Tag: censorship

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ballot access election law insider corruption partisanship

Degrading Democracy, CNN-Style

watchdog, guard dog, media, press, newspapers

Everyone’s talking about last month’s CNN debate. We can’t unsee President Biden’s performance.

But something else did go unseen: candidates independent of the two dominant parties — specifically, RFK, Jr.

“CNN RULES WOULD HAVE BARRED EVERY INDEPENDENT PRESIDENTIAL CANDIDATE FOR LAST 112 YEARS,” read this month’s Ballot Access News (BAN) cover story.

Wow. That’s a long time.

Self-​deputized to supposedly defend “democracy,” CNN sponsored the recent presidential debate using criteria pointedly designed to shut out independent voices — even those polling double digits.

The main culprit was their mandate that “the candidate must [be] certified for the ballot in states with at least 270 electoral votes, by June 20.”

That doesn’t make any sense given the calendar for ballot qualification. As BAN relates, “The rule about being on the ballot was probably written by individuals who had no knowledge of the typical time-​line for presidential candidates running as independents, or nominees of new parties.”

Plus, “the rule” was applied with a double standard — one for Republicans and Democrats and another for other parties and independents.

“They require certainty for the independent candidate to show ballot placement,” notes BAN, “but they only require probability for the Democratic and Republican invitees.”

Once upon a time major news outlets were seen as playing a vital watchdog role, as referees, politically. Today, CNN and its ilk require their own umpires, a whole new set of watchdogs.

We are it — all of us on X, Facebook, podcasts and the blogosphere — we are those watchdogs.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights judiciary

States Without Standing

Friends of freedom of speech had been looking forward to a certain U.S. Supreme Court decision, Murthy v. Missouri.

The Biden administration has for years worked to suppress social-​media speech that disputes official government doctrines about biology, pandemic policy, elections, and other controversial matters. In short, the kind of speech the First Amendment was designed to protect.

Several suits have been launched against the federal government’s censorship. This one had been brought by Louisiana, Missouri, and other states, abundantly proving that administration officials actively pressed social-​media companies to suppress speech.

By a 6 – 3 vote, the court tossed lower-​court rulings that favor the states’ position. According to the decision’s coiled reasoning, the states lack legal right to sue. They lack standing.

Dissenting: Justices Alito, Gorsuch, Thomas.

The majority made a big point of ruling only on this question of “standing” — which none of us speakers of speech have, apparently — and not on the main question. We can hope, I guess, that some other case will someday be brought by plaintiffs whose rights the majority will concede have been infringed by the government’s infringing actions, which by their nature assault the right of freedom of speech of all Americans.

Meanwhile, in the words of Louisiana Attorney General Liz Murrill, the court’s decision “gives a free pass” to the government’s efforts to “threaten tech platforms into censorship and suppression of speech that is indisputably protected by the First Amendment.”

This isn’t a minor procedural setback.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights

Assange: Freedom & Statuary

Julian Assange, freedom of the press, free speech, Wikileaks

Julian Assange, the founder of Wikileaks, has been set free, time served. 

On Monday, presidential candidate Robert F. Kennedy, Jr., called him a “generational hero,” celebrating his release from a decade and a half in confinement, under threat of U.S. prosecution for publishing “hacked documents.” 

Loathed by the American establishment, left and right, Mr. Assange had ruffled feathers of the war machine and then the Democratic Party — the latter for publishing the contents of Hillary Clinton’s infamous email stash. The attempt to get him to America from overseas was a complex (and failed) ordeal that pushed him first into confinement in an Ecuadorian embassy and then placed in a maximum-​security London prison.

Assange, who admitted guilt in a plea deal deal, did not agree to set foot on the American continent, so the court hearing took place in a U.S. District Court in Saipan on Tuesday.

“The bad news,” RFK, Jr., went on, “is that he had to plea guilty to conspiracy to obtain and disclose national defense info. Which means the US security state succeeded in criminalizing journalism and extending their jurisdiction globally to non-citizens.”

Empire’s gonna imperialize.

While Mike Pence, the 48th Vice President, fully objected to the plea deal, Representative Thomas Massie (R.-Ky) echoed Kennedy’s sentiments: “My plane landed in DC & I just heard Julian Assange will soon be free due to a deal. His liberation is great news, but it’s a travesty that he’s already spent so much time in jail. Obama, Trump, & Biden should have never pursued this prosecution. Pardon Snowden & Free Ross now.” 

Massie mentions two more persecuted individuals, leaker of unconstitutional NSA secrets, Edward Snowden (hiding from the American empire in Russia) and darknet (“Silk Road”) publisher Ross Ulbricht (a prisoner now in Tucson’s federal penitentiary, sentenced to two life terms).

In a follow-​up tweet, Kennedy offered “Next steps,” including erecting “a monument to Assange in Washington as a civics lesson for the American public about the importance of free speech,” pardoning Ed Snowden, and releasing Ross Ulbricht … “to show our commitment to transactional freedom.”

That latter commutation has been promised by former president and current Republican candidate Donald Trump. But “transactional freedom” is not exactly the byword of our age.

And statuary is hardly in vogue.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights national politics & policies

Bills of Suppression

censorship, misinformation, disinformation, surveillance

In 2021, Democrats took aim at persons who donate to Democrats’ opponents with legislation called the For the People Act, which Republicans successfully blocked.

Back then, Bradley Smith, chairman of Institute for Free Speech, observed that the legislation aimed to violate the rights of groups “who do nothing more than speak about policy issues before Congress.” It would also have limited political speech on the web.

Now the bill is being resurrected as two separate pieces of legislation, each with language purporting to counter the purported threat of artificial intelligence. They are the Protect Elections from Deceptive AI Act and the AI Transparency in Elections Act.

Some Republicans seem to be buying into the resuscitated anti-​speech agenda, even though the legislation incorporates many proposals — even much of the same language — from the earlier bill. Again, says Smith, the goal is to expose conservative donors to “to harassment and boycotts.” Also to outlaw content called “materially deceptive content” as judged by a “reasonable person.” 

Of course, “reasonable persons” can and do disagree about the meaning of various speech and whether it’s “deceptive.” It’s reasonable to assume that the legislation, if enacted, will be used against speech that enforcers happen to disagree with.

As for actually deceptive speech: all manner of jabberwocky is protected by the First Amendment unless uttered to rob or defraud someone. If I tell you the moon is green cheese and you believe it, that may be sad. But I haven’t picked your pocket … or made you eat lunar cheese.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom ideological culture

Library Against Liberty

library, Moms for Liberty, gender

In order to conduct a forum “on Fair and Safe Sport for Girls,” Moms for Liberty reserved and paid for a room at a library.

Then, the librarians ambushed them.

Yolo County Public Library Regional Manager Scott Love “invited disruptive protesters” to the August 2023 forum and then shut it down as soon as it started. He disagreed with Moms for Liberty that men who demand the right to participate in women’s sports are men. So the matter couldn’t even be discussed. Not in the library’s reserved and paid-​for meeting room.

With the help of the Institute for Free Speech and Alliance Defending Freedom, Moms for Liberty sued, arguing that Yolo County Library had acted unconstitutionally.

According to the complaint, “Defendants are not required to agree with Plaintiffs’ views about protecting women’s sports. The First Amendment, however, requires that Defendants allow Plaintiffs to speak freely about the integrity of female athletics in library meeting rooms. It demands public library officials not enable — let alone participate in  — the disruption and cancellation of Plaintiffs’ events on account of their viewpoints.

“The Court should hold Defendants accountable for the damage they caused in censoring Plaintiffs’ event and ensure that such censorship never happens again.”

The library has now settled, revising its policies to (we hope) protect the freedom of speech of patrons who use its meeting rooms. It must also pay plaintiffs $70,000 in damages and legal costs.

Sadly, those funds come from taxpayers. Seems Mr. Love should pay a price.

This is Common Sense. I’m Paul Jacob.

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crime and punishment education and schooling First Amendment rights

College Censors Squelched

college, censorship, academia, woke, wokeism

If you attend Oklahoma State University, you are, I hope, now free to speak.

OSU will shut down a “bias response team” instituted to harass speech on campus. We can thank a group called Speech First, which sued the school.

“We are excited to announce that OSU will be eliminating their insidious bias reporting system that told students to anonymously report on one another for ‘bias’ and that they will have to rewrite their harassment policy to include important speech protections so that students can no longer be punished for merely expressing their views,” says Cherise Trump, executive director of the organization.

“We have also secured a change to their computer policy so that it no longer targets the protected political speech of students.”

The settlement also requires the school to pay Speech First $18,000 for legal expenses.

OSU had tried to get the lawsuit dismissed because Speech First protected the names of its plaintiffs, OSU students.

Speech First’s reason for using pseudonyms is pretty commonsensical: to protect plaintiffs from retaliation. That a university with a policy of punishing students for renegade speech might also punish them for participating in a lawsuit to end this policy doesn’t seem like a farfetched concern.

The resolution of the case hardly means that the fight for freedom of speech on campus is over. But it may help other universities realize that, as Cherise Trump puts it, “there is a high cost to violating students’ constitutional rights.”

This is Common Sense. I’m Paul Jacob.

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