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crime and punishment First Amendment rights general freedom

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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education and schooling First Amendment rights general freedom international affairs

Cold Climate in Hong Kong

“There is no ‘red line,’” says an anonymous thirty-​something Hong Kong humanities professor. “If they want to come after you, everything can be used as an excuse.”

Grace Tsoi, writing for the BBC, shows what happens when political correctness returns to its roots in totalitarianism. As it has in Hong Kong, in the “People’s [sic] Republic [sic] of China [sick].” The young academic Ms. Tsoi is quoting elaborated the situation: “He says his nightmare is being named and attacked by Beijing-​backed media, which could cost him his job, or worse, his freedom.”

Political correctness can cause academics in America their jobs, of course. But as relentless as our woke media and online mobs may be to “de-​platform” people they disagree with, it’s harder to go all the way.

Under a totalitarian state, it’s easier to be more thorough.

That’s why totalitarianism is the modish form of tyranny that tyrants aspire towards.

More power.

“In the academic year 2021/​22, more than 360 scholars left Hong Kong’s eight public universities,” Ms. Tsoi explains. “The turnover rate — 7.4% — is the highest since 1997, when Hong Kong returned to Chinese rule, according to official data. Foreign student enrolments have dropped by 13% since 2019.”

The chilling effect is arctic. Self-​censorship has become the rule, in advance of expected censure, censorship, or worse. Hong Kong academics blame all this on 2020’s National Security Law, which “targets any behaviour deemed secessionist or subversive, allowing authorities to target activists and ordinary citizens alike.”

It’s worth remembering that while “secession” is a dirty word for the powerful, and subversion the enemy of all, it does depend on context: secession from a tyrannical state is liberation; subversion of an unjust system is justice.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights judiciary

Court Halts Imprisonment for Speech

Left-​wing enemies of right-​wing freedom of speech, specifically the freedom of speech of Douglass Mackey, recently got their way when U.S. District Judge Ann Donnelly sentenced him to seven months in prison.

But now, a month after sentencing, another court has said wait a minute.

As I reported in October, Mackey was convicted for actions in 2016 that nobody could have known would later be treated as crimes. The FBI had arrested him shortly after Joe Biden became president in January 2021 — as if waiting for a favorable political climate for an obviously partisan action.

According to selectively prosecuting U.S. Attorney Breon Peace, Mackey threatened democracy and sought to “deprive people of their constitutional right to vote.”

What attempted deprivation of voting rights? Did Mackey lock people in their homes so that they could not go out to vote? Steal ballots? Glare and scream at people walking toward a voting site?

No, all that this obvious opponent of Hillary Clinton did was publish satirical posts telling Hillary voters to vote by text, much easier that way. Obnoxious, maybe; or silly. But the posts had no power to hypnotize or derange anyone or, for that matter, prevent anyone from double-​checking with an election office or Google. And prosecutors brought in no voters who claimed to have been fooled by the obvious jest — which arguably was satire, a jape upon Mackey’s political opponents.

There’s no there there. Nevertheless, Mackey’s liberty has been at risk at least since 2018, when his legal name behind his pseudonymous social media presence was revealed.

It’s still at risk. But the Second Circuit Court of Appeals has blocked Mackey’s seven-​month imprisonment until his appeal can be decided and the free-​speech issues properly adjudicated.

This is Common Sense. I’m Paul Jacob.


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ideological culture Internet controversy social media

Die, Disney, Die!

Disney is taking big financial losses, after a series of bombs on the silver screen and on its own channel, including a billion on last year’s four film fiascos.

Why?

The company went super-​woke. And could, therefore, go broke.

Or, says Patrick Ben David, become a “zombie company,” unable to make profits, kept alive only by low interest rates and the hope that Apple will buy it.

Nevertheless, Disney joined a group of major players pulling their advertising off Twitter, er, X.

Why?

Because X’s new owner, Elon Musk, favorably forwarded a tweet about anti-​white racism that was said, by many, to be antisemitic.

It’s the rage, now, not only to support Hamas’s terrorism but to excoriate Israel, Zionism, and even Jews in general, yet it was Musk’s forwarded tweet about how Jewish intellectuals and organizations too often support anti-​white rhetoric that panicked the big companies, including Bob Iger-​headed Disney.

Andrew Ross Sorkin, in an on-​stage New York Times interview, asked Mr. Musk to respond to all this. “I hope they stop,” Musk said. “Don’t advertise.”

Musk went on: “If somebody’s going to try to blackmail me, with advertising — blackmail me with money? — ‘go f**k yourself.’”

Then Musk repeated that command, using hand signals. 

“Is that clear? I hope it is.” Smiling, he added, “Hey Bob … if you’re in the audience.”

Mr. Sorkin pressed X’s owner on the consequences.

“What this advertising boycott is going to do is kill the company,” said Musk, amidst his usual stutters. “And the whole world will know that those advertisers killed the company — and we will document it in great detail.”

“But those advertisers are going to say, ‘we didn’t kill the company.’”

“Oh, yeah? Tell it to Earth.”

Musk explained that both he and the boycotters will make their cases, “and we’ll see what the outcome is.”

The idea is to take the culture war outside educational institutions, the news media, and government bodies, and to shove it into boardrooms everywhere. It’s a great game of chicken, buck buck buck. And, unlike Gale Wynand in The Fountainhead, Musk appears more than willing to lose his investment in X just to prove the point.

An interesting place we’ve come to. The insider elites, and the ideological left, seek to advance woke ideology even if it ruins their own companies, such as Disney, and squelch free speech, even if it means betraying every last principle of American liberty.

So, in this war with other people’s fortunes, take sides: die, Disney, die — before X, let’s hope.

This is Common Sense. I’m Paul Jacob.


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