Categories
First Amendment rights media and media people national politics & policies U.S. Constitution

Dick Durbin’s Dangerous Idea

Politicians think in terms of institutions. If you identify yourself as an individual, a mere citizen, pfft: you’re nothing. But say you are from a lobbying group, or a government bureau, or a news organization — suddenly you matter.

That’s even how they interpret the Constitution.

They are wrong.

Back in May, Illinois Sen. Dick Durbin expressed doubt whether “bloggers, or ‘someone who is Tweeting,’ should be given media shield rights.” He believes a big unanswered question looms:

What is a journalist today in 2013? We know it’s someone that works for Fox or AP, but does it include a blogger? Does it include someone who is tweeting? Are these people journalists and entitled to constitutional protection?

Durbin thinks he’s both clever and profound to ask “21st century questions about a provision in our Constitution that was written over 200 years ago.”

But he is actually missing the whole enchilada, the point of the Constitution.

First, our two-​century old freedoms don’t have an expiration date. Second, individuals have rights, not “institutions.” And not because we belong to a group. Either everyone has a basic right, or no one does.

Glenn Harlan Reynolds countered Durbin’s institutional prejudice with a fine piece in the New York Post, where he takes a common sense position: “a journalist is someone who’s doing journalism, whether they get paid for it or not.”

Reynolds reminds us that, in James Madison’s time, “it was easy to be a pamphleteer … and there was real influence in being such.”

Just so for today’s Tweeters and bloggers.

Hey: as far as I’m concerned, you’re being a journalist just for commenting on this at ThisIsCommonSense​.com.

I’m Paul Jacob.

Categories
crime and punishment general freedom

Thou Shalt Not Trespass

Some people are creeps. 

On Independence Day, someone — or a group of someones — broke into Fox News’s Twitter account for politics and put out false notices about the death of the United States President. Apparently, they meant this to smear Fox News, which, though calling itself “fair and balanced,” is in truth a conservative counter to the vaguely-​to-​staunchly leftward bias of ABC/​CBS/​NBC/​CNN/​MSNBC. The popularity of Fox really bugs many folks; some become unhinged on the subject.

And they forget that they should obey the law. And principles of decency.

Now, I don’t know what law in particular was broken. I can’t name it. But, just as I need no city council ordinance number to tell a stranger to get out of my house, after he entered without permission (finding the key, perhaps, in its secret spot in the garden — and hey: what was he doing in the garden anyway?), just so no one needs a special law to know that logging in to Twitter and trying a bunch of obvious and not-​so-​obvious passwords to gain access to someone else’s account is wrong. 

We know this by common law and common sense and simple, everyday morality.

I have a simple bit of advice for all political activists. Say you are angry and you want to really hurt your “enemy.”

First ask yourself: Is what I want to do unjust?

Lastly, you might want to consider: Is it tasteless?

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights

Free Speech Assault Dropped

America has a relatively robust tradition of respecting freedom of speech. Nevertheless, our government officials often find criticism not only annoying but actionable.

But actionable how? 

Campaign finance regulation offers officials one avenue to go after political critics. The CFR regime is so ambiguous and complex that it often seems to cover anything anybody might say at any time about anybody running for office. But the ever-​metastasizing repressive power of campaign finance regulation was probably not what Pennsylvania Attorney General Tom Corbett was relying on when he subpoenaed Twitter, the micro-​blogging company, to try to learn who was savaging his conduct as attorney general.

Corbett demanded names, street addresses and IP addresses of two Twitter subscribers who have been claiming that his investigation into public corruption was politically motivated. Twitter representatives were threatened with arrest if they failed to appear before a grand jury to “give evidence regarding alleged violations of the laws of the Commonwealth of Pennsylvania.”

Corbett’s office claims that the subpoena had nothing to do with aversion to political criticism but was related to a particular prosecution. Perhaps the angry tweeters were really a single disgruntled defendant, only pretending to be contrite in court? 

Regardless, the attorney general was obviously on a fishing expedition, one that targeted First Amendment rights. The outcry from Twitter users, the ACLU, and others was swift and vehement, so Corbett has dropped his abusive subpoena.

Perhaps he should also drop his gubernatorial campaign.

This is Common Sense. I’m Paul Jacob.

Categories
Common Sense

Craigslist, eBay and Twitter

Could California’s budget crisis be solved by a triumvirate of Internet services, Craigslist, eBay and Twitter?

Gov. Arnold Schwarzenegger is raiding the state’s storage sheds to sell off unneeded items on eBay and Craigslist. His signature on a California fleet car adds, it is estimated, $400 to its auction value.

He got the latter idea from one of his million Twitter followers.

Wow. I have nowhere near a million Twitter followers. I’m told that I should envy the governor’s Twitter cred, but … I’m not the jealous type; I won’t seek any “Tweet” revenge. Still, I’d be happy if all my listeners joined, and I got some usable ideas for raising money.

Unfortunately, neither I nor my sponsor, Citizens in Charge Foundation, have a vast resource of unneeded inventory to sell off. Nor do I have the cachet of the actor-​turned-​governor: My signature won’t add much value to a Ford Focus. 

Yep. Someone paid $1,625.01 for a state-​owned Focus with over 110,000 miles on the odometer. The governor signed the visor.

That’s better than a car once owned by Jon Voight!

The only new thing here, really, is using Craigslist and eBay. This isn’t a singularity in the progress of civilization. From this no miracles follow. But it is a healthy sign of thinking slightly outside the proverbial box.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom

Twitter Not Always Annoying

You’ve probably heard of Twitter, now that Oprah has. It is a “micro-​blogging” tool that lets you keep in touch with people by sending messages of 140 characters or less, maybe 30 words. Senders are supposed to answer the question, “What are you doing right now?”

This sounds like a lot of people telling each other they’re hunting for a renegade sock or catching the bus. But people and imagination being what they are, savvy practitioners assure us that Twitter has been put to a very wide variety of uses, not all of them snooze-worthy.

I was sold as soon as I heard how it was used last year to help get innocent men out of jail.

James Karl Buck, an American grad student, was arrested in April 2008 while covering an anti-​government protest in Egypt. So was his translator, Mohammed Maree. Conciseness being the better part of valor, Buck sent a one-​word “tweet” to his “followers” on Twitter. To wit: “Arrested.”

Recipients knew that Buck was in Egypt covering a political demonstration. So comprehension was immediate, action swift. Soon, Buck’s college hired a lawyer to represent him. Soon thereafter he sent another message: “Released.”

His Egyptian translator, Mohammed Maree, was not so lucky. Buck worked hard to help his friend. Twitter was one of his tools. Three months later, Mohammed was free as well.

This is Common Sense. I’m Paul Jacob.