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First Amendment rights international affairs social media

Give Mr. Bean Another Hearing

Twelve years ago, Rowan Atkinson of “Mr. Bean” fame took a stand against a law that criminalizes “insulting” speech. He was participating in a campaign to reform Section 5 of the Public Order Act of 1986.

In his remarks launching the campaign, recently resurrected on Twitter, Atkinson said that his concern was less for himself as a person with a high public profile than “for those more vulnerable because of their lower profile. Like the man arrested in Oxford for calling a police horse gay. Or the teenager arrested for calling the Church of Scientology a cult. Or the café owner arrested for displaying passages from the Bible on a TV screen.”

And what about the thousands of cases that “weren’t quite ludicrous enough to attract media attention? Even for those actions that were withdrawn, people were arrested, questioned, taken to court and then released.… That is censoriousness of the most intimidating kind.…”

And he said more than this. Luckily it’s recorded.

This effectively delivered argument, forceful and often funny, by a well-​known personality, had its effect. The Reform Section 5 campaign succeeded. The law was amended.

But the victory, though important, was narrow. And, since that win, sweeping assaults on speech that offends somebody or other continue in Britain, the United States, and other Western countries where people should know better than to emulate the censorship of authoritarian governments to which we aspire to provide an alternative. We’re going to need a lot more funny speeches.

Because this threat to freedom is so serious.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture international affairs

EU to Axe X?

Sandro Gozi, European Union parliament member, wants Elon Musk’s Twitter operation gone. Out of the European Union.

Not no matter what. Only if Twitter — “X” — keeps flouting the EU’s censorship rules.

Gozi says: “If Elon Musk does not comply with the European rules on digital services, the EU Commission will ask the continental operators to block X or, in the most extreme case, force them to completely dismantle the platform in the territory of the Union.”

Oh dear.

This threat comes right after EU official Thierry Breton’s threatening letter to Musk about his impending Twitter interview with Donald Trump. Musk told Breton to “[obscenity deleted]” and proceeded with the interview. Other EU arbiters of speech quickly dissociated themselves from Breton’s threat.

So maybe Gozi’s confidence about what fellow EU commissars will do if Musk does not play ball is misplaced. Perhaps the others will think about how Twitter users throughout Europe would react if their X accounts became “ex-” accounts.

Various Italian officials, Gozi’s countrymen, roundly repudiated his gabble.

“Silencing the voice of millions of people in order to strike out at those who think differently from them?” challenged Italian Deputy Prime Minister Matteo Salvini. “Unacceptable and disturbing.”

The political party of Giorgia Meloni issued a statement saying that the “contemporary left [are] allergic to opinions that are not aligned with their mainstream, and inquisitors of anyone who does not submit to their suffocating cloak of conformism.”

Elon Musk likely sees the truth: this fight is winnable.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture international affairs

Elon Musk’s Right Answer

“By the rules of the complicated pretense which all those people played for one another’s benefit, they should have considered his stand as incomprehensible folly; there should have been rustles of astonishment and derision; there were none; they sat still; they understood.”

These words are from a scene in Atlas Shrugged in which beleaguered industrialist Hank Rearden rejects “this court’s right to try me” and refuses to put on a defense. Thereby giving the best defense of all.

Elon Musk didn’t give a speech.

Instead, when an EU muck-​a-​muck, Thierry Breton, sent him a letter on the eve of Musk’s Twitter interview with presidential candidate Donald Trump, a letter babbling about dire consequences for Twitter if it were to “amplify potentially harmful content [i.e., any deviation from current government dogma] in connection with events with major audience around the world,” Musk responded with a quote and a clip from the movie Tropic Thunder.

Other EU officials are now rushing to disavow Breton’s letter, widely castigated as an attempt to interfere with the U.S. election.

I can’t repeat the line Musk quoted, because we don’t use cuss words here. If you don’t like to hear such words, don’t click into the video clip. Just don’t go there.

Mega-​magnate Elon Musk is often badly wrong about China. But when he’s right, he’s right. Even super right. 

And we need a million more CEOs to be thus willing to stand up to regulators foreign and domestic.

This is Common Sense. I’m Paul Jacob.


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general freedom ideological culture Second Amendment rights

Another Disability for Paralympians

The Paralympic Games, being held this year from August 28 to September 8, in Paris, are a “major international sports competition for athletes with disabilities.” 

We should cheer their efforts — not undermine them.

Meta’s Instagram apparently disagrees. In mid-​July, Instagram restricted the account of McKenna Geer, member of the American shooting team, so that it could be viewed only by current followers.

The “problem” seemed to be that she had posted photos of herself in competition. With firearms. For similar reasons, Instagram has also censored the accounts of other athletes. (Skittishness about pics of guns may be why an Olympics​.com photo of an Indian athlete “shooting” shows only head and arm.)

When the restrictions were imposed, Geer observed that she and other athletes use social media to spread the word about their sport and firearm safety, “build our personal brand, and connect with potential sponsors.” Her livelihood and ability to continue shooting competitively were thus at stake.

Geer’s Instagram account is again accessible to non-​followers. But the problem has not been resolved permanently. As aaronalvarado asserted at her account, “a bad AI program with no monitoring” may be to blame. “We appeal and the program shadow-​bans everything.”

If so, at least a human being is not consciously choosing to censor Geer or other athletes because they shoot competitively. But somebody wrote the programming. And Meta must be aware of these problems. 

It’s time to remove the “guns bad, context irrelevant” line of code.

This is Common Sense. I’m Paul Jacob.


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ballot access election law insider corruption partisanship

Degrading Democracy, CNN-Style

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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