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First Amendment rights social media

Google Shareholders vs. Google Censorship

Some Google shareholders are pressing Google for records of its communications with the Biden administration. And not just any old records. They are specifically demanding those pertaining to the administration’s demands for censorship.

Per the First Amendment, it is unconstitutional for government to seek to muzzle people for saying things that government officials disapprove of.

Yet the Biden Administration and others, including members of Congress, have openly (and repeatedly) urged big-​tech social media companies to more assiduously censor discussion of COVID-​19 policy, COVID-​19 vaccines, the nature of COVID-​19. The president did this again just last week: “I make a special appeal to social media companies and media outlets — please deal with the misinformation and disinformation that’s on your shows. It has to stop.”

Everything we’ve seen adds up to a slam-​dunk case against the government for violating the First Amendment. We know that government officials are asking social-​media companies to censor. They’re not hiding it.

Suing the government’s big-​tech lackeys — and government officials, when plausible — is one way to combat the evil.

The National Legal and Policy Center, a Google shareholder, is trying to secure a requirement that the company disclose the content of any communications between itself and the government related to the Biden Administrations calls for censorship. Last summer, the administration stated that it was “in regular touch” with the big-​tech giants.

Will Google voluntarily produce documents showing that it acquiesced in specific Biden administration demands for censorship?

No. But as Charles Glasser has pointed out, there is precedent for a judicial finding that media are de facto “government agents” when they work “hand-​in-​hand with government in violating constitutional rights.”

The effort may not succeed, but it’s worth a shot.

This is Common Sense. I’m Paul Jacob.


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ballot access national politics & policies

The Other Big Lie

“Let me be clear,” President Joe Biden told a Georgia crowd yesterday, addressing changes proposed by the Democrats to election laws nationally, “this is not about me or Vice-​President Harris or our party.”

Of course not. Who would even suggest such a thing? 

On this same “voting rights” subject six months ago, Biden called Republicans “bullies and merchants of fear and peddlers of lies” who “are threatening the very foundation of our country.” Though less colorful, yesterday’s address was merely more of the same. 

“Pass the Freedom to Vote Act! Pass it now!” the president shouted, arguing that it “would prevent voter suppression.” 

How? Well, that’s less than clear. 

For years, Democrats slammed laws requiring voters to show photo identification as “racist,” contending the requirement disproportionately suppressed black voters. But then, when polls demonstrated that voters “of color” are even more supportive of Voter ID laws than are whites, Democrats quickly insisted they had always been for such laws.

Now — keep up! — voter ID laws are back to being suppressive. And the very purpose of the Dems’ Freedom to Vote Act is to strike down all such state laws.

When Georgia’s Secretary of State called for photo ID requirements last Sunday on CBS’s Face the Nation, host Margaret Brennan offered, “The Freedom to Vote Act actually does promote a national standard for states that have an ID requirement for in-​person voting,” adding, “You could use a bank statement or utility bill.”

Neither of which constitutes a photo ID, as the secretary pointed out.

Democrats battling former President Trump’s so-​called Big Lie have concocted one of their very own.

This is Common Sense. I’m Paul Jacob.


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national politics & policies too much government

No Federal Solution

In a virtual meeting, online, the National Governors Association talked with President Joseph R. Biden, Jr., last week. The biggest issue? COVID.

About COVID tests, “I wish I had thought about ordering a half a billion two months ago,” Mr. Biden confessed. 

While serious people are taking this seriously, blah blah, the truth may be that tests do more harm than good. There have always been problems with the tests: too many false positives; they induce panics at mere “case” levels, thus feeding propaganda and unworkable government “solutions” to the “crisis.”

About which Biden now admits he’s got … nothing

Having run against Donald Trump and his alleged lack of a plan, boasting how the Democrats would conquer COVID, Biden now declares defeat: “Look, there is no federal solution.

“This gets solved at a state level,” acknowledged the president, “. . . and it ultimately gets down to where the rubber meets the road and that’s where the patient is in need of help, or preventing the need for help.”

That last phrase is odd. 

“Preventing the need for help” sounds like he might mean patients taking control of their health care and their own immune systems. Could Mr. Biden be alluding to Vitamin D, Vitamin K, zinc, HCQ, Ivermectin, and many other immune system boosters and virus blockers?

Or Biden could merely be fumbling. He’s made much of the Omicron Variant, including at the governors’ meeting. But instead of addressing the actual trend of the latest iteration, politicians and propagandists push the idea that Omicron is deadly, when the evidence is clear: it is much less deadly than previous variants. 

The great danger of COVID remains the governmental response.

Including, alas, Biden’s.

This is Common Sense. I’m Paul Jacob.


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ideological culture national politics & policies

Commie Beyond the Pale

President Biden has a funny way of admitting that his nominee for Comptroller of the Currency had to withdraw for being, well, too communist. He says Saule Omarova faced “inappropriate personal attacks that were far beyond the pale.”

Is calling a communist a communist … personal

As for “inappropriate” … negative attacks against an appointee are only inapt if groundless or unrelated to prospective performance.

Ominously, Omarova’s paper on Marxism got memory-​holed after she was nominated; she refused to cough it up to the Senate Banking Committee. Written back in her college days in the USSR — was that too long ago to serve as fair evidence?

Fast-​forward.

An undated but recent video clip shows Omarova musing that oil companies should “go bankrupt if we want to tackle climate change.”

A 2019 Twitter tweet opines: “Say what you will about old USSR, there was no gender pay gap there. Market doesn’t always ‘know best.’”

Mass murder, mass repression — but hey, no gender pay gap!

In a 2020 paper, “The People’s Ledger,” Omarova proposed “a structural shift at the very core” of the current system. The Fed balance sheet “should be redesigned to operate as . . . the ‘People’s Ledger’: the ultimate public platform for both modulating and allocating the flow of sovereign credit and money in the national system.”

Central bank accounts would “fully replace — rather than uneasily co-​exist with — private bank deposits.”

Not sure what that means, precisely? No wonder: slogging through the paper, we find vagueness — maybe even evasion. My guess: it’s all about massively increasing control over our wallets and lives.

Typical, but not just of Marxists, of the Washington elite more broadly. 

This is Common Sense. I’m Paul Jacob.


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judiciary national politics & policies too much government

Emergency Effrontery

The ruling was hardly shocking. Most constitutional scholars expected it, I think. That being said, the whole business is … shocking.

I refer to the 5th Circuit Court of Appeals coming down hard against the Biden Administration’s vaccine mandate.

Say those words, “vaccine mandate,” reflecting on how it was “enacted” — not by act of Congress — and the Occupational Safety and Health Administration’s tortured justification for forcing private companies seems doomed.

At least if the Constitution retains any of its meaning.

“The stay,” explains Reason editor Jacob Sullum, “which the court issued on Friday evening, says OSHA shall ‘take no steps to implement or enforce the Mandate until further court order.’ It is officially a preliminary pause ‘pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction.’ But the court left little doubt that it would grant those motions, saying ‘petitioners’ challenges to the Mandate show a great likelihood of success on the merits.’”

The administration’s desperate shoehorning of OSHA’s statutory ability to concoct an “emergency temporary standard” (ETS) is an act of effrontery. 

Sullum, in his detailed coverage, shows just how extraordinary and inapt the reliance upon the ETS is. The COVID-​19 crisis cannot justify the mandate through the legal mechanism chosen. It is fairly obvious that, as the court put it, Biden’s decree “grossly exceeds OSHA’s statutory authority.”

Sullum quotes another judge’s concurring opinion to the effect that even a congressionally legislated mandate would be controversial, constitutionally.

But breathe easy: Nancy Pelosi’s and Chuck Schumer’s Congress has no interest in creating a rational and constitutional response to the crisis.

And our Congress? Well, it doesn’t exist.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights social media

The Colluder-​in-​Chief

When government pressures private companies to censor people, the government is itself acting to censor people.

That the Biden administration is acting to censor unapproved discussion of COVID-​19 isn’t a guess. It has publicly urged social-​media companies to prohibit “misinformation.”

White House press secretary Jen Psaki, for example, has said that Biden’s administration is “regularly making sure social media platforms are aware of the latest narratives dangerous to public health that we and many other Americans are seeing. . . . You shouldn’t be banned from one platform and not others.”

The Liberty Justice Center is now suing the administration and firms like Facebook and Twitter for violating the First Amendment rights of people like Justin Hart, a plaintiff in the case.

Hart is a data analyst who questions the effectiveness of requiring children to wear masks in school. For his fielding and repeating those questions, he was booted from social media accounts.

Explaining its litigation, the Liberty Justice Center observes that “dominant social media platforms and the White House are openly collaborating to eliminate social media posts about COVID-​19 that the administration finds objectionable, and to cancel or suspend the Facebook and Twitter accounts of people who raise issues about COVID they don’t want the public to see.”

I tend to agree with Hart’s conclusion, but that is not the point.

More fundamentally, I am inclined to discover what we might learn from unfettered discussion of the facts. Which is one of the many reasons we need that First Amendment.

This is Common Sense. I’m Paul Jacob.


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