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First Amendment rights social media

Google Shareholders vs. Google Censorship

Some Google shareholders are pressing Google for records of its communications with the Biden administration. And not just any old records. They are specifically demanding those pertaining to the administration’s demands for censorship.

Per the First Amendment, it is unconstitutional for government to seek to muzzle people for saying things that government officials disapprove of.

Yet the Biden Administration and others, including members of Congress, have openly (and repeatedly) urged big-tech social media companies to more assiduously censor discussion of COVID-19 policy, COVID-19 vaccines, the nature of COVID-19. The president did this again just last week: “I make a special appeal to social media companies and media outlets — please deal with the misinformation and disinformation that’s on your shows. It has to stop.”

Everything we’ve seen adds up to a slam-dunk case against the government for violating the First Amendment. We know that government officials are asking social-media companies to censor. They’re not hiding it.

Suing the government’s big-tech lackeys — and government officials, when plausible — is one way to combat the evil.

The National Legal and Policy Center, a Google shareholder, is trying to secure a requirement that the company disclose the content of any communications between itself and the government related to the Biden Administrations calls for censorship. Last summer, the administration stated that it was “in regular touch” with the big-tech giants.

Will Google voluntarily produce documents showing that it acquiesced in specific Biden administration demands for censorship?

No. But as Charles Glasser has pointed out, there is precedent for a judicial finding that media are de facto “government agents” when they work “hand-in-hand with government in violating constitutional rights.”

The effort may not succeed, but it’s worth a shot.

This is Common Sense. I’m Paul Jacob.


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Reversing the Irreversible

Facebook has reversed its “irreversible” decision to strip Heroes of Liberty, a publisher, of all advertising revenue.

On December 23, Facebook locked the publisher’s ad account because of “low quality or disruptive content.” The ads pitched children’s books about figures like Ronald Reagan, Amy Coney Barrett, and Thomas Sowell.

When Heroes of Liberty appealed, Facebook dug in its heels: “You can no longer advertise with this ad account and its ads and assets will remain disabled. This is our final decision.”

Heroes of Liberty editor Bethany Mandel suspects that a small group of hysterical critics of the Heroes of Liberty series provoked the action.

“These are the same people who riot and take down statues of our founding fathers,” she says. “They want to strip us of our ability to honor our heroes in the digital sphere and in children’s books.”

After sharp public criticism of the action, Facebook restored the account. The scope of the censorship proved a little too embarrassing, for now.

Just a silly little mistake that could happen to any giant high-tech censor?

Well, no. 

One, somebody writes the algorithms.

Two, somebody confirmed the decision to kill a publisher’s advertising account solely because its books have the “wrong” mission.

Fortunately, we are getting more and more alternatives to the high-tech censors . . . and the alternatives we already have are growing fast. The sooner we can make the Facebooks, Googles, and Twitters of the world irrelevant to online success, the better.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom media and media people moral hazard nannyism social media

Tom Paine Sues Facebook

The ghost of Thomas Paine is suing Instagram and Facebook.

Mr. Paine, the eloquent champion of the American Revolution who penned such zeitgeist-capturing volumes as Common Sense, The American Crisis, and The Rights of Man, is going to court to protest the indignity that these social-media forums recently inflicted upon his spirit by censoring his statement that “He who dares not offend cannot be honest.”

The statement comes from an op-ed Paine published in the April 24, 1776 issue of the Pennsylvania Journal: “Cato’s partizans may call me furious; I regard it not. There are men too, who, have not virtue enough to be angry, and that crime perhaps is Cato’s. He who dares not offend cannot be honest.”

Mr. Paine seems to be saying that persons of craven mettle often eschew the challenge of being standard-bearers of truth, especially when controversial matters are involved. Articulating such views forthrightly tends to offend — somebody.

The particular mentalities of censorious Facebook flunkies and algorithms are new to Mr. Paine, of course. But he is ready to fight.

“Tyranny, like hell, is not easily conquered,” he declares when asked to assess his prospects, “yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly. . . . [I]t would be strange indeed if so celestial an article as FREEDOM should not be highly rated.”

If that be hate speech, Mr. Paine seems to suggest, make the most of it.

This is Common Sense. Happy New Year! I’m Paul Jacob.


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First Amendment rights general freedom national politics & policies social media

Should I Sue?

Well, why not? According to some politicians, I have a perfect right to. 

But, you ask, on what grounds?

Because of the emotional injury I suffer when I listen to these bozos.

Legislation being considered in Congress would permit social-media companies to be sued for causing physical or “severe emotional injury,” a provision of the Justice Against Malicious Algorithms Act.

This legislation would amend Section 230 of the Communications Decency Act so as to make Internet service providers liable if they algorithmically recommend content that results in “severe emotional injury to any person.”

The text of the legislation is — you guessed it! — vague and murky. And would doubtless be applied with extreme selectivity if enacted.

Other bills being pondered would tackle things like “health misinformation.” Senator Amy Klobuchar declares that it is “our responsibility to take action.” 

Uh, what action?

The action of penalizing social media for inadequately censoring those with whom the senator disagrees.

Such rationalizations of assaults on freedom of speech are severely emotionally injurious to me.

Will I sue? Nah. I wouldn’t win. I doubt I would be one of the ones allowed to collect such bounties. Nor would any successfully passed legislation ever permit congressmen to be sued for their own psyche-pummeling lies, psy-ops, and blather.

Perhaps more importantly, it’s wrong to seek to penalize others merely for exercising freedom of speech, no matter how lousy or dispiriting that speech.

Lousy legislation, though — yes. If only we could sue for that.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights international affairs

Disney’s Memory Hole

China’s leaders fear Winnie the Pooh.

And The Simpsons.

The totalitarian regime’s opponents liken Xi Jinping, the latest Dear Leader, to Winnie the Pooh — due to an obvious resemblance. So Xi’s government works hard to expunge Winnie images.

The Chinazis also want everyone in China and Hong Kong (not to mention across the universe) to forget the Tiananmen Square massacre of 1989, when hundreds or thousands of people demanding democratic reform were killed. 

The Walt Disney Company is eager to cooperate with this besieging of memory.

The Simpsons is part of its new streaming service in Hong Kong, where citizens have been losing the last remnants of political freedom permitted under the two-systems agreement of 1997. Whether preemptively or in compliance with instruction from the Chinese government, Disney has deleted a certain episode from the series’ archive available to Hong Kongers.

In the memory-holed episode, “Goo Goo Gai Pain,” Homer, presiding over the corpse of Mao, opines that Mao is “like a little angel that killed fifty million people.”

Another character has a stare-down with a tank, recalling the briefly effective “tank man” confrontation with a row of tanks in that fateful June of 1989.

The episode also satirizes the Chinazi determination to erase all discussion of Tiananmen. For instance, the Simpsons see a sign at Tiananmen Square announcing “on this site, in 1989, nothing happened.”

Instead of appeasing Xi’s government, what should Disney do? 

What anybody who is paid to help repress a people and blank out the past: Stop doing that. 

Forfeit the money. 

Stand up for human rights. 

Or lose them.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall international affairs social media

Somebody . . . to Squelch

I AM . . . somebody!

. . . with an officially “restricted” Facebook account.

I’d like to thank my family and friends for always believing in me — even many decades ago when it was unclear if I had what it takes to even get arrested. And now, after repeated validation per that previous metric, comes my crowning Internet-era achievement: running afoul of the information-squelching policy of massive Meta censorship. 

I’m deeply humbled by the recognition. 

“Your post didn’t follow our Community Standards” was all the information provided. It flagged a post of nearly a month earlier.

“Tomorrow is the big day for the first city — London — to take part in the Punjab Referendum organized by Sikhs for Justice,” my October 30th post read. “It will be a long day . . . but so glad to be part of the international commission advising on best practices, monitoring the actual voting and issuing a report.” Five photos of a meeting and a handout promoting the referendum adorned the post. 

An “Account Restricted” label appeared on my homepage with the note: “Only you can see this.” 

The ban stops me from personally “going live” or “advertising” for 30 days. Two things I don’t do. 

But let’s not allow the absurdity of it all to mask what’s happening: Voices that do not fit the official government-induced corporate narrative are harassed and silenced in a major avenue for communication. 

The too-often-violent situation in the Punjab region of India, what many Sikhs call “Khalistan,” is tense. The non-binding, non-governmental referendum I posted about has been outlawed by India’s government. 

Blocking and punishing posts that speak truthfully about a democratic approach to that ugly division hardly solves the problem.

It works in this case (and others) to prevent a peaceful resolution.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights national politics & policies

The Senatorial Suppressor

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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media and media people

The Pushers

They’re skulking around, speaking in furtive tones, lurking in dark places . . . hiding from oversight so they can do their dirty deeds unimpeded.

Who?

The disinformation pushers.

They grab hold of one or more incorrect propositions and, indifferent to how wrong it is to be less than infallible in their utterances, willfully communicate their blunderful asseverations to others.

Some pushers use encrypted services to peddle their verbal wares and evade beneficent censors who want only to help.

Public policy is one of the topics the pushers brazenly yap about. 

Result? Political discourse is a mess, with not everybody agreeing about everything, as they simply must. 

In Brazil, for example, where “Far-Right Disinformation Pushers Find a Safe Place on Telegram,” experts worry that the Telegram messaging app “could become a powerful vector for lies and vitriol before next year’s presidential elections,” explains The New York Times. And that would be regrettable, making for “a tense political moment in the country.”

Thank goodness for the Times, eh? 

Now we finally know that people disagree in Brazil, sometimes indelicately. Even during elections!

Note the unmentioned presuppositions.

First, that there’s no far-left disinformation in Brazil, as anyone who peruses all the inaccessible encrypted messages on Telegram would know.

Second, making do by relying upon better speech as the only way to counter erroneous or dishonest speech is out of the question. 

At least according to the Times

Which, being in the Better Speech/Better Press business, does seem a bit odd.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights ideological culture

Bright Sheng Dimmed

Resolved: pedagogic enthusiasm plus naivety about the likely reactions of the “safe space” brigade shouldn’t be a burning-at-the-stake kind of offense. 

Or any kind of firing offense.

Bright Sheng, University of Michigan professor of composition and survivor of China’s Cultural Revolution, showed his class the 1965 movie “Othello,” which stars Laurence Olivier. Olivier was in blackface. 

Sheng failed to give a trigger warning so that safe-space aficionados could either gird their loins or skip the class.

Uh oh.

As Reason magazine’s Robby Soave notes, Olivier’s use of blackface “was controversial even at the time.”

Given the sub-venial nature of the sin, what might any sane-but-offended student have done? Go up after class and say, “Gee, Professor Sheng, love your class, but shouldn’t you have made some preparatory comment about the blackface? Well, have a nice day.”

But no. It’s got to be a wailing reenactment of Edvard Munch’s painting The Scream, with rabid students (and others) demanding Sheng be booted. No attention to context, no proportionality, no common sense.

Sheng has offered an abject apology, saying, in part, that “time has changed, and I made a mistake in showing the film, and I am very sorry.”

Was the mob demanding his ouster appeased? No. The mob never is.

The professor has for now stopped teaching his class, and the university is “investigating.”

The investigation actually needed, alas, will not be done. What administrators must discover is a backbone.

This is Common Sense. I’m Paul Jacob.


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crime and punishment ideological culture Regulating Protest

“He’s Got a Weapon!”

I have never made but one prayer to God, a very short one: ‘Oh Lord, make my enemies ridiculous.’ And God granted it.

Voltaire

Our enemies are ridiculous. So why do they seem to be winning?

For today’s lesson, catch the pro-trans protests outside the offices of Netflix. Trans activists and a few of Netflix’s own trans employees were protesting the occasion of the online streaming giant’s “platforming” of comedian Dave Chappelle, whose latest special, The Closer, took a few digs at the huge influence that the tiny trans “community” has on American cultural and political life. 

Chappelle referred to the way J.K. Rowling, author of the Harry Potter books, was treated online for defending biological women, declared himself a feminist on “Team TERF,” and talked about a trans friend of his who committed suicide after defending him online in a previous comedy special trans-fracas. 

Did Chappelle say something untrue? Unfunny? Doesn’t matter. What he said, protesters proclaimed, was hurtful.

Each of us will judge all that in our own way. But we should be able to agree on one thing: the way the small protest mob treated one counter-protester was not truthful but very ridiculous

Relevant details: a man attended the event holding aloft a sign saying “We Like Dave” on the obverse and “Jokes Are Funny” on the reverse.

A protester on the trans side of the divide tore up his sign, leaving him holding the naked stick, then shouting, “He’s got a weapon!” The crowd echoed, “He’s got a weapon!”

Activists these days often say “speech is violence” and “words are weapons.” Here, they violently rob a man of his speech and declare what’s left of his attempt a literal weapon. They think they are clever. But they are merely ridiculous.

Not funny like Dave Chappelle.

This is Common Sense. I’m Paul Jacob.


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