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free trade & free markets regulation

Debanking Disallowed

President Trump has issued an executive order telling banking regulators to cut it out already.

The order, “Guaranteeing Fair Banking for All Americans,” takes aim at Biden-era regulations that pushed banks to “debank” clients who had the “wrong” political viewpoints: supporters of the First Amendment, the Second Amendment, or whatever aspect of individual rights and freedom the Biden administration was most insistently opposed to.

One key passage requires regulators to “remove the use of reputation risk or equivalent concepts that could result in politicized or unlawful debanking . . . from their guidance documents, manuals, and other materials . . . used to regulate or examine financial institutions over which they have jurisdiction. . . .”

The order also takes aim at banks. It requires regulators to identify financial institutions that have engaged or still engage in “politicized or unlawful” debanking practices and “to take appropriate remedial action” against the banks, including possibly “levying fines, issuing consent decrees, or imposing other disciplinary measures.”

Overall, the order represents a welcome 180 turnabout in very recent policy. The one problem I see, though, is that no clear attempt is made to distinguish between banks that were gung ho about clobbering politically unhip account holders and those that went no further than what they were pushed by Biden regulators to do.

Of course, one could always take a stand and do the right thing despite being threatened. Like the way the debanked individuals and institutions fought for what they believed in despite the risk of being debanked.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights international affairs Internet controversy

UK Targets Wikipedia

It would be nice if Wikipedia were suing to challenge the United Kingdom’s entire Online Safety Act, not just the provision that most directly targets Wikipedia. 

Better something than nothing, however.

As Wikipedia describes it, the Act “creates a new duty of care for online platforms, requiring them to take action against illegal content, or legal content that could be ‘harmful’ to children where children are likely to access it. Platforms failing this duty would be liable to fines of up to £18 million or 10% of their annual turnover, whichever is higher.”

The Wikipedia Foundation objects to being classified as a category 1 service under the Act, a designation that imposes digital ID requirements on its contributors.

“Privacy is central to how we keep users safe and empowered,” says Phil Bradley-Schmieg, lead counsel for the Wikipedia Foundation. “Designed for social media, this is just one of several category 1 duties that could seriously harm Wikipedia.”

“Designed for social media” — in other words, do it to the other guys, not us.

“Volunteer communities working in more than 300 languages could be exposed to data breaches, stalking, vexatious lawsuits, or even imprisonment by authoritarian regimes,” Bradley-Schmieg adds.

True. But won’t those risks also be faced by those who surf in to say something on a social media platform and suddenly find themselves confronted with age-verification — ID — demands?

We need a tsunami of lawsuits against the UK’s global assault on privacy and freedom of speech.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights social media

Website Suppression

Censors are on the march . . . seemingly everywhere. Strike them down one place, they pop up three others. 

Or, in the U.S., two: the House and the Senate. 

“Earlier this year, U.S. Rep. Zoe Lofgren introduced a new pirate site blocking bill, titled the Foreign Anti-Digital Piracy Act,” we read at Torrent Freak, which goes on to tell us that, in late July, “a similar proposal was introduced by Senators Tillis, Coons, Blackburn, and Schiff. The bipartisan bill, titled Block Bad Electronic Art and Recording Distributors (Block BEARD), aims to introduce a legal mechanism for rightsholders to request site blocking orders.”

Ostensibly, the Block BEARD Act targets websites accused of harboring pirated materials.

But Reclaim the Net observes that the legislation would establish “a formal, court-approved process that could be used to make entire websites vanish from the American internet.” ISPs would have to obey orders to take down websites.

Once government has this new means of torpedoing websites, what counts as prohibition-worthy content could easily expand. The bill doesn’t require transparency, so the public would not have to be told what sites are being blocked.

Or why. 

Or for how long.

Reclaim the Net points to how easily the “takedown notice” provision of the 1998 Digital Millennium Copyright Act has been weaponized to censor content in the name of protecting copyright. Everyone from artists to political activists have had content scrubbed because of DMCA notices for work “that clearly falls under fair use, commentary, or criticism.”

Platforms eager to avoid liability delete content even when a DMCA claim is clearly illegitimate. Then publishers must engage in a time-consuming legal process to maybe obtain permission to restore the censored material.

If the Block BEARD Act is enacted, suddenly whole websites, not just individual pages, could be unjustly disappeared so skittish ISPs can avoid liability. Can we trust the U.S. government — and various disgruntled people — to possess that power?

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom international affairs

UK as China’s Thumb Puppet

British police do some good things. In 2023, officers were credited with reducing the number of phone snatchings by punks on mopeds. Great.

Let’s have more of that, less of telling victims of totalitarian dictatorship to shut up for their own good.

The UK police wanted expatriate Hongkonger Carmen Lau, a pro-democracy activist and former Hong Kong politician who has been living in Britain since 2021, to stay out of trouble with China. So in March, London bobbies asked her to sign a “memorandum of understanding” obliging her to avoid public gatherings and “cease any activity likely to put you at risk.”

What activity? 

Not hang gliding.

The sickening effort to muzzle Lau came after neighbors got letters “offering a £100,000 bounty (US$131,947) for information on her movements” leading to her arrest by Hong Kong’s Chinese Communist Party authorities.

Hong Kong denies sending the letters. But in 2024, it placed bounties on the heads of six pro-democracy activists, including Lau, who had fled overseas in the wake of China’s repressive national security law of 2020, which targeted Hong Kong liberties.

Lau felt constrained to submit to the police request when they came to her door but has continued to speak out. “A truly democratic response should center on protecting the rights of those targeted, not advising them to retreat from public life,” she says.

Responding to the revelations, Thames Valley police say that they’d never “confirm or deny safeguarding tactics that we may or may not use. . . .”

Is this the free world? Not if under China’s thumb. 

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights

The Bobbies That Say NIII

In Great Britain, you can get police to show up at your door just by posting an unauthorized opinion on social media.

Things are about to get worse. By talking about it online, Britons who think that the country has an immigration problem could draw the attention of a new police unit, National Internet Intelligence Investigations.

Saying “we’ve got to protest about this” will probably cause the sirens to go off.

Chris Philp, the shadow home secretary, says the government is trying “to police what you post, what you share, what you think” because it “can’t police the streets. . . . Labour have stopped pretending to fix Britain and started trying to mute it.”

However, this kind of thing happened under the Tories too.

People still speak their minds in the UK. They aren’t yet used to regarding their political opinions as prenatal forms of criminal activity.

One could use social media to plan or boast about what everybody agrees is a crime. A thug might post video showing how he beat somebody up. Bank robbers might share bank-robbery plans on Facebook. Criminals tend not to do these things. But if they did, for real (that is, they’re not play-acting), who could object if the police inspect the incriminating posts and take appropriate action?

But what’s happening in the UK is not that. 

It’s an attempt to prevent social unrest by finding expressions of dissent and pretending to divine which speech-crime will lead to protest-crime.

It requires Big Brother Bobbies.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights international affairs

Brazilian Censors Banned!

The American government — after years of nurturing a censorship agenda in the South American country — is now penalizing Brazil’s super-censor Supreme Court justice, Alexandre de Moraes, along with various colleagues, for imposing censorship demands on U.S. companies.

The U.S. State Department revoked their visa privileges, preventing them from entering the United States. The general policy had been introduced May 28, when Secretary of State Rubio announced that it would apply to “foreign officials and [other] persons . . . complicit in censoring Americans.”

By then a UK police commissioner, Mark Rowley, had threatened to “come after” Americans who violate UK “hate speech” laws.

The Trump administration “will hold accountable foreign nationals who are responsible for censorship of protected expression in the United States,” Rubio says.

“Brazilian Supreme Federal Court Justice Alexandre de Moraes’s political witch hunt against Jair Bolsonaro created a persecution and censorship complex so sweeping that it not only violates basic rights of Brazilians, but also extends beyond Brazil’s shores to target Americans.”

Bolsonaro, a former president of Brazil, is on trial for allegedly seeking to overturn the country’s 2022 presidential election. He has been prohibited from posting on social media or communicating with others under investigation. 

One on this no-contact order is his own son, Eduardo Bolsonaro, currently living in the U.S.

Having ordered social media platforms Rumble and X(-Twitter) to censor opposition figures, Justice Moraes acted to block both services from operating in Brazil when the platforms disobeyed him.

“Free speech,” said X’s Elon Musk, “is the bedrock of democracy and an unelected pseudo-judge in Brazil is destroying it for political purposes.” 

It’s a wonderful thing to have our government once again defending democratic free speech — from its enemies foreign and domestic.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Fourth Amendment rights privacy too much government

What Does the FBI Do?

“The FBI began surveilling a Catholic priest in 2023,” wrote James Lynch last week, “after the clergyman refused to divulge details about a recently arrested parishioner who was converting to Catholicism and seeking spiritual guidance.”

The agency’s Richmond Field Office “tracked the priest’s movements and coordinated with several other FBI offices and a foreign law enforcement agency to gather intelligence on the clergyman and his priestly organization,” Lynch summarizes.

This is all based on a new House Judiciary Committee report entitled “How the Biden-Wray FBI Manufactured a False Narrative of Catholic Americans as Violent Extremists.” *

“The FBI attempted to violate the priest-penitent privilege,” the report continues, “on the faulty reasoning that the Richmond subject under investigation seeking spiritual guidance had not been baptized or completed catechism.”

You may be asking yourself, is the FBI out of its mind?

Certainly, out of this hemisphere. Consider that FBI agents have also extended their reach way beyond U.S. borders to focus on wrongthink elsewhere.

According to investigative journalist David Ágape, “the FBI has helped Brazil censor its citizens,” working with the Soros’ Open Society Foundation to promote censorship in Brazil and a secret judicial police force targeting “people deemed to be spreading false information.”

Was the FBI nurturing censorship in foreign lands to later re-import them here?

From its beginning, the Federal Bureau of Investigation has had trouble staying within constitutional limits. I guess we should not be shocked that it doesn’t obey jurisdictional limits, either. 

Hopefully, Director Kash Patel will rein in the agency. It won’t be easy.

This is Common Sense. I’m Paul Jacob. 


* According to the committee, “The report reveals that contrary to testimony from former Federal Bureau of Investigation (FBI) Director Christopher Wray, the 2023 Richmond memorandum that derisively labeled traditional Catholics as ‘racially or ethnically motivated violent extremists’ was not an isolated incident. Under the new leadership of Director Kash Patel, the FBI has cooperated considerably with the Committee’s subpoena, and has produced over 1,300 pages of additional documents related to the Richmond memorandum that the Biden-Wray FBI did not disclose.”
Note: You can also mouse-over the asterisk in the main text to see the footnote.


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media and media people national politics & policies subsidy

Propaganda Shoved Where?

The continued existence of “public radio” and “public television” is out of place in these United States. Not because it’s partisan — all news vendors tend to toe some partisan line — but because it’s partisan and taxpayer subsidized.

Though NPR aficionados tend to downplay the subsidies to NPR and PBS, what public media boosters have more consistently done is deny the partisanship

They have no standing any longer — if the evidence of our senses weren’t enough. 

In “The Bell Finally Tolls for National Public Radio,” Matt Taibbi explains how the media behemoth’s CEO Katherine Maher admitted NPR’s and PBS’s partisanship in her defense of it.

That won’t help her case in Congress, though, notes Mr. Taibbi. 

While the New York Times insists that tax-funded “public” media “improves the lives of millions of Americans” and “strengthens American interests” (presumably by being relentlessly progressive), it has no defense to Taibbi’s indictment: the branches of the Corporation for Public Broadcasting have taken “the country’s signature public news shows into an endless partisan therapy session, a Nine Perfect Strangers retreat for high-income audiences micro-dosing on Marx and Kendi.”

Taibbi makes clear just how annoying the dish served by CPB/NPR/PBS is, the entities seeing no “problem with taking funds from a huge plurality or even a majority of citizens and pursuing a nakedly politicized, ear-splitting propaganda project in opposition to the views of those people. NPR is the vegetables we refuse to eat, administered up a different entrance for our own good.”

I was thinking about the blight upon our eyes and ears and reason, but point taken.

De-fund National Public Propaganda immediately.

This is Common Sense. I’m Paul Jacob.


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national politics & policies privacy

The State vs. Our Privacy

The policies of the new Trump administration have given us only partial reprieves from the war on freedom of speech.

The war is still chugging along. It extends even to our most private communications, including those now hidden from prying eyes by encryption. Revived legislation in the U.S. Senate threatens the providers of such encryption.

Reclaim the Net’s Dan Frieth observes that under the STOP CSAM Act of 2025 (S. 1829), which targets “child sexual abuse material,” providing a “secure, privacy-focused service could be interpreted as ‘facilitating’ illegal activity, regardless of whether the provider can access or verify the content being transmitted.”

The legislation stipulates that providers may defend themselves from charges of “facilitating” illegal activity by showing that it is “technologically impossible” to remove CSAM without disabling their encryption. But firms would still often have to go to court to make this case, and “many platforms may adopt invasive scanning out of fear, not necessity, just to avoid liability, with real consequences for privacy and user trust.”

Defaulting to routine invasive scanning means an end to providing users with encryption, including users threatened by despotic regimes.

Current law already requires platforms to report known examples of material that entails the sexual abuse of children.

Any good or service that can be put to good use can also be put to evil use. Just as we shouldn’t penalize the makers of knives, forks, mail, curtains, roads, and guns for their use by criminals, the makers of encryption services should also not be so punished.

Nor should we grant to government bodies such a frightening dystopian power, accumulated to override our basic freedoms.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights international affairs

Leave Our Speech Alone

Secretary of State Marco Rubio has announced that foreign officials who act to censor U.S. speech on U.S. soil won’t get visas.

They shouldn’t “issue or threaten arrest warrants on U.S. citizens or U.S. residents for social media posts on American platforms while physically present on U.S. soil. . . . [Or] demand that American tech platforms . . . engage in censorship activity that reaches beyond their authority and into the United States. We will not tolerate encroachments upon American sovereignty, especially when such encroachments undermine the exercise of our fundamental right to free speech.”

The policy is the least the U.S. can do to combat despots of even “friendly” countries who target speech in the U.S. or demand that U.S. firms abet local repression.

It would also be reasonable to tie trade agreements to willingness to abstain from censoring U.S. speech and bullying U.S. companies that protect speech and privacy. But a White House report on a recent agreement with the UK says nothing about these matters.

American companies have sometimes withdrawn from foreign markets or offered truncated products rather than cooperate with censorship or surveillance. When Britain demanded a global back door to iPhone encryption, Apple removed an encryption feature from iPhones for users in the UK. Better than rendering the feature useless everywhere in the world.

But it would be better still if a country like the United Kingdom simply agreed to leave us alone. Pretend we’re allies and so forth; pretend that they, too, think freedom is a good thing.

This is Common Sense. I’m Paul Jacob.


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