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judiciary national politics & policies regulation

Regulatory Pressure?

Should government regulators be able to urge financial institutions to cancel clients that regulators dislike for political reasons? Such as oil companies and groups advocating Second Amendment rights?

Although a court of appeals has said Yes, the Supreme Court has just said Maybe No in a case involving the National Rifle Association (NRA v. Vullo).

The NRA hasn’t won final victory. But the court is unanimously letting it proceed with its lawsuit, which argues that by pressuring banks and insurance companies to cancel their business with the NRA, New York regulator Maria Vullo violated its freedom of speech.

The Supreme Court seems to accept an artificial distinction, though, between a regulator’s “persuading” an organization to hurt a client and “forcing” it to do so.

An official with power over a company who seeks as a government official to “persuade” that company to do something is engaging in coercion. The implicit threat is: “I have the power to hurt you if you don’t do this little favor for me.”

Moreover, in sending the case back to the lower court, the Supreme Court has also said that it may consider whether Ms. Vullo is protected by qualified immunity, the get-​away-​with-​anything card that government officials are too often able to rely on when they commit wrongdoing.

So this decision is hardly a final, definitive victory for the NRA and other victims of thug-​regulators. But at least the NRA can keep fighting — for itself and the rest of us.

This is Common Sense. I’m Paul Jacob.


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national politics & policies social media

Electoral Fraud, Google-Style

“There exist many sneaky ways to get other people to do what you want, voluntarily — effectively blurring the line between legitimate persuasion and fraud.”

I wrote that in a Common Sense squib entitled “The Online Manipulation of Democracy,” in which I discussed the work of Robert Epstein, a senior research psychologist at the American Institute for Behavioral Research and Technology in California. That was over four years ago. Since then, his research has carried forward, focusing on how “the biggest tech companies influence human behavior, and conducting extensive monitoring projects of bias in these companies’ products, with a particular focus on Google.”

I’m quoting from an article by Masooma Haq and Jan Jekielek, from page A4 of the latest issue of The Epoch Times. In that article, and in an online interview published April 7, we are told how vast this power is — capable of flipping close elections around the world — and how difficult the influencing is to identify.

And that’s not just because Big Tech outfits like Google are sneaky. 

Ephemeral events on our screens, like “a flashing newsfeed, a search result, or a suggested video are the ideal form of manipulation,” Epstein argues, “because they aren’t recorded and are hard to document.”

He insists they “affect us, they disappear, they’re stored nowhere, and they’re gone.” 

Think about what that means: we don’t know we’re being manipulated, and “authorities can’t go back in time to see what people were being shown,” explains Epstein.

But it’s worse: Google, like many “free” online service companies, started out as a Deep State project.

We shouldn’t be shocked to find that sneaky, evasive, ephemeral manipulation techniques have been pioneered by … tax-​funded spies.

This is Common Sense. I’m Paul Jacob.


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