Tag: freedom

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Common Sense general freedom international affairs

Hong Kong Help

Jimmy Lai, Hong Kong, freedom

“What can we do to help?” the woman asked after seeing the Acton Institute’s new documentary, “The Hong Konger.” The film tells the life of billionaire Jimmy Lai, the owner of Apple Daily, the pro-democracy newspaper shut down by the Beijing-controlled Hong Kong government. 

Lai went from rags to riches in the city’s free enterprise system, but presently sits in a jail cell already convicted of a ridiculous fraud charge (for which he was sentenced to a whopping 69 months) and awaits trial for violating the totalitarian national security law that criminalizes anti-government speech. 

This week, that trial was postponed until next September. A conviction could keep him in jail for the rest of his life.

What can we do?

Well, for Lai and the others: precious little, beyond prayers. 

We should focus, instead, on what these freedom-fighters have done for us. Their agitation — culminating in the 2019 protests that brought millions (close to one of every three HK residents) into the streets to demand basic democracy and human rights — woke up the world to the threat posed by the Chinese regime.

Lai could have taken his wealth and left to sip Mai Tais on a sunny beach on the far side of the globe. The student leaders of the protests — the best and the brightest — likewise knew how long their odds were, how dangerous their stand. 

Yet, Lai and the protesters stood up to the Chinazis anyway. Why? Because good people must stand up to evil . . . or evil wins.

We must also honor their sacrifice by preparing to protect ourselves, our freedom and all that we hold dear against this tyranny. 

This is Common Sense. I’m Paul Jacob. 

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Allowed to Make a Living

Bureau of Occupational Affairs

In 2014, Sally Ladd started a service to help clients in the Poconos rent out their vacation homes. She posted notices on Airbnb, arranged for cleaning, and performed other chores.

But then, in 2017, the Pennsylvania Bureau of Professional and Occupational Affairs — one of the many government agencies in the world that should not exist — told her that she was operating in Pennsylvania as a real estate broker without a license and must get one or shut down.

The obstacle was senseless. Ladd was already satisfying her customers. And getting the license would have entailed more than 300 hours of schooling, two exams, three years of apprenticeship, and opening an office in Pennsylvania. (Ladd lives in New Jersey.)

She had to shut down.

But she didn’t give up. 

She teamed up with Institute for Justice, which filed suit, arguing, in IJ’s words, that “forcing her to get a full-blown real-estate license violated her right to earn an honest living under the Pennsylvania Constitution.”

At first, a lower court would not even consider the case, a decision overruled by the Pennsylvania Supreme Court in 2020. Finally, on October 31, 2022, a trial court affirmed that the “licensing requirements are unreasonable, unduly oppressive, and patently beyond the necessities of the case,” and therefore unconstitutional.

Once again, it’s IJ to the rescue! 

In a world filled with government agencies that shouldn’t exist, the Institute for Justice exists to check them.

This is Common Sense. I’m Paul Jacob.

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Stuck in the Middle with US?

China, United States, Taiwan

Is Taiwan, the island democracy of 24 million, really caught in the nation-state equivalent of a lovers’ triangle?

“Taiwan is caught in the middle of escalating tensions between the U.S. and China,” is how National Public Radio headlined its recent story about Communist Party-ruled China “speeding up its plans to seize Taiwan.”

“Entangled in a geopolitical power struggle between the US and China, the wants of the Taiwanese people get overshadowed,” informs CNA, the Singapore-based English language news network, pitching its weekly hour-long news program, Insight, which sought to present “the Taiwanese perspective to being caught between giants.”

Nothing new. 

“As China challenges the global dominance of the United States,” NBC News reported back in 2020, “tiny Taiwan finds itself stuck, rather uncomfortably, smack dab in the middle of the conflict between the two international giants.”

The Taiwanese are no doubt uncomfortable. In a recent survey, nearly 40 percent now believe a Chinese military invasion, killing tens of thousands or hundreds of thousands or more, to be likely. 

They are not torn, however, between two superpowers. Taiwan is — most assuredly — not preparing to defend against an armed attack by the United States. 

In fact, Taiwan is coordinating its national defense efforts with the U.S., hoping and praying for direct U.S. help in defending themselves from totalitarian China.

Taiwan is not stuck with us. Nor we with them. We are simply allies in deeply valuing societies where individual lives matter. 

Against a superpower for whom they don’t

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights general freedom

Minority Medical Opinion Squelched

covid, censorship, wrong think

The Bill of Rights was originally understood as curbing the power only of the federal government.

This began to change with the Fourteenth Amendment, which prohibits states from depriving persons “of life, liberty, or property, without due process of law.” Thanks to the “incorporation doctrine” interpretation of this amendment, provisions like the First Amendment now apply as much to state and local governments as to the federal government.

Except that many officials, disdaining these protections, simply ignore them.

So although obliged to make no law “abridging the freedom of speech,” California’s government is abridging the freedom of speech of doctors. A new law authorizes state medical boards to penalize doctors who utter speech contradicting “contemporary scientific consensus” about COVID-19.

Doctors are suing the Newsom administration to block the law from taking effect. According to their complaint, this anti-“misinformation” law would impede their ability to communicate with patients.

The doctors argue that the First Amendment protection of freedom of speech applies to expression of minority views as well as majority views; indeed, that minority views “particularly need protection from government censorship.”

Also that nobody can ever know “the ‘consensus’ of doctors and scientists on various matters related to prevention and treatment of COVID-19.”

Of course, free speech rights should protect even persons who say the moon is made of green cheese, let alone of those who disagree with official pronouncements about a vexing new virus and what to do about it.

This is Common Sense. I’m Paul Jacob.

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Musk Gone Mad?

China, Taiwan, authoritarianism

Elon Musk, the world’s richest person, has often been lauded in this commentary — regarding SpaceX and the growth of private space travel, and recently for providing crucial internet access through his company’s Starlink satellites first to Ukraine and now for Iranian protesters.

I like that.

But the Chinese Communist Party (CCP) doesn’t like it at all. As Musk acknowledged last week in an interview with the Financial Times (FT), explaining that Chinese rulers wanted “assurances” he would not provide Starlink internet to the 1.4 billion people they actively repress.

With a Tesla plant in Shanghai, Musk is much more vulnerable to the dictates of Xi Jinping and the CCP than he is to Vladimir Putin or Iran’s Ayatollah. 

“Tesla, though headquartered in the U.S.,” Forbes notes, “made about half of its cars last year in mainland China, the world’s largest auto market.” 

Which amounts to an awful lot of leverage.

In that same FT interview, Musk floated a “solution” to the tensions between China, which threatens a military attack that might kill millions, and its target Taiwan, which overwhelmingly favors a war of resistance to CCP takeover and threatened re-education.

“My recommendation,” the usually innovative businessman told FT, “would be to figure out a special administrative zone for Taiwan [under China’s authority] that is reasonably palatable,” adding, “it’s possible, and I think probably, in fact, that they could have an arrangement that’s more lenient than Hong Kong.”

While the Chinese ambassador to the U.S. thanked Elon Musk for his idea, a senior Taiwanese official reminded, “The world has seen clearly what happened to Hong Kong.”

Does this brilliant businessman really think that the promise of a more “lenient” totalitarianism is any kind of solution?

This is Common Sense. I’m Paul Jacob.

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Pro Bono No Bueno

campaign finance reform

The twisty highways and byways of campaign finance regulation bring us to another strange pass.

The Texas Ethics Commission is considering whether to effectively ban pro bono legal work for candidates. The method? Mandate that such work be regarded as an in-kind contribution subject to campaign finance regulations. 

David Keating, president of the Institute for Free Speech, observes that most candidates “can’t afford to hire counsel and spend probably hundreds of thousands of dollars challenging the constitutionality of a law where the opinion may not come out until after the election. . . . Basically, the opinion would slam the courthouse door shut to candidates and most political committees.”

Campaign finance regulation has always meant curtailing speech and the activities that enable it and flow from it. This latest regulatory prospect is more of the same. As long as campaign finance regulation exists, there will always be obnoxious new ways to use it to hamper speech and action.

The commissioners, apparently seeing some merit in the pro-pro bono argument and therefore judging the issue at least worth mulling, have deferred their decision. It would have been far better to simply accept Keating’s objections and put an end to the proposed new crackdown then and there.

Meanwhile, Texans — especially potential candidates — must sit on the edge of their seats until the commission decides whether to make it prohibitively expensive to fend off unconstitutional assaults on candidates and campaigns. 

Not unlike the unconstitutional assault exemplified by campaign finance regulation itself.

This is Common Sense. I’m Paul Jacob.

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Accountability defense & war general freedom social media

Pentagon Personae

social media, PSYOP, spying, CIA, FBI, NSA, China

We think of Facebook and Twitter as platforms for you and me and our fellow citizens to share information and opinions and photos and just plain fun.

But our government agencies are also on those platforms, secretly as well as openly.

And not just for fun and games.

It’s a serious information war out there — with mis- and dis- elements, too — and Facebook and Twitter may be in over their heads.

“The takedowns in recent years by Twitter and Facebook of more than 150 bogus personas and media sites created in the United States,” wrote Ellen Nakashima in the Washington Post in mid-September, “was disclosed last month by internet researchers Graphika and the Stanford Internet Observatory. While the researchers did not attribute the sham accounts to the U.S. military, two officials familiar with the matter said that U.S. Central Command is among those whose activities are facing scrutiny.”

Ms. Nakashima’s report begins with the big news: “Colin Kahl, the undersecretary of defense for policy, last week instructed the military commands that engage in psychological operations online to provide a full accounting of their activities by next month,” and we are told of a “sweeping audit” to probe how the Pentagon “conducts clandestine information warfare.”

This is largely in response to Facebook and Twitter identifying and removing “fake accounts suspected of being run by the U.S. military in violation of the platforms’ rules.”

Social media companies took down actual U.S. military psy-op accounts. But it is worth noting that the report does not mention Facebook or Twitter taking down foreign equivalents, though that has happened in the past.

It might be time to reconsider all government activity in social media.

This is Common Sense. I’m Paul Jacob. 

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Fourth Amendment Dead?

4th Amendment, search, privacy, law

Unconstitutional actions are constitutional.

A federal judge doesn’t say so explicitly, but that’s what his ruling amounts to.

The case, which we discussed previously, involves U.S. Private Vaults, a Beverly Hills company that the Federal Bureau of Investigation raided last year. The company has been fined $1.1 million for money laundering because it let dealers anonymously keep cash in its safe deposit boxes.

Judge Gary Klausner concedes that the FBI lied to obtain a warrant, planning to seize the property of all boxholders whether or not there was any evidence of a crime against a given boxholder. And to this day, “specific criminal conduct has not been alleged against customers.” Nevertheless, Klausner ruled that despite the lie, it was constitutional for the FBI to grab the boxes’ contents.

Of course, if the warrant authorizing the FBI to ignore Fourth Amendment protections against unreasonable searches and seizures had been honestly solicited, that still would not have transmuted unconstitutional actions into constitutional ones.

“The court does not deny that the government had an improper motive when it applied for its warrant,” observes Rob Johnson, an attorney with the Institute for Justice, which is representing the boxholders.

“But it says that fact is irrelevant unless the improper investigatory motive was the only reason that the Government opened the safety deposit boxes. . . . If today’s shocking decision stands, it will set a dangerous precedent that will allow the FBI and other law enforcement agencies to bypass the Fourth Amendment.”

Thankfully, the Institute for Justice doesn’t regard the case as closed. It will appeal.

This is Common Sense. I’m Paul Jacob.

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Public-Private Censorship Partnership

censorship, mind control

When government pays people to help censor critics of its policies and talking points, this makes it even more obvious that it’s acting to repress speech and violate the First Amendment.

Thanks to a recent lawsuit against the Biden administration, we have been seeing emails confirming that government officials routinely ask Big Tech to censor this and that.

Now, Just the News reports that government agencies and liberal groups such as Common Cause and the Democratic National Committee worked with a consortium of private groups — the Election Integrity Partnership — during the 2020 election season to target and censor social media posts.

The EIP “set up a concierge-like service in 2020 that allowed federal agencies like Homeland’s Cybersecurity Infrastructure Security Agency and State’s Global Engagement Center to file ‘tickets’ requesting that online story links and social media posts be censored or flagged by Big Tech.”

About 35 percent of the many posts EIP flagged in 2020 were sanctioned in some way by Big Tech.

Millions of tax dollars have been funneled to consortium members to fund these efforts to censor “misinformation,” i.e., speech that government officials disapprove of.

The EIP remains active in 2022.

Of course, politically controversial speech is just the kind of speech that the Founders were concerned to protect. Madison and Mason didn’t expect that the ability to publicly debate whether Bach is better than Beethoven or the best way to shingle a roof would ever be in great jeopardy.

This is Common Sense. I’m Paul Jacob.

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Repression Pal

public and private, fascism

No explanation, no warning.

PayPal has closed the account of another innocent customer: UsForThem, a UK organization that has fought to keep schools open during the pandemic.

PayPal also blocked the group’s access to its PayPal balance, thousands of pounds in donations, for 180 days.

According to cofounder Molly Kingsley: “No prior warning or meaningful explanation was given, and despite their saying we could withdraw our remaining balance, we cannot.”

This is, alas, just one of many examples. 

Last year, the Electronic Frontier Foundation reported that PayPal shut down the twenty-year-old PayPal account of Larry Brandt, which he had been using to support Tor. Tor is a way of encrypting Internet communications to protect the privacy of users, in part from regimes that repress political opponents.

No explanation, no warning — and, again, the same 180-day lockdown of funds belonging to the account holder.

At least in its stated intentions, PayPal originated as a radical alternative to establishment ways of doing things. But it now conducts itself in a repressive spirit, routinely hobbling customers whose legal speech or other legal activities it dislikes.

Or perhaps that governments dislike.

Email documents made public during a recent lawsuit in the United States confirm that our own federal government is issuing marching orders to Big Tech firms to repress users who say or do things that government officials dislike. 

The firms are loath to acknowledge such pressure openly, let alone refuse on principle to cooperate. 

This is how the Bill of Rights becomes void: made irrelevant in secret public-private partnerships.

This is Common Sense. I’m Paul Jacob.

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