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First Amendment rights media and media people social media

First Amendment: Irrelevant?

For at least three years, we have all suspected — well, known — that the federal government has been pressuring social-​media companies to censor speech that government officials dislike regarding the pandemic and other matters.

One clue: officials like Jennifer Psaki, White House press secretary from 2021 to 2022, forbiddingly and publicly demanded that social-​media firms do more to suppress disapproved speech.

Even so, many left-​wingers stressed that once allegedly open public forums like YouTube, Facebook, pre-​Musk Twitter et al. were private entities with every darn right to set standards for posting. 

Just market decisions, that’s all that was happening here!

Now that litigation has delivered so much evidence that government agencies have been colluding to censor, directly and chronically “working with” social-​media firms to suppress dissent, many on the left are not even pretending to favor protection of First Amendment rights to express speech they disagree with.

Jonathan Turley notes that according to The New York Times, a recent ruling temporarily enjoining the Biden Administration from colluding to censor would, by fostering open discourse, lamentably “curtail efforts to combat disinformation.”

Washington Post editors and others on the left “no longer deny censoring,” agrees Jeffrey Tucker. “Now they defend censorship as a policy in the national interest.… They don’t even pretend to have respect for the First Amendment that gave rise to the national media in the first place. They now seek a monopoly of opinion and interpretation.”

Yes. Cat’s out of the bag.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights judiciary social media

Censors Cancelled

The verb is “enjoin.”

In a July 4 preliminary injunction, Judge Terry Doughty has enjoined federal officials from communicating with social-​media companies except on matters pertaining to criminality or threats to national security.

“The Plaintiffs are likely to succeed on the merits in establishing that the Government has used its power to silence the opposition,” explains Doughty. The government “seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”

For a few years now, government officials have asked social-​media personnel to censor speech on topics like the pandemic, elections, and laptops dropped off by Hunter Biden, speech that officials want to suppress only because they disagree with it or find it inconvenient. Politically.

A lawsuit brought by Missouri and Louisiana argues that federal officials pressured and colluded with social-​media companies to block speech protected by the First Amendment.

Some critics of this and other lawsuits — and of more non-​formal objections to the government’s conduct — say that what has been exposed in documents brought to light during litigation, and in the Twitter files, cannot be called governmentally instigated censorship at all.

What’s really going on, they burble, is nothing more than persons working for the FBI, the CDC, the White House, and other such government-​force-​backed entities idly wondering — in incidental and nonbinding casual conversation, mind you — whether the social-​media company they’re just happening to hobnob with could come down like a ton of bricks on the accounts of persons saying things that government officials disapprove. No big deal.

Not the most plausible pseudo-​exculpation I’ve ever heard.

The relevant adjective? “Guilty.”

This is Common Sense. I’m Paul Jacob.


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international affairs media and media people

China’s Many Rushdies

Since when do police place bounties on the heads of former residents who have committed no crime?

Since just now. 

But it depends on how you define “crime.”

For me, to be guilty of a crime you must have committed an objectively definable, willful violation of the rights of others — fraud, robbery, kidnapping, torture, rape, murder. Speech criticizing the crimes of a crime-​committing government cannot count as “crime.” To pretend otherwise would be an abuse and usurpation of proper standards of thought.

But the dictatorial Chinese regime is unbound by such considerations.

On July 3, the Hong Kong police, mere lackeys of the mainland government, placed bounties of one million Hong Kong dollars (about $128,000 USD) on the heads of eight pro-​democracy dissidents no longer living in Hong Kong.

“We’re absolutely not staging any show or spreading terror,” says top HK police official Steve Li. “We’re enforcing the law.” Oh.

CNN notes that “many of the activists have continued to speak out against what they say is Beijing’s crackdown on their home city’s freedoms and autonomy.”

“What they say” is Beijing’s crackdown? 

Just a smidgen of investigative journalism would enable CNN’s reporters to report, as fact, that there has indeed been a crackdown, that it’s not just “critics” who say that the 2020 National Security Law has been used to destroy the pro-​democracy, pro-​human rights movement in Hong Kong and “cripple its once vibrant society.”

But I guess folks at CNN dare not risk bounties on their heads, also.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom judiciary

High Court Too Busy

What is the U.S. SupremeCourt thinking by refusing even to listen to arguments about the effects of California’s AB5 law, which effectively outlaws certain kinds of freelancing and gig work, on the right to speak out and petition in California?

The case is Mobilize the Message, LLC v. Bona. Plaintiffs were challenging the constitutionality of AB5 because it bans independent contractors from doing door-​to-​door canvassing for candidates or initiative campaigns yet allows independent contractors to do the same kind of work if they’re doing it as newspaper carriers or salesmen.

Of course, if AB5 were completely consistent in its assault on independent contractors, that wouldn’t make it any less injurious to political work and freedom of speech. But the separate and unequal provisions of the act do mean that political workers are being forced to abide by different rules than certain nonpolitical contractors.

That’s not right, not just.

As the Institute for Free Speech puts it, “The only distinguishing feature separating the two [kinds of contractors] is the content of the speech they are paid to promote, a distinction that is presumptively unconstitutional under the First Amendment.”

Lead counsel for the plaintiffs, Alan Gura, says that the Court’s decision will “price political speech beyond the reach of many citizens.”

What’s the deal, are the justices too busy? 

We’re all busy. 

On the other hand, they have a job. A lot of folks in California could use one, too.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights ideological culture Internet controversy social media

Google Can’t Have That

Over the last several years, one has put one’s YouTube speech at risk by addressing such verboten or intermittently suppressed topics as pandemic policy, vaccine efficacy, origin of the COVID-​19 virus, “climate change” (are winter, summer, and all natural disasters really caused by carbon footprints? inquiring minds want to know!), 2020 election fraud, and whatever else inspires post-​Enlightenment institutional censors to clatter into action.

Because of the emails and other documents that have come to light in various lawsuits, we now know for sure that social-​media companies have not been censoring independently. 

They’ve been in cahoots with government agencies — agencies eager to find corporate workarounds to the First Amendment.

A recent target of Google’s YouTube? Robert F. Kennedy, Jr.

Running for president as a Democrat in competition with the alleged incumbent, Joe Biden, this son of assassinated 1968 Democratic presidential candidate Bobby Kennedy is disturbing the serene pools of so-​called thought that constitute Acceptable Opinion and Settled Science.

I often disagree with Kennedy. But I feel that he isn’t just feeding me B.S.; he actually believes stuff. 

He may be mostly wrong, but I prefer that to mostly crooked.

Google has just deleted another Kennedy video, one in which he converses with Canadian psychologist Jordan Peterson about climate change, COVID-​19, and a possible link between exposure to chemicals and sexual dysphoria.

This last musing seems dubious. But, whatever, let the guy talk. Except — hold on — isn’t RFK Jr. causing Joe Biden a lot of political trouble?

Can’t have that. 

Or, anyway, Google can’t have that. 

Or whichever Biden administration officials are directing Google (or vice versa) can’t have that.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom ideological culture

No Laughing Matter

Without freedom of speech, the jester’s art can be perilous.

Chinese comedian Li Haoshi, who performs under the name House, recently did stand-​up comedy at a Beijing club, after which, reports Reuters, “an audience member posted online a description of a joke he had made … describing it as demeaning to China’s People’s Liberation Army (PLA).”

That went viral on Chinese social media.

“In the joke,” Reuters explains, “Li recounted seeing two stray dogs he had adopted chase a squirrel and said it had reminded him of the phrase ‘have a good work style, be able to fight and win battles,’ a slogan Chinese President Xi Jinping used in 2013 to praise the PLA’s work ethic.”

Not exactly a ripsnorter, it is hardly biting satire, either — after all, Li steered clear of any mention of Winnie the Pooh.

But no matter. Next thing the funny man’s employer knew, “China’s Ministry of Culture and Tourism Bureau said it would fine Shanghai Xiaoguo Culture Media Co 13.35 million yuan and confiscate 1.35 million yuan in ‘illegal gains’ from the firm.”

That’s a cool $2 million U.S. for the ever-​so specific crime of “harming society.”

“In response to the fine, Xiaoguo Culture … said it had terminated Li’s contract,” and, for good measure if you are a totalitarian, Reuters adds that “Weibo appears to have banned him from posting to his account there.”

“We will never allow any company or individual [to] use the Chinese capital as a stage to wantonly slander the glorious image of the PLA,” declared China’s cultural ministry.

Suffice it to say, China isn’t currently known for its comedy. 

And won’t be until more people perform their own stand-​up act.

This is Common Sense. I’m Paul Jacob.


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