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First Amendment rights general freedom government transparency

The Censorship Industrial Complex

“Many people insist that governments aren’t involved in censorship,” tweeted Michael Shellenberger on Tuesday, “but they are. And now, a whistleblower has come forward with an explosive new trove of documents, rivaling or exceeding the Twitter Files and Facebook Files in scale and importance.”

Because much of recent years’ censorship has occurred on corporate-​owned-​and-​run social media platforms, like YouTube, Facebook and Twitter (now X), some have claimed “it’s not censorship” and, because private, is immune to legal prosecution. This quasi-​libertarian argument was most vociferously marshaled by leftists and centrists, who’ve found in the libertarian “private property is sacred” ideal a handy excuse for the censorship they love.

They love it because of what they hate: Fox News, most specifically, and alternative media based on podcasting and vlogging platforms, more generally. These media outlets have bucked the foreign policy establishment as well as the new racism of Critical Race Theory, and official narratives about COVID. 

So they must be squelched — as “disinformation.”

This is all made more clear in what Shellenberger calls “The CTIL Files.” 

The leaked documents “describe the activities of an ‘anti-​disinformation’ group called the Cyber Threat Intelligence League,” which “officially began as the volunteer project of data scientists and defense and intelligence veterans but whose tactics over time appear to have been absorbed into multiple official projects, including those of the Department of Homeland Security.’’

While government operatives and contractors organized, at first, to avoid constitutional and legislative limitations to conducting propaganda and psychological warfare against Americans, the plan was, from the beginning (says the source), “to become part of the federal government.”

In the end, “the military and intelligence agencies” got involved, along with “civil society organizations and commercial media.” Methods used include burner phones, plausible deniability, and “sock puppet accounts and other offensive techniques.”

You can watch today’s hearing (10:00 AM EST) of the Select Subcommittee on the Weaponization of the Federal Government, featuring Shellenberger, Rupa Subramanya, and Matt Taibbi.

Tell me what you think.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

Disagreeing With Päivi Räsänen

In 2019, Finnish politician Päivi Räsänen cited the Bible in her Twitter account in order to express her views about sex and Christianity.

“How does the doctrinal foundation of the Church fit in with shame and sin being raised as a matter of pride?” Räsänen asked (in Finnish). Her tweet included a link to an Instagram post displaying Romans 1:24 – 27, which refers to how males “did shameful things with males and thus received in their own persons the due penalty for their perversity.”

Whether you or I agree with Räsänen’s view that homosexuality is per se immoral is irrelevant. What is not irrelevant is our support for freedom of speech and religious expression: she should surely not be prosecuted for expressing her opinion!

But Finnish police investigated her for the tweet. For good measure, they also included as a possible charge her 2004 publication of a pamphlet questioning same-​sex marriage and discussing related issues. She had published the pamphlet before it became illegal in Finland to express such opinions.

Now Räsänen and a Lutheran bishop being prosecuted for similar reasons have been acquitted.

This is a second acquittal. In 2022, the Helsinki District court ruled that it’s not the job of the court “to interpret biblical concepts.” A state prosecutor replied, “You can cite the Bible, but it is Räsänen’s interpretation and opinion about the Bible verses that are criminal.”

Politicians of Finland, don’t continue on this dark path. Revoke all laws that aim to jail people who disagree with you.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights judiciary

Untruth Speaker, Untruth Speaker

“You can’t call anyone a liar?” Judge Patricia Millett asked federal prosecutors, “with a tone of incredulity,” according to The Washington Post report.

Millett, along with Judges Cornelia T.L. Pillard and Bradley Garcia, serves on the three-​judge panel of the federal Court of Appeals for the D.C. Circuit. This week they devoted two hours to the appeal of a federal district judge’s gag order placed on former president Donald Trump.

Under Millett’s questioning, federal prosecutor Cecil VanDevender agreed that under the order Mr. Trump could say that someone testifying against him was “an untruth speaker” but not call that person a “liar.”

“He has to speak ‘Miss Manners’ while everyone else is throwing targets at him?” inquired Judge Millett. “It would be really hard in a debate, when everyone else is going at you full bore.”

She noted that the First Amendment importantly protects inflammatory speech, adding with some exasperation: “Your position doesn’t seem to give much balance at all to the First Amendment’s vigorous protection of political speech.”

Trump’s attorney argued that the current leading Republican presidential candidate has taken advantage of the order’s stay, pending this appeal, by “posting about this case almost incessantly since the day it was filed and they haven’t come forward with a single threat that’s even arguably inspired by any evidence in his social media posts.”

The three-​judge panel, at least as The Post reads the hearing’s tea leaves, “indicated it may narrow the order prohibiting the former president from attacking individual prosecutors … or from calling potential witnesses against him ‘liars’ in the heat of next year’s campaign.”

It should. Unless the speech is specifically criminal it should be freely allowed. Orange Man should have the same rights we all rightly possess.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Internet controversy social media

One for the Memory Hole?

An important historical document. Though published all over the Internet, it was most linked-​to where it was housed by The Guardian, the British newspaper.

But it has been taken down by The Guardian. This is what it says on the page where it formerly resided:

Removed: document

This page previously displayed a document containing, in translation, the full text of Osama bin Laden’s “letter to the American people”, which was reported on in the Observer on Sunday 24 November 2002. The document, which was published here on the same day, was removed on 15 November 2023.

The transcript published on our website had been widely shared on social media without the full context. Therefore we decided to take it down and direct readers instead to the news article that originally contextualised it.

Just like the news media, claiming their coverage provides full context, but deprecating the primary source document itself!

Orwellian.

In an article on Thursday, “TikTok ‘aggressively’ taking down videos promoting Bin Laden ‘letter to America,’” The Guardian explains some of the background of the current fracas. Youngsters on TikTok and elsewhere had recently discovered Osama bin Laden’s letter — which Representative Ron Paul has often famously referenced — and were expressing their surprise, interest, and judgments on social media. Many of them were awful takes, of course, as is common among the young … and others

But remember the keywords: free speech.

Under pressure from politicians, bureaucrats, Jewish activist groups, and conservative influencers, the free speech of users of Tik Tok and X (to name just two) were abridged, disallowed from expressing their opinions of — or even quoting — the late terrorist.

TikTok explained itself on X: “Content promoting this letter clearly violates our rules on supporting any form of terrorism. We are proactively and aggressively removing this content and investigating how it got onto our platform.”

Discussing the letter is not, of course, “supporting” “terrorism.”

Yet Osama’s letter has been scrubbed from most websites that had published it. It can nevertheless be found, by paying subscribers, at scribd​.com — at least it could as of Sunday.

This is Common Sense. I’m Paul Jacob. 


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First Amendment rights Internet controversy social media

Memester to the Pokey

It was a joke. For which he’s been sent to prison.

A political joke online.

Admittedly, it wasn’t very funny. It certainly wasn’t new. That is, the general idea has been floating around for as long as there have been ballot boxes. 

The ur-​form of the joke is “Hey, [political opponent], why don’t you deposit that ballot right here in this handy receptacle [trash can]?”

The specific joke that got Douglass Mackey into big trouble sported an image of a smiling black woman in front of a white-​on-​blue “African Americans for Hillary/​President” sign, along with the message: “Avoid the line. Vote from home. ¶ Text ‘Hillary’ to 59925 ¶ Vote for Hillary and be a part of history.”

It arguably flirted with dirty tricks of the sort honest people don’t engage in. But a lot of partisans do that sort of thing, not just Mr. Mackey, who posted the joke to his now-​defunct “Ricky Vaughn” Twitter account. A better version of the joke about the same time was not only never prosecuted, the link to it’s still on Twitter (X). It just so happens, however, to have been made by a Democrat … against Trump voters.

Trolls flirting with Dirty Trick status are not criminals; there is the First Amendment. But what Mackey was successfully prosecuted for (he was sentenced last week to seven months) was “Election Interference.”

Tellingly, ZERO is the number of voters stepping up to testify that they were tricked into texting 59925 and then not voting by his lame meme. If there were any, they might understandably be too humiliated to bear witness.

Curiously, the law he violated does not mention misinforming a person as a criterion for criminality.

A country that selectively prosecutes this sort of thing — can it be said to be free?

This is Common Sense. I’m Paul Jacob.


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crime and punishment education and schooling First Amendment rights

Campus Critic Defended

In an interim victory for freedom of speech that may lead to an important precedent, a court has refused to dismiss a lawsuit against the University of Texas.

According to Richard Lowery’s complaint, filed in February 2023, university officials threatened his “job, pay, institute affiliation, research opportunities, [and] academic freedom” as part of a campaign to stop him from criticizing various stupid and/​or horrific policies of the school.

An example of Lowery’s language that has the school’s administrators gunning for him is a College Fix piece, “At UT-​Austin, teaching white 4‑year-​olds that they’re racist is funded by taxpayer dollars.”

Administrators repeatedly pressed a superior of Lowery, Carlos Carvalho, to “do something about Richard.” When Carvalho resisted, Dean Lillian Mills threatened to oust Carvalho as executive director of a Center at the school.

Officials also “allowed, or at least did not retract, a UT employee’s request that police surveil Lowery’s speech, because he might contact politicians or other influential people.”

Professor Lowery is represented by attorneys at the Institute for Free Speech, whose senior attorney Del Kolde stresses what should be obvious to the administrators: “Professors at public universities have the right to criticize administrators and speak to elected officials. The First Amendment protects such speech and, in a free society, DEI programs and UT’s president are not above public criticism.”

The goal of the lawsuit is, in part, to enjoin University of Texas officials from further threatening Lowery’s liberty to speak … and from acting on their previous threats.

This is Common Sense. I’m Paul Jacob.


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