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ballot access initiative, referendum, and recall

Initiative-​Crippling Law Clobbered

The right of citizen initiative is the right of voters to petition to get a measure on the ballot; then, if that happens, to vote on it and pass it. 

Many politicians hate this right and work to weaken it.

A few years ago, Florida’s Constitution Revision Commission considered sending a measure to the state ballot to treat voters who abstain from voting on a ballot question as having voted No. The proposal died on the vine, thankfully. But this is the kind of encroachment politicians fantasize about.

The latest attack on Floridians’ right of citizen initiative — a law to cap donations to such campaigns at $3,000 during the signature-​gathering phase — has just suffered a less definitive setback.

Federal Judge Allen Winsor in the Northern District of Florida halted the new law from going into effect on the very day it was scheduled to do so. (Cutting it a little close, aren’t you, judge?) He ruled that contributions to an initiative campaign are obviously a form of political expression and that the law would inflict irreparable harm if even briefly in force.

True. 

If petition organizers can’t raise the funds needed to collect the required 891,589 signatures, it becomes enormously harder to get a measure on the ballot and let voters have their say. A say that foes of citizen initiative rights certainly do not want voters to have.

The ruling blocks the law only until the court reaches a final resolution on its constitutionality, so this legal battle isn’t over yet. 

What is most certainly determined, however, is that Florida legislators don’t care about the Constitution. 

This is Common Sense. I’m Paul Jacob.


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They Aren’t Lying Now?

“You lie!”

When U.S. Representative Joe Wilson (R‑SC) shouted this at President Barack Obama during 2009’s State of the Union — scandal!

How dare he?

At issue was whether federal tax dollars would aid illegal immigrants under Obamacare. Democrats denied that any such thing would happen. Indeed, the very idea constituted a calumny, a mere paranoid Tea Party delusion.

This came to a lot of people’s minds after last week’s televised Democratic Party presidential candidates’ debates. 

On Thursday, all ten on-​stage candidates assented, with hands held proudly high, to giving undocumented aliens free health care. And several from the previous night’s debate are also on record for the same thing, none of them more insistent than Senator Elizabeth Warren, who proclaims that health care is a right.

Democratic opinion leaders now eagerly assert what they took offense at a mere ten years ago. 

There are two very basic things we can learn from this.

First, what politicians say about what they want changes over time.

A decade ago, Democrats took offense when called socialist; now they revel in the term. So what are we to make of Democrats’ current s‑word usage? Now they insist they don’t want to nationalize the means of production — but will they tomorrow?

Second, the debate over immigration is not really between restrictionists and open borders supporters. It is between proponents of restricted immigration, on the one hand, and those who demand subsidized immigration, on the other.

A true open borders policy could look very different from what Democrats now push.

Less socialistic.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment First Amendment rights general freedom ideological culture national politics & policies political challengers Regulating Protest

Assaults Not Allowed

Have Americans forgotten that freedom makes getting along easier?

We do not all have to like each other. We do not even all have to be nice to each other. We just don’t have license to hit or hornswoggle our fellows. Hate speech may be bad, but it is hate assaults — not talk — that should be punished by law.

Yes, free people are at liberty to insult each other, call each other nasty names, even demean each other. And those insulted, besmirched, and dissed may return in kind or shrug the negatives off.

But we needn’t let it go at that. 

Bill Ottman, founder and CEO of Minds​.com, reminds us that there is more than one way to skin a hate. When coming across vile nonsense and worse, “the most important question is how we deal with these situations,” he writes.

We may be able to find the answer in the work of Daryl Davis, a famous blues musician with a hobby of  befriending members of the Ku Klux Klan. According to him: “Once the friendship blossoms, the klansmen realize that their hate may be misguided.” By having dinner with Klansmen, he has inspired over 200 members to give up their robes.

Ottman goes on to call for a concerted effort to reclaim a future for “internet freedom and human rights.” That’s a good idea.

Don’t accept the premise that, to get along, we must squelch speech. Instead, ignore disagreeable people trying to make us feel bad.

And look for ways to persuade those who hate us.

We can be adults about this. And keep freedom of speech.

This is Common Sense. I’m Paul Jacob.

 


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crime and punishment First Amendment rights general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government

Twitter’s Merkel Tactics or Merkel’s Twitter Tactics?

Is Twitter cooperating with Germany’s new crackdown on social-​media speech because otherwise it risks steep penalties? Or is Twitter just doing what it would do anyway?

When Germany’s new law against unwelcome speech went into effect this year, many Germans protested. “Please spare us the thought police!” was the headline in one top-​selling paper, Bild.

The law requires social-​media sites to block unapproved content — which includes “hate speech” and “fake news” — within 24 hours or face exorbitant fines. (Of course, every piece of news, no matter how well or shabbily reported, gets decried as hateful “fake news” by somebody.) Under the new law, Twitter suspended the accounts of two officials of the political party Alternative for Germany who tweeted that Muslim men have violent proclivities. Hateful, fake, inexact, whatever, such tweets by themselves threaten nobody and violate nobody’s rights. 

Did Twitter act only under duress here? 

Well, in the U.S., the company is not ordered by our government to muzzle anybody except perhaps terrorists or persons directly instigating a crime. Yet Twitter regularly suspends or bans users whose speech it considers objectionable. Moreover, it has become notorious for especially targeting speech that can be regarded as on the right end of the political spectrum — while leaving intact the tweet-​speech of left-​wing micro-​bloggers no matter how threatening or abusive.

I don’t say America’s government should become involved. It should certainly not compel Twitter to drop its double standard. 

Instead, it is Twitter itself that should become involved … and drop its double standard. 

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment free trade & free markets general freedom ideological culture moral hazard nannyism national politics & policies property rights responsibility too much government

The Owners of Twitter Have Rights

Roger Stone is suing Twitter for kicking him out. 

Without saying exactly why they booted him, Twitter implies that the reason is abusive language. For his part, Stone accuses the social media giant of targeting right-​wing tweeters while letting left-​wing tweeters off the hook for the same or worse alleged wrongdoing. 

I’ll stipulate that Stone is justified in accusing Twitter of rank, ideologically motivated hypocrisy in applying its micro-​blog policies. But he’s wrong to sue.

As I have argued before — indeed, just yesterday — government should not regulate Internet forums and should not compel Twitter or other firms to provide a soapbox for anybody else. The only relevant legal issue here is whether Twitter has violated a contract. But Twitter does not agree to let anyone use its services unconditionally. And I don’t think that Stone is alleging any violation of contract. 

Our right to freedom of speech does not include the right to force others to give us access to their property in order to exercise that freedom. Nor do the rights of any individuals to use and dispose of their own property disappear if they happen to create a very big and successful enterprise. There are many ways to try to make Twitter pay for bad policies without using force against the company, including boycott and direct competition.

I agree with the guy who said that one’s right to freedom is not contingent upon a guarantee “that one will always do the right thing as others see it.” 

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom ideological culture media and media people national politics & policies responsibility

The Silence of Violence

“The Free Speech Movement is dead.”

So said the Berkeley College Republicans after violence Wednesday night forced cancelation of a sold-​out speech by Milo Yiannopoulos, the Greek-​born British author, now a senior editor at Breitbart News. The reference, of course, is to the University of California’s history as a haven for free expression dating back to the 1960s.

Protests of the event gave way to

  • people beaten up on the streets,
  • rocks and bricks and Molotov cocktails hurled at police,
  • a young woman with a “Make America Great Again” parody hat pepper-​sprayed in the face,
  • fires set, windows smashed at the Martin Luther King Jr. Student Union, along with
  • an estimated $100,000 of property damage.

Yet only one arrest was made Wednesday night, and two on Thursday, when a man in a suit wearing a Trump hat apparently triggered two guys to jump out of their car and assault him.*

CNN dubbed the “inflammatory” Yiannopoulos a “professional provocateur.” He has also been labeled a racist, which he denies, and a homophobe, even though he’s gay. Pushing the envelope against political correctness, for his part, Milo calls “college campuses … cancerous and toxic to free expression.”

Regardless of label, Yiannopoulos’s right to speak and the right of others to listen are constitutionally protected. And violence to block a peacefully expressed point of view is never justified.

Asked about the tactics used, one unnamed young protestor** explained, “Although, you know, it could get violent or whatever, with the fire, that’s what caused Milo to leave. We succeeded.”

The young woman added, “And next is Trump.”

Either we defend civilization against speech-​squelching violence, or inherit an ugly silence.

This is Common Sense. I’m Paul Jacob.

 

*More arrests may be forthcoming. The Washington Post reported that, “University police rescued many people in the crowd who were being attacked, trapped or injured … and are collecting video to try to identify suspects.”

** The woman was part of the ominously-​named group By Any Means Necessary.


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