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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An important historical document.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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First Amendment rights general freedom local leaders

De- and Re-certified

“Around the country, a slew of doctors had board certifications removed and licensure threatened for sharing their COVID-​related opinions,” explains The Epoch Times, in an article devoted to one of those persecuted, Dr. John Littell of Florida.

Early in the pandemic, “Dr. Littell, a longtime family physician in Ocala and a medical school professor, began posting videos sharing his thoughts about COVID-​19 testing, treatments, and vaccines early in the pandemic,” Natasha Holt’s Epoch Times article narrates. “He was frustrated to find his content often was pulled down from his YouTube channel.” 

But the establishment’s efforts didn’t stop there. “[I]n January 2022 and again five months later, he received warning letters from the American Board of Family Medicine (ABFM), the organization that issued his certification for his medical specialty.”

His videos on YouTube and then the safe, free-​speech haven Rumble, spread “medical misinformation,” the board charged, warning that he could lose certification. But these were warnings. The board got a bit more serious and physical when they removed Littell from a public meeting, giving him the bum’s rush.

And then the board de-​certified him.

It’s a long story, but appears to have a happy ending, with Littell re-​certified and organizing a support group for medical professionals’ free speech rights, and the basic need to practice independent, patient-​centered medicine, and to disagree with the gimcrack “consensus” policies that establishment organizations impose.

While there are multiple medical certification boards in America, these are not free-​market concerns competing for customers. The government is heavily involved at every level. And the policies and “science” that Dr. Littell and others ran up against were not only political, but wrong — medically and morally. 

As we are increasingly discovering.

Which makes medical freedom more important than ever.

This is Common Sense. I’m Paul Jacob.


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Accountability First Amendment rights government transparency

Overly Broad Stonewalling

How specific do requests for records of unconstitutional activity have to be?

In February, the Federal Bureau of Investigation pretended an inability to fulfill America First Legal Foundation’s freedom-​of-​information request for documents about the FBI’s pre-​election efforts to censor Twitter users. The agency declared the request to be “overly broad.”

What’s been “overly broad” is the policy of censorship, disinformation, and more by the Deep State using private partners. Meaning their real problem is doubtless that the requested documents are “overly incriminating,” too unmistakably what AFL wanted.

So the FBI stonewalled. 

And AFL has sued, in its complaint concluding that the agency’s “blanket denial of AFL’s FOIA request is contrary to law and should not stand.”

Thanks to evidence brought to light by other litigation and by Matt Taibbi’s reporting on Twitter’s internal records, none of us is just guessing that the FBI has acted to censor constitutionally protected discourse. We know that the FBI’s National Election Command Post flagged at least 25 Twitter accounts for “misinformation.”

But the only party to the censorship revealing relevant information voluntarily is Twitter itself, thanks to decisions by Twitter’s new management under Elon Musk.

With respect to everybody else colluding to censor social media — the FBI, the DOJ, the White House, Google, Facebook, etc. — looks like it’ll have to be lawsuits every step of the way.

The First Amendment’s stricture upon Congress to “make no law” abridging our “freedom of speech, or of the press,” does not allow the FBI, the CIA, the NSA, and other agencies to simply subcontract. Nor are they free to mold public opinion. 

A government-​controlled “press” is not a free press.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights U.S. Constitution

Chalk One Up for Equal Treatment

“The government may not enforce the laws in a manner that picks winners and losers in public debates,” ruled Judge Neomi Rao. 

This, in response to a case where anti-​abortion protesters were arrested for chalking the words “Black Pre-​born Lives Matter” on a Washington, D.C., street back in 2020.

Emma Camp makes clear, in her Reason coverage of the ruling, that the case is not as simple as it may sound in the headlines. “While writing chalk messages on public streets and sidewalks is considered vandalism in D.C., protest leaders had an earlier conversation with a police officer in which he ‘explained that he believed Mayor Bowser had effectively opened up the District’s streets for political markings.’”

Nevertheless, during the protest, “police told demonstrators that they would be arrested if they painted or chalked any messages.” Two individuals in the pro-​life protest defied police order and scribbled their message in chalk.

It’s actually a bigger issue than just an altercation during a protest. The police in D.C. had not merely looked the other way, allowing helter-​skelter displays of “Black Lives Matter” graffiti, but the city government had actually gotten in on the act and messaged “Black Lives Matter” on the streets itself — in bold paint.

This obviously sends a message to disagreeing citizens: we are on this side, not that.

As Judge Rao insists, “The government may not play favorites in a public forum — permitting some messages and prohibiting others.”

She interprets this injunction as pertaining to the First Amendment, but it goes much deeper than that, reaching to the core idea of a rule of law, and equality of treatment under it.

This is Common Sense. I’m Paul Jacob.


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