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First Amendment rights ideological culture

The Latest Fake Mystery

We Americans want to have our say, speak our piece — we do not wish to be gagged. No mystery to that. No puzzle. No strange, arcane, unexpected turn of our temper.

But that’s how it must seem to Nathan Bomey, author of “Parler, MeWe, Gab gain momentum as conservative social media alternatives in post-Trump age,” gracing the pages of USA Today.

“America’s crisis of political segregation — we increasingly don’t live alongside, associate with or even marry people who think differently from us — is increasingly leading conservatives to congregate together on social media outlets designed specifically for people who think like them.”

This is a passage of surpassing dumbness.

To pick one fundamental ideological divide at random: capitalist twitterers have never had any problem with posting tweets “alongside” socialist twitterers. The problem is the growing censorship of tweets that officials and employees at tech giants like Twitter, Facebook, and Google happened to dislike or disagree with for any reason.

This censorship was revved up during the recent election.

Bomey does mention claims of censorship by the persons being censored, but treats these as the ravings of “the extremist crowd.” He adds: “Experts on political polarization say [the rise of alternative social media] is a natural outgrowth of our divided culture. . . .”

Again: a major reason the alternatives to Twitter etc. are gaining such traction is the censorship. People are leaving the Big-Tech-sponsored discourse because they are being censored. 

You don’t kick people out of the room and then scratch your head in wonderment, asking, “Gee willikers, why are you guys going away?”

This is Common Sense. I’m Paul Jacob.


N.B. I have Minds and Gab accounts, but do not use them. Should I start again? I just set up a MeWe account. What alternative social media apps do you use?

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Thought

Something to Hate

Headline: “Hate talk in homes ‘must be prosecuted.’”

Must”?

The proposed legislation targets speech alleged to promote prejudice. It is backed by Scotland’s secretary for justice, Humza Yousaf.

Might the law be deployed to squelch debate regarding, say, radical Islam?

“Are we comfortable giving a defence to somebody whose behaviour is threatening or abusive, which is intentionally stirring up hatred against, for example, Muslims?” Yousaf asks. “Are we saying that that is justified because that is in the home?”

I suspect that here we have someone who has never attended a sizable family gathering. Many attendees might report “hate talk” but oppose fining or imprisoning the so-called hate-talkers.

Could the law be directed against journalists and others who publicly express loves and hatreds?

“We wouldn’t want to give the likes of Tommy Robinson a defence by saying that he’s ‘a blogger who writes for The Patriot Times,’” says Yousaf.

“Stirring up hatred” is, of course, not identical to threatening or instigating violence. Presumably it is already illegal in Scotland to plan murder and mayhem over the dinner table.

There’s an awful lot of speech out there with which we might vehemently disagree. Plenty of dumb, hateful, prejudice-laden speech that violates the rights of no one does get uttered in homes and Internets. We must preserve the distinction between “things that are wrong to say or do” and “actions that should be illegal.”

Scots should resist these hateful assaults on their right to speak freely.

This is Common Sense. I’m Paul Jacob.


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media and media people

The Itch to Edit

There is a place in this world for editors, but not for censors. 

What’s the difference?

Ask Glenn Greenwald: “editors should be there to empower and enable strong, highly factual, aggressive adversarial journalism, not to serve as roadblocks to neuter or suppress the journalism.”

This is from Greenwald’s statement, this week, about his resignation from The Intercept

Greenwald co-founded the online journalistic platform in 2013, with the proviso that he could publish what he wanted with minimal interference. But slowly, over time, the editors he and his co-founders put in place have flouted the spirit as well as (Greenwald insists) the letter of those original agreements. So much so that they refused to publish a piece by Greenwald unless he removed “all sections critical of Democratic presidential candidate Joe Biden.”

Greenwald has published that “censored” article on Substack, a platform you may be familiar with for publishing Greenwald’s fellow leftist journo, Matt Taibbi.

This fracas is not a public issue, in one sense. Greenwald lost control of an institution he set up. That’s between him and that institution and all their lawyers.

But it does show the extent to which “the pathologies, illiberalism, and repressive mentality that led to the bizarre spectacle of [Greenwald] being censored by [his] own media outlet are . . . the viruses that have contaminated virtually every mainstream center-left political organization, academic institution, and newsroom.”

We can understand why they might desperately itch to hourly edit the Twitterer in Chief. But it is a bit harder to understand that while they complain Trump has broken with established “norms,” they themselves violate long-established norms of their own profession.

I mean journalism.

Not propaganda.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights

Protest Hits the Pavement

Social justice activists and Washington D.C. city officials have collaborated to paint the slogan “Black Lives Matter” on 16th Street near the White House. 

The city has also allowed the words “Defund the Police” to be painted on the street.

Does this mean that the roadways of our nation’s capital city are now a public forum accessible to anyone who files the proper forms?

So far, doesn’t look like it. 

So Judicial Watch (JW) is suing for the right to paint its own motto, “Because No One is Above the Law,” on a DC street. JW went to court because its applications to perform a similar paint job have fallen on deaf ears.

It contends that its First Amendment right of freedom of speech is being violated.

“We have been patient,” Judicial Watch says. “We also have been flexible. We have stated our willingness to paint our motto at a different location if street closure is necessary and the city is unwilling to close our chosen location. All we ask is that we be afforded the same opportunity to paint our message on a DC street that has been afforded the painters on 16th Street.”

I can’t wait until all this gets cleared up. I suppose it’ll be one or two paint jobs per applicant. 

ThisisCommonSense.org” has a nice ring to it, eh? 

Something about “unalienable rights [to] Life, Liberty, and the pursuit of Happiness” would also be a great message, assuming it’s still legal to quote the Founders whose legacy we celebrated over the weekend.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights national politics & policies too much government

A Modest Extrapolation

The big news from yesterday’s Supreme Court decisions (in June, they typically come in chunks) regards discrimination law, in which the court decided, 6-3, with Neil Gorsuch writing the majority opinion, that discrimination “against an employee for being gay or transgender violates the Civil Rights Act of 1964.” As covered at Reason it makes for fascinating reading.

Still, there are many problems here. The whole employment discrimination issue assumes that people have a right to be judged suitable for employment based only on strict consideration of job performance.

This is intrusive into private decision-making, and opens up hiring and firing to huge legal costs.

But a bigger issue lurks here.

It is now commonplace for employees to be fired under public pressure for merely having political opinions that have little or nothing to do with their jobs.

Anti-discrimination civil rights law was designed to curb this sort of thing — public pressure for reasons of antipathy and social mania — but only on a limited number of criteria, racism and sexism against protected groups being the areas carved out.

Since we have a First Amendment right to speak, mightn’t that right be applied via discrimination law to prohibit mob deplatforming or resulting loss of employment?

Sure, 1964’s Civil Rights Act limited the scope of its intervention into employment contracts and the “public accommodations” realm of commerce to the above-mentioned isms, on grounds of a long history of bigotry and invidious private discrimination. But right now, that sort of discrimination is primarily an ideological matter, not racial or sexual. 

Extending the scope of the First Amendment via an anti-discrimination rationale would seem a natural.

At least for those who favor consistent government intervention over freedom. 

This is Common Sense. I’m Paul Jacob.


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media and media people

Wrong Field for You

“If you’re an emotionally unstable baby who regards disagreement as ‘violence,’” tweeted “roving journalist” Michael Tracey, “journalism is probably the wrong field for you.”

Only half-right. Given their goals, filling jobs that would otherwise be filled by journalists is indeed the right thing for hysterico-new-new-Left activists — just as bank-tellering is right for inside men helping bank robbers rob banks.

Tracey is commenting on how New York Times “journalists” — and others — apoplexed over the Times’ sin of permitting unqualified disapproval of mass rioting to grace its editorial pages. In his June Third op-ed, U.S. Senator Tom Cotton argued that the rioters, “if not subdued, not only will destroy the livelihoods of law-abiding citizens but will also take more innocent lives.” He recommended invoking the Insurrection Act in order to deploy the military.

One can argue about whether invoking the Act would be a good idea. 

Or one could, even in the Times . . . if one weren’t thereby invading the “safe space” of pseudo-journalists who had supposed that they need never face the hazards of fundamental debate within its pages.

An abject but vague apology now prefaces the op-ed. 

The Times has also fired the editor who let it be published. 

After all, by the time it reached print, Cotton’s piece did continue to contain evaluations with which someone might disagree.

This is a new low for the Times, which continues its downward spiral. The rest of us, I trust, will escape that vortex, resisting the great flush down to the sewer at civilization’s end.

This is Common Sense. I’m Paul Jacob.


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general freedom ideological culture media and media people

Lockdown and Shut Up

“I think it’s a shame,” HBO comedian Bill Maher told Dr. David Katz, “that people like you who sound reasonable — maybe it’s not the exact one true opinion you hear somewhere else — has to go on Fox News to say it.”

For years, I have told liberal friends that they miss important stories by not paying attention to Fox, because most other TV media eschew non-progressive perspectives they oppose (but perhaps fear we might support).

Last month, Katz wrote a New York Times op-ed, entitled, “Is Our Fight Against Coronavirus Worse Than the Disease?” Rather than the current lockdown strategy, the physician advocates “a middle path” where “high-risk people are protected from exposure” and “low-risk people go out in the world.”

Once upon a time, social media promised regular folks a chance to communicate and even organize without government interference or media filters. 

Not so much these days.   

Last week, I decried Facebook removing posts informing people about planned anti-lockdown protests, reportedly “on the instruction of governments” in California, New Jersey, and Nebraska because those protests might violate “stay-at-home orders.”

This week, YouTube removed a video that you and I must not see, with California Drs. Dan Erickson and Artin Massihi explaining why they think the lockdowns are bad policy.* 

“Anything that would go against World Health Organization recommendations,” clarified YouTube CEO Susan Wojcicki, “would be a violation of our policy” — and will be blocked. 

Our society’s first principle is freedom of expression.

The idea? Unfettered information will best lead us to the truth. 

Increasingly, our social media and news outfits no longer trust us with information not heavily controlled by them. 

Which means we cannot trust them.

This is Common Sense. I’m Paul Jacob.


* The doctors also confirm, as I suggested might happen, that medical personnel are being pressured to “add COVID” to death reports. 

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First Amendment rights ideological culture

Phil of It

If Punxsutawney Phil peaks out and sees his shadow, are we doomed to another six weeks of political pall?

And speaking of palls, Senator Elizabeth Warren, slipping in the polls, has unveiled YET ANOTHER PLAN.

Contemplate that very fact for a moment. The Distinguished Pocahontas Professor of Planning proposes to “combat disinformation by holding big tech companies like Facebook, Twitter and Google,” Sunny Kim regales us from CNBC, “responsible for spreading misinformation designed to suppress voters from turning out.”

Warren vows to “push for new laws that impose tough civil and criminal penalties for knowingly disseminating this kind of information, which has the explicit purpose of undermining the basic right to vote.” 

Notice her flip of America’s script? 

Swapping free speech for policed speech doesn’t upgrade politicians, regulators and judges to philosopher king status, able or justified to distinguish true information from mis– or dis-.

And is our basic right to vote really being undermined by “memes”? 

Give me a break. 

Confusing rights with influence, or some virginal lack thereof, is pure political poison.

Or it would be if anyone took Warren seriously anymore.

Meanwhile, PETA is horning in on Punxsutawney’s celebrated Groundhog Day.

“People for the Ethical Treatment of Animals is calling on the keepers of the weather-forecasting groundhog to let him retire,” CNN tells us, “and to be replaced by an animatronic groundhog.”

PETA got what reads like a Babylon Bee article into the news. “By creating an AI Phil,” the group’s letter to the Pennsylvania operation runs, “you could keep Punxsutawney at the center of Groundhog Day but in a much more progressive way.”

Is Elizabeth Warren’s notion also ‘progressive’?

Seems the opposite. But animatronics might be involved.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights

We, the Riffraff

Suppose I disagree with you — say, on whether I have the right to bear arms. I favor, you oppose. (We’re just supposing here.)

In the heat of online argument, I call you a scoundrel or other unkind things. I am intemperate but avoid libel or threats. Should I be jailed? (Remember, we’re just supposing here. Don’t call the constables!)

You and I would say “No.” But we can’t take our freedom of intemperate speech for granted, or our freedom of any speech at all that ruffles the feathers of rulers like those currently ruling the roost in Virginia.

Our forefathers understood the danger of abusing power to squelch dissent. Hence the First Amendment’s sweeping protection of even obnoxious peaceful speech.

Yet right after launching a massive assault on our Second Amendment rights, Virginia legislators are now launching a massive assault on our First Amendment rights. House Bill 1627 would make a Class 1 felony of “Harassment by computer”: “threats and harassment,” “indecent language,” “any suggestion of an obscene nature” when directed against the governor or other Virginia potentates in state government. Possible penalties include jail time.

Who will decide when rhetoric is mean and vulgar, blunt and honest, or some jumble of all the above? Or when the bill’s ambiguous catchall provisions, if enacted, are being violated? 

Why, the only* people it’s meant to protect: those in government . . . who don’t like it when the people get angry and loud. 

This legislation does not defend you and me. The opposite of the First Amendment, it’s designed to keep us plebs — the riffraff — silent.

This is Common Sense. I’m Paul Jacob.


* The special protection pointedly covers only “the following officials or employees of the Commonwealth: the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.”

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First Amendment rights

One Vote from Tyranny

The bureaucrats at Missouri’s Ethics Commission lost.

By one vote.

Last Friday, the commission’s outrageous attempt to force Ron Calzone, an unpaid citizen activist, to file and pay a fee as a lobbyist in order to speak to legislators in the capitol was ruled unconstitutional.

After vacating a previous 2-1 decision by a three-judge panel that had upheld that ridiculous requirement, the entire federal Eighth Circuit Court of Appeals weighed-in, ruling 6-5 that such a mandate was a violation of fundamental First Amendment rights.

“[C]an Missouri require Calzone to pay a fee and publicly disclose his political activities, even though he neither spends nor receives any money in connection with his advocacy?” asked the majority opinion. “We conclude that the answer is no.”

Regular readers may recognize Calzone for the same reason Show-Me State legislators know his name: he is an effective advocate for constitutional government. 

And we have covered this specific battle numerous times going back to 2014, when a paid lobbyist at the behest of two legislators (tired of his grassroots input) filed an ethics complaint against Mr. Calzone.

This whole case is one of politicians and their special interest cronies using the bureaucratic, regulatory state to attempt to harass citizens into silence. 

They sure chose the wrong citizen to mess with.

Be grateful to Ron Calzone who stood up for freedom during five years of court battles. And thank goodness for the legal eagles who soared to his defense — in this case the Freedom Center of Missouri and the national Institute for Free Speech.

Yet, be very afraid that while this most fundamental right to freely communicate with one’s elected representatives and speak out on legislation was sustained, it was by a narrow 6-5 vote. 

This is Common Sense. I’m Paul Jacob.


More on this particular case . . . 

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Ron Calzone, Missouri Ethics Commission,

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