBreairty has the right to speak at public school board meetings in Maine.

That may not sound like the most controversial of contentions, but many school boards and even the Justice Department have been treating parents as criminals for publicly objecting when schools 

  1. teach kids to feel racially guilty, 
  2. unlearn the biologically obvious about sex, and in general 
  3. engage in radical indoctrination at the expense of education.

The parents’ sin in such cases is that of nettling board members and others who want a free hand to inflict such policies.

Mr. McBreairty has gotten in hot water with more than one school board in Maine. The recent court ruling that he has the right to speak at board meetings was occasioned by the actions of the RSU 22 school district, which barred McBreairty from its own board meetings.

When he tried to attend one in June, the board used local police to stop him.

The judge in the case, Nancy Torreson, has no sympathy for the board’s antics, characterizing its rationale for trying to muzzle McBreairty as “evolving, ad hoc, and unsupported.”

Judge Torreson concludes that McBreairty’s expression of “school-​related concerns at the podium during the public comment period of School Board meetings constitutes speech that is protected under the First Amendment.” Her ruling grants the motion for an order temporarily restraining the school board from stopping McBreairty from attending and speaking at its meetings.

Even if board members disagree with him.

McBreairty and the school board are in America, after all.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights Internet controversy social media

A Welcome Discovery

Joe Biden, censorship, Twitter, Facebook, 1st Amendment, free speech

In recent years, several lawsuits have been launched alleging collusion between the Biden administration and big social media companies to violate our First Amendment rights.

Unfortunately, most of these suits have been dismissed.

Journalist Alex Berenson did obtain some satisfaction after suing Twitter for suspending his account last year because he questioned the efficacy of COVID-​19 vaccines.

The suit accused Twitter of acting “on behalf of the federal government in censoring and barring him.” Berenson’s account was finally reinstated as part of the settlement. But only Twitter was required to take any remedial action; the government was required to do nothing.

Still ongoing is a lawsuit launched by the attorney generals of Missouri and Louisiana against the Biden administration for urging social media giants to suppress speech about things like COVID-​19 and elections “under the guise of combating ‘misinformation.’ ”

Now a judge has granted the states’ motion for discovery, enabling the attorneys general to make document requests and issue subpoenas to social media platforms. The AGs hope to learn which federal officials have been urging censorship and what exactly they said.

In a certain respect, these actions seem almost superfluous, since administration officials, including Biden, have repeatedly and publicly called on social media to censor harder.

But the more evidence we can get on how the federal government has been urging firms to censor on its behalf and in violation of the First Amendment, the better. 

That brings us closer to getting it to stop.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom

FIRE the ACLU

FIRE, Foundation for Individual Rights and Expression, free speech, 1st Amendment

The American Civil Liberties Union used to be about civil liberties — a staunch defender of freedom of speech for all, including speech that it regarded as detestable. 

Now the ACLU is a changeling monster, with many at the organization arguing to ignore threats to what they regard as the wrong kind of speech. The erstwhile bastion of civil rights has even come out against restoring due process for the accused on our nation’s campuses.

Among longtime ACLU supporters discouraged by the retreat is David Goldberger. This lawyer believes that it has become “more important for ACLU staff to identify with clients and progressive causes than to stand on principle. Liberals are leaving the First Amendment behind.”

Or: progressives are no longer even a little bit “liberal.”

Fortunately, taking up the discarded banner is the Foundation for Individual Rights and Expression, until recently called the Foundation for Individual Rights in Education. The new name signifies an expanded mission. 

FIRE will — we are assured — still combat threats to freedom of speech at colleges and universities, where it has been doing excellent work for years.

“To say the least, we have not solved the campus free-​speech problem,” says FIRE president Greg Lukianoff. “But we started to realize if we wanted to save free speech on campus we have to start earlier and we have to do things not on campus.”

Freedom of speech is for everybody. In its heyday, the ACLU defended people of all walks of life, and offended tyrants everywhere. Now that progressives generally and Democrats specifically have gone pro-​censorship, FIRE is taking up the cause of civil libertarianism.

Someone needed to.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights individual achievement social media

A Failure of Trust

Elon Musk, Twitter, free speech

Why is the Federal Trade Communication threatening to investigate Elon Musk’s acquisition of Twitter?

The FTC is reportedly reviewing the Tesla CEO’s takeover of the forum and will soon decide whether to conduct an anti-​trust probe of the transaction.

Musk hasn’t been entirely clear about his plans for Twitter now that he is on the verge of acquiring it. But we can expect that this avowed free speech absolutist will do his best to ensure that tweet-​speech is much more open than it has been. He won’t label every statement he dislikes as “hate speech” or “misinformation” and forthwith expunge it.

And this, I’m pretty sure, is the problem.

Certainly, no new “monopoly” is in the offing. It’s not as if we lack social-​media alternatives to Twitter — or that Musk already owns the alternatives. His other gigs pertain to electric cars, tunnels, and space flight.

The problem must be that government officials, too, expect that Musk will be a much better friend of unfettered speech than the previous Twitter insiders.

Officials expect — but also fear — that his Twitter won’t routinely terminate the speech of persons who dispute “official” doctrines about COVID-​19, elections, or what have you.

To fear the prospect of a Musk-​run Twitter is to fear open debate — debates that are unavoidable and should be welcome if we value citizen control of government.

But of course, those who seek to control us worry: if the people do not agree with them about what is and is not a fact, what is and is not the highest moral and political value, they might not stay in power.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights ideological culture

Our Uncivil War

speech, 1st Amendment, freedom, censorship

The New York Times admits it: “America Has a Free Speech Problem.” But the March 18 editorial, while trying carefully to distinguish one kind of speech issue from another, fails to acknowledge the full extent of the problem. 

The trouble, you guessed it, is partly a left versus right issue: “Many on the left refuse to acknowledge that cancel culture exists at all, believing that those who complain about it are offering cover for bigots to peddle hate speech,” which strikes me as a fairly accurate account. But the Times cannot help itself — the right must be made to seem worse. “Many on the right,” the editorial goes on, “for all their braying about cancel culture, have embraced an even more extreme version of censoriousness as a bulwark against a rapidly changing society, with laws that would ban books, stifle teachers and discourage open discussion in classrooms.”

Sans persuasive examples — the Times provides none — I reject this claim as a grave misunderstanding of current trends. What has been happening is not the banning of books, but the mere removal of them from public school libraries and/​or curricula. 

“Stifling teachers” is not a thing, really. Taxpayer-​funded teachers have no more right to teach anything they want than taxpayer-​funded police have the right to enforce whatever laws they want.

The multi-​racial backlash against the left, most recently in Virginia, was a movement of parents upset over cultural Marxist indoctrination on racial issues … taking the place of quality education. 

Something else the Times missed: the extent to which cancel culture has worked hand-​in-​hand with social media companies under the influence of partisans in Congress and the Deep State.

That being said, the Times does get something right: “When speech is stifled or when dissenters are shut out of public discourse, a society also loses its ability to resolve conflict, and it faces the risk of political violence.”

Yes, it’s a problem.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights national politics & policies

The Senatorial Suppressor

Elizabeth Warren, censorship, 1st Amendment, free speech

The brazenness of governmental assaults on freedom of speech continues apace.

In addition to “aggressive IRS scrutiny” of conservative groups, using campaign finance regulations to suppress speech, and FBI raids on homes of perpetrators of journalism, we are seeing government officials openly demand that private firms suppress speech.

In September, U.S. Senator Elizabeth Warren wrote a letter to Amazon chastising it for promoting books that contradict the government line about matters pandemical.

One target of Warren’s finger-​wagging is The Truth About COVID-​19: Exposing the Great Reset, Lockdowns, Vaccine Passports, and the New Normal by Joseph Mercola and Ronnie Cummins.

I don’t know how cogent it is. I’m willing to let the authors make their case.

Not Senator Warren.

In her public letter, she rebukes Amazon for being “unwilling or unable to modify its business practices to prevent the sale of falsehoods . . . .” That’s a lot of book-​warehouse-​burning implicitly rationalized. How many classics of Western civilization contain falsehoods? Not to mention the I Ching.

Now the authors and publisher of The Truth About COVID-​19 have sued Warren for acting to violate the First Amendment by proxy. Their filing cites a 1963 Supreme Court ruling that politicians violate the First Amendment when telling booksellers that selling certain books may be “unlawful.” Exactly what Warren does in her letter.

As that Court put it, “people do not lightly disregard public officers’ veiled threats.” 

Let’s hope that today’s Supreme Court recognizes the same reality.

This is Common Sense. I’m Paul Jacob.

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