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First Amendment rights government transparency

Cough It All Up

The state attorneys general of Missouri and Louisiana sued the Biden administration for censorship. Thanks to the lawsuit, we’re learning more and more about how federal officials have pressed Big Tech social media companies to muzzle users who dissent from the Official Narrative about the pandemic.

Much of the evidence coughed up as a result of the litigation has taken the form of email exchanges. An official might email a social-media rep something like: “We find this post disturbing. Can you do something about? Like maybe censor it?” The rep might double-quick reply: “Done! Anything else I can do today to secretly help the government circumvent the First Amendment?”

Certain officials have been particularly central in the saga, including eight persons that a judge is now letting plaintiffs depose: Anthony Fauci, former press secretary Jennifer Psaki, FBI agent Elvis Chan, Surgeon General Vivek Murthy, Carol Crawford of the CDC, Daniel Kimmage of the State Department, and a couple of others.

During her tenure Psaki spoke openly about the Biden administration’s demand for more censorship of “misinformation,” which is the new code word for disagreement. So it’ll be hard to deny that she said that stuff.

Crawford is in charge of the CDC’s digital media activities, activities that included regular meetings with staff of social-media companies.

Among other subjects, plaintiffs will be asking Anthony Fauci about an email exchange with Francis Collins discussing a “takedown” of the Great Barrington Declaration, which opposed lockdown policies.

I’m all ears.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom government transparency political challengers

Pro Bono No Bueno

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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First Amendment rights national politics & policies

Public-Private Censorship Partnership

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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First Amendment rights Internet controversy social media

Collusion!

Yes. Active collaboration every step of the way.

Material produced during the discovery phase of a lawsuit accusing the Biden administration of censorship is confirming what was already obvious: Big Tech’s ongoing censorship of social-media opinion about the pandemic has been undertaken largely at the behest of government.

A few of the emails confirming this:

  • April 16, 2021. Twitter emails White House officials about briefing them on “vaccine misinformation.”
  • July 16, 2021. Facebook emails the surgeon general that “our teams met today to better understand the scope of what the White House expects from us on misinformation going forward.”
  • July 23, 2021. The Facebook official tells HHS how Facebook will be “increasing the strength of our demotions for COVID and vaccine-related content that third party fact-checkers rate as ‘partly false’ or ‘missing context.’ ”

There’s mucho mas where that came from.

The public does not yet possess the requested documents from the Department of Justice of communications between DOJ officials and social-media officials. Getting those has been like pulling teeth. Why? Chances are 99.999 percent that they’ll only further confirm our thesis that over the last few years (at least) the federal government has been routinely violating the freedom of speech protected by the First Amendment. 

To do so, it delegates the job of gagging people to private firms in order to pretend that the coercive power of government is not itself being used to gag people. 

But marching orders are marching orders.

This is Common Sense. I’m Paul Jacob.


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national politics & policies

Bipartisan Daylight?

Is there a case for switching back and forth to “save daylight”? To me, it seems a typically dumb thing governments do.

I can quote experts who argue that Daylight Saving Time doesn’t save much, and causes no small amount of harm, while others could quote experts saying the opposite.

It really comes down to holding to respectable standards. The reason to oppose Daylight Saving Time is that our time zones should have a touch of truth about them. 

Before railroads stretched across America, words like “noon” and “midnight” and “ante meridiem” and “post meridiem” possessed clear meanings in every locality. The morning ended when the Sun was directly overhead (solar noon), and the afternoon began just after. 

The hours of the day corresponded to this.

But with railroads, traveling quickly west or east engendered chaos as engineers’ pocket watches provided no real manageable time to schedule trains and keep them to schedule. So time zones were invented, grouping longitudinal neighbors together to make it easy to know when to adjust moving clockwork mechanisms. Still, there was a connection between clocks’ noontime and true noon somewhere in each time zone.

Anyway, Daylight Saving Time (which I’ve written about before) was invented to nudge us to get to work earlier, allowing us more leisure time at day’s end. 

On Tuesday, the U.S. Senate voted unanimously to extend Daylight Saving Time the whole year around. No more “Spring forward/Fall back” nonsense.

But also: no more true noon anywhere in America, ever again. Well, considering how gerrymandered the time zones are: far fewer true, solar noon locations.

Another chasm between Man and Nature, courtesy of Government.

This is Common Sense. I’m Paul Jacob.


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general freedom ideological culture

A Sometimes Thing

One in three Americans claim that “violence against government can be justified,” The Washington Post warned last weekend. The Post-University of Maryland public opinion poll, done in anticipation of today’s one-year anniversary of the January 6th Capitol Riot, was heralded as “a window into the country’s psyche at a tumultuous period in American history.”

“The percentage of adults” so claiming “is up, from 23 percent in 2015 and 16 percent in 2010 in polls by CBS News and the New York Times.” 

And the results are more partisan, with 41 percent of independents and 40 percent of Republicans agreeing that violence can sometimes be justified, only 23 percent of Democrats concurring.

Here’s the precise question: Do you think it is ever justified for citizens to take violent action against the government, or is it never justified?

“Never” is a very extreme term. How can anyone — much less the 62 percent majority in this poll — conclude such political violence could “never” be warranted?

Our country was born in a revolution which declared “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government.” And further contended, “it is their right, it is their duty, to throw off such Government.”

Such “throwing off” (here and around the globe) has often necessitated a degree of violence. Why? Call it self-defense — as governments so often go on the offense, refusing to relinquish power when called to do so.

The 34 percent answering “Yes — sometimes” does not constitute a violent cadre, contra the “Oh, My” reactions from the media’s fainting couch set. The Yes-Sometimes Americans merely understand the nature of human rights. (And hypotheticals.)

Worry about those who answer “No — never.” What atrocities would they ever oppose?

This is Common Sense. I’m Paul Jacob.


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insider corruption national politics & policies

Dystopia de la Brazile

“When will the check arrive?”

That’s what “voters want to know,” former Democratic National Committee Chair Donna Brazile told Fox News Sunday host Chris Wallace yesterday.

Not whether President Joe Biden is dodging the media’s questions, as Wallace had inquired of his panel of Washington experts, after explaining that Biden now holds the modern record for longest time as president without facing reporters in a news conference.

“Well, it’s no surprise,” offered Jonathan Swan, national political correspondent for Axios. “It’s an extension of what he basically did throughout the campaign, which was very minimal — he basically didn’t subject himself to extended, tough questioning.” 

GOP strategist Karl Rove went further, arguing, “he’s just not up to it . . . at the age of 78 he’s lost a few steps and he’s not going to look good in a news conference.”

But Brazile was having none of it. Citizens are laser-focused, she contends, on being shown the money . . . and really aren’t too concerned as to whether their commander-in-chief, the sleepy fellow in possession of the nuclear codes, might be suffering something approaching early dementia.

People do like money. But to what degree is she really correct? With palms greased will the public look the other way? How many votes have Democrats bought?*

Don’t think Brazile is alone, either; as I pointed out recently (“Big Bucks Buy Votes”), too much of Washington actually thinks purchasing apathy, support, votes is how Washington should work.

They marvel as modern political statecraft transcends the hubbub of bread and circuses with electronic direct deposits of spendable cash into bank accounts. But with the same hoped-for result.

This is Common Sense. I’m Paul Jacob.


* And ask the same question of Republicans who voted for sending similar checks to everyone when they controlled the Senate and the White House last year. 

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deficits and debt education and schooling general freedom international affairs

The Great School Reset

A reset is going to happen; the status quo is not an option.

The major institutions of the modern welfare state were unsustainable before COVID-19, which is why Klaus Schwab had been talking up The Great Reset for years. He and his Davos crowd — convening right now, virtually, at the 2021 annual meeting of the World Economic Forum — want to fix everything with a huge heaping helping of intrusive government.

The pandemic panics have merely forced the technocrats to speed up their timeline.

Which may be one reason why Deep State aficionados in the Biden administration and in the media have set their eyes upon squelching the populist movements that increasingly want to chuck them along with their globalist policies.

But populism isn’t their only problem. For a real education, look at “education.”

“We are witnessing an exodus from public schools that’s unprecedented in modern U.S. history,” writes Corey A. DeAngelis in the December Reason. “Families are fleeing the traditional system and turning to homeschooling, virtual charters, microschools, and — more controversially — ‘pandemic pods,’ in which families band together to help small groups of kids learn at home.”

All these new ways around the failed centralized institutions of government schooling that DeAngelis discusses are increasingly seen as liberatory. Will a people accustomed to increasing freedom and excellence in one realm easily succumb to a pitch to decrease freedom and increase government in all others?

Seems a tough sell. Which suggests a small sliver of hope that we might get a Freedom Reset instead of a technocratic one.

This is Common Sense. I’m Paul Jacob.


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too much government

Distill This

This story started out lousy and then swerved into neutral. But there are still problems under the hood.

At the very end of 2020 (good riddance, 2020!), U.S. distilleries were suddenly faced with a ludicrous FDA tax of $14,000 for using their facilities to make alcohol-based hand sanitizer.

These adaptive distilleries — about 835 of them — have long used alcohol to make booze, of course. But early last year, lockdowns began to massively reduce demand for alcoholic beverages in certain venues. It made sense to begin producing hand sanitizer in order to meet the massively new pandemic-induced demand for sanitizer.

Win-win, until, in the last days of 2020, FDA decided that such flexible pivoting deserved what amounts to a penalty. Bureaucrats decided that producing hand sanitizer changed how the 835 distilleries should be classified. Entities so classified — as “over-the-counter drug monograph facilities” — are supposed to pay the $14,000 fee.

Media coverage and the outcry by already-walloped distilleries has, however, led the Department of Health and Human Services to rescind the penalty. HHS has told FDA to stand down. The fee has been cancelled.

So everybody is happy now, the way you’re happy when the sledgehammer swinging down doesn’t bash you in the head after all.

Aaron Bergh of Calwise Spirits wonders whether distilleries will still get hit with such a fee in 2021. What the government giveth, it can taketh. For now, though, like everyone else, he’s just darn relieved.

Happy New Year, folks.

This is Common Sense. I’m Paul Jacob.


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too much government

For a New Normalcy

Science writer Ronald Bailey argues that the best path to “a New Normal” can be found by rolling out home COVID-19 tests. But notes they are illegal.

Bailey’s November piece in Reason magazine informs us that “biotech startup E25Bio, diagnostics maker OraSure, and the 3M Co., are working on and could quickly deploy rapid at-home COVID-19 diagnostic tests.”

These tests work, he says, “by detecting, within minutes, the presence of coronavirus proteins using specific antibodies embedded on a paper test strip coated with nasal swab samples or saliva. Somewhat like at-home pregnancy tests, the antigen tests change color or reveal lines if COVID-19 proteins are recognized.”

So why not go ahead with these antigen tests? Well, the Food and Drug Administration doesn’t allow it. Bailey quotes a Harvard epidemiologist: “Until the regulatory landscape changes, those companies have no reason to bring a product to market.”

Regulatory blocking and kludge are just one reason this is not possible.

But if you — or for that matter, Mr. Bailey — think that this problem can just be solved with a Trumpian executive order or a quick legislative fix, there are reasons for doubt.

Our whole system is government-rigged. And, as Ludwig von Mises made clear in Bureaucracy, clunky slowness is not just a bug of such systems. It’s the feature

And it’s a bad feature. 

It’s why many of us oppose regulation by bureaucracy and prefer a rule of law and competition within markets to supply the regulation that businesses need.

Which suggests to me that the best way back to normalcy is not through a quick government fix but by nixing government fixes more broadly.

This is Common Sense. I’m Paul Jacob.


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