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crime and punishment First Amendment rights general freedom

Censors Slapped at Start

Californians may now be allowed to see and laugh at “falsehoods” after all.

The Golden State legislature and Governor Newsom will probably fail in their attempt, made in open violation of the First Amendment, to ban certain parody and satire that communicates what they call “falsehoods.” (California hasn’t yet outlawed political novels.)

The battle isn’t over yet. But a court has issued a preliminary injunction against recently passed legislation, declaring that it “does not pass constitutional scrutiny.”

Cited in the ruling is this excellent insight: “‘Especially as to political speech, counter speech is the tried and true buffer and elixir,’ not speech restriction.”

Further, by “singling out and censoring political speech, California hasn’t saved democracy — it has undermined it. The First Amendment does not brook appeals to ‘enhancing the ability of … citizenry to make wise decisions by restricting the flow of information to them.’” Though the judge determined that California has “a valid interest in protecting the integrity and reliability of the electoral process,” the current legislation “lacks the narrow tailoring and least restrictive alternative that a content based law requires under strict scrutiny.”

What could such “narrow tailoring” have consisted of? The repudiated legislation has everything to do with speech that should be unhindered and nothing to do with protecting the electoral process. 

AB2839 and a related law, AB2655, were the rapid response of California’s kingpins to an effective parody video of a “Kamala Harris” “ad.” In it, “Harris” explains that she is a vacuous “deep-​state puppet.”

The First Amendment protects the right to utter truth, falsehoods, and the kinds of satirical fictions and parodic exaggerations that everybody but opponents of free speech understand to be fictions and exaggerations.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

California vs. Inconvenient Speech

California Governor Newsom wants to outlaw all political speech annoying to himself. If legislation he’s just signed is allowed to stand, he’ll be well on the way to doing so.

One target of California’s two new laws, the Babylon Bee, is filing suit against them.

The Alliance Defending Freedom, which represents the Bee, says that the subjects of the lawsuit, California’s AB2839 and AB265, “censor speech through subjective standards like prohibiting pictures and videos ‘likely to harm’ a candidate’s ‘electoral prospects.’… AB 2655 applies to large online platforms and requires them to sometimes label, and other times remove, posts with ‘materially deceptive content.’”

Babylon Bee CEO Seth Dillon observes that, contrary to the wishes of “self-​serving politicians [who] abuse their power to try and control public discourse and clamp down on comedy,” the right to tell jokes they dislike is secured by the First Amendment.

The vague nature of the laws would enable California officials to “police speech they disagree with,” according to ADF and Captain Obvious.

One of the laws requires a disclaimer to be attached to satirical content, a mandate that also violates the First Amendment.

The immediate incentive for fast-​tracking the censorship bills into law was a parody video of Kamala Harris that includes a simulation of her voice. The video does bill itself as parody but that is obvious regardless. This video “should be illegal,” Newsom asseverated.

No, it shouldn’t. 

Anyway, watch the hilarity on YouTube … while you can.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights judiciary

Court Halts Imprisonment for Speech

Left-​wing enemies of right-​wing freedom of speech, specifically the freedom of speech of Douglass Mackey, recently got their way when U.S. District Judge Ann Donnelly sentenced him to seven months in prison.

But now, a month after sentencing, another court has said wait a minute.

As I reported in October, Mackey was convicted for actions in 2016 that nobody could have known would later be treated as crimes. The FBI had arrested him shortly after Joe Biden became president in January 2021 — as if waiting for a favorable political climate for an obviously partisan action.

According to selectively prosecuting U.S. Attorney Breon Peace, Mackey threatened democracy and sought to “deprive people of their constitutional right to vote.”

What attempted deprivation of voting rights? Did Mackey lock people in their homes so that they could not go out to vote? Steal ballots? Glare and scream at people walking toward a voting site?

No, all that this obvious opponent of Hillary Clinton did was publish satirical posts telling Hillary voters to vote by text, much easier that way. Obnoxious, maybe; or silly. But the posts had no power to hypnotize or derange anyone or, for that matter, prevent anyone from double-​checking with an election office or Google. And prosecutors brought in no voters who claimed to have been fooled by the obvious jest — which arguably was satire, a jape upon Mackey’s political opponents.

There’s no there there. Nevertheless, Mackey’s liberty has been at risk at least since 2018, when his legal name behind his pseudonymous social media presence was revealed.

It’s still at risk. But the Second Circuit Court of Appeals has blocked Mackey’s seven-​month imprisonment until his appeal can be decided and the free-​speech issues properly adjudicated.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights social media

Chirp Meets Buzz

The Babylon Bee won’t cooperate with Twitter’s censorship of the Babylon Bee.

When instructed to remove tweets in order to recover account access, people tend to comply.

Not always, but often.

Hard to blame them. But it does mean that Twitter gets away with all kinds of egregious censorship that the social media “platform” shouldn’t get away with.

The Bee’s latest sin? Bestowing upon HHS Assistant Secretary for Health Rachel Levine — who had just been dubbed a Woman of the Year by USA Today because Levine “identifies as” a woman — the title Man of the Year.

Twitter has locked the Babylon Bee out of its Twitter account.The platform literally “can’t take a joke.” And Twitter demands the Bee must delete the tweet to regain access.

“We’re not deleting anything,” says Bee CEO Seth Dillon. “If the cost of telling the truth is the loss of our Twitter account, then so be it.”

Dillon notes that account holders are not only expected to remove offending tweets but also to repentantly check a box to renounce the censored viewpoint. “You have to deny that you meant it.… They’re forcing you to grovel and adopt an ideological position that you don’t actually hold.”

The Babylon Bee is routinely assailed by Internet censors. Satire, parody, pastiche, lampoon, spoof, sarcasm, irony, etc. are all allegedly forms of “misinformation” and “hate speech,” thwarting of which is the rationalization du decade for stopping people from talking to each other.

In response, the Babylon Bee is thankfully taking a stand and, let’s hope and trust, won’t back down.

This is Common Sense. I’m Paul Jacob.


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media and media people

Zucker’s Scold

It was in bad taste.

The “meme” — an altered video — depicted extreme, murderous violence. But it was not “weaponized” as  incitement to real violence; it was, instead, “memeticized” contempt against the meme’s “victims,” the full panoply of media outlets along with a few iconic politicians.

The video was very popular over the weekend on social media. It took the church massacre scene from the first Kingsman movie, but with President Trump’s head placed over Colin Firth’s visage, crudely in “meme” fashion, and a few other heads put over other actors’, and the logos of major news outlets superimposed over most of the movie’s victims’ heads.

Cartoonish, yes, but done with élan.

Brooke Baldwin, however, is a paid agent of billionaire president of CNN, Jeff Zucker, and she has her marching orders, as revealed this week by a Project Veritas scoop. So she lit into the president in high moral dudgeon: “Mr. President, why is it taking you so long to condemn this video? You tweet all the time. I don’t want to hear from your press secretary … who says you strongly condemn the video … I want to hear from YOU.”

What Ms. Baldwin and her boss don’t get is that a growing swath of the American populace does not want to hear from a news reporter scolding demands that the president “condemn” things he had nothing to do with.

Trump didn’t make the meme, after all, nor had it made for him. 

Brooke Baldwin’s effrontery shows why someone might make a meme like the one in question. 

Not because you deserve to be killed, Ms. Baldwin, but because you deserve derision.

This is Common Sense. I’m Paul Jacob.


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general freedom media and media people

The Pumpkinification of Snopes

Satire exaggerates not just for a laugh, often employing the reductio ad absurdum for cutting effect — casting our attention on human follies and crimes. 

While the classic literary satires include Seneca’s Apocolocyntosis (divi) Claudii — “The Pumpkinification of (the Divine) Claudius” — and Jonathan Swift’s 1729 “Modest Proposal for preventing the children of poor people in Ireland from being a burden on their parents or country, and for making them beneficial to the publick,” we nowadays often turn to humor websites, like The Onion.

Or, increasingly, The Babylon Bee.

Last week, as I set out for the Far East, the Bee story that topped the page was “New Genderfluid Dolls Emit Blast Of Pepper Spray, Alert Authorities When Children Use Wrong Pronoun.” On the same date I caught “Man Sure Is Glad He Switched From E‑Cigs To Regular, Healthier Cigarettes.”* And laughed until I coughed.

Worthy of The Onion, sure, but better than most recent Onion efforts. 

How did the Bee leap to the forefront of modern satire? Well, it’s a Christian site, actually, which seems to help. The Bee’s writers do not accept any dominant strain of contemporary culture as an admirable norm — like today’s “woke comics” must — so it is easier to find the absurdities in this current epoch’s conflicted and contradictory politics and culture.

The Bee so effectively lampoons dominant culture that snopes​.com, the progressives’ most popular (putative) fact checking site, warned that the Bee’s great Chick-​fil‑A satire confused some readers because it “altered some details of a controversial news story.”

Satire is funny. Not getting satire? Priceless.

The Babylon Bee’s biggest competition may not be The Onion.

This is Common Sense. I’m Paul Jacob.


* Nick Gillespie of Reason mentions some titles that caught his attention: “‘Trump Is Being Influenced by The Russians, Screams Communist!’ and ‘Woke Polar Bear Apologizes for Being White.’ Classics include ‘Trump Proves He’s Not A Racist By Showing His Rejection Letter From The KKK’ and ‘Local Christian Would Do Anything For Jesus Except Believe Things That Are Unpopular.’”

Babylon Bee, Snopes, fake news, satire

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