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First Amendment rights general freedom ideological culture

No Laughing Matter

Without freedom of speech, the jester’s art can be perilous.

Chinese comedian Li Haoshi, who performs under the name House, recently did stand-up comedy at a Beijing club, after which, reports Reuters, “an audience member posted online a description of a joke he had made . . . describing it as demeaning to China’s People’s Liberation Army (PLA).”

That went viral on Chinese social media.

“In the joke,” Reuters explains, “Li recounted seeing two stray dogs he had adopted chase a squirrel and said it had reminded him of the phrase ‘have a good work style, be able to fight and win battles,’ a slogan Chinese President Xi Jinping used in 2013 to praise the PLA’s work ethic.”

Not exactly a ripsnorter, it is hardly biting satire, either — after all, Li steered clear of any mention of Winnie the Pooh.

But no matter. Next thing the funny man’s employer knew, “China’s Ministry of Culture and Tourism Bureau said it would fine Shanghai Xiaoguo Culture Media Co 13.35 million yuan and confiscate 1.35 million yuan in ‘illegal gains’ from the firm.”

That’s a cool $2 million U.S. for the ever-so specific crime of “harming society.”

“In response to the fine, Xiaoguo Culture . . . said it had terminated Li’s contract,” and, for good measure if you are a totalitarian, Reuters adds that “Weibo appears to have banned him from posting to his account there.”

“We will never allow any company or individual [to] use the Chinese capital as a stage to wantonly slander the glorious image of the PLA,” declared China’s cultural ministry.

Suffice it to say, China isn’t currently known for its comedy. 

And won’t be until more people perform their own stand-up act.

This is Common Sense. I’m Paul Jacob.


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Whose Brains Fell Out?

Just before the Turkish presidential election, the Turkish government ordered Twitter to block content that its strongman incumbent apparently found inconvenient. (The election isn’t over; a runoff is scheduled for May 28.)

We don’t know what Twitter was told to censor. All we know is that, although now guided by the somewhat pro-free-speech policies of Elon Musk, Twitter complied, saying it did so “to ensure Twitter remains available to the people of Turkey. . . .”

Journalist Matthew Yglesias tweeted that Twitter’s compliance “should generate some interesting Twitter Files reporting.” This is an allusion to internal Twitter communications released by Musk showing how readily and frequently pre-Musk Twitter censored dissenting speech at the behest of U.S. government officials.

The jibe got under Musk’s skin. “Did your brain fall out of your head, Yglesias?” Musk counter-tweeted. “The choice is have Twitter throttled in its entirety [in Turkey] or limit access to some tweets.”

But Twitter doesn’t control Turkish policies. It only controls its own policies.

Had Twitter refused and then, in turn, been throttled in Turkey, every Twitter user there would have known about the censorship by their government. Some might have protested. But only a few people in Turkey will know about the Twitter-abetted censorship.

Musk has in effect announced that Twitter will censor anything governments want if only a government willing to block Twitter does the asking. And what tyrants do is up to them. 

Whether we cooperate with their tyranny when we have the means to resist? 

That is up to us.

This is Common Sense. I’m Paul Jacob.


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Here-at-Home Problem

The China problem is “not just a distant ‘over there’ problem,” Rep. Mike Gallagher (R-Wisc.) recently argued. “As the spy balloon incident as well as the illegal CCP police stations on American soil illustrate, it’s a ‘right here at home’ problem.”

It’s also a just-north-of-us problem. Canada is currently expelling a Chinese diplomat and dealing with the fallout over China’s interventions in Canadian politics, along with big financial gifts to a foundation for Prime Minister Justin Trudeau’s father.

An article in The Globe and Mail nonchalantly explained the reasons China is engaged in trying to control the speech of every one of the planet’s inhabitants. The Chinese Communist Party (CCP) has many international goals:

  • “build acceptance abroad for its claims on Taiwan, a self-ruled island that it . . . reserves the right to annex by force.”
  • “play down its conduct in Xinjiang, where the office of former UN Human Rights commissioner Michelle Bachelet last year said China has committed ‘serious human-rights violations.’”
  • “generate support for a draconian 2020 national-security law to silence opposition and dissent in Hong Kong.”
  • “quell foreign support for Tibet, a region China invaded and annexed more than 70 years ago, and to discourage opposition to Beijing’s militarization of the South China Sea and sweeping maritime claims in the region.”

Having committed a long list of crimes against humanity, the CCP understandably demands that everyone keep their mouths shut. 

Rep. Gallagher believes the U.S. should improve “our deterrent posture across the Taiwan Strait” and communicate “in clear terms that we will not stand idly by while the CCP continues to increase its aggression internationally” — while President Biden has repeatedly pledged U.S. military support for Taiwan.

But for some reason, Biden has never discussed the prospect with the American public. 

As if it weren’t our concern, too.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights general freedom

Freedom vs. Force at Harvard

Things haven’t been going well for freedom of expression on campus.

Institutions of higher learning where foes of free speech flourish include purported bastions of intellectual discourse like Harvard University. In 2022, Harvard ranked 170th out of 203 schools with respect to free speech on campus in an assessment by the Foundation for Individual Rights and Expression (FIRE).

According to a 2023 College Pulse survey, 26 percent of Harvard students say it’s sometimes okay to use violence to stop speech on campus. Only 27 percent say it’s always wrong to shout down a speaker.

“Many, many people are being threatened with — and actually put through —  disciplinary processes for their exercise of free speech and academic freedom,” says Janet Halley, of Harvard Law School. “Many people think that they’re entitled not to be offended.”

Jeffrey Flier, medical school professor, says free speech has been in decline at Harvard at least since 2007.

Halley, Flier, and more than 100 other Harvard faculty members have newly formed the Council on Academic Freedom.

Flier says it’s been too hard for professors to simply “[put] their head above the parapet [and say] ‘I think this is wrong.’ There hasn’t been any network of people from across the spectrum that could be able to do this. But that’s what we now have in the council.”

The Council seems to be off to a good start. Now let us see how many of the rest of the school’s 2,400 or so faculty members join up.

This is Common Sense. I’m Paul Jacob.

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Censored Under Pressure

Journalist Alex Berenson is suing members of the Biden administration — and others, inluding Pfizer officers — for pressuring Twitter to ban him for what he wrote about the COVID-19 vaccines.

The best-known of his heretical tweets says, “It doesn’t stop infection. Or transmission. And we want to mandate it? Insanity.”

In the months since August 2021, when Twitter expelled him “for repeated violations of our COVID-19 misinformation rules,” such hardly intemperate observations have become less controversial. Vaccine proponents have retreated, typically claiming, at most, that the putative vaccines reduce the risk of severe illness and death.

Berenson first sued Twitter to challenge its ban. The suit succeeded; eleven months after Twitter banned him, it reinstated his account.

But Twitter had not been acting independently; it had succumbed to a lengthy campaign by the Biden administration to censor Berenson. Any such actions by government officials are, of course, unconstitutional.

The defendants in Berenson’s new lawsuit include President Biden, Surgeon General Vivek Murthy, Director of Digital Strategy Rob Flaherty, and former White House official Andrew Slavitt (“at the center of the conspiracy”). Two Pfizer officers are also named: board member Scott Gottlieb and CEO Albert Bourla.

Berenson’s detailed complaint alleges that “after months of public and secret pressure, Defendants succeeded” in getting Twitter to ban him.

The private pressure is attested by internal documents released by Twitter and government documents produced during the course of Missouri and Louisiana’s lawsuit against censorship by the Biden administration.

In defending his rights, Alex Berenson is helping us all retrieve freedoms we lost in the pandemic panic.

This is Common Sense. I’m Paul Jacob.


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Trans-Violent

“I applaud the students, staff and faculty who rallied quickly to host alternative inclusive events, protest peacefully and provide one another with support at a difficult moment,” declared San Francisco State University President Lynn Mahoney on Monday.

The “difficult moment” she refers to? A talk on campus by All-American swimmer Riley Gaines, sponsored by Turning Point USA. Gaines was speaking out against “transgender women” (biological men) competing in women’s sports.

President Mahoney did finally acknowledge that the event was followed by “a disturbance,” which “unfortunately” “delayed the speaker’s departure.”

In fact, Gaines wasn’t able to leave for hours, until nearly midnight . . . when, as CNN reported, “the San Francisco Police Department sent officers to disperse the crowd.” Gaines says she was “physically assaulted,” “struck twice,” with video confirming a very threatening situation.

“We are reviewing the incident,” Mahoney assured, “and, as always, will learn from the experience.”

No arrests have been made. They should be. That’s the teachable moment we need.  

SFSU’s president did acknowledge that what occurred last week was “deeply traumatic.” But she meant the event itself, which she claimed “advocated for the exclusion of trans people in athletics.” 

That isn’t true. Gaines and many (if not most) folks involved in the controversy simply want collegiate sports separated by biological sex and not by gender identity.

Let’s realize that these Antifa-esque “trans activists,” the ones who threaten to beat up women, do not speak for all transgendered people — certainly not those I know and love. Their goal is clearly not harmony but the very opposite. 

The solution is simple: Love for trans folks, common sense public policies, and jail for the thug attackers of free speech.

I’m Paul Jacob.


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A Package Deal

Suppose suggested legislation outlaws both murder and walking. How could you oppose it? Are you, a dedicated perambulator-peripatetic, also a murder-supporter?

Obviously, this would be an attempt to foist a package deal consisting of unrelated or mutually contradictory elements.

Consider a more true-to-life example.

In the Wall Street Journal, Philip Hamburger argues that a congressional bill targeting TikTok would do much more than counter Chinazi spying on Americans (“The TikTok Bill Is a Sneak Attack on Free Speech”).

If curbing or even outlawing TikTok were the sole focus, one could argue the merits of the legislation given what is known about the company’s collecting of data and its relationship with the Chinese government. There’s no free-speech protection of foreign espionage.

However, as Hamburger points out, the bill gives the federal government “sweeping power over communications” and could be used to stifle speech protected by the Constitution.

The proposed statute would allow the Department of Commerce to undertake open-ended mitigation of “undue or unacceptable” risk regarded as arising from use of communications technology in which any entity subject to the jurisdiction of a foreign adversary “has any interest.”

This is very vague and very all-encompassing. The legislation thus confers power over domestic communication companies “that could be used to extort their cooperation in censorship.”

Attempts to resist such “mitigation” or censorship would risk administrative fines of $250,000, criminal penalties of $1 million, two decades in prison. For supporting freedom of speech?

Please walk away from this, Congress.

This is Common Sense. I’m Paul Jacob.


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License for Leftists

Libertarians should avoid taking sides in left-right antagonisms when promoting a principled third position would make more sense.

Regrettably, in “Christopher Rufo Wants To Shut Down ‘Activist’ Academic Departments. Here’s Why He’s Wrong,” libertarian magazine Reason fails to offer that alternative.

“In an essay published this week in City Journal,” author Emma Camp begins, “conservative activist Christopher Rufo argued that universities — or rather, the state legislatures governing these universities — should shut down ‘activist’ academic departments. But rather than protecting higher education, forcibly shutting down left-wing academic departments would be nothing more than routine censorship.”

Tellingly, she never defines “routine” censorship.

Let me help: routine censorship is the governmental policy of preventing or punishing private speech on private property. 

State colleges and universities are public institutions, politically established and subsidized by taxpayers. With few exceptions, “private colleges” are also routinely tax-funded at the demand end, and are further supported with research contracts.

Getting rid of Marxist professors preaching political revolution is no more anti-free speech than preventing the CDC and Anthony Fauci from conducting gain-of-function virus research within some college laboratory.

Ms. Camp quotes the Supreme Court about the importance of “safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned.” Freedom sounds great, but as usual, the Supremes forget that taxpayers have an interest, and that constraints on public schools was once routine.

So how not to “cast a pall of orthodoxy over the classroom”? 

Offer a third position: de-subsidize and dis-establish government “education” by empowering higher education’s customers. Let Marxist professors find payers in the private sector.

Instead, Emma Camp effectively tells conservatives they have no choice but to fund every leftist program that politics and the bureaucracy allow. She could have recognized that “Academic freedom” in the context of tax-subsidized schooling is merely ideological license.

Which is itself a sad alternative to real liberty.

This is Common Sense. I’m Paul Jacob.


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Invitation to a Beheading

I don’t gawk at car crashes. I did not watch the ISIS beheadings. Bloody slasher movies aren’t my thing. 

And neither was the recent hearing held by the House Subcommittee on the Weaponization of the Federal Government. It was so hard to watch I could hardly take more than a few minutes at a time.

Before the committee appeared two of the three heroes of Twitter Files fame: Michael Shellenberger, listed as “Author, Co-founder of the Breakthrough Institute and the California Peace Coalition”; and Matt Taibbi, Journalist.

Or, as Del. Stacey Plaskett (D-U.S. Virgin Islands) referred to them, “so-called journalists” — before she asked her first question.

Mr. Schellenberger testified about “The Censorship Industrial Complex” and Mr. Taibbi’s testimony was a less elaborate narrative about how he got involved in the Twitter censorship issue, and what he discovered in working through the files. But Del. Plaskett and Rep. Debbie Wasserman-Schultz (D-Fl) were far more interested in discrediting what they said by attacking their qualifications and methods, not dealing with the facts they found.

Rep. Sylvia Garcia (D-Tx) was the worst. I hand it to you if you can stomach her full interrogation — I came away wondering mostly about her IQ.

My negative reactions? Hardly an outlier. 

“Journalists Matt Taibbi and Michael Shellenberger were a credit to their profession and to all Americans who genuinely care about a free press and the First Amendment,” wrote Maud Maron in an op-ed for The New York Post explaining why she was walking away from the Democratic Party: the party has fully endorsed censorship. The Democrats at the hearing “questioned, mocked, belittled and scolded [Taibbi and Schellenberger] for not meekly accepting government knows best” — proving themselves “an embarrassment.”

It might be good for our side when our enemies make fools of themselves. But it’s hard to watch.

This is Common Sense. I’m Paul Jacob.


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Register the Critics!

Joy Reid cited it as just another example of “right-wing fantasy,” and Newt Gingrich had, if anything, worse things to say about it.

What is it?

A proposed Florida law advanced by State Senator Jason Brodeur (R-Lake Mary).

Senate Bill 1316 “would require bloggers to register with the state within five days of any post mentioning a state official, according to Florida Politics,” a Newsweek article explains. “It would then require bloggers to file monthly reports listing posts that mention officials, as well as any compensation for those posts.”

The legislation, which has not advanced far — and probably won’t — has received mostly negative responses. Former Speaker of the House Gingrich’s is typical: “The idea that bloggers criticizing a politician should register with the government is insane. [I]t is an embarrassment that it is a Republican state legislator in Florida who introduced a bill to that effect. He should withdraw it immediately.”

Promoters of the law defended it mainly by saying that Ginrich’s criticism mischaracterized the law. Not all political bloggers would have to register, only those paid to write would be. Only!

“If a blogger posts to a blog about an elected state officer and receives, or will receive, compensation for that post, the blogger must register with the appropriate office. . . .”

Former FEC Commissioner Brad Smith challenged the notion itself: “Would you apply this to journalists? Citizen who write letters to their representatives? People who talk to their neighbors? Why not? No, you don’t have a right to know who is paying them. You have a right to ignore them if that matters to you.”

Since the world began, politicians have had a very difficult time ignoring their critics. Instead, like this Florida Senator, they want to shut them up. By force. By intimidation. By regulatory harassment.

The First Amendment says NO.

This is Common Sense. I’m Paul Jacob.


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