Tag: first amendment

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crime and punishment First Amendment rights general freedom

Commission by Omission?

censorship, free speech, First Amendment

Debra Paul, publisher of the weekly Londonderry Times, should not be facing jail time for publishing political ads.

In a land where a First Amendment explicitly if imperfectly protects freedom of speech, does anyone believe she should be?

Well, the New Hampshire attorney general, for one. 

For two, whoever called his attention to the trivial oversight that led to Ms. Paul’s arrest last August. 

Her venial sin, if it’s even that, was to publish political ads that failed to include the legend “Political Advertisement” as required by New Hampshire law. 

The violation is punishable by up to a year of incarceration and a fine up to $2,000.

As Paul noted in August, “This is clearly a case of a small business needing to defend itself against overreaching government. To threaten a small business owner with jail time over something this insignificant is very heavy-handed.”

Insignificant, why? 

Not labeling a political message “Political Advertisement” is only controversial in the slightest when the message imitates normal editorial or news content. The arrest warrant reports that the ads in question were on the order of “VOTE YES ARTICLE 2.” 

Obvious political advertising.

Months later, Paul still awaits her fate. An arraignment is scheduled for later this month. On the advice of her lawyer, she had little to say when we asked her for an update about the case. But she hinted that a political adversary may have filed the complaint against her.

The net of multitudinous picayune laws that snagged Paul can snag anybody who does anything more culturally and socially ambitious than sitting at home staring at the wall all day. Such regulations can be exploited by anyone eager to harass someone for reasons quite apart from an alleged infraction.

This is Common Sense. I’m Paul Jacob.

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Illustration created with Midjourney

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First Amendment rights individual achievement social media

A Failure of Trust

Elon Musk, Twitter, free speech

Why is the Federal Trade Communication threatening to investigate Elon Musk’s acquisition of Twitter?

The FTC is reportedly reviewing the Tesla CEO’s takeover of the forum and will soon decide whether to conduct an anti-​trust probe of the transaction.

Musk hasn’t been entirely clear about his plans for Twitter now that he is on the verge of acquiring it. But we can expect that this avowed free speech absolutist will do his best to ensure that tweet-​speech is much more open than it has been. He won’t label every statement he dislikes as “hate speech” or “misinformation” and forthwith expunge it.

And this, I’m pretty sure, is the problem.

Certainly, no new “monopoly” is in the offing. It’s not as if we lack social-​media alternatives to Twitter — or that Musk already owns the alternatives. His other gigs pertain to electric cars, tunnels, and space flight.

The problem must be that government officials, too, expect that Musk will be a much better friend of unfettered speech than the previous Twitter insiders.

Officials expect — but also fear — that his Twitter won’t routinely terminate the speech of persons who dispute “official” doctrines about COVID-​19, elections, or what have you.

To fear the prospect of a Musk-​run Twitter is to fear open debate — debates that are unavoidable and should be welcome if we value citizen control of government.

But of course, those who seek to control us worry: if the people do not agree with them about what is and is not a fact, what is and is not the highest moral and political value, they might not stay in power.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets

Elon Musk Is Serious

Elon Musk, Twitter

Billionaire Tesla and SpaceX entrepreneur Elon Musk is showing the world how capitalism reforms wayward companies — like Twitter. 

It is done from within the system.

By stock ownership.

Becoming Twitter’s top stockholder — right after Musk told the Babylon Bee he just might have to buy Twitter to reform it — surely demonstrates serious intent.

But Twitter honchos have stressed that the mere advent of Elon Musk portends no major changes, a hint of things not to come. 

Moreover, a restriction on how many shares board members may purchase meant that had Musk joined Twitter’s board, he’d have been unable to ramp up the pressure for reform by becoming an even bigger stockholder.

So Musk chucked his original plan to join the board and decided, what the heck: If I do need to buy Twitter to fix its anti-​speech policies, I better outright buy it. He has reportedly offered $43 billion.

He says: “I invested in Twitter as I believe in its potential to be the platform for free speech around the globe.” But he now realizes that the company in its current form will never be that platform. 

“Twitter needs to be transformed as a private company.”

A week ago we asked, “Will Elon Liberate Tweeting?”

We’re still asking. Maybe the current owners love banning disagreement with themselves too much to give it up. 

Someone should tell them that are worse things to sell out for than open discourse and freedom of speech.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights national politics & policies

You Kill Me!

Biden, Covid, Facebook, censorship

“Facebook isn’t killing people,” President Joe Biden informed us yesterday. 

At least, “That’s what I meant,” he clarified ever-so-confusingly. 

Meant last Friday, after a reporter mentioned “COVID misinformation” and asked Joe: “What’s your message to social media platforms like Facebook?”

“They’re killing people,” replied the president. “I mean, it really, look — the only pandemic we have is among the unvaccinated. And they’re killing people.”

CNBC noted that Facebook “reacted defensively” to Biden’s friendly murder accusations, failing to hit LIKE on the administration’s characterization of its pandemic performance. 

“The facts show that Facebook is helping save lives,” a company spokesperson countered. 

“My hope is that Facebook, instead of taking it personally that somehow I’m saying Facebook is killing people,” Mr. Biden chided the social media giant, “that they would do something about the misinformation, the outrageous misinformation about the vaccine.” 

After all, the Biden Administration has certainly rolled up its sleeves, as White House press secretary Jen Psaki put it: “We’re flagging problematic posts for Facebook that spread disinformation.”

Yes, behind the scenes, this administration works with these behemoth social media corporations to help determine what hundreds millions of Americans will be permitted to say and share and discuss — on matters such as medicine, theories of disease origins, etc. 

Didn’t we just ride this pony? Remember the supposedly baseless, debunked, conspiracy-​nut-​fueled Wuhan lab-​leak theory? 

That idea was blocked from us by Facebook (and Google and YouTube) at the behest of Big Government Science … until just weeks ago.

It’s hard to keep up. 

Perhaps we are not supposed to.

This is Common Sense. I’m Paul Jacob.

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ballot access initiative, referendum, and recall

Initiative-​Crippling Law Clobbered

constitution, voting, speech, initiative, freedom

The right of citizen initiative is the right of voters to petition to get a measure on the ballot; then, if that happens, to vote on it and pass it. 

Many politicians hate this right and work to weaken it.

A few years ago, Florida’s Constitution Revision Commission considered sending a measure to the state ballot to treat voters who abstain from voting on a ballot question as having voted No. The proposal died on the vine, thankfully. But this is the kind of encroachment politicians fantasize about.

The latest attack on Floridians’ right of citizen initiative — a law to cap donations to such campaigns at $3,000 during the signature-​gathering phase — has just suffered a less definitive setback.

Federal Judge Allen Winsor in the Northern District of Florida halted the new law from going into effect on the very day it was scheduled to do so. (Cutting it a little close, aren’t you, judge?) He ruled that contributions to an initiative campaign are obviously a form of political expression and that the law would inflict irreparable harm if even briefly in force.

True. 

If petition organizers can’t raise the funds needed to collect the required 891,589 signatures, it becomes enormously harder to get a measure on the ballot and let voters have their say. A say that foes of citizen initiative rights certainly do not want voters to have.

The ruling blocks the law only until the court reaches a final resolution on its constitutionality, so this legal battle isn’t over yet. 

What is most certainly determined, however, is that Florida legislators don’t care about the Constitution. 

This is Common Sense. I’m Paul Jacob.

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social media

Threat/​No Threat

Facebook, censorship

Last week, I asked whether the social media companies that mine our data — which they obtain from our posts — might not expend a little more attention to allowing us to mine our own data with more ease and sophistication.

Today, let’s look at the biggest problem.

Politics.

Facebook and Twitter initially gloried in enabling users to easily communicate political ideas and activism. 

Then they realized that people don’t all agree, and that platform headmen Zuckerberg’s and Dorsey’s friends got upset when they lost, blaming Facebook and Twitter for allowing “democracy” to be compromised.

Now, that was overblown. Democracy wins when people use communication technology to convince others — just so long as they do not opt out of democracy’s integral respect for minority rights. 

Which is what Democrats accused Republicans — Trump was “obviously” authoritarian. 

Which is what Republicans also accused Democrats — and throwing people off a supposedly non-​partisan platform for partisan reasons sure looks anti-democratic.

Robby Soave, arguing to the contrary at Reason, says that “Both the Left and the Right Are Exaggerating the Threat Posed by Facebook.” His article’s blurb boasts his thesis: “Facebook can’t kill, jail, or tax you. It can only stop you from posting on Facebook.”

True — but is it true enough? The political ramifications of Facebook’s de-​platforming strike me as a great breach of contract — not just a matter of no physical threat. Plus, as mentioned Monday and previously, big tech is not immune to Washington’s political pressure and massive financial clout.

Meanwhile, Mr. Soave quotes Candace Owens, whose advice seems apt to me: “Twitter and Facebook are Fascist companies” that we should be “slowly migrating away from.…”

Soave is spot-​on to highlight the limits to Facebook’s clout, reminding that we can stop feeding their data mining operations.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights

Dissidents. Disagreement. Disinformation.

free speech, censorship

Politicians are ramping up assaults on political disagreement (with them) … only they call the disagreeable data “disinformation.”

The latest is a threatening letter by Democratic Representatives Anna Eshoo and Jerry McNerney to cable companies and digital providers such as Apple and Roku. Sample: “Are you planning to continue carrying Fox News, OANN and Newsmax on your platform both now and beyond the renewal date? If so, why?”

Bottom line: Do more to deprive dissidents of a forum! (Here we loosely define “dissident” as “anyone who disagrees with Eshoo and McNerney.”)

With such epistolary conduct the threat is implied. When congresspeople write a complaint like this, the “gun under the table” is understood. They can make laws or use existing laws — antitrust laws or 10,000 other possibilities in the kit bag of the federal leviathan — to pummel speech-enablers.

On Monday, I noted next month’s scheduled congressional inquisition of Twitter, Facebook and Google CEOs, the third such “hearing” in the last five months. That alone imposes a punishment of sorts … and to what purpose?

As Glen Greenwald cogently points out: “Congress violates the First Amendment when it attempts to require private companies to impose viewpoint-​based speech restrictions which the government itself would be constitutionally barred from imposing.”

Congressmen who oppose what Eshoo and McNerney are doing should take this attack on our right to speak very, very seriously. Government must not silence voices, directly or indirectly. If there’s a battle to pick in defense of our freedom, this is it.

Freedom of speech is our first, last, and most important defense against tyranny. Tyrants have never been fans. We must be. 

This is Common Sense. I’m Paul Jacob.

* It reminds me of President Trump complaining on Twitter about “Fake News out of NBC and the Networks” and asking

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First Amendment rights

Rewriting Amendment Number One

People once wondered — perhaps not very seriously — whether falsely shouting “Fire!” in a theater and telling hit men “Here’s $50,000; you will get the rest when you finish the job” count as speech that should be protected as a matter of right.

They do not. 

And it’s not so puzzling that freedom to exercise a legitimate right does not entail license to violate the rights of others.

But some people are eager to prohibit us from uttering statements that don’t come within twenty parsecs of such alleged quandaries. These censorious ones include big-​tech firms and big DC politicians like, for example, U.S. Senator Richard Blumenthal, a bully urging social-​media firms to crack down harder on the speech of “‘antivax’ groups.”

Such persons seem to think that the First Amendment as presently worded, at least the part protecting freedom of speech, is a big dumb mistake. What would they like it to say instead?

Maybe:

“Congress shall make no law abridging the freedom of speech, or of the press, unless a would-​be speaker wishes to dispute government-​endorsed or Google-​Twitter-​Facebook-​Amazon-​endorsed conclusions about medicine, vaccines, pandemics, masks, lockdowns, transgenderism, euthanasia, abortion, or election fraud; to spend ‘too much’ money on campaign speech; to utter ‘hate speech’ about chess pieces; to speak freely; etc.”

But then the First Amendment would be about as valuable as yesterday’s toilet paper as a bulwark against tyranny. 

Don’t flush our freedom of speech.

This is Common Sense. I’m Paul Jacob.

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social media

Fired for Being on Parler

censorship

Is the desire to speak freely a bad thing?

In tweets now “protected” from public view, Jennifer De Chiara, president of Jennifer De Chiara Literary Agency, professed distress upon learning “that one of our agents has been using the social media platforms Gab and Parler. We do not condone this activity.”

Her agency, she added, works “to ensure a voice of unity, equality, and one that is on the side of social justice.” So “Colleen Oefelein is no longer an agent at The Jennifer De Chiara Literary Agency.”

This announcement came some weeks after Oefelein reported (on Twitter) that she’s “now also posting on Parler. It’s a great platform with no censorship!”

Tech giants like Twitter and Facebook have become increasingly brazen about banning users for uttering wrongthink. Hence the appeal of pro-​free-​speech alternatives like Parler and Gab.

De Chiara and Oefelein certainly disagree on the exact reason for the firing. Oefelein says it was for being “a Christian and a conservative.”

Of course, their two explanations are not mutually contradictory.

Anyway, it is significant that De Chiara explains the firing by specifically citing Oefelein’s use as such of a pro-​free-​speech platform. Also significant is that her explanation includes nothing to the effect that Oefelein expressed anything even so much as politically incorrect … or, let’s note, that she was bad at her job.

One apt response to deplatforming is shunning, the boycott of (in this case) the Jennifer De Chiara Literary Agency. If you are an author or agent working with the agency and you disapprove of such retaliation against the desire to speak freely, find another agency.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights ideological culture

Cry No More

Jordan Peterson, censorship

And the children sing: “you can’t always get what you want.”

It’s a Rolling Stone song, and its album version does actually feature a children’s chorus (over adult singers).

I mention it not because I’ve just listened to the non-​choral version put up in April by the famous rock group, a special pandemic recording. Though I just did. And perhaps it’s on my mind because the song was used by Donald Trump on his way to the White House, and at the present moment it sure doesn’t look like he’s going to get a second term.

“No, you can’t always get what you want want./ But if you try sometime, you just might find/​ You get what you need.”

A silver lining for Trump voters?

No. It just came to mind when I learned that employees at Penguin broke down in tears when they learned that the huge publishing company was going to publish Jordan Peterson’s follow-​up to his 2018 best-​seller, 12 Rules for Life.

There was weeping, and it wasn’t for joy.

You see, the young people in the company said that Peterson is “an icon of hate speech and transphobia.” Oh, and he’s also “an icon of white supremacy,” and the lamenter admitted that “regardless of the content of his book, I’m not proud to work for a company that publishes him.”

It is really hard to sympathize. A major publishing company in an open society must be expected to publish a wide variety of material. So, buck up, as Peterson likes to say. Unless you own the place, you can’t always publish what you want.

More importantly, note that word: icon. That’s an image that stands for something by looking like that something.

How does Peterson look like a white supremacist or transphobe? 

By imputation. By ignoring his arguments. And by treating his fans as wholly other and as a unified mass.

Who can be hated and denied ever getting what they want. 

But such desired censorship is certainly not what we need.

This is Common Sense. I’m Paul Jacob.

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