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First Amendment rights national politics & policies political challengers

The RFK Challenge

Yes, but …

When contemplating a candidate for office we may like, we do a lot of “Yes, but” thinking. It’s impossible not to.

Yesterday I considered the candidacy of Bobby Kennedy, Jr., in the context of the Republican/​Democrat Duopoly™. Many of my readers may like his stances on COVID or war, but worry about other positions, like the Second Amendment and “climate change.”

Yes, but … there is another Yes, But context: the candidate forces mainstream voters and media manipulators to Yes, But their cherished positions.

Yes, Trump was “a threat to democracy” for trying to “overturn an election.” RFK, Jr. grants that Democrat talking point. 

But when pressed by Erin Burnett of CNN, his response was a challenge: “I can make the argument that President Biden is the much worse threat to democracy, and the reason for that is President Biden is the first candidate in history — the first president in history — that has used the federal agencies to censor political speech, so to censor his opponent.”

Now your and my response might be, No, but …

As in, he was certainly not the first president in American history to directly censor political speech.

But the presidents who did that are all heroes to the CNN crowd, so they’ll have to say, “Yes, but …”

But what? What’s the response? 

The CNN article, linked above, was lame: “‘With a straight face Robert F. Kennedy Jr. said that Joe Biden is a bigger threat to democracy than Donald Trump because he was barred from pushing conspiracy theories online,’ DNC senior adviser Mary Beth Cahill said in a statement. ‘There is no comparison to summoning a mob to the Capitol and promising to be a dictator on day one.…’”

What CNN and the DNC and the whole establishment ignore is the vast suppression of thousands, millions of voices online, organized by the government and ex-​government and close-​to-​government operatives.

Yes, but … they like censoring their competition!

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

Richly Revealing

There is something rich in the latest gag order placed on Mr. Trump.

“Former President Donald Trump on March 27 criticized the New York judge overseeing his ‘hush money’ case and criticized the judge’s daughter,” explains Jack Phillips of The Epoch Times, “just hours after the judge handed down a gag order against him.”

Richly … ironic? 

Apt? 

Idiotic?

“This Judge,” the former president wrote on his own social media site, “by issuing a vicious ‘Gag Order,’ is wrongfully attempting to deprive me of my First Amendment Right to speak out against the Weaponization of Law Enforcement, including the fact that Crooked Joe Biden, Merrick Garland, and their Hacks and Thugs are tracking and following me all across the Country, obsessively trying to persecute me, while everyone knows I have done nothing wrong!”

To them, Orange Man’s very existence is “wrong,” and the thing they most want is Trump to shut up. So, in the course of a trial upon a subject combining campaign finance regulations with more prurient interests, a judge gagging the defendant from speaking in public about his prosecutors is … well, convenient. For them. 

The prosecution is arguably an attempt to silence Trump; gag orders remove doubt. And allow the Empire State to exact the punishment before the trial concludes.

The prosecutors and politicians and major media propagandists who are aghast at Trump’s charges aren’t exactly saying that what Trump says about the judge’s daughter (that she “represents Crooked Joe Biden, Kamala Harris, Adam ‘Shifty’ Schiff, and other Radical Liberals”) is false

They object … because … what he says makes them look bad.

And what they are trying to do is make Trump look bad.

Just rich. 

With meaning. 

More philosophically minded folks say we have a crisis of meaning these days. I don’t know. I see meaning everywhere!

But it’s not always meaning we like.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights judiciary

Most Important Time Periods

The attorneys general of a few states, a few activist groups, and a few congressmen have acted to bring to light a mass of eyewitness and documentary evidence that the federal government has been working hard, behind the scenes, to censor our speech.

The guilty parties have been caught red-handed.

Now that the matter is before the U.S. Supreme Court, reports on oral arguments suggest that not every justice is as acquainted with the point of the Bill of Rights as we’d like.

Its function is to stop government from doing various rights-​violating things at will. But Justice Ketanji says: “Your view has the First Amendment hamstringing the government in significant ways in most important time periods.”

Justice Kagan, chiming in: “I’m really worried about that.”

Tyrants worry about having too little flexibility to stomp our speech “in most important time periods,” prevention of which stomping is the very purpose of the First Amendment.

We, for our part, worry about having our speech stomped.

Some of the justices also seem not to grasp that when government officials contact you and ask you to do this and that, no overt threats are necessary for officials to rely on the threat of governmental power.

The bossing is not always subtle, though. Perusing the evidence, Justice Alito says he couldn’t imagine officials “taking that approach to the print media.” The federal speech police treat “Facebook and these other platforms like they’re subordinates.”

Are they?

This is Common Sense. I’m Paul Jacob.


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Did Steve Baker Commit Journalism?

The safest thing to do — politically, anyway — is plant yourself in a corner and sit still. But people tend to want to move around, live, do their jobs.

Steve Baker, reporter for Blaze Media, recently was forced to “self-​surrender” to federal authorities for committing initially unspecified crimes.

Was doing his job the crime? 

His fed-​embarrassing journalism about the January 6 “insurrection” and the way many people have been incarcerated for years for little more than trespassing — was that the crime?

As video of the not-​always- innocuous but often-​innocuous goings-​on of January 6 has been released, Baker has been among those examining the record and noting apparent contradictions in the official story.

When he turned himself in to the FBI last Friday, he was facing charges that the FBI had flatly refused to divulge. But now the Blaze reports that, three years after January 6 “insurrection,” Baker is being charged for things like “entering [restricted areas] without lawful authority” or “parading … in a capitol building.”

Trespassing. Arrested for trespassing three years later? 

Or arrested for his reporting on the events of January 6 and its sequels over the course of those three years?

Before Baker turned himself in, the FBI did give him the information that he should arrive in shorts and flip-​flops. So that, Glenn Beck writes, “it would be easier for them to put on the orange jumpsuit and ankle irons. Suffice it to say, he wore a suit and tie.”

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights

Hope for Campus Free Speech

The Understatement of the Month Award goes to David Lat, who says in a recent post that “when it comes to free speech and intellectual diversity, U.S. law schools continue to face challenges.”

One Big Challenge, more like: the contempt university policymakers routinely show for the speech of members of disfavored groups, if and when they say things that members of favored groups dislike.

Lat points to a decision, last month, by the Law School State Senate of Columbia Law School. The organization denied official recognition to a group formed to combat antisemitism, Law Students Against Antisemitism.

Reason: some pro-​Palestinian students objected to LSAA’s definition of “antisemitism.”

The objection is cause for debate, sure, but not for preventing an organization from formally operating. Fortunately, after much attention was paid to the Senate’s decision by the Foundation for Individual Rights and Expression (FIRE) and others, the Senate reversed itself.

In addition to bad publicity, one thing that may help improve prospects for free speech on campus is a new rule issued by the American Bar Association, Standard 208.

Standard 208 requires law schools that want to be accredited by the ABA to “protect the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular.” This requirement is more encompassing than existing (if often ignored) protections of academic freedom for faculty members.

The ABA’s action is a big step, but not sufficient, Lat says. The cultures of our schools must change too.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

Amazon’s Wide, Flowing, Constricted River

Under the U.S. Constitution, the federal government is prohibited from censoring speech.

It often tries anyway. 

One of the ways, as we’ve learned, is by pressuring social media and other companies to suppress speech. Since the federal government can make life very difficult for any company, some companies are understandably reluctant to ignore such pressure.

Amazon did not. When asked by the Biden administration in the person of one Andrew Slavitt, an advisor for the White House’s COVID-​19 “response team,” the company agreed to hide books critical of the COVID-​19 vaccines

Among the emails obtained by the House Judiciary Committee is Slavitt’s March 2, 2021, communication with Amazon complaining that “if you search for ‘vaccines’ under books, I see what comes up [books criticizing the vaccine].… [I]f that’s what’s on the surface, it’s concerning.”

Amazon was reluctant to intervene “manually” to demote such books and worried privately that rigging the game against particular books because of their viewpoints might undermine the company. But it caved nonetheless, soon modifying its algorithm and advising the White House that “we did enable Do Not Promote for anti-​vax books whose primary purpose is to persuade readers vaccines are unsafe or ineffective.”

Are such decisions consistent with a “consumer-​centric” approach that easily allows people to find just what they’re looking for? Which is Amazon’s big selling point?

Of course not.

But as it has done so often over the years, our government was putting its thumb on the scale.

This is Common Sense. I’m Paul Jacob.

Amazon, censor, censorship, surveillance, mind control

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