Tag: first amendment

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crime and punishment folly general freedom ideological culture media and media people national politics & policies

Shadow Boxing with “Nazis”

Ben Shapiro, Jane Coaston, The New York Times, Nazis, violence, free speech, First Amendment

Voltaire’s prayer, “make my enemies ridiculous,” has been granted to Ben Shapiro.

The New York Times has graced its pages with the writings of one Jane Coaston, who, in “The Hollow Bravery of Ben Shapiro,” accuses the brilliant intellectual pugilist Mr. Shapiro for “shadow boxing meant to pander to his conservative fans.” 

And while she admits the truth that “campuses tend to be hostile places to conservatives like Mr. Shapiro, Charles Murray and Heather Mac Donald,” she insists that “the notion that they are the cultural underdogs is bogus.”

Failing to back up her “cultural underdog” thesis in any way, Coaston’s essay wanders off, evading the street and campus violence by leftist activists who, until recently, were given de facto license by mayors and college administrators to shout down, beat up and “de-​platform” people they called “fascists.”

By just glossing over all this, Ms. Coaston is pandering to her audience — certainly not challenging it, which is precisely what she accuses Mr. Shapiro of doing.

Amusingly, I noticed this journalist arguing earlier this year that “you should punch Nazis in the goddang face.”

But Antifa and other “Nazi-​punchers” aren’t in the habit of sending out questionnaires before planting fist to face or bike lock to noggin. 

Which brings us to the ridiculous. She minimizes the extent to which Ben Shapiro and others have been threatened (and their fans violently attacked) by mobs shouting against “fascism” and “Nazis.” And yet she provided not merely the intellectual ammunition for this practice, she provided the declaration of war.

Maybe she has a career in politics.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom media and media people moral hazard national politics & policies Regulating Protest too much government

Crossing the Twitter Rubicon

Liberty, Trump, censorship, NBC, New York Times, First Amendment

No sooner had I upbraided media folks for overreacting to various presidential peccadillos regarding Puerto Rico, when Donald J. Trump, in his running media battle, crossed a line with this week’s most notorious tweet.

He first complained, perhaps correctly, that, “Fake @NBCNews made up a story that I wanted a ‘tenfold’ increase in our U.S. nuclear arsenal. Pure fiction, made up to demean.” But then the chief executive officer of the United States of America tweeted this: “With all of the Fake News coming out of NBC and the Networks, at what point is it appropriate to challenge their License?”

The answer to his question is: never.

The Federal Communications Commission licenses the network affiliates of ABC, NBC and CBS across the country — not the networks themselves — to broadcast their television signals using public airwaves. Still, through those affiliates a tyrannical FCC could no doubt damage the networks. 

Government licensing of media outlets is anathema to the First Amendment. And the thought of the POTUS actively threatening the ability of NBC or other networks to report the news as they freely decide is … well, unthinkable.

I don’t buy the accusations that Trump is undermining freedom of the press by criticizing the press — even arguing by tweet, “The FAKE NEWS media (failing @nytimes, @CNN, @NBCNews and many more) … is the enemy of the American People!” The president is as free to criticize the media as the media is free to criticize the president.

It might be his duty.

But considering the use of official government power to potentially “shut down NBC and other American networks,” as UK’s Independent reported, or just to temper their coverage?

Despotism.

This is Common Sense. I’m Paul Jacob. 

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Accountability crime and punishment government transparency moral hazard responsibility too much government

Half a Win Is Better than None

Terrebonne Parish, Sheriff, Jerry Larpenter, free speech, First Amendment, abuse, ExposeDAT, Jennifer Anderson

Jennifer Anderson criticized her local sheriff. Her family’s home was raided in 2016 by the sheriff as a result.

Terrebonne Parish Sheriff Jerry Larpenter’s reaction to criticism was ugly and unconscionable, but it hasn’t been allowed to stand. On the other hand, the sheriff hasn’t been adequately punished, either. 

Jennifer Anderson’s pseudonymous blog ExposeDAT criticized various public figures in Terrebonne Parish, Louisiana, including with respect to the business relationships between Larpenter and others. Bridling at the criticism — which had to do with assessment of publicly available facts — the sheriff submitted warrants to Facebook and AT&T to track down the identity of the blogger. Then he sent men to raid the Andersons’ home and grab computers and cell phones. 

The Andersons fought back, suing in federal court. They wanted the raid and seizure and search of their private stuff to be declared unconstitutional.

Finally, this September, the Andersons reached an undisclosed settlement with Larpenter out of court. According to its terms, the Andersons aren’t allowed to discuss it any detail. But their attorney says the settlement is “a victory for citizens’ right to be critical of their elected officials without fear of retribution.” U.S. District Court Judge Lance Africk has said that “Jennifer Anderson’s speech [in her blog] falls squarely within the four corners of the First Amendment.”

All that’s fine, but why hasn’t this sheriff also at least been kicked out of his job for his blatant abuse of power? 

This is Common Sense. I’m Paul Jacob.

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Accountability First Amendment rights incumbents local leaders Regulating Protest U.S. Constitution

Homer’s Recall Odyssey

recall, election, voting, first amendment, free speech, ACLU, politicians,

Freedom of speech isn’t a free pass to avoid the consequences of what one says. Or does. Tell that to three members of the Homer, Alaska, city council — Donna Aderhold, David Lewis and Catriona Reynolds — who are the subject of a recall petition.

Well, a superior court judge just did.

Represented by the ACLU, the trio sued to block a recall petition with more than enough voter signatures. Their lawsuit challenged the city attorney’s acceptance of the legal rationale for the recall, claiming the recall attempt punishes the politicians for their speech.

“To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment,” Superior Court Judge Erin Marston ruled, “would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials.”

Now the recall moves forward.

In most of this Land of the Free, citizens lack the ability to recall their elected officials. In places that do have the process, it is rarely used. When it is used, it is often portrayed as voters throwing a temper tantrum. 

Or an unfair election do-over. 

Or mean-​spirited ‘vendetta politics.’

Not so. The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new. 

Seems pretty reasonable. 

When politicians are recalled and removed, they deserve it.*

This is Common Sense. I’m Paul Jacob.

 

* The problem seems never to be that good politicians are being recalled, but that too many politicians who should be recalled are not. Back in 2003, the governor of California was recalled. He deserved it. In 2011, a whopping 88 percent of Miami-​Dade County voted to recall Mayor Carlos Alvarez. He earned it, too.

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crime and punishment First Amendment rights folly ideological culture moral hazard national politics & policies responsibility

Campus Freedom in Peril

Charles Murray, protest, violence, free speech, Bell Curve, students, intimidation
  1. What is the percentage of tenured faculty on American campuses who are still unambiguously on the side of free intellectual exchange?
  2. What is the percentage of them who are willing to express that position openly?

Sociologist Charles Murray asked those questions near the end of his reflections on Thursday’s Middlebury College event, in which his speaking engagement was interrupted by shouting mobs and he and his colleagues were physically attacked*.

Murray thinks the answer to the first question is “more than 50 percent.” He doubts that is the answer to the second.

He is pessimistic about free inquiry on campus.

And has reason to be.

College faculty members are closing ranks, as many at Middlebury did, calling Murray — famous for books such as Losing Ground and The Bell Curve — “a discredited ideologue paid by the American Enterprise Institute to promote public policies targeting people of color, women and the poor”** and “not an academic nor a ‘critically acclaimed’ public scholar, but a well-​funded phony.”

Mark J. Perry has listed many more complaints, all offered as reasons not to listen or debate with the famous intellectual.

That was last Thursday. On Saturday, a pro-​Trump, “Proud Boys” march in Berkeley culminated not only in violence, bloodied faces, destroyed property, but also in the burning of a purloined “Free Speech” placard.

The University of California at Berkeley seems uninterested in controlling the mobs. Berkeley City Police have poorly defended non-​leftist protestors. It’s open season on freedom of speech and the right to peaceably assemble.

Unless something is done, officially, mobbing will be the new normal. And our basic rights? A memory.

This is Common Sense. I’m Paul Jacob.

 

* His colleague Professor Allison Stanger was seriously injured in the riotous shoving and grabbing. Murray tweeted yesterday, “Everybody in the mob could be criminally prosecuted, but those who injured Prof. Stranger must be.”

** It is worth noting that his recent Coming Apart was entirely devoted to the economic performance and culture of white Americans.

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crime and punishment First Amendment rights ideological culture moral hazard national politics & policies responsibility

Wolves Crying Wolf

By any means necessary, BAMN, protest, free speech, fascist, first amendment, censorship, violence

People have a right to defend themselves. Right? Especially against rape and murder.

“This is not about free speech,” Yvette Felarca yelled to the crowd at the University of California-​Berkeley, gathered weeks ago to “shut down” a scheduled speech by Milo Yiannopoulos, the controversial Breitbart editor.

Felarca, a national organizer for By Any Means Necessary (BAMN)*, the militant group with the incendiary name, argued that Milo wasn’t “interested in any genuine debate.”

She continued, “But what they’re really trying to do is they’re trying to assert their power, threaten us, intimidate us, rape us, kill us! This is real. This is life and death.”

Given such sentiments, it is hardly surprising that the protest turned violent — leaving people beaten, bloody on the pavement, and racking up $100,000 in property damage.

Not to mention causing the cancellation of the talk sponsored by the Berkeley College Republicans. Felarca called this a smashing success. Asked by reporters how she could justify violence to squelch speech, Felarca simply dubbed Milo “a fascist.”

Yesterday, in my Townhall column, “Hate Is Our Business,” I addressed the Southern Poverty Law Center’s just-​released report, “The Year in Hate and Extremism.” The report continued the SPLC’s habit of calling entirely peaceful conservative and religious organizations “hate groups.”

The man who shot a security guard at the Family Research Council in 2012, but was thankfully blocked from further mayhem, used the SPLC’s “Hate Map” to target their office.

In its reports, the “progressive” SPLC completely ignores BAMN and violent left-​wing groups. And by crying wolf in mislabeling non-​violent organizations as “hate groups,” it provides the unhinged — BAMN, Antifa, and lone-​wolf lunatics — very dangerous ammunition.

This is Common Sense. I’m Paul Jacob.

 

* Ms. Felarca also has a day job, as a public school teacher at Martin Luther King, Jr. Middle School in the Berkeley Unified School District. That has generated some controversy.

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crime and punishment First Amendment rights general freedom initiative, referendum, and recall nannyism national politics & policies political challengers responsibility too much government

A Private Party

Donald Trump, delegates, unbound, convention, crime, vote

Virginia delegate Beau Correll won’t cast his first ballot vote at the Republican National Convention for Donald Trump, and won’t go to jail, either.

As discussed last Thursday, at issue is a state statute requiring* delegates to vote for the plurality winner of the party’s primary. On the Republican side, that’s Mr. Trump. Yesterday, Federal Judge Robert Payne ruled the law unconstitutional, no law at all, because it violates Correll’s First Amendment rights to speak and associate politically.

“In sum, where the State attempts to interfere with a political party’s internal governance and operation,” the federal judge wrote, “the party is entirely free to ‘cancel out [the State’s] effort’ (Def. Resp. 28) even though the state has expended financial and administrative resources in a primary.”

Love ’em or hate ’em, political parties are private associations, properly protected by the First Amendment.

But is it fair to hold primary elections, at taxpayers’ expense, and then ignore the votes of so many people?

Easy answer: NO.

Sure, Judge Payne correctly struck this statute, but it doesn’t follow that states must foot the bill for party primaries and national conventions or provide legal preference. Up to now, incumbent politicians have quietly legislated a relationship of too-​friendly collusion between government and the major parties.

It’s time for citizens to look at initiatives to mandate separation of political party and state.

More immediately, the implications for the coming GOP convention in Cleveland are obvious and far-​reaching. “The Court’s decision,” as Correll’s attorney David Rivkin summarized, “follows more than 40 years of precedent in firmly rejecting Donald Trump’s legal opinion that delegates are obligated by law to vote for him.”

The delegates are free.

This is Common Sense. I’m Paul Jacob.

 

* Penalty for non-​compliance? One year in prison.

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Donald Trump, delegates, unbound, convention, crime, vote

 

Original photo credit: Gage Skidmore on Flickr

 

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First Amendment rights general freedom individual achievement obituary

A Life Too Short

ElizaBeth Garrett

One lesson from the classic film, It’s a Wonderful Life, is that “Every man’s life touches so many others.”

Every woman’s life does, too.

On Monday, I was stunned and saddened to read in my morning paper that Cornell University President Elizabeth “Beth” Garrett had died, barely a month after being diagnosed with colon cancer, at only 52 years of age.

“Being the first woman president of Cornell, just as I was the first woman provost at U.S.C., puts me in the position of being a role model — not just for young women, but also for men,” she told an interviewer.

While at the University of Southern California, Beth “was the driving force behind the Initiative and Referendum Institute becoming part of USC,” according to my friend, Dane Waters, founder of the Institute.

I met her in the late 1990s. While we certainly were not in full agreement politically, my respect for her intellectual honesty grew and grew. She produced top notch research on the initiative process

And she cared. Years ago, when the Oklahoma Attorney General unsuccessfully sought to persecute myself and two others, Beth Garrett, an Okie native, reached out to lend her moral support.

Reason magazine mourned her passing by calling her “a staunch defender of free speech on campus.”

“There isn’t any idea that ought not to be tested and questioned,” Garrett once told students. “Because that’s how we get closer to the truth.… So if you disagree with someone, the answer isn’t to shut them down.”

Beth Garrett lived a wonderful life, leading by example. We’ll miss her.

This is Common Sense. I’m Paul Jacob.

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ElizaBeth Garrett

 

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crime and punishment First Amendment rights general freedom moral hazard national politics & policies Snowden

Structurally Opinionated B. S.

Edward Snowden, iPhone, First Amendment, privacy, Apple, illustration

Edward Snowden, the infamous American whistleblower now exiled in Russia, says the FBI’s claim that it cannot decode the infamous San Bernardino terrorist’s iPhone is, and I quote, “Bernie Sanders.”

Oops.

He used another word-​set, also sporting the initials B. S.

I got confused because, though the press has been fretting endlessly about the B.S. coming from Donald Trump, the real corkers of late have come from Bernie Sanders, who seems to think that white people cannot be poor or oppressed* and that the successes of free markets elsewhere serve perfectly as excuses for Big Government interference here in America.**

Mr. Snowden, who knows a lot more about encryption and decryption than I do, has given more weight to my suspicion that the whole FBI case against Apple — demanding that Apple create software to decrypt the company’s customers’ iPhones, and supply (on an allegedly case-​by-​case basis) the decrypted private information to the government — is a sham.

Snowden insists that there are multiple ways to do the job.

“Other technologists have explained how the FBI could have easily accessed the phone’s latest iCloud backup,” a report on Snowden’s judgment elaborated, “if agents working with San Bernardino County had not reset the iCloud password.”

Once again, a government failure leads to another push by government to correct for its failure, burdening citizens.

In this case: folks at Apple.

Interestingly, Apple’s legal defense appears to rest heavily on the First Amendment’s free speech guarantees, arguing that the demanded software is value-​laden speech, is literally made up of such.

The exact term is “structurally opinionated,” which I nominate for the jargon phrase of the year.

This is Common Sense. I’m Paul Jacob.

* Sanders has recently said, in one of those interminable debates that I can no longer watch in full, “When you are white, you don’t know what it’s like to be living in a ghetto, you don’t know what it’s like to be poor, you don’t know what it’s like to be hassled when you are walking down a street or dragged out of a car.” As if “white privilege” amounts to immunity from poverty or oppression.

** Sanders, whose Tweets are as insane as his spoken pronouncements, recently lamented how Romanians in Bucharest have faster Internet speeds than Americans — without realizing they’d achieved these levels of access by wide-​open, unrelenting, and wild competition. That is, Laissez Faire capitalism.

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Edward Snowden, iPhone, First Amendment, privacy, Apple, illustration

 

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First Amendment rights folly general freedom ideological culture national politics & policies privacy U.S. Constitution

Our Masters’ Malign Agenda

Constitution, Bill of Rights, Politics, Terrorism, populism, Common Sense

Reacting to terrorism, President Obama’s first thought? Scratch out the Second Amendment and the Fifth Amendment’s guarantee of “due process” from the Bill of Rights. Why? To advance his mania for gun control.

Now comes Republican front-​runner Donald Trump, one-​upping the president. He wants to block any Muslim from entering the U.S. — whether immigrant, refugee or even tourist.

That’s after advocating a government database for tracking American citizens who are Muslim.

Terrorism is winning.

Ignore the Constitution? Disregard individual rights? Demonize an entire religion? Thus our leaders play into ISIS’s hands, encouraging Muslims worldwide to see the U. S. as their enemy.

Cooler heads must prevail. Or else. A Republican friend posted on Facebook that he “would gleefully vote for Hillary Clinton over Trump.” I just cannot muster any glee.

In fact, I’m beginning (again) to wonder if John Fund wasn’t on to something last June, when he wrote in National Review that “just maybe Trump is a double agent for the Left.”

Think “Manchurian Candidate.”

“It’s all very un-​American,” my friend Suhail Khan, an American Muslim and conservative activist, told the Washington Post. “Our country was based on religious freedom.”

No more?

Surely, our experiment in limited government has not ended.

But we need to get serious.

We must demand a real commitment from any candidate seeking the country’s highest office. To be entrusted to execute our union’s laws, he or she must actually demonstrate allegiance to the rule of law.

That is, a willingness to fit one’s ego within the confines of the Constitution.

This is Common Sense. I’m Paul Jacob.

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Constitution, Bill of Rights, Politics, Terrorism, populism, Common Sense