Tag: free speech

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Accountability folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies too much government U.S. Constitution

Statues and Limitations

Thomas Jefferson, pixelated, Robert E. Lee, Washington, Jefferson, free speech, slavery, Nazis, Charlottesville, KKK, slippery slope

“Should they take down the Jefferson Memorial?” 

That is what PBS’s Charlie Rose asked Al Sharpton. Now, the “Reverend” is not my go-​to source for political insight, but his answer* caught my attention. 

“I think that people need to understand that, when people that were enslaved and robbed of even the right to marry and had forced sex with their slave masters, this is personal to us,” replied Rev. Sharpton. “My great-​grandfather was a slave in South Carolina … Our families were victims of this.”

Asked if this precluded “public monuments” for “everyone associated with slavery,” Sharpton argued: “When you look at the fact that public monuments are supported by public funds, you are asking me to subsidize the insult to my family.”

One can attack the messenger, Sharpton, sure. But what if we instead think of him as our neighbor? I certainly wouldn’t want to insult a neighbor, much less make him pay for the privilege. 

Notably, the Reverend embraced privatization, suggesting, “You have private museums.” Privatizing controversial monuments would certainly solve Sharpton’s stated problem.

Of course, the logic behind taking down statues or dismantling the Jefferson Memorial — or merely privatizing them — might also lead to changing the names of cities, counties and states, rivers and mountains. And it’s not just Washington and Jefferson — twelve presidents were slave owners, including Union General U.S. Grant.

Who knows how many are undeservedly memorialized?

Frankly, I’ve never liked the name of my Virginia county: Prince William. A liberty-​loving people ought not be stuck with such a monarchial brand.

Let the people decide. 

But by vote, not street brawl.

This is Common Sense. I’m Paul Jacob.

 

* This exchange begins at the 15:22 mark in the interview.

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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 general freedom ideological culture moral hazard national politics & policies Regulating Protest U.S. Constitution

Thorns in the Parade

Portland, rose, parade, protest, violence, AntiFa, BAMN, free speech, censorship

Portland, Oregon, styles itself as “The City of Roses.” For over a century, this Pacific Northwest city has held an annual Rose Festival, complete with multiple parades.

This year, there will be at least one parade less.

“The annual 82nd Avenue Rose Parade and Carnival scheduled for Saturday have been canceled because of threats against the Multnomah County Republican Party, a longtime participant in the parade,” we learn from the Portland Tribune. “In a Tuesday afternoon email, the 82 Avenue Business Association, which sponsors the Rose Festival-​sanctioned event, said it canceled the entire event because [it] could not guarantee the safety of the community.” 

KOIN‑6 News reported that the threats came from the Direct Action Alliance, an “antifa”-styled group that “created a Facebook event called ‘Defend Portland from Fascists at the Avenue of Roses Parade.’ The group wanted to disrupt the march because of ‘Nazis and fascists’ participating.”

Now, what you regard as “white supremacist” and what young pseudo-​antifascists think of as “white supremacy” are probably very different. I doubt that many real Nazis and fascists would have marched on Saturday.

But the identification issue is irrelevant. If fascists want to peacefully parade, let them.

What is objectionable? Those who engage in violence to suppress views of which they disapprove.

Also objectionable? The organizers and the City of Roses police, who, by caving in, let free speech and assembly be squelched.

Spontaneous marches did occur on parade day, corralled to the left and right sides of the street. Literally and figuratively. Three violent activists were arrested but not identified by affiliation.

Portlanders used to worry that the clouds would rain on their parades. Now, it is ideological violence casting a dark shadow.

This is Common Sense. I’m Paul Jacob.

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general freedom Regulating Protest too much government

Democracy More Dead

President Recep Tayyip Erdogan, Turkey, election, democracy, authoritarianism, ,

“Turkey’s democracy died today,” CNN headlined its report on yesterday’s national constitutional referendum. The measure contained 18 significant changes designed to further empower the country’s already seemingly all-​powerful President Recep Tayyip Erdogan. 

CNN is behind the times. Turkey hasn’t been a real democracy for some time.

Even before last summer’s coup attempt, as Newsweek informed, President Erdogan launched “attacks on Turkish demonstrators, the press, the Turkish judiciary and police officials launching corruption investigation against him.”

Post-​coup, the gloves really came off. Erdogan declared a state of emergency, firing or suspending over 125,000 government workers and arresting more than 40,000 citizens, including more than 100 journalists.

Freedom of the press no longer exists. 

Considering the tight media controls, the barring of many opposition events and violent attacks on those campaigning against the change, “Many analysts were surprised by the close result,” noted the New York Times. The referendum passed only 51 to 49 percent, losing in the three largest cities: Istanbul, Ankara and Izmir. 

Authorities changed the rules after voting had begun, sparking demands for a partial recount; accusations of election fraud abound. Nonetheless, President Erdogan has declared victory. The outcome is unlikely to be overturned.

Now, he’ll be able to appoint (without any legislative branch check) a majority of the nation’s highest court. He will also be able to issue decrees, previously forbidden. 

Another huge change is re-​setting the term limits clock. Now Erdogan may remain in power until 2029. 

Before our eyes, Turkey has become an authoritarian nightmare. Such a regime cannot be counted as an ally. Yet, with the close vote, don’t count the Turkish people out.

This is Common Sense. I’m Paul Jacob.

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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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Accountability ballot access First Amendment rights general freedom government transparency initiative, referendum, and recall media and media people moral hazard nannyism Regulating Protest too much government U.S. Constitution

Four Measures for Rogue Government

speech, anti-speech, NAACP, Supreme Court, First Amendment, Free Speech,

Rule of thumb: don’t enact today laws that, had they been obeyed by folks in the original 13 states of our union, would have prevented independence.

Voters in Missouri, South Dakota, and Washington have the “opportunity” to enact such laws this November.

In “Beware of Anti-​Speech Ballot Measures,” Tracy Sharp and Darcy Olsen, presidents of the State Policy Center and the Goldwater Institute, respectively, offer a warning. Focusing on Measure 22, the South Dakota Government Accountability and Anti-​Corruption Act, they show how dangerous notions like forcing “nonprofit organizations to report the names and addresses of their donors to the state government” can be.

Such disclosure would subject non-​profits “to possible investigation by an unelected ethics board that is given the power to subpoena private documents and overrule decisions made by the state attorney general.…” Rogue, star-​chamber government.

Fever dream?

No. Sharp and Olsen highlight a famous U.S. Supreme Court case that protected the NAACP from the state’s demand for the group’s funding sources. Both women also offer personal tales of how nasty the opposition (in government and out) can become when big issues are on the line.

I can personally attest.

These measures fly in the face of what really matters — encouraging robust public debate. Democracy doesn’t work when people dread participation. As our authors challenge, “[d]o we want America to be a country where government keeps public lists of law-​abiding citizens because they dare to support causes they believe in?”

Especially when, without the secret (unreported!) activities of the Committees of Correspondence, the USA would not have become united states in the first place.

This is Common Sense. I’m Paul Jacob.

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Original (cc) photo by Michael Tracey on Flickr

 

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Common Sense free trade & free markets general freedom ideological culture initiative, referendum, and recall responsibility tax policy term limits U.S. Constitution

Trying Our Souls

Tom Paine, Thomas Paine, Laurent Dabos

In Common Sense, his incredible hit pamphlet of 1776, Tom Paine appealed to “the inhabitants of America”:

O ye that love mankind! … Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger,and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.

Today … well, our country might be mistaken for an asylum. Just not the type envisioned by Mr. Paine

Worse still, freedom in America is under consistent attack.

Following the Orlando terrorist massacre (and don’t forget, “hate crime”), who could be surprised at yet another rush to infringe on Second Amendment rights by legislation? But I must admit I was still naïve enough to be shocked that not a thought was given to making our Fifth Amendment rights to due process so much collateral damage.

Secretly writing names on a classified list, whether you call it a “no-​fly list” or the “terrorist watch list,” and using merely that to bureaucratically deny citizens fundamental rights (“top ten” rights, as in No. 2 and No. 5 in the Bill of) is no process of law at all.

Who could so cavalierly toss away the very bedrock of our freedom? It’s as if our so-​called representatives don’t give a hoot about our rights.

Common Sense readers are well aware that two years ago every Democrat in the U.S. Senate voted to repeal the key freedom of speech provision of the First Amendment. The goal was to completely reverse the current wording of “Congress shall make no law” with new wording that incumbent legislators in “Congress and the States may regulate … the raising and spending of money by candidates and others to influence elections.”

The amendment didn’t pass. Thankfully. But, frighteningly, it continues to be promoted. Presidential candidate Hillary Clinton has endorsed it. Most folks are ignorant about the extremism of the approach, because the media reports mainly that the amendment reverses Citizens United, something the amendment actually doesn’t do.

The amendment simply awards Congress so much power that the highly-​disapproved body could do almost anything.

Most people also don’t realize that the Citizens United case was about the Federal Election Commission (FEC) censoring advertising for a movie about Hillary Clinton, produced by a non-​profit corporation.

Speaking of government censorship of the press, the FEC had been threatening Fox News with major fines for making corporate contributions to 17 GOP presidential candidates. What happened? The cable news channel decided to expand from a single debate featuring 10 candidates to two debates with the earlier “undercard” debate featuring an additional 7 candidates. A candidate not chosen to be one of the 17 candidates filed a complaint against Fox, alleging it amounted to an illegal contribution to all 17 candidates.

The FEC recently closed the case without beating up the disfavored news channel only because three Republican commissioners blocked three Democrats. The case should not only be closed, it should never have been brought in the first place. We don’t want our government dictating to the media about political debate coverage.

Or anything else.

And how can major federal agencies provide equal protection to all citizens, when they are staffed according to political party to provide protection for Republicans and Democrats? More of us are independents than either Rs or Ds.

The war against political participation isn’t confined to Washington. I know from my ordeal in Oklahoma nearly a decade ago, when for assisting initiative petition campaigns for a spending cap and eminent domain reform, I was charged with conspiracy to defraud the state and threatened with ten years in prison … until a year and a half later when, without ever completing even a preliminary court hearing, the charge was dismissed.

I’ve seen Eric O’Keefe and other brave citizens in Wisconsin endure dawn SWAT-​style police raids for the awful crime of campaigning in favor of government policies they support.

And, of course, how can we forget that no one has been held in any way accountable for the years that the IRS blocked the formation of Tea Party and conservative and libertarian groups?

This country is in trouble.

In addition to the assaults on our rights, especially the right to participate politically, there is the dysfunction at all levels of government. Among the big national problems of massive debt and constant war, we find smaller local issues that signal a deeper, bigger problem.

Common Sense has long covered the school kid suspended for drawing a gun or eating one’s PB&J sandwich into a pistol or the school that photo-​shopped out the musket from their Minuteman mascot. This last year we followed many of the twists and turns to the story of the Meitivs, the Maryland family that dared allow their two children, ten and six years of age, to walk home from a public park. The children were obviously well cared for, but nonetheless they were picked up and held by police several times and the parents were long threatened with losing their kids.

It took over a year for the authoritarians with Child Protective Services to agree that kids walking home from a park in broad daylight did not constitute prima facie evidence of child abuse or neglect. And to agree to leave the poor Meitiv family alone.

Common Sense has also highlighted the racketeering being done by police forces federal, state and local through what’s known as civil asset forfeiture — again, a complete denial of basic rights. Under current law — or more correctly, lawlessness — police can take people’s property and money when detaining them and then keep it, even if the person is never convicted of a crime, or even charged.

This suspension of the fundamental concept of “innocent until proven guilty” must not stand.

But who is going to stop it? Not just this one outrageous rip-​off, but the whole societal slide to a system where individuals have no rights, especially if they lost the last election, and government makes more and more of our decisions for us.

Hillary Clinton?

Donald Trump?

Your state’s legislators? Your city council? Your congressman?

You and I must stop the erosion of our liberties. We have the tools — especially with state and local ballot initiatives available to most of us, allowing us to seize the agenda at the time and on the issue(s) of our choosing.

Liberty Initiative Fund works with Liberty Initiators across the country to hold government accountable, fight crony capitalism and protect our liberties through state and local ballot initiatives. Contributions are not tax deductible, but pack a powerful punch for liberty.

Citizens in Charge and Citizens in Charge Foundation protect the critical initiative and referendum process, so citizen activists can reform government and limit power. Donations to Citizens in Charge Foundation are fully tax-deductible.

The Foundation also supports Common Sense, which I offer the modern inhabitants of America to help keep us focused on the most important problems we face, with intermittent seriousness and humor, as well as uniting active allies from across the country, each pursuing their own issues in their own communities.

Today, I’ll enjoy being with the people I love and I’ll take some time to celebrate the birthright of freedom forged for you and me 240 years ago.

But I won’t pretend that freedom will be there for me or for mine unless together we forge our future freedom anew.

This is Common Sense. I’m Paul Jacob.

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Tom Paine, Thomas Paine, Laurent Dabos

 

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ideological culture media and media people nannyism national politics & policies Regulating Protest too much government U.S. Constitution

The Long Road to Citizens United

Krist Novoselic, Citizens United, free speech, fairvote.org

Everybody is familiar with the standard theory regarding the Citizens United decision. Former comedian and current earnest socialist Sarah Silverman puts it this way: “Every politician takes money from Big Money, ever since it was made legal with Citizens United.”

Like most folks who talk this way, she doesn’t give a squeak of context. She barely even indicates that it was a Supreme Court case, 2010’s Citizens United v. Federal Election Commission. She does not mention at all that the ruling overturned the FEC’s act of suppressing a political movie.

But there is a much wider context than such bare facts — and if you want a good synopsis, you could hardly do better than read my friend Krist Novoselic’s calm, reasoned “look at the history of attempts to regulate independent campaign expenditures.”

This “modern history” started with what the New York Times called Richard Nixon’s “revolution in political financing.” The Federal Election Campaign Act of 1971 “required detailed disclosure of campaign contributions; set campaign contribution limits to candidates, parties and committees; set expenditure limits on campaigns, independent groups and individuals and created the first public financing of presidential campaigns and national conventions.”

And almost immediately the law began suppressing political speech and advertising. And led to a long series of court cases.

And decisions.

And revisions.

That define our times.

Krist (with whom I serve on the board of FairVote​.org) provides the context you need to see through what he aptly calls “the hype” about “Citizens United,” as well as how the decision correctly removed the license given to the FEC’s role as “state censorship board.”

This is Common Sense. I’m Paul Jacob.

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Krist Novoselic, Citizens United, free speech, fairvote.org

 

Categories
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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