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First Amendment rights

Dissidents. Disagreement. Disinformation.

Politicians are ramping up assaults on political disagreement (with them) … only they call the disagreeable data “disinformation.”

The latest is a threatening letter by Democratic Representatives Anna Eshoo and Jerry McNerney to cable companies and digital providers such as Apple and Roku. Sample: “Are you planning to continue carrying Fox News, OANN and Newsmax on your platform both now and beyond the renewal date? If so, why?”

Bottom line: Do more to deprive dissidents of a forum! (Here we loosely define “dissident” as “anyone who disagrees with Eshoo and McNerney.”)

With such epistolary conduct the threat is implied. When congresspeople write a complaint like this, the “gun under the table” is understood. They can make laws or use existing laws — antitrust laws or 10,000 other possibilities in the kit bag of the federal leviathan — to pummel speech-enablers.

On Monday, I noted next month’s scheduled congressional inquisition of Twitter, Facebook and Google CEOs, the third such “hearing” in the last five months. That alone imposes a punishment of sorts … and to what purpose?

As Glen Greenwald cogently points out: “Congress violates the First Amendment when it attempts to require private companies to impose viewpoint-​based speech restrictions which the government itself would be constitutionally barred from imposing.”

Congressmen who oppose what Eshoo and McNerney are doing should take this attack on our right to speak very, very seriously. Government must not silence voices, directly or indirectly. If there’s a battle to pick in defense of our freedom, this is it.

Freedom of speech is our first, last, and most important defense against tyranny. Tyrants have never been fans. We must be. 

This is Common Sense. I’m Paul Jacob.


* It reminds me of President Trump complaining on Twitter about “Fake News out of NBC and the Networks” and asking

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First Amendment rights

Rewriting Amendment Number One

People once wondered — perhaps not very seriously — whether falsely shouting “Fire!” in a theater and telling hit men “Here’s $50,000; you will get the rest when you finish the job” count as speech that should be protected as a matter of right.

They do not. 

And it’s not so puzzling that freedom to exercise a legitimate right does not entail license to violate the rights of others.

But some people are eager to prohibit us from uttering statements that don’t come within twenty parsecs of such alleged quandaries. These censorious ones include big-​tech firms and big DC politicians like, for example, U.S. Senator Richard Blumenthal, a bully urging social-​media firms to crack down harder on the speech of “‘antivax’ groups.”

Such persons seem to think that the First Amendment as presently worded, at least the part protecting freedom of speech, is a big dumb mistake. What would they like it to say instead?

Maybe:

“Congress shall make no law abridging the freedom of speech, or of the press, unless a would-​be speaker wishes to dispute government-​endorsed or Google-​Twitter-​Facebook-​Amazon-​endorsed conclusions about medicine, vaccines, pandemics, masks, lockdowns, transgenderism, euthanasia, abortion, or election fraud; to spend ‘too much’ money on campaign speech; to utter ‘hate speech’ about chess pieces; to speak freely; etc.”

But then the First Amendment would be about as valuable as yesterday’s toilet paper as a bulwark against tyranny. 

Don’t flush our freedom of speech.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights media and media people

Misinformed … or Worse?

“For the third time in less than five months,” journalist Glenn Greenwald writes at Substack, “the U.S. Congress has summoned the CEOs of social media companies to appear before them, with the explicit intent to pressure and coerce them to censor more content from their platforms. On March 25, the House Energy and Commerce Committee will interrogate Twitter’s Jack Dorsey, Facebooks’s Mark Zuckerberg and Google’s Sundar Pichai at a hearing …”

A joint statement by Democrat committee and subcommittee chairs declares: “This hearing will continue the Committee’s work of holding online platforms accountable for the growing rise of misinformation and disinformation.”

Wait — the constitutional authority of Congress does not stretch to holding social media “accountable” for political speech. The First Amendment clearly states that “Congress shall make no [such] law …”

And what Congress is forbidden to do, it cannot threaten and intimidate private companies into doing, instead.

“For the same reasons that the Constitution prohibits the government from dictating what information we can see and read … ‚” Greenwald points out, “it also prohibits the government from using its immense authority to coerce private actors into censoring on its behalf.”

Consider longtime Hillary Clinton aide Jennifer Palmieri’s response to President Trump’s banning by Twitter and Facebook: “It has not escaped my attention that the day social media companies decided there actually IS more they could do to police Trump’s destructive behavior was the same day they learned Democrats would chair all the congressional committees that oversee them.”

Many on the left — and even some libertarians — continue to argue that Congress plays no role in the censorship being carried out by these private Tech Giants. 

They are mistaken — whether because misinformed or disinformed, we can leave to another day.

This is Common Sense. I’m Paul Jacob. 


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First Amendment rights social media

Tracking Big-​Tech Attacks

Instagram is further restricting what users may say in direct messages, and the company will eject any user who utters hate speech. Instagram will also provide information about account holders to UK police.

But what is hate speech? 

Nasty utterances that we’d all agree are hateful. Sure. But it also appears to be disagreeing with someone about “gender identity” or supporting Melania Trump. In other words, “hate speech” is whatever offends the authoritarian sensibilities of whoever operates the delete-​account button at the social-​media giants.

A lot of this has been happening lately.

YouTube has deleted the YouTube channel of LifeSiteNews, a Christian news outlet. 

YouTube and Facebook have banned a documentary about pandemic policies called “Planet Lockdown,” and GoFundMe has cancelled a fundraising campaign for the film.

China will start accrediting reporters based on their social media histories, and it will penalize companies who employ unaccredited reporters. “Citizen journalists” (people with cell phones) will also have to be accredited.

Every day, tyrannical governments and their private-​sector allies — the big-​tech hall monitors now dropping all pretense of providing neutral forums — act to smother discussion and dissent on the net. In self-​defense, we need to know about these anti-​speech efforts. But keeping track is a big job. 

Fortunately, ReclaimTheNet is doing this big job for us. Its regular e‑letter (subscribe here) reprints the latest stories published on their website. 

This job has to be outsourced, as far as I am concerned. Were I to report on all of it here, I wouldn’t be able to talk about anything else.

This is Common Sense. I’m Paul Jacob.


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social media

Fired for Being on Parler

Is the desire to speak freely a bad thing?

In tweets now “protected” from public view, Jennifer De Chiara, president of Jennifer De Chiara Literary Agency, professed distress upon learning “that one of our agents has been using the social media platforms Gab and Parler. We do not condone this activity.”

Her agency, she added, works “to ensure a voice of unity, equality, and one that is on the side of social justice.” So “Colleen Oefelein is no longer an agent at The Jennifer De Chiara Literary Agency.”

This announcement came some weeks after Oefelein reported (on Twitter) that she’s “now also posting on Parler. It’s a great platform with no censorship!”

Tech giants like Twitter and Facebook have become increasingly brazen about banning users for uttering wrongthink. Hence the appeal of pro-​free-​speech alternatives like Parler and Gab.

De Chiara and Oefelein certainly disagree on the exact reason for the firing. Oefelein says it was for being “a Christian and a conservative.”

Of course, their two explanations are not mutually contradictory.

Anyway, it is significant that De Chiara explains the firing by specifically citing Oefelein’s use as such of a pro-​free-​speech platform. Also significant is that her explanation includes nothing to the effect that Oefelein expressed anything even so much as politically incorrect … or, let’s note, that she was bad at her job.

One apt response to deplatforming is shunning, the boycott of (in this case) the Jennifer De Chiara Literary Agency. If you are an author or agent working with the agency and you disapprove of such retaliation against the desire to speak freely, find another agency.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture media and media people

Gun Group Deplatformed

Mailchimp is an “all-​in-​one integrated marketing platform” that helps businesses send newsletters and other email to customers, prospects, and supporters. In January it blocked the Virginia Citizens Defense League from sending email to members about an annual rally in defense of gun rights and told the organization to get lost.

Some help.

According to the president of the Defense League, Philip Van Cleave, “There was no justification. They provided nothing. Basically, they just said we need to get our stuff and be prepared to move on.”

Well, Mailchimp’s boilerplate letter did also state that its “automated abuse-​prevention system, Omnivore, detected serious risks associated with [your] account. . . . This risk is too great for us to continue to support the account.”

What risk? Oh, why bother to specify. The point is, the automated system detected it. I’m guessing that certain scary words were flagged, like “gun,” “Second Amendment,” “Constitution,” “rights.”

It seems that any kind of assembling on behalf of certain constitutionally protected rights or to petition for redress of grievances is to be regarded as a rationale for summarily ejecting politically right-​leaning customers — at least by firms going along with this accelerating strategy to abet repression.

Mailchimp has violated the terms of service upheld by those who respect freedom of speech and do not respect arbitrary assaults on costumers. If you’re using it, look for an alternative.

The Defense League’s “Lobby Day” rally was peaceful again this year — as the group’s website informs, “just a lot of patriots sending a strong message to the General Assembly to keep their hands off our gun rights.”

This is Common Sense. I’m Paul Jacob.


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