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First Amendment rights litigation national politics & policies U.S. Constitution

Visas for 1st Amendment Foes?

Last December, the U.S. State Department imposed visa bans on five persons who, Secretary of State Marco Rubio said, “have led organized efforts to coerce American platforms to censor, demonetize, and suppress American viewpoints they oppose.”

But is it okay for the U.S. government to withhold visas from foreigners acting to undermine the freedom of speech of Americans?

Not okay! says a judge trying to put a halt to the administration’s withholding of visas from foreign officials and others who push for such censorship.

Why? Because noncitizens “could reasonably understand the policy to place their immigration status at risk — not because they wield foreign sovereign power or facilitate ​its censorship, but simply because they work in content moderation.” 

The don’t-attack-freedom-of-speech requirement is said to unlawfully burden noncitizen speech.

Of course, to withhold or revoke a visa does not stop anyone’s speech. The persons thus deprived are at liberty to keep demanding the curtailing of online U.S. speech. They’re not being tossed in the hoosegow.

The judge’s stance could be used to waylay any attempt to counteract specific coercive actions by noncitizens to undermine U.S. freedoms, whether originating from Brussels or Beijing. All such attacks manifest the actors’ often-articulated viewpoints.

Indeed, some persons contend that ejecting formerly visa-equipped foreign students from the U.S. for terrorizing Jewish students and vandalizing campuses are suffering from violations of freedom of speech. This is incorrect. No foreign-based soldiers in a war against U.S. freedoms possess an inalienable right to condition-free visas.

This is Common Sense. I’m Paul Jacob.


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To the Teeth

“A good move in Ukraine would have been to arm it to the teeth,” says historian Frank Dikötter. “A good move today with Taiwan would be to arm it to the teeth.”

Dikötter was responding to Peter Robinson, host of Hoover Institution’s Uncommon Knowledge program, who asked if the Trump administration’s National Security Strategy, published last November, was “a good move.” The document states that “Deterring a conflict over Taiwan . . . is a priority,”

Note how quickly “the most widely read living historian of modern China” bee-lined from the published strategy paper to the question of actual military might. 

“Taiwan is essential,” Dikötter added emphatically. “Absolutely essential.”

But why, though? The National Security Strategy explains it is “partly because of Taiwan’s dominance of semiconductor production” — everyone brings that up — “but mostly because Taiwan provides direct access to the Second Island Chain and splits Northeast and Southeast Asia into two distinct theaters.” 

If you are thinking that’s just war talk, think again: “Given that one-third of global shipping passes annually through the South China Sea, this has major implications for the U.S. economy.”

And the world’s, I might add.

Later, Robinson asked if the historian had any advice to offer President Trump. He touched on containment and reciprocity and then offered a third bit of counsel regarding China . . .

Dikötter: Stand up. Stand Up. Stand up. This is a big bully that huffs and puffs but its aircraft carriers aren’t all that great, its economy isn’t all that great, its political stability isn’t all that stable. 
Robinson: So you would recommend a president . . .  
Dikötter: Be a little tougher.
Robinson: . . . call them out, like Ronald Reagan called out the Soviets?
Dikötter: Yes, exactly!

It may very well be that the more we Americans call out the CCP — the more we stand up against the bully — the more our leaders will follow.

This is Common Sense. I’m Paul Jacob. 


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Constitutional Tourism

“I would like to congratulate President Xi, and the Great Country of China, on their massive Birthright Citizenship WIN!” President Donald Trump posted on Truth Social last week, after the Supreme Court struck down his executive order, which declared that children born of mothers in the country illegally or on a temporary visa were not covered by the “birthright citizenship” clause of the 14th Amendment.

Mr. Trump was referring to “birthright tourism,” pregnant women traveling to this country with the sole purpose of giving their child automatic U.S. citizenship. In his new book, The Invisible Coup: How American Elites and Foreign Powers Use Immigration as a Weapon, Peter Schweizer charges that the Chinese government has “created a system whereby it’s happening on an industrial scale,” that in the last decade more than a million Chinese mothers have traveled to America to give birth.

How can we be untroubled that more than a million kids growing up in Communist China today have a legal right to come to the United States at any time?

In his concurring opinion, Justice Brett Kavanaugh argued that, “consistent with the Fourteenth Amendment,” Congress could “enact new legislation establishing exceptions to birthright citizenship . . .”

The president cheered the idea: “No long and unwieldy Constitutional Amendment is necessary!”

Yet, none of the other five justices in the majority left that statutory door open; it likely will require a constitutional amendment. And that should not be impossible, but in the last half-century not even one has been both introduced and ratified.

Sen. Rand Paul introduced an amendment back in April on birthright citizenship. Sen. Tom Cotton has one, too. 

Constitutions exist to keep government under citizen control. If we can never alter a word in that compact, we lose that control.

This is Common Sense. I’m Paul Jacob. 


Note: Even more so, we need amendments to prevent court-packing, establish term limits on Congress, and secure that only U.S. citizens can vote in federal elections.


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What the World Needs Now

With roughly 200,000 soldiers serving on 700 military bases in 80 countries throughout the world as well as on the high seas, the United States sure has its hands full.

While many Americans protest our government’s world policeman job, here we are, where we’ve been for decades . . . addressing commitments to militarily defend 67 countries.

What with the new Iran War, Israel’s actions in Lebanon, and the ongoing Ukraine War — not to mention continued Yemeni attacks on Red Sea shipping and bloody conflicts raging throughout Africa — it almost seems like World War III has started unannounced. 

And all this before we even consider Asia, where, as The Economist bluntly puts it, “China has been bullying America’s allies.” China’s increasing harassment and invasion threats against Taiwan, its claim to 90 percent of the entire South China Sea, its regular attacks on Philippine and Vietnamese fishermen, deadly clashes with India, and less than peaceful behavior toward Australia and Japan has put the entire region on edge.

For my six decades, the United States has been the dominant military power in the world. Yet, with China’s massive military buildup that is now an open question in Asia. Which is why failure to help Taiwan defeat a Chinese attack would destroy U.S. credibility there . . . and likely far beyond.

So, how do we ever relinquish the badge of world’s policeman? One word: Allies. 

As much as the USA has been the indispensable nation leading the free world, that does not mean we can go it alone against authoritarians globally. We need strong allies, so we don’t have to. 

We know that a NATO-type alliance in Asia scares the daylights out of the Chinese Communist Party.

Surely that would be a better deterrent than just the singular U.S. cop. 

This is Common Sense. I’m Paul Jacob. 


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Common Sense defense & war general freedom Today

Last Monday of May

Once called Decoration Day, this last Monday of May is a federally designated holiday set aside from the normal course of days for solemn reflection on the sacrifices made by soldiers — many with their very lives — in past wars of the United States of America.

In past episodes of Common Sense with Paul Jacob, you can find

In Memory of the Fallen” — May 25, 2025 — “Don’t we owe them our freedom? I certainly believe we owe it to the fallen to keep that freedom alive.”

Memorial Day Questions” — May 25, 2015 — War in the time of President Obama. “Vets deserve, and we all need, more (not fewer) questions of presidential candidates, such as the hypothetical inquiry of former Florida Gov. Jeb Bush on Iraq, and the hypothetical Libya question Sen. Rand Paul suggests should be posed to Mrs. Clinton.”

Disneyland vs. Politicians” — May 30, 2016 — “Do congressmen wait months to get a medical appointment? No. Then why not close the VA and give veterans the same healthcare coverage as our (pardon the term) representatives?” 

Of Horror and Honor” — May 25, 2020 — “Last year, when the public relations wing of the U.S. Army asked, on Twitter, “How has serving impacted you?” the bulk of the responses were not what was hoped for. What came like tear drops and bursts of rage were thousands of horrific tales, expressions of sorrow, bitterness and despair.”


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Last Thing Needed

“I think the last thing we need right now is a war that’s 9,500 miles away.”

Just place a period after the word “war” in President Trump’s comments to reporters, after last week’s summit with Chinese ruler Xi Jinping and discussion about China’s democratic neighbor, Taiwan, the Republic of China.

Which raises the question: How best to avoid war over Taiwan?

U.S. military policy requires being capable in this very theater. The Taiwan Strait (7,900 miles from Washington, not 9,500) is closer to the U.S. than is the Philippines, with whom we have a military defense treaty, and not much farther than Japan and South Korea, also treaty-entitled to our defense. One Japanese island sits less than 70 miles from Taiwan.

Communist China, the People’s Republic of China (PRC), claims Taiwan as a province, demanding “reunification” — by force as soon as they can get away with it. Yet, the PRC has never governed one inch of Taiwan

As Ambassador Alexander Yui, Taiwan’s representative to the U.S., explained on Face the Nation yesterday: “We’re not the ones creating all this trouble.” 

The People’s Liberation Navy — now the world’s largest — has sunk Vietnamese boats and regularly harasses Filipino ships. Though Xi had promised President Obama that China would not militarize islands in the South China Sea, the PRC now boasts 10,000 Chinese soldiers on 27 illegal military outposts. 

In the wake of the summit, where Xi sought to talk Trump out of completing a $14 billion dollar arms sale to Taiwan, our president must determine if placating the Chinese will make them behave peacefully.

Or will strength, specifically military strength, better serve the cause of peace?

Taiwan’s and ours.

This is Common Sense. I’m Paul Jacob.


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Sharing Power with Evil

“What does America do next?” Tucker Carlson recently asked Jiang Xueqin, the Chinese Canadian known for his Predictive History YouTube channel.

“So, what I would do is basically sit down everyone, okay, including Russia, China, Iran, and say, ‘it’s time for a new world order where we are partners in this relationship,’” explained ‘Professor’ Jiang. “Before America was a hegemon, before the U.S. dollar was a world reserve currency, but now what we want to do is open a dialogue where everyone is respected, where America is no longer the bully but a willing partner in creating a new economic order that benefits everyone and not just a few.”

To which, Mr. Carlson responded: “I think that’s the wisest possible advice and probably the only path that preserves civilization.”

The previous day, he declared, “The U.S. is not going to defend and cannot defend Taiwan.” 

After informing Zanny Minton Beddoes, The Economist’s editor-in-chief, that “we’ve reached the limits of our power and power has limits,” she inquired, “What about Japan and South Korea?” 

“Oh, man, it’s hard,” acknowledged Tucker. “I don’t understand exactly how that’s going to go . . . But, in the end, big powers want to and get to control their regions . . . hopefully in a non-brutal, enlightened way, but they want some influence over their neighbors. 

“We can no longer be the sole author of terms, of commerce, of anything,” he offered. “We have to share power.” 

“With China?” injected Beddoes.

“Of course,” he shot back, “because of their scale. And so, there’s got to be a non-destructive way to do this.”

The Chinese Communist Party’s regime is the most destructive in world history. Let’s not partner.

This is Common Sense. I’m Paul Jacob.


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What, We Worry?

For many decades, U.S. presidents have cited national security as a reason for this or that exercise of power . . . and spending. 

Watching CBS’s 60 Minutes two weeks ago, it became painfully obvious that “national security” are simply two words our past leaders spat out when politically convenient and not at all a concept to which they have paid serious attention.

The first story in the popular TV news magazine’s March 22nd episode concerned rare earth metals. 

“Right now, China holds a near-monopoly over these strategic metals that are key components in so much that makes the modern world go: smartphones, robotics, EV’s; also fighter jets, drones and radar technology,” explained correspondent Jon Wertheim. “That is, China controls materials essential to America’s ability to wage war.”

Quite a problem, especially considering that China is our most powerful and aggressive adversary. 

Shipbuilding, or the lack thereof, was the subject of the segment that followed. 

“The war in Iran is highlighting the importance of ships — not just warships but cargo vessels — like those carrying oil or gas trapped near the Strait of Hormuz,” Lesley Stahl reported. “But American shipbuilding is in shambles, due to decades of shortsighted policies and neglect.

“Our submarine building program is sluggish. And our commercial shipbuilding is nearly extinct,” she continued. “China makes roughly 1,000 cargo ships a year. The U.S.? Maybe three. The Trump administration has called this a national security crisis.”

Had presidents George H.W. Bush, Bill Clinton, George W. Bush, and Barack Obama been awake and competent, and not lapdogs for Beijing, I wonder what they would have called it. 

This is Common Sense. I’m Paul Jacob.


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Iran and the Rubicon

Last weekend, Cenk Uygur, of the alternative news commentary show The Young Turks, focused on the Iran war, including one of its stranger developments, rumors that the Trump Administration is planning to arrest a different news commentator, Tucker Carlson. 

And try Mr. Carlson for treason.

“If @TuckerCarlson is actually arrested, the government will have crossed the Rubicon,” Mr. Uygur posted to X. “Whatever ridiculous charges they bring up, everyone will know real reason was that he opposed the war and Israel. He’ll be considered [the] first American political prisoner within our own country.”

A factual corrective to this was provided Sunday, on this site, at least about the historical background of imprisoning journalists critical of a U.S.-involved war: Woodrow Wilson did that. He “crossed the Rubicon” over a hundred years ago. And he wasn’t the first president to do so.

But is there any real push to try Tucker Carlson for treason?

Robbie Soave, writing on Tuesday, surmised that, considering Carlson’s connections with the administration, the commentator is not likely paranoid or making things up.

And you can certainly find arguments pushing a treason case, and worse — for example, Israeli journalist and historian Yair Kleinbaum wrote in JFeed that “Carlson, Fuentes and Owens Must Be Jailed Inside a WWII-Style Internment Camp.”

At least, apparently, “while America is locked in a struggle against the dark forces of Shia Islam.” (Note that one consequence of the Iraq War was to attack Sunni Islam and install Shia Islam in Mesopotamia.) “Once the war is won and the threat is neutralized, we can release them,” Kleinbaum concludes.

Let’s hope this treason talk is all rumor. Arresting Tucker Carlson won’t improve the popularity of the Iran War.

This is Common Sense. I’m Paul Jacob.


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U.S. Bans EU Censors

European leaders are condemning American use of visa bans to penalize European enemies of American freedom of speech.

Which is understandable, since the U.S. State Department more than merely condemned the European Union.

In the words of Marco Rubio, the five just-sanctioned persons “have led organized efforts to coerce American platforms to censor, demonetize, and suppress American viewpoints they oppose.”

Thierry Breton. Former EU commissioner and top proponent of the Digital Services Act, which seeks to force U.S. tech giants to “police illegal content more aggressively” or face big fines. “Illegal” here doesn’t mean speech deployed to commit bank robberies; it’s speech EU censors dislike.

Josephine Ballon and Anna-Lena von Hodenberg. Leaders of HateAid.

Clare Melford. Leader of Global Disinformation Index, which, the State Department observes, exhorts “censorship and blacklisting of American speech and press.”

Imran Ahmed. Leader of Center for Countering Digital Hate, described by Breitbart as the “deplatforming outfit which defined its central mission as ‘Kill Musk’s Twitter.’ ” CCDH also worked hard to get Breitbart and other sites blacklisted from social media.

Maybe none of these villains was planning a trip to the United States anytime soon.

And, doubtless, much more could be done to combat overseas attempts to censor Americans. But at least this much action against enemies of our First Amendment rights is warranted, even if mostly symbolic.

Just give us a little more time, European leaders. We’ll do more to oppose and thwart your obnoxious global censorship agenda. 

This is Common Sense. I’m Paul Jacob.


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