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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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Accountability defense & war general freedom social media

Pentagon Personae

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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Accountability First Amendment rights general freedom social media

Facebook, the FBI’s Snitch

All we have is the word of Department of Justice whistleblowers.

They told the New York Post that over the last 19 months, Facebook has been cooperating with the FBI to spy on “private” messages of users “outside the legal process and without probable cause.”

The targets were gun enthusiasts and those who questioned 2020’s election results.

“They [Facebook and the FBI] were looking for conservative right-​wing individuals. None were Antifa types.”

According to the whistleblowers, Facebook flagged allegedly subversive private messages and sent them to the FBI to be studied by agents specializing in domestic terrorism.

Facebook provided the FBI “with private conversations which are protected by the First Amendment without any subpoena.” Subpoenas were then issued to obtain the conversations that Facebook had already revealed to the FBI.

According to one DOJ source: “As soon as a subpoena was requested, within an hour, Facebook sent back gigabytes of data and photos. It was ready to go. They were just waiting for that legal process so they could send it.”

Facebook has issued a denial. The FBI has issued a non-​denial denial.

The allegations might seem very implausible but for the fact that as the November election approaches, the DOJ has been openly targeting Trump allies for claiming “that the vice president and/​or president of the Senate had the authority to reject or choose not to count presidential electors.”

In short, for talking out of turn.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights public opinion too much government

The Method to the Current Madness

The safety and efficacy of the coronavirus vaccines has been disputed from the beginning.

What this usually means is that those of a skeptical mind challenge the confidence of the pro-​vax mantra — “safe and effective” ad nauseam — and, when they find stats that run counter to this official position, they publicize those stats. Then, major media outfits make a few carping criticisms of the new studies and quickly proceed to assuredly re-​state as fact the original and now more-​dubious propaganda. 

Meanwhile, social media censors dissidents. And when more studies come out casting grave doubt on either the safety or the efficacy of the new drugs, those receive little public attention.

How Alex Berenson was treated is a good example of the methods of the orthodoxy. Take Wikipedia’s judgment: “During the coronavirus pandemic, Berenson appeared frequently in American right-​wing media, spreading false claims about COVID-​19 and its vaccines,” the article confidently runs. “He spent much of the pandemic arguing that its seriousness was overblown; once COVID-​19 vaccines were rolled out, he made false claims about the safety and effectiveness of vaccines.”

False claims! In olden times — why, it seems like just a few years ago — a major news and history resource would not baldly call some contentious matter “false” or “true.” It would state the claims and then let the counter-​claims carry their own weight.

In the case of “the safety and effectiveness of the vaccines,” though, it has become clear: their efficacy wanes, diminishing quicker with each dose, leaving the unvaccinated with proportionally fewer infection and spreading events than the “boosted.”

And as excess deaths and inexplicable demises increase around the world we are “not allowed” to state this in many public forums.

No way to run a health crisis.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Internet controversy social media

Musk’s Twitter’s Must-Do’s

Twitter is selling itself to billionaire Elon Musk “for an estimated $44 billion.”

Since deals sometimes fall through at the last second, the sale may yet be thwarted. For example, the government could try to foul things up — objecting, perhaps, to the possibility that if Mr. Musk takes over, obnoxious repression of speech would be dealt a grievous blow.

So, fingers crossed. But say Musk now has Twitter. What next?

Well, Elon Musk should stick to his stated free-​speech absolutism. He should unfetter speech on Twitter. He is already being pressured to keep banning “misinformation,” i.e., disagreement with people who certainly don’t want their own alleged misinformation to be censored, only their opponents’.

Others want “hurtful” speech — impassioned polemics and invectives by their adversaries — to be squelched.

Musk has said that Twitter should “just be very cautious” about imposing any bans and suspensions. This is vague. Does it not imply the wrong kind of wiggle room for dealing with controversy? Musk must make no attempt to fine-​tune Twitter’s speech to appease the censor faction, for this tribe cannot be satisfied until all with whom they disagree are silenced.

Twitter requires massive, sweeping, immediate changes, including restoring the banned or suspended accounts of all users kicked off for “misinformation” and the like.

Ban terrorists and others calling for — or facilitating — criminal actions. That’s it.

Current Twitter employees who try to sabotage the more free-​wheeling policies should be unceremoniously shown the door.

This is Common Sense. I’m Paul Jacob.


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Will Elon Liberate Tweeting?

Persons who skip social media or who spend their time on Twitter and Facebook discussing lunch or the weather may not realize how anti-​speech such big-​tech forums have become.

If you disagree about what’s better for breakfast, eggs or oatmeal, no problem.

But despite their putative pretense of providing open forums, the dominant social-​media companies routinely ban discussion of touchy subjects like Hunter Biden laptops, pandemics, and and the politics of race and gender. As the satire site Babylon Bee discovered, even calling a man a man, apparently quite a controversial observation, can get you in hot water with Twitter censors.

We have ways of combatting the censorship. One is using alternative platforms that do regard open discussion as a value. Another is becoming a major stockholder and disrupting the anti-​speech agenda from within.

Is this what Elon Musk is up to? Bee CEO Seth Dillon says that after Twitter suspended Babylon Bee for calling a man a man, Musk called him about the suspension and said that “he might need to buy Twitter.” 

Presumably in order to put a stop to such censorious shenanigans.

Now Elon Musk, who has 80.6 million followers on Twitter, has bought the company. Or rather, he has acquired a big stake in it, a 9.2 percent stake. This apparently makes him Twitter’s largest stockholder. Maybe we can dare to hope that he will eventually become the majority stockholder.

Good first step, Mr. Musk. 

Next? Get Twitter to remove the gags.

This is Common Sense. I’m Paul Jacob.


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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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First Amendment rights general freedom national politics & policies social media

Should I Sue?

Well, why not? According to some politicians, I have a perfect right to. 

But, you ask, on what grounds?

Because of the emotional injury I suffer when I listen to these bozos.

Legislation being considered in Congress would permit social-​media companies to be sued for causing physical or “severe emotional injury,” a provision of the Justice Against Malicious Algorithms Act.

This legislation would amend Section 230 of the Communications Decency Act so as to make Internet service providers liable if they algorithmically recommend content that results in “severe emotional injury to any person.”

The text of the legislation is — you guessed it! — vague and murky. And would doubtless be applied with extreme selectivity if enacted.

Other bills being pondered would tackle things like “health misinformation.” Senator Amy Klobuchar declares that it is “our responsibility to take action.” 

Uh, what action?

The action of penalizing social media for inadequately censoring those with whom the senator disagrees.

Such rationalizations of assaults on freedom of speech are severely emotionally injurious to me.

Will I sue? Nah. I wouldn’t win. I doubt I would be one of the ones allowed to collect such bounties. Nor would any successfully passed legislation ever permit congressmen to be sued for their own psyche-​pummeling lies, psy-​ops, and blather.

Perhaps more importantly, it’s wrong to seek to penalize others merely for exercising freedom of speech, no matter how lousy or dispiriting that speech.

Lousy legislation, though — yes. If only we could sue for that.

This is Common Sense. I’m Paul Jacob.


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The Death of “Mind Your Business”

“Twitter is now censoring obituaries.”

That was the tweet of Sean Davis (@seanmdav) summing up (perhaps just a tad hyperbolically) the latest social media attempt at what might best be called “official spin.” 

Ben Domenech (@bdomenech) asked “Who @Twitter thought it was okay to say an OBITUARY is misleading?” But Mr. Domenech tweeted without any exaggeration.

The obituary in question appeared in The Oregonian. The basic information that so vexed Twitter? It appeared in the first paragraph of a grieving family’s sad marking of the death of Jessica Berg Wilson, who “passed away unexpectedly Sept. 7, 2021 from COVID-​19 Vaccine-​Induced Thrombotic Thrombocytopenia (VITT) surrounded by her loving family. Jessica was an exceptionally healthy and vibrant 37-​year-​old young mother with no underlying health conditions.”

FoxNews summarizes the social media giant’s warning on Kelly Bee’s (@ke11ybender) original tweet as follows: “Twitter labeled the tweet ‘misleading,’ and provided information on ‘why health officials consider COVID-​19 vaccines safe for most people.’”

How gratuitous. Jessica Berg Wilson is not “most people.” 

She was one person. 

The malady in question, Thrombotic Thrombocytopenia, has to do with clotting in the body’s smaller blood vessels. The “Vaccine-​induced” in the obituary is very pointed, and probably only a theory, as they say, but it doesn’t look like a bad theory: at least one doctor has identified micro-​clotting as a problem that the mRNA vaccines can cause.

News of these cases has been suppressed, apparently in the cause of universal vaccination. Twitter dutifully adds its weight.

Adjudicating medical claims is none of Twitter’s business. Social media companies are ruining their own industry. Ask why

Demand answers.

This is Common Sense. I’m Paul Jacob.


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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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