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First Amendment rights too much government

Deep State in a Corner

Once upon a time, the CIA and allied agencies pushed free speech as a norm. 

Overseas.

The rationale? Without some free speech and press rights, it was too hard to organize a populace to overthrow their government. Our spooks exported freedom of speech abroad not because they were so gung-​ho American; it was all about seeding revolutions.

But not here! 

The CIA couldn’t let others take advantage of American free speech like its agents leveraged free speech abroad. A change in government might mean … loss of jobs. Mission. Money.

What to do? Disinform at home. By corrupting journalism.

The Operation Mockingbird efforts in the 1960s helped intel insiders control information and manage “the consent of the governed,” and these early efforts grew into the close ties between the Deep State and credentialed journalists today. 

The connections, I’m told are many: it’s not just Anderson Cooper’s internship at the CIA. 

During the Cold War, the disinformation element found a plausible justification. Then, the Soviets had us at a disadvantage: we had trouble extracting reliable information from within the Iron Curtain, but they could grab all sorts of useful information from our open, comparatively free speech realm.

Disinformation: a strategic necessity. But the consequences?

 “We’ll know our disinformation program is complete,” William Casey explained to President Ronald Reagan, “when everything the American public believes is false.”

In the early days of the Internet, the Deep State pushed online speech platforms, the better to allow for foreign coups. Is there a social media space that hasn’t received surreptitious government subsidy? It’s hard to be sure. We’re supposed to assume our government protects us rather than controls us. 

But, increasingly, Internet-​connected Americans see government officials chiefly as manipulators.

Which is why the Deep State’s most ardent partisans (neocons; Democrats; plutocrats) now routinely attack free speech here, and why allies overseas are so thoroughly cracking down on “de-​stabilizing” opinions. It’s why Rumble is no longer available in Brazil and why Musk is pulling out Twitter personnel … and why France has arrested the CEO of Telegram.

Us catching on to the psy-​op game places the Deep State in a corner. All the disinformation agents have left is censorship and repression.

This is Common Sense. I’m Paul Jacob.


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crime and punishment judiciary regulation

The Court v. the Power Grabbers

The U.S. Supreme Court giveth and the U.S. Supreme Court taketh away.

A slew of Supreme Court decisions is keeping us off balance. While we were still reeling from the blow delivered by Murthy v. Missouri’s go-​ahead for federal suppression of social-​media speech, the court also acted to rein in runaway bureaucrats.

The decision, which some call a “major blow to big government”  — let’s see how it plays out before echoing this — is Loper Bright Enterprises v. Raimondo. In this 6 – 3 ruling to limit the administrative state’s power to expand its power, the court reversed its own 1984 ruling, Chevron USA v. NRDC.

According to Stanford Law professor Michael McConnell, Chevron meant that when the actions of a federal agency — to stop you from cleaning up a pond (“wetland”) on your own property or whatever — end up being litigated, courts must “defer to the agency’s own construction of its operating statute” unless that construction is too wildly unreasonable.

Agencies consequently enjoyed “considerable leeway in determining the scope” of what they can do to us. 

Guess what. They typically prefer more power to less, less constitutional restraint to more.

“Chevron is overruled,” the new ruling states. Courts must “exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

Maybe more courts will now more often stop runaway bureaucrats in their tracks.

This is Common Sense. I’m Paul Jacob.


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crime and punishment national politics & policies regulation

Stop the Work Stoppers

Republican Representative Kevin Kiley of California has introduced H.J. Resolution 116 to block “the rule submitted by the Department of the Labor relating to ‘Employee or Independent Contractor Classification Under the Fair Labor Standards Act.’ ”

116 is a legislative attempt to thwart legislation by regulators.

Labor’s rule is modeled on the AB5 Act passed in California several years ago. Catering to unions, AB5’s idea was to kill the livelihoods of many gig workers or freelancers by making it much harder for companies and independent contractors to deal with each other.

The new rule, too, aims to kill competition with unions and expand the pool of employees who can be unionized.

AB5 caused a firestorm, leading to citizen initiatives, court battles, and victories and setbacks for besieged employers and freelancers. There’s been some backtracking of AB5, in part because sponsoring lawmakers realized that it hurt even favored constituencies. But California is still a land mine for would-​be freelancers.

The Labor Department is trying to impose AB5-​style reclassification on the national level now that national lawmakers have failed to pass legislation to do it.

These days, the many dictators in our government often regard legislative means of passing legislation as an option only of first resort. If that fails, well, stick it to the people some other way.

So Kiley — and, hopefully, an effective congressional majority — must pass a law saying no, regulators, you may not pass this law in the guise of a regulation.

This is Common Sense. I’m Paul Jacob.


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Internet controversy media and media people social media

NPR’s Wide Stance

When the term “the Deep State” entered our vocabulary, establishmentarians and insiders were annoyed. They argued the term was meaningless or vague or designated something that did not exist. 

The rest of us accepted the term to identify the parts of the administrative state — coupled with the military-​industrial complex’s corporations — that keep big secrets and act mostly independently of our democratic-​republican institutions, including those who work behind the scenes to effect policy and mold public opinion.

The Deep State is all-too-real.

Now that National Public Radio has been dubbed “state-​affiliated media” by Elon Musk’s Twitter, it may be time to add a new term to our lexicon: the Wide State.

“It was unclear why Twitter made the move,” writes David Bauder of the AP. “Twitter’s owner, Elon Musk, quoted a definition of state-​affiliated media in the company’s guidelines as ‘outlets where the state exercises control over editorial content through financial resources, direct or indirect political pressures, and/​or control over production and distribution.’”

When NPR objected on Twitter, Musk tweeted back: “Seems accurate.” 

But, but, but, they sputter: only 1 percent of NPR’s budget is from the federal government, and the organization has a well-​established editorial independence!

Well, as the power of the Deep State has shown, directorial independence does not really constitute a non-​state nature. 

It’s obvious that many “private” institutions do exert immense political and governmental power: corporations through regulatory capture; news media through rank partisanship; all organizations that express eagerness to (and have demonstrated repeated instances of) collaborating with partisans in power. 

These constitute the Wide State. 

Of which NPR is a part.

Besides, if NPR lives “only” with a single percentage-​point subsidy, why not cut the umbilical cord and prove its independence? 

And get Twitter to change the label.

This is Common Sense. I’m Paul Jacob.


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national politics & policies social media

Electoral Fraud, Google-Style

“There exist many sneaky ways to get other people to do what you want, voluntarily — effectively blurring the line between legitimate persuasion and fraud.”

I wrote that in a Common Sense squib entitled “The Online Manipulation of Democracy,” in which I discussed the work of Robert Epstein, a senior research psychologist at the American Institute for Behavioral Research and Technology in California. That was over four years ago. Since then, his research has carried forward, focusing on how “the biggest tech companies influence human behavior, and conducting extensive monitoring projects of bias in these companies’ products, with a particular focus on Google.”

I’m quoting from an article by Masooma Haq and Jan Jekielek, from page A4 of the latest issue of The Epoch Times. In that article, and in an online interview published April 7, we are told how vast this power is — capable of flipping close elections around the world — and how difficult the influencing is to identify.

And that’s not just because Big Tech outfits like Google are sneaky. 

Ephemeral events on our screens, like “a flashing newsfeed, a search result, or a suggested video are the ideal form of manipulation,” Epstein argues, “because they aren’t recorded and are hard to document.”

He insists they “affect us, they disappear, they’re stored nowhere, and they’re gone.” 

Think about what that means: we don’t know we’re being manipulated, and “authorities can’t go back in time to see what people were being shown,” explains Epstein.

But it’s worse: Google, like many “free” online service companies, started out as a Deep State project.

We shouldn’t be shocked to find that sneaky, evasive, ephemeral manipulation techniques have been pioneered by … tax-​funded spies.

This is Common Sense. I’m Paul Jacob.


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international affairs national politics & policies

In Deep with Biden

On Election Day, “the Empire hopes to strike back,” writes Daniel McCarthy for The Spectator. “Joe Biden personifies the foreign policy of endless war that Democrats and neoconservatives pursued for 25 years, from the end of the Cold War until the election of Donald Trump in 2016.”

McCarthy argues that “Biden’s overall record is one of foreign policy interventionism,” but Biden’s Senate voting record is iffy-​fifty: Biden “voted for the Iraq War, but he also voted against the 2007 surge.” He voted for the 1999 Serbian war, which destabilized relations with Russia, allowing the rise of Putin. But Biden voted against 1991’s Persian Gulf adventure which set the stage for post-​Cold War American megalomania.

Nevertheless, McCarthy argues that “Joe Biden is an archetypal liberal interventionist of the post-​Cold War variety. He understands war in the same terms as domestic policy: as an occasion to expand the power wielded by experts in Washington, whose moral and rational qualifications are beyond question — no matter how disastrous the consequences of their policies.”

Such a plausible case. War is certainly government “activism.”

McCarthy has spotted a real problem in “progressive liberalism,” and understands the “peer pressure” that so oppressively rules in the corridors of power. But he misses — perhaps merely for reasons of space — the sheer institutional power of the Deep State. It holds the secrets, it controls vast amounts of money, its immensity overpowers rational thought.

It is the government we cannot get to; it is the government that tried to “get” Trump.

Perhaps our “right to petition the government” can skip Congress and go right to the source, the Deep State.

Which really wants Biden to win.

This is Common Sense. I’m Paul Jacob.


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