Tag: free speech

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crime and punishment First Amendment rights judiciary

States Without Standing

Friends of freedom of speech had been looking forward to a certain U.S. Supreme Court decision, Murthy v. Missouri.

The Biden administration has for years worked to suppress social-​media speech that disputes official government doctrines about biology, pandemic policy, elections, and other controversial matters. In short, the kind of speech the First Amendment was designed to protect.

Several suits have been launched against the federal government’s censorship. This one had been brought by Louisiana, Missouri, and other states, abundantly proving that administration officials actively pressed social-​media companies to suppress speech.

By a 6 – 3 vote, the court tossed lower-​court rulings that favor the states’ position. According to the decision’s coiled reasoning, the states lack legal right to sue. They lack standing.

Dissenting: Justices Alito, Gorsuch, Thomas.

The majority made a big point of ruling only on this question of “standing” — which none of us speakers of speech have, apparently — and not on the main question. We can hope, I guess, that some other case will someday be brought by plaintiffs whose rights the majority will concede have been infringed by the government’s infringing actions, which by their nature assault the right of freedom of speech of all Americans.

Meanwhile, in the words of Louisiana Attorney General Liz Murrill, the court’s decision “gives a free pass” to the government’s efforts to “threaten tech platforms into censorship and suppression of speech that is indisputably protected by the First Amendment.”

This isn’t a minor procedural setback.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights

Assange: Freedom & Statuary

Julian Assange, freedom of the press, free speech, Wikileaks

Julian Assange, the founder of Wikileaks, has been set free, time served. 

On Monday, presidential candidate Robert F. Kennedy, Jr., called him a “generational hero,” celebrating his release from a decade and a half in confinement, under threat of U.S. prosecution for publishing “hacked documents.” 

Loathed by the American establishment, left and right, Mr. Assange had ruffled feathers of the war machine and then the Democratic Party — the latter for publishing the contents of Hillary Clinton’s infamous email stash. The attempt to get him to America from overseas was a complex (and failed) ordeal that pushed him first into confinement in an Ecuadorian embassy and then placed in a maximum-​security London prison.

Assange, who admitted guilt in a plea deal deal, did not agree to set foot on the American continent, so the court hearing took place in a U.S. District Court in Saipan on Tuesday.

“The bad news,” RFK, Jr., went on, “is that he had to plea guilty to conspiracy to obtain and disclose national defense info. Which means the US security state succeeded in criminalizing journalism and extending their jurisdiction globally to non-citizens.”

Empire’s gonna imperialize.

While Mike Pence, the 48th Vice President, fully objected to the plea deal, Representative Thomas Massie (R.-Ky) echoed Kennedy’s sentiments: “My plane landed in DC & I just heard Julian Assange will soon be free due to a deal. His liberation is great news, but it’s a travesty that he’s already spent so much time in jail. Obama, Trump, & Biden should have never pursued this prosecution. Pardon Snowden & Free Ross now.” 

Massie mentions two more persecuted individuals, leaker of unconstitutional NSA secrets, Edward Snowden (hiding from the American empire in Russia) and darknet (“Silk Road”) publisher Ross Ulbricht (a prisoner now in Tucson’s federal penitentiary, sentenced to two life terms).

In a follow-​up tweet, Kennedy offered “Next steps,” including erecting “a monument to Assange in Washington as a civics lesson for the American public about the importance of free speech,” pardoning Ed Snowden, and releasing Ross Ulbricht … “to show our commitment to transactional freedom.”

That latter commutation has been promised by former president and current Republican candidate Donald Trump. But “transactional freedom” is not exactly the byword of our age.

And statuary is hardly in vogue.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights general freedom

Doxxing Dissent

free speech, First Amendment, anonymous, anonymity, freedom

California lawmaker Steve Padilla is apparently indifferent to the speech-​enabling virtues of anonymity. The state senator (18th District) has no problem violating the First Amendment rights of persons who conceal their identity the better to speak out.

Padilla is proposing legislation, SB1228, to compel social media companies to compel social media “influencers” who’d rather remain anonymous to identify themselves. A company that fails to comply would risk being penalized.

And I hear it often: why anonymity? Folks should own up to their speech!

But many people have good reasons for remaining anonymous when they publish their views. One is to protect themselves from harassment by private parties. Another is to protect themselves from harassment, or worse, by governments.

Tiffany Donnelly of the Institute for Free Speech observes that the United States has a long history of anonymous political speech.

Investigative journalism “often relies on anonymous sources. Americans use social media to express political opinions that might cause them to lose their jobs. Political dissidents who fled to the U.S. to escape tyrannical governments use social media to speak out against those repressive regimes.”

Once social media companies collect the ID data, then what?

Perhaps the information is supposed to just sit in the companies’ computers. But once it becomes known that certain anonymous but controversial writers are being forced to supply personal information, this information becomes a target — for hackers, state governments hiring hackers, disgruntled moderators who may decide to “out” the commentators they dislike.

The bill won’t stop “misinformation,” but it will discourage discourse. 

Specifically, dissent.

It’s this bill that should be stopped.

This is Common Sense. I’m Paul Jacob.

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Most Important Time Periods

First Amendment, US Constitution, free speech, censorship

The attorneys general of a few states, a few activist groups, and a few congressmen have acted to bring to light a mass of eyewitness and documentary evidence that the federal government has been working hard, behind the scenes, to censor our speech.

The guilty parties have been caught red-handed.

Now that the matter is before the U.S. Supreme Court, reports on oral arguments suggest that not every justice is as acquainted with the point of the Bill of Rights as we’d like.

Its function is to stop government from doing various rights-​violating things at will. But Justice Ketanji says: “Your view has the First Amendment hamstringing the government in significant ways in most important time periods.”

Justice Kagan, chiming in: “I’m really worried about that.”

Tyrants worry about having too little flexibility to stomp our speech “in most important time periods,” prevention of which stomping is the very purpose of the First Amendment.

We, for our part, worry about having our speech stomped.

Some of the justices also seem not to grasp that when government officials contact you and ask you to do this and that, no overt threats are necessary for officials to rely on the threat of governmental power.

The bossing is not always subtle, though. Perusing the evidence, Justice Alito says he couldn’t imagine officials “taking that approach to the print media.” The federal speech police treat “Facebook and these other platforms like they’re subordinates.”

Are they?

This is Common Sense. I’m Paul Jacob.

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Did Steve Baker Commit Journalism?

Steve Baker, journalism, first amendment, free speech

The safest thing to do — politically, anyway — is plant yourself in a corner and sit still. But people tend to want to move around, live, do their jobs.

Steve Baker, reporter for Blaze Media, recently was forced to “self-​surrender” to federal authorities for committing initially unspecified crimes.

Was doing his job the crime? 

His fed-​embarrassing journalism about the January 6 “insurrection” and the way many people have been incarcerated for years for little more than trespassing — was that the crime?

As video of the not-​always- innocuous but often-​innocuous goings-​on of January 6 has been released, Baker has been among those examining the record and noting apparent contradictions in the official story.

When he turned himself in to the FBI last Friday, he was facing charges that the FBI had flatly refused to divulge. But now the Blaze reports that, three years after January 6 “insurrection,” Baker is being charged for things like “entering [restricted areas] without lawful authority” or “parading … in a capitol building.”

Trespassing. Arrested for trespassing three years later? 

Or arrested for his reporting on the events of January 6 and its sequels over the course of those three years?

Before Baker turned himself in, the FBI did give him the information that he should arrive in shorts and flip-​flops. So that, Glenn Beck writes, “it would be easier for them to put on the orange jumpsuit and ankle irons. Suffice it to say, he wore a suit and tie.”

This is Common Sense. I’m Paul Jacob.

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Hope for Campus Free Speech

university, college, free speech, censorship

The Understatement of the Month Award goes to David Lat, who says in a recent post that “when it comes to free speech and intellectual diversity, U.S. law schools continue to face challenges.”

One Big Challenge, more like: the contempt university policymakers routinely show for the speech of members of disfavored groups, if and when they say things that members of favored groups dislike.

Lat points to a decision, last month, by the Law School State Senate of Columbia Law School. The organization denied official recognition to a group formed to combat antisemitism, Law Students Against Antisemitism.

Reason: some pro-​Palestinian students objected to LSAA’s definition of “antisemitism.”

The objection is cause for debate, sure, but not for preventing an organization from formally operating. Fortunately, after much attention was paid to the Senate’s decision by the Foundation for Individual Rights and Expression (FIRE) and others, the Senate reversed itself.

In addition to bad publicity, one thing that may help improve prospects for free speech on campus is a new rule issued by the American Bar Association, Standard 208.

Standard 208 requires law schools that want to be accredited by the ABA to “protect the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular.” This requirement is more encompassing than existing (if often ignored) protections of academic freedom for faculty members.

The ABA’s action is a big step, but not sufficient, Lat says. The cultures of our schools must change too.

This is Common Sense. I’m Paul Jacob.

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