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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 national politics & policies

The Colluders

Big Tech social media companies that once boasted of providing open forums now routinely ban speech that they disagree with — speech about elections, pandemics, Wuhan labs, or what have you.

How much of this suppression is private and independently initiated? How much is imposed at the behest of government officials who are supposed to respect First Amendment rights?

Government officials not only say that people should not say such-and-such; they also, increasingly, either complain that social media companies don’t do enough to gag people or herald the extent to which they do so.

Earlier this year, Reuters reported that “the White House has been reaching out to social media companies including Facebook, Twitter and Alphabet Inc’s Google about clamping down on COVID misinformation. . . .”

Now the American Freedom Law Center is suing Twitter and President Biden so that the question of whether the government is in effect “deputizing” private organizations to assault freedom of speech can be adjudicated.

The Center is filing on behalf of Colleen Huber, a doctor Twitter censored and suspended for saying the wrong thing about COVID-19. Of course, there are many other victims of the same policy, and it the Center seeking class-action status for the lawsuit.

The government has been enlisting social-media moguls as foot soldiers in a propaganda war. Whether this is done openly or behind closed doors, this war on free speech violates the Constitution. 

As we must hope the outcome of this legal action affirms.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights media and media people

Misinformed … or Worse?

“For the third time in less than five months,” journalist Glenn Greenwald writes at Substack, “the U.S. Congress has summoned the CEOs of social media companies to appear before them, with the explicit intent to pressure and coerce them to censor more content from their platforms. On March 25, the House Energy and Commerce Committee will interrogate Twitter’s Jack Dorsey, Facebooks’s Mark Zuckerberg and Google’s Sundar Pichai at a hearing . . .”

A joint statement by Democrat committee and subcommittee chairs declares: “This hearing will continue the Committee’s work of holding online platforms accountable for the growing rise of misinformation and disinformation.”

Wait — the constitutional authority of Congress does not stretch to holding social media “accountable” for political speech. The First Amendment clearly states that “Congress shall make no [such] law . . .”

And what Congress is forbidden to do, it cannot threaten and intimidate private companies into doing, instead.

“For the same reasons that the Constitution prohibits the government from dictating what information we can see and read . . . ,” Greenwald points out, “it also prohibits the government from using its immense authority to coerce private actors into censoring on its behalf.”

Consider longtime Hillary Clinton aide Jennifer Palmieri’s response to President Trump’s banning by Twitter and Facebook: “It has not escaped my attention that the day social media companies decided there actually IS more they could do to police Trump’s destructive behavior was the same day they learned Democrats would chair all the congressional committees that oversee them.”

Many on the left — and even some libertarians — continue to argue that Congress plays no role in the censorship being carried out by these private Tech Giants. 

They are mistaken — whether because misinformed or disinformed, we can leave to another day.

This is Common Sense. I’m Paul Jacob. 


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First Amendment rights social media

Our Info War

“Do not close your Facebook or Twitter accounts,” wrote Michael Rectenwald a few days ago.

But I already closed my Twitter!

“Do not give up the geography you have and the connections you’ve made within those spaces. Instead, subvert from within.”

Still, I never liked Twitter. It seems a poisonous atmosphere of too much snark, virtue signaling, mobbing, and worse.

“As of now, there are no alternatives. Parler will be shut down by Amazon within hours. It will also be shut out of Apple and Android vis-a-vis Apple Store and Google Play.”

I hopped on Parler, when it got attacked. With the outages, etc., it is impossible to use. 

“Gab is a digital silo or ghetto that contains and isolates deviationism.”

And former leftist professor Rectenwald — author of the books Springtime for Snowflakes, The Google Archipelago, and Beyond Woke, as well as a novel, Thought Criminal — means “deviationism” in an entirely good way.

“MeWe has already succumbed to the oligarchical censors,” he informs.

“Instead, keep the beach heads that we have and spread out. Don’t give up the connections. We must retain the network of thought deviationism . . . . Read this article and you’ll understand why it’s not as simple as you think,” linking to a Daniel Greenfield essay on Frontpage, “Parler and the Problem of Escaping Internet Censorship” (January 8, 2021).

The problem is oligopoly, argues Greenfield, since five big corporations “control the mobile ecosystem and can shut down an app like Parler anytime they please. . . . an increasingly small interconnected network of companies . . . can act in concert to suppress anyone or anything they don’t like.”

And what role does the federal government play? It applies pressure by threats at the top end (Nancy Pelosi, et al.) and who-knows-what at the Deep End (the CIA and other intel agencies, which have working arrangements with all major tech companies, including Apple).

All the more reason for you to (ahem) SUBSCRIBE for email service on ThisIsCommonSense.org, if you haven’t already. Email is harder to control. 

And we have a lot of work to do, to fight back.

This is Common Sense. I’m Paul Jacob.


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media and media people

Twitter’s Election Interference

Twitter, Facebook, YouTube . . . they sucked us in by pretending to be non-biased platforms for everybody, yet now suppress content that chiefly rubs against one set of clients, supporters of the Democratic Party.

The current case regards the water-damaged computer of (reportedly) Hunter Biden, the content of which reached the New York Post by way of Trump lawyer Rudy Giuliani. But the bigger story is that Twitter won’t allow links to the Post’s reporting, going so far as to lock the Post’s primary account; Facebook has also tried to suppress the story. 

Now it’s blowing up everywhere.

It’s bad for the Bidens: emails suggest the former Vice-President played more of a role than previously claimed in what has always looked improper — no, corrupt — except to most mainstream media.*

No wonder, then, that we hear calls for government regulation of social media.

Shivers down my spine.

But what I have not heard? Giving Democrats a dish of what they love: federal campaign finance law.

Does not social media’s clearly uneven content suppression amount to material support for one set of political candidates over others? Why not stick Democrats with their own beloved regime?

But great minds think alike: while proofreading the above, I found a tweet by Lee Spieckerman, a Texas media specialist: “The @TheJusticeDept should immediately begin investigating @jack [Twitter’s CEO] for illegal in-kind campaign contribution to @JoeBiden.”

While I oppose campaign finance regulation, we must not** let such regulations only be used by one side against the other. 

Yet maybe if we make the threat, social media will come to its senses, and Democrats will see the error of McCain-Feingold.

Too crazy? Or the right amount of 2020 crazy?

This is Common Sense. I’m Paul Jacob.


* A state-connected Chinese bank and a well-connected Russian woman lathered Hunter up with millions and billions of dollars for only one plausible reason: his father’s position in our government. Hunter Biden joined that Ukrainian oil company board after Joe Biden became point-man for our country’s Ukrainian policy.

 ** In the past, I have addressed this notion of applying bad regulations equally, including campaign finance laws specifically.

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general freedom ideological culture

Twitter Gulag?

An old Soviet-phrase — “ne chital, no osuzhdayu” (“didn’t read, but disapprove”) — seems as apt now as ever. Why? Because Americans today have revived the “Soviet mentality,” according to Izabella Tabarovsky, writing at Tablet

Ms. Tabarovsky, a researcher with the Kennan Institute at the Wilson Center, explains that “[c]ollective demonizations of prominent cultural figures were an integral part of the Soviet culture of denunciation that pervaded every workplace and apartment building.”

Jobs lost, careers ruined, people socially disgraced — for “social media gaffes or old teenage behavior” — this is not just a Soviet mania, for Twitter mobs are on the rampage against those they deem “to be deplorable and unforgivable.” 

The difference between current mobbing and Soviet experience, though, is stark: the government does not seem to be in charge, and there are no real gulags to be sent to — as of yet.

Today’s mobbing behavior, on and off Twitter, appears spontaneous and “systemic,” not organizational — more Crucible-like than 1984-ish. 

Nevertheless, this is dangerous stuff. “The practice of collective condemnation feels like an assertion of a culture that ultimately tramples on the individual and creates an oppressive society,” Tabarovsky concludes, insisting that “the failure of institutions and individuals to stand up to mob rule is no longer an option we can afford.”

She’s right. Twitter-mobbing may be ugly, but it is more than that: it is obviously backed by force — witness the current riots; look at the policy agendas of the “politically correct” — and, unless stopped culturally it will have to be stopped in the realm of (ugh) politics and government.

This is Common Sense. I’m Paul Jacob.


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national politics & policies

Much Ado in D.C.

The impeachment trial of President Donald J. Trump began yesterday, after much stalling by House Speaker Nancy Pelosi, who had postponed sending the House impeachment documents to the Senate after the finalization of the impeachment vote a month ago. Supreme Court Chief Justice Roberts swore in the assembled senators — 99 of 100 signed their oaths — and a schedule was announced.

The question of new documents and testimony remains a bit up in the air. “House Speaker Nancy Pelosi says a federal watchdog’s report on President Donald Trump’s freeze of aid to Ukraine makes it more important for Congress to get new testimony and documents,” according to the Associated Press. Seems odd that a trial would require more information than was present in the original indictment, er, impeachment, but I’m no scholar of the legality of this issue.

I do remember the last presidential impeachment.

And it was a real partisan — indeed, all-around — let-down. 

Interestingly, that trial was held around the time Bill Clinton was to give 1999’s State of the Union address. And he gave it, indeed, in the midst of the whole brouhaha. 

Defiantly.

What will President Trump do? What should he do?

I don’t know. But I know what would be fun: deliver it via Twitter.

The Constitution, as I’ve noted before, does not specify a format of the annual presentation before Congress. Thomas Jefferson wrote it out and had it delivered. No speech at all.

But the idea of the Twitterer-in-Chief tweeting it and even not correcting the spelling errors? Priceless.

He could end with “Covfefe.”

This is Common Sense. I’m Paul Jacob.


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social media The Draft

Terrible Twisted Tweet

Close your eyes and imagine a young American.

Got a picture in your mind? Does the youngster have his or her hands cuffed behind his or her back?

No? 

Well, clearly, you’re not the Selective Service System (SSS). 

“When the threat of force is your first argument that somebody should do something,” James Leroy Wilson wrote at Medium.com, “you have no other.”

Wilson added, “And there is no reason for Selective Service to exist, as exemplified by” the agency’s “threatening, bullying” (and since deleted) tweet:

Some people don’t want to register because they think ‘laws and government suck.’ But truth be told, failure to register is punishable by a fine up to $250,000 and imprisonment up to 5 years. Also, failure to register results in a lifetime of denied benefits. #MythBusters

And what a compelling picture of coercion! 

Is that supposed to be your kid?

Let’s start with some myth-busting of Selective Service’s so-called #MythBusting. For all their threats of imprisoning young men who don’t register, no one has been prosecuted in over 30 years. 

I know because I remember those handcuffs quite well. Exactly 35 years ago today, three FBI agents arrested me at my home in North Little Rock, Arkansas, for my unwillingness to present myself and submit to signing a draft registration card. 

My reasons — like those of only 13 others convicted of disobeying this unconstitutional demand — were more clearly articulated than the SSS tweet suggests: namely, a respect for the higher law of the Thirteenth Amendment and basic human rights, a desire to inform my government that I wouldn’t fight an unjust war, and an understanding that conscription was the way unfree countries fill their armies — anathema to the values that make America worth defending. 

Today, non-registration continues to be massive. Admittedly, only half of young men in urban Washington, DC, and barely 60 percent in more rural North Dakota have complied with draft registration. 

Moreover, most registrations are now passive, meaning men are registered while getting a driver’s license or applying for student aid — often without their knowledge. 

Not exactly oozing with patriotism. 

Last year, the agency did send over 110,000 names to the Justice Department for prosecution, but there were no prosecutions . . . which would spark public opposition to the program.

For now, draft registration continues even though former Selective Service Director Bernard Rostker contends, “My bottom line is there is no need to continue to register people for a draft that will not come; no need to fight the battle over registering women, and no military need to retain the [Military Selective Service Act].”

But Congress has empaneled the National Commission on Military, National and Public Service to investigate and provide a report: (1) whether to extend draft registration to women, in keeping with a federal court ruling, or to end the registration program altogether, as it should; and (2) whether there should be a compulsory military draft or civilian national service program.

I believe the draft violates individual freedom and makes our country less safe. We shouldn’t force young women to register or be drafted into combat along with men; we should end this conscription program for everyone. 

I fought the draft 35 years ago when it was about me. I plan to double-down now that it is about my kids. And grandkids. And yours.

What say you? Please go tell the National Commission on Military, National and Public Service — HERE — to listen to your Common Sense today. 

Thank you. I’m Paul Jacob.


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First Amendment rights media and media people political challengers

The Silence Option

“While internet advertising is incredibly powerful and very effective for commercial advertisers,” Twitter CEO Jack Dorsey said last month in announcing a complete ban on political advertising for candidates or issues, “that power brings significant risks to politics, where it can be used to influence votes to affect the lives of millions.”

But is it the risk to “the lives of millions” that is at issue here?

Really?

Pressure for social media companies to police “renegade” voices came mainly from the left . . . in Congress and major media. These are the groups with the most to lose by the free flow of political debate, as spurred by paid political advertising, which is what challengers often use to break through the incumbents’ natural advantage. 

Congress is filled with incumbents, by definition.

Major media sees itself as gatekeeper for political discourse, and feels threatened by an unregulated online culture.

Accordingly, Twitter’s ban received rave reviews from the political left. “Good call,” progressive Congresswoman Alexandria Ocasio-Cortez responded. A spokesperson for former Vice-President Joe Biden’s campaign called it “encouraging.”*

“Good,” tweeted Montana Gov. Steve Bullock (also sort of a presidential candidate). “Your turn, Facebook.”

But Facebook is thankfully not bending to pressure.

“[I]f Facebook were to cut off political ads, it could end up undercutting the scrappy, first-time candidates . . .,” reports The Washington Post. “Voters are more likely to see Facebook ads than television ads from challengers, according to the findings, published in a working paper whose first author is Erika Franklin Fowler of Wesleyan University.”

“Online advertising lowers the cost and the barriers to entry,” Fowler told The Washington Post.

Which is bad for the political establishment because it is good for challengers, the outsiders.

This is Common Sense. I’m Paul Jacob.


Perhaps the ban encourages top Democrats for the same reason the president’s campaign manager sounded the alarm: “This is yet another attempt to silence conservatives since Twitter knows President Trump has the most sophisticated online program ever known.”

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Don’t Tempt Her

Scrolling down @realDonaldTrump’s prolific Twitter feed, I cannot help but wonder: when does the president find time to do his job?

I am not the only one to wonder.

Still, as President, Trump sure is a great . . . troll. “I think that Crooked Hillary Clinton should enter the race to try and steal it away from Uber Left Elizabeth Warren,” Trump tweeted on Tuesday. “Only one condition. The Crooked one must explain all of her high crimes and misdemeanors including how & why she deleted 33,000 Emails AFTER getting ‘C’ Subpoena!”

Mrs. Clinton responded curtly: “Don’t tempt me. Do your job.”

I wonder if she fumed, under her breath, “do my job!”

CNN, in its report on this Twitter exchange — yes, this is our reality, now, this is the news! — recalled Clinton’s assurance, in March, that though she will continue “to keep speaking out” and “is not going anywhere” (heh heh), she definitely will not run again. CNN did not take Trump’s bait about Clintonian corruption, instead mentioning that “Trump’s invocation of Clinton — whom he has attacked repeatedly in his role as President — comes as the Democratic presidential primary ramps up alongside a House impeachment inquiry into the President centered around his interactions with foreign leaders.”

CNN also neglected to mention that the Hillary Clinton campaign had interacted with foreign leaders — including Ukrainian, it appears — for election advantage.

Which I guess is why we need Twitter — to allow the president to push news the press won’t cover. 

This is Common Sense. I’m Paul Jacob.


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