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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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litigation

A Million from Michael Mann

Things aren’t working out for Michael Mann. The infamous “climate scientist” has been pursuing a years-long vendetta against critics of his methods and conclusions, and it’s been a bumpy ride.

Mark Steyn and Rand Simberg accused him of manipulating data “in the service of politicized science.” Instead of answering the criticism, Mann treated it as actionably defamatory.

In 2012, Mann launched a lawsuit against Simberg (of the Competitive Enterprise) and Steyn (then writing for National Review).

National Review observes that the criticism which offended Mann “was obviously protected by the First Amendment,” so that his suit should have been scuttled immediately.

Instead, judges antagonistic to free speech when they find the speech uncongenial enabled Mann’s litigation to trundle on for years.

The story gets complicated, as touched upon a few months ago. In 2021, the tide seemed to be turning in favor of Steyn and Simberg, with a court issuing a favorable summary judgment. But in January 2024, a jury found Steyn and Simberg liable for defamation. The awards? Steyn was ordered to pay $1 in compensatory damages and $1 million in punitive damages, Simberg to pay $1 in compensatory damages and $1,000 in punitive damages.

That insane $1 million amount was later reduced to $5,000.

Now it is Mann taking the hit, with rulings that he must pay about a million bucks in legal fees to CEI and Rand Simberg ($477,350) and National Review ($530,820).

National Review urges Michael Mann to finally relinquish his authoritarian quest lest he lose even more. 

Will he? It would be irrational to continue, but it was irrational at the start.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture

Antidemocracy in Maine

Laurel Libby, a Republican state legislator in Maine, has been censured by Democrats in the Maine House of Representatives for a February 17 social media post in which she expressed disapproval of allowing “trans” girls (boys) to compete in high school sports for girls.

The alleged reason for the censure? Her post mentioned the winner of a girls’ track championship who is publicly known to be the winner and publicly known to be male.

Censuring Libby for stating her views would be bad enough. But the legislature went beyond putting its disapproval (or the Democratic majority’s disapproval) on record.

Representative Libby isn’t being allowed to speak as a representative during session. And she’s not being allowed to vote until she apologizes. 

For stating her views on a public question. 

Nor was she even allowed to defend herself when the House voted along party lines 75-70 to censure her.

This qualifies as tyranny, another mile down the slippery slope of eroding — or dynamiting — democratic norms and practices. The tyranny is not that of an autocrat but of the majority. In this case, the tyranny of a majority of partisans in a legislature.

It is also an attack on free speech. As the Foundation for Individual Rights and Expression observes, people elect representatives to “vote according to their conscience and express themselves freely on controversial topics.”

Rightly, Laurel Libby has refused to remove the Facebook post criticizing the policy of the Maine Principals’ Association. Wrongly, her constituents continue to be deprived of her voice and vote in the legislature.

She is asking the U.S. Supreme Court to redress this injustice. Let it act, and fast.

This is Common Sense. I’m Paul Jacob.


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general freedom international affairs media and media people

Europe, Land of the Free?

The Economist has declared Europe the Land of the Free.

One proof is that in Europe, no tech oligarchs are “spending their weekends feeding bits of the state ‘into the wood chipper.’”

This is an ill-considered allusion to the efforts of Elon Musk and the Department of Government Efficiency to reduce the bloat and fraud in U.S. government spending. And the trillions in U.S. federal debt. Which are unsustainable. Because magic doesn’t work.

“Europeans can say almost anything they want, both in theory and in practice.” 

In Britain you can be arrested or jailed for praying, tweeting a wrong-thinking tweet, reading from the Bible, holding up street signs.

Nor is freedom of speech safe in Germany. To prove the continent’s theoretical and practical freedom of speech, The Economist piles up carefully unelucidated half-truths but declines to cite, for example, the conviction of German journalist David Bendels.

In February, Bendels, the editor in chief of Deutschland-Kurier, published a satirical post slamming a German minister, Nancy Faeser, for opposing freedom of speech. An obviously doctored photo showed Faeser with a sign saying “I hate freedom of speech.” Faeser, who loves freedom of speech, filed a criminal complaint after being alerted by German police, who also love freedom of speech.

Bendels has been fined 1,500 pounds, given a suspended prison sentence of seven months, and ordered to apologize. 

He is appealing the verdict, and others are fighting the law under which he was prosecuted.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights international affairs Internet controversy social media

X Marks the Censor

The European Union’s censors are outraged that Elon Musk’s social media platform, Twitter-X, flouts their demands to gag users.

So they’re gearing up to fine X more than a billion dollars. The EU will also be demanding “product changes.”

Another EU investigation reported by The New York Times “is broader and . . . could lead to further penalties,” but amounts to the same thing: punishing Musk’s free-speech company for disobeying orders to prevent and punish speech.

All this is rationalized by a new EU law to compel social media platforms to police users. One would be hard put to find a clearer case of governmental censorship-by-delegation. It’s not even taking place behind closed doors, as was the case regarding the U.S. Government and Twitter before Mr. Musk bought the platform. 

These European censors brag about it.

X says it will do its best to “protect freedom of speech in Europe.”

If push comes to shove and EU goons do not back down, what X should do has been indicated by the smaller platforms social media platforms Gab and Kiwi Farms.

First, refuse to pay a penny of any imposed fine. 

Second, block access to X within the European Union, advising all account holders who try to log on why having an EU IP address is now a bad idea and why using a good virtual private network (VPN) to access X is now a good idea.

By disguising point of origin and encrypting traffic, a good VPN can help people living under tyrannical regimes like the European Union to evade censorship.

This is Common Sense. I’m Paul Jacob.


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Against British Censorship

The dictates of the neo-redcoat British government, led by Prime Minister Keir Starmer, are out of control.

Starmer’s Labour government wants the whole world to obey its censorship demands. The latest is that its Office of Communications, called Ofcom, is threatening the American social media platforms Gab and Kiwi Farms with mega-steep fines for unwaveringly safeguarding the freedom of speech of users. 

Which of course Gab and Kiwi Farms have every right to do.

Ofcom says it’ll sock Gab with fines of up $23 million USD for refusing to censor its users per UK orders. 

“We will not pay one cent,” says Gab CEO Andrew Torba.

Gab is not only not cooperating with Ofconjob’s insanity, it has also reported the Starmer government to the U.S. Trade Representative and the U.S. Department of Justice in hopes that the U.S. government will retaliate against the United Kingdom for trying to gag social media in the United States.

Kiwi Farms, threatened with the same fine of up to 10 percent of worldwide revenue, is telling UK users who want to use the site to access it through a VPN or Tor in order to protect their online traffic and disguise which country they’re from. Otherwise, they’re out of luck.

Kiwi has also reported success in obtaining pro bono counsel for dealing with “the UK’s attempts to enforce its censorship regime in the United States.”

As the U.S. president famously said in Butler, Pennsylvania: “Fight! Fight! Fight!”

This is Common Sense. I’m Paul Jacob.


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