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First Amendment rights

Fake News; Real Assault

I don’t defend the way Twitter, Facebook, and others target users for expressing views that these firms dislike. I do defend the individual rights of all persons, including owners of companies. Our freedom to act includes the freedom to act in ways others consider to be wrong — if we do so while respecting the (actual) rights of others.

But something is extra-​disturbing about the way Facebook, Google, Apple, Spotify, etc. (though not Twitter) ejected Alex Jones from their platforms. The firms apparently obeyed journalists and politicians demanding InfoWar’s ouster for purveying “hate speech.”

And now: “These companies must do more than take down one website,” intones incumbent U.S. Senator Chris Murphy.*

Such statements aren’t laws. But every company must worry about the arbitrary government power that incumbents like Murphy can deploy. And fellow U.S. Senator Mark Warner’s leaked paper on the dangers of technology-​abetted fake news tells us we’re in for a more direct assault on free speech.

“The size and reach of these platforms demand that we ensure proper oversight, transparency and effective management of technologies that in large measure undergird our social lives … and our politics,” says the plan. The goal is to “ensure that this ecosystem no longer exists as the ‘Wild West’,” i.e., unfettered by government.

So … the idea is to rescind that wild First Amendment? 

I would sooner press for a new law penalizing politicians who threaten the liberty of firms on the basis of catering to the “wrong” customers.

But there is no crying need for this. Let’s stick with “Congress shall make no law …”

This is Common Sense. I’m Paul Jacob.

 


* These companies did not take down a website, by the way. Alex Jones’s InfoWars​.com appears to be going gangbusters. Those companies ousted InfoWars from their Web services. This is a distinction with a difference.

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First Amendment rights general freedom ideological culture media and media people

The Opposite of Infowars

Yesterday’s big story? Several major social media platforms have de-​platformed Alex Jones and his Infowars opinion (“information”?) show. 

Most commenters about this happening hasten to signal to their audiences that they do not approve of Alex Jones. Is this really necessary? When we consider a mass de-​platforming event, do we need to belabor the obvious? 

I hazard that even most of Jones’s viewers and listeners agree with a small amount of what he says. Jones is more like Jon Stewart and Cenk Uygur, a performer whose rants entertain most of all. In his case, because he says things no one else will, Infowars makes for a bracing … alternative.

It should also go without saying that private platforms like Facebook, YouTube and Apple, who are the main players to kick Jones to the curb of the Information Super-​Highway, have the right to include or exclude anyone they want. As Robby Soave at Reason put it, these “companies are under no obligation to provide a platform to Sandy Hook conspiracy theorizing, 9/​11 trutherism, or any of the other insane ideas Jones has propagated.”

But Soave does worry about the goofy rationales provided for the exclusion.

As do I. And it is not just that the proffered reason, “hate speech,” is, as Soave explains, vague, unanchored to any offered specific offenses.

But it’s worse. This whole exclusionary move is not about hate speech. Everyone knows this.

It’s about suppressing ideas that are (a) popular and (b) despised by the dominant culture.

And these insiders seem at a loss to confront Jones’s farragoes with better ideas, failing to provide “counter info” in their war on Infowars. 

They strike below the belt.

This is Common Sense. I’m Paul Jacob.

 


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Accountability First Amendment rights folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government U.S. Constitution

Freedom “Weaponized”

Justice Elena Kagan has a way with words. The conservative majority on the court, she said after two recent rulings, is “weaponizing the First Amendment.”

What a phrase! But what does it mean? 

“Conservative groups, borrowing and building on arguments developed by liberals,” explains The New York Times, “have used the First Amendment to justify unlimited campaign spending, discrimination against gay couples and attacks on the regulation of tobacco, pharmaceuticals and guns.”

First: if “liberals” now find themselves not supporting the idea of particular freedoms, or freedom in general, are they really “liberal”?

Second: “borrowing arguments” is what we expect to happen. Logic isn’t partisan.

Third: the point of the Bill of Rights is to “weaponize” the defense of freedom.

Remember, it is freedom of speech; freedom of the press; freedom of association; freedom of exercising one’s religion. The First Amendment weaponizes their defense by disallowing Congress from legislating against them.

Now, it has long been a “problem” that these listed freedoms blend together. They all work together or don’t work at all. And each points to freedom more broadly.

Kagan wants to read freedoms narrowly — though liberals historically have, indeed, read them broadly.

She’s objecting to two recent rulings. The first prohibits states from requiring pregnancy centers to talk up abortion options to their clients. An obvious free speech issue. The second prohibits governments from backing unions in their extraction of “agency fees” from non-​members. An incontrovertible issue of freedom of association.

Kagan and The New York Times apparently think that “liberalism” means defending some freedoms in some contexts, but denying freedom in others.

This is Common Sense. I’m Paul Jacob.

 


 

Illustration by Newtown grafitti

 

Categories
crime and punishment general freedom ideological culture moral hazard nannyism political challengers privacy Regulating Protest too much government

Don’t Enable Tyrants

If I deliberately help somebody to do evil things — and nobody is holding a gun to my head — I am thereby doing evil myself.

A person should not let himself be in that position. Not even if he’s “just doing my job” and looking for a non-​evil job would be demonstrably inconvenient. To have a motive for doing a bad thing is not by itself exculpatory.

What provokes this observation is a newly amplified assault by the Venezuelan government on the rights of its citizens. The government is seeking to violate the right to peacefully read stuff on the Web by blocking Tor software, which allows users to elude government surveillance and reach banned websites.

Venezuelan dictators Chavez, now dead, and Maduro, still there, have never hesitated to stomp freedom in the name of a spurious greater good. Somebody like Maduro is certainly unscrupulous enough to go after Tor for thwarting censorship. So he fulfills that requirement. I doubt that he possesses very extensive programming ability.

Tor may not be perfect, but it’s pretty robust. You need substantial resources, such as those at the disposal of a government, to stop it. You also need to know what you’re doing. The coders on Venezuela’s stop-​Tor team are probably smart enough to grasp the purpose of their work.

They and all other such collaborators should defect to the other side: that of programmers working to protect innocent people from government-​sponsored cyber-assault.

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment general freedom ideological culture media and media people moral hazard nannyism national politics & policies privacy Regulating Protest Second Amendment rights U.S. Constitution

Brownells Defends Itself

I’m glad to be able to say this: Brownells has, present tense, a YouTube channel. Especially glad because, on June 9, Google had shut that channel down without warning or explanation.

Brownells is a family-​owned supplier of firearms, firearm parts and accessories, gunsmithing tools, and emergency gear. Well-​known and well-​regarded by shooters, hobbyists and gunsmiths, the company has a website and a YouTube channel that serves as a “portal to everything shooting and hunting,” as Pete Brownell explains.

Brownells’ YouTube channel is substantial, with almost 1,800 instructional videos and some 71,000 subscribers. Patrons stress that there’s nothing outré, radical, or offensive about the offerings — unless you’re reflexively anti-​Second Amendment, I guess. 

We’ve got no smoking gun in the form of an explicit admission from Google. But we may plausibly suspect that the firm terminated this YouTube channel for ideological reasons. Perhaps Google shot from the hip here in reaction to the recent spate of school shootings, without pausing to properly distinguish between promoting responsible gun ownership and promoting murder.

We may also never know whether Google expected Brownells to meekly accept the arbitrary snuffing of a resource it had spent so much time and energy developing. In any case, Brownells used Twitter and other forums to urge supporters to call Google and object.

The self-​defense paid off. On June 11, Google undeleted the channel. The protests against injustice must have been too many to ignore. 

YouTube is no longer a mere platform for video sharing. It has taken political controversy and complaints as excuses to editorialize.

Were it a government, I’d say “censor.”

This is Common Sense. I’m Paul Jacob.

 


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Categories
Accountability First Amendment rights general freedom local leaders media and media people

The Steps Beyond Argument

Rob Port’s job is to have an opinion. Opinions breed counter-​opinions. Unfortunately, they sometimes conjure up concerted campaigns to pressure opinion-​makers to shut up.

So, no surprise that his reporting — on his radio talk show and in print — on the doings and not-​doings of North Dakota’s junior U.S. Senator, Heidi Heitkamp, a Democrat, has riled up nasty “feedback.”

Earlier this month, Mike McFeely, a “left of center” columnist at the Fargo Forum, where Port also writes, published a column calling Port’s “obsession” with Heitkamp “suffocatingly limited and boring” and acknowledging, “I have often voiced my concerns about the one-​trick-​pony nature of Port to my bosses.”

Port notes that McFeely’s criticisms are based on subject matter, not content, and suggests that journalism doesn’t spend too much time holding politicians accountable.

It gets nastier, though. Senator Heitkamp’s brother, Joel, is also in the radio business, managing a competing station and hosting one of its morning programs. Mr. Heitkamp got his mitts on Mr. Port’s divorce papers and tweeted out, “The #FargoForum is paying him 71K for part time work! What do the full-​time employees get? #Wow #790KFGO #wishicould.”

Meanwhile, here comes the Senate Leadership Fund, associated with Senate Majority Leader Mitch McConnell (R‑Ky.), to suggest the FCC remove Heitkamp’s station’s license due to his advocacy for his sister’s campaign.

Port, for his part, objects to the corrupt “help.”

“The FCC really has no grounds for getting involved,” he argues. “Free people should be allowed to speak freely.”

In the chaos of our current political battles, Rob Port stands on principle, offering equal freedom to his sleazy opponent.*

This is Common Sense. I’m Paul Jacob.

 


* For the complete story, check out this weekend’s Townhall column, and the links at the column’s splash page.

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