Showing posts with label Freedom of speech. Show all posts
Showing posts with label Freedom of speech. Show all posts

Thursday, April 3, 2025

Ron Paul: Free speech is worth fighting for

Free Speech is Worth Fighting For | Ron Paul Institute | Ron Paul:

March 31, 2025 - "Our Founders, particularly James Madison who drafted the Bill of Rights, understood that our rights are not privileges granted to us by government. No, it was understood at the founding that these basic natural rights outlined by Madison were granted by our Creator and thus no mere mortal could take them away. And first among these is the First Amendment which recognizes that most basic of our natural rights: the right to express ourselves in any way we wish.


Ron Paul in 2012. Photo: David Carlyon.

"Unfortunately the US government has not always been in accord with this sentiment and has many times in our history been at war with our freedom of speech. From the alien and sedition acts at the beginning of our republic to Abraham Lincoln’s war on speech to the jailing of antiwar activists during both World Wars to Kent State, the political class is all for free speech unless it is threatening to the political class.

"Recently a new front has been opened in the war on free speech ... one that Americans must take seriously. On university campuses across the country students – both American and foreign guests – have taken to protesting US support for Israel’s actions in Gaza, where tens of thousands of innocent civilians have been killed. The political class in the United States is determined to defend Israel from its critics and has responded to these protests by threatening and blackmailing the universities if they do not crack down on speech the powers-that-be do not like. 

"Both Presidents Biden and Trump have used the power of US government funding to demand a crackdown on speech they don’t like, with President Trump recently pulling 400 million dollars in federal funding for Columbia University if they don’t silence the protesters. The real scandal is that nearly every US university – both public and “private” – is government funded in the first place. But for politicians to use the power of the purse to deny students the right to express themselves – as long as peaceful – just adds insult to injury.

"Last week a Turkish PhD student at Tufts University was arrested on the street by plainclothes government agents for reportedly simply writing an editorial in her university newspaper expressing her views on the Israel/Palestine conflict. She faces deportation from the country. And she is not alone. Secretary of State Marco Rubio has openly bragged about sending hundreds of students home because they express a political position he disagrees with. Others – including American citizens – have been expelled from their schools and have even had their degrees rescinded. For peacefully expressing a political position that powerful people in Washington disagree with.

"You may also [disagree] with the political position of these students. But to cheer their punishment by the US government is to turn your back on the founding principles of this country. Freedom of speech is a natural right not reserved for American citizens but for all of humanity. And it has been a natural right worth defending for nearly 250 years.

"First they came for foreign students expressing controversial positions and many Americans cheered because they were not foreign and did not like the opinions. But make no mistake: this war on speech will not end with only foreigners being punished. It never does."

Copyright © 2025 The Ron Paul Institute. Permission to reprint in whole or in part is gladly granted, provided full credit and a live link are given.

Read more: https://ronpaulinstitute.org/free-speech-is-worth-fighting-for/ 

Sunday, January 19, 2025

Why the push to silence lockdown sceptics?

Since I've been too busy to find something new for the blog today, here's a blast from the past; an article that I wrote in the fall of 2020, but mislaid, on the push to silence lockdown sceptics.

The New Statesman wants lockdown sceptics silenced

by George J. Dance

As the coronavirus continues to rage through Europe, lockdowns are failing to control it in one country after another, including the United Kingdom (UK). In the UK, lockdown lovers may be getting desperate, which explains the newest craze among the left, seeking to have "lockdown sceptics" (or as I would call them, "Covid libertarians") 'deplatformed' or silenced (or at least marginalized). To do that, they have to malign and misrepresent the movement. 

The New Statesman (NS) magazine, a flagship magazine for the British left (similar to the New Republic in the U.S.), has been doing its fair share of maligning and misrepresenting. Last week I dealt with one such NS article, by lockdown cheerleader and Conservative MP Neil O'Brien, but that was just the tip of the iceberg. 

Throughoug the pandemic, NS has been attacking Covid libertarians with the strawman of "Covid denial"; here is a representative sample from a June article: "Most governments now reject Covid-19 denialism. Nonetheless, it has inspired far-right groups, and sparked protests against lockdowns, from Michigan to Melbourne."  The magazine repeated that strawman as late as January 6, when a "writer, broadcaster and activist," Paul Mason, was still  equating "Covid ... denialism and lockdown scepticism". Mason appears to understand neither lockdown scepticism nor the reasoning behind it: 

Their arguments often rest on scientific arguments and viewpoints that have now been discredited, such as that of the physician Karol Sikora, who in June predicted there would be “no second wave”, and modelling published last March claiming that as much as 50 per cent of the UK population had already been infected. 

Well, no. Maybe someone's arguments rest on that, but not Dr. Sikora's: his argument has always been that (as he titled an October Spectator article), "Covid-19 kills – but so does lockdown"  (a non-"denialist" claim that Mason does not address, but merely dismisses as "adopting ignorance in defence of [one's] own material interest" - as lf Sikora's only concern about his cancer patients missing hospital treatment is his lack of fees from same). Nor do those claims have anything to do with my argument, which I may as well give here:  

  1. Lockdowns violate human rights; it is a matter of fact that people have been deprived of liberty, property, and even life against their will as a result of them. 
  2. Governments, like everyone else, must respect human rights wherever possible. 
  3. Governments violated human rights through lockdowns by pleading an emergency: that if they did not violate those rights, "millions of people would die." 
  4. Granted that saving the lives of "millions of people" would excuse violating some rights: no governments have ever proved that their lockdowns have saved the lives of millions of people (or, for that matter, of any people). 

I have seen only two arguments for the cheerleaders' claim that lockdowns saved lives. One, ironically, was "modelling published last March" that claimed the UK would suffer 220,000 deaths without a lockdown, but just 20,000 with one. (Three lockdowns later, the death toll for the UK is pushing 100,000.) The other is the fact that Covid cases and deaths declined in the spring, which may have been due to (a) the voluntary social distancing that began everywhere before lockdowns (two weeks before, in the UK's case); and (b) the hypothesis that the virus is seasonal (which implies both that it would decline in the spring anyway, and that there would be a "second wave" in the fall).

Three lockdowns later, the UK is left with 100,000 deaths and counting (higher than any non-lockdown nation in Europe); but Mason is sure those deaths were all the lockdown sceptics' fault. Thanks to them, the first lockdown in March worked "too slowly;" the second one, in November, was "far too late"; and the third, after Christmas, came only after "disastrous delay and dither". No wonder he wants to shut the skeptics up: if their opinions are what is causing all these lockdowns to fail, then they must be silenced before any UK lockdowns can actually start saving all those lives. 

Which leads into Mason's own evidence. According to him: "The statistics are clear: the first lockdown worked, despite its late imposition, because schools and colleges were closed" (and not because a seasonal virus like a flu or a coronavirus declines in the spring). "The second lockdown in November, during which schools and colleges remained open, managed only to stabilise the death rate" (and not because a seasonal virus like a flu or a coronavirus does not decline in November). While the "outcome of the third lockdown depends on compliance, which the lockdown sceptics are helping to undermine." See how that works? Shut up the skeptics, close the schools again, and the lockdown may work by next spring.  

Which brings us to the real objects of Mason's spleen: the "prominent lockdown sceptics such as Toby Young, Allison Pearson, Laurence Fox, Julia Hartley-Brewer and Peter Hitchens: celebrity right-wing opinion formers with no scientific credentials." (Mason's own scientific credentials are "New Statesman contributing writer, author and film-maker.") That Gang of Five are not only wrong, but de facto traitors; they are not merely "denying reality," but "are spreading the equivalent of enemy propaganda in wartime." This alleged treason happens because, like "millions of die-hard conservative-minded people," they "still believe they live in a world of individuals and that society has no right to mandate their behaviour in an extreme crisis."

That last conjunct makes little sense. It is not British "society" mandating its citizens' behavior, but the UK government. "Society" cannot mandate anything, because it is not a person or even a god. Society is the human-constructed part of the environment (of which the 'economy' or the 'market' is an iportant part). Environments do not mandate; organisms adapt to them or die, but that is not because they go around punishing mankind for its "noncompliance." 

To a socialist, though, government is "society" - or, at least the members of it who get to mandate how "society" functions. For the past century socialists have tried to 'plan' and 'manage' their national economies to eliminate poverty and scarcity, blaming every failure on 'traitors' of their own. And the result has been so great (it has never worked, but would have every time except for the 'traitors'), that they are now emboldened to try planning the rest of society: if they plan all the minutiae of everyone's lives, from seeing friends to simple outdoor exercise, they will be able to eliminate disease and death itself just as successfully. (One could call this "pathological socialism.")  

Mason candidly admits is that "we’ve been here before with climate change". Since the failure of communism, socialists have trying to build a new case for a new socialism around the climate change threat arguing, as Mason does, that "Mitigating climate change means ... the state taking control of the market." The lockdown debate, as he says, "is rooted in the same ideological soil. If Covid is real, free-market capitalism of the kind the elite sold to British people for 40 years cannot work." Denying those conclusions - that either climate change or the coronavirus prove the case for socialism - is what, for him, actually makes non-socialists and lockdown skeptics "deniers." Even questioning the ability of the state to perform such miracles (if only capitalism were destroyed and all its defenders silenced) is, for someone like him, equivalent to "denying reality." 

Look where pathological socialism has brought us already. As Mason tells it: "We are paying people not to work" thanks to the economic shutdowns that came with the lockdowns taking away their jobs. "We are lending money to bankrupt companies" thanks to those shutdowns driving companies into bankruptcy. "We are forbidding landlords to evict people" thanks to making it impossible for people and businesses to meet their rents. "We are scrapping the exams that divide children into winners and losers at an early age" by working to create a whole generation with no winners. "We are printing money so that the government can borrow it" because, having taken a chainsaw to so much of their societies, western governments have no other way to pay for all of this.  

To secure all these gains, the traitors must be silenced. "I was glad to see YouTube temporarily pull the plug on TalkRadio. I would be even gladder to see Ofcom review the station’s licence to broadcast and Twitter and Facebook label the claims of columnists as questionable or false where appropriate." 

"But above all," Mason concludes, "I want to see politicians and public figures proactively and strongly refute Covid denialism." Here may be another point of agreement. If by "refute" he means try to intellectually engage with (as opposed to misrepresenting, slandering, deplatforming, or outlawing), I would welcome that as well. Unfortunately, I am losing the hope of ever seeing it happen. Unfortunately, I am afraid that by "refute" he means "silence". He wants his opponents silenced. 

Saturday, October 26, 2024

Free speech a top concern of U.S. voters

Free speech is a top concern of U.S. voters in 2024. But a majority of both Republicans and Democrats lack confidence in the other party to protect their free speech, while a majority of independents lack confidence in both those parties. 

POLL: Free speech a top concern for Americans in 2024, more important than crime, immigration, and health care | Foundation for Individual Rights and Expression (FIRE):

October 24, 2024 - "A new poll from the Foundation for Individual Rights and Expression finds that free speech is a critical issue for most Americans in the 2024 presidential election, topping other hot button issues like health care, immigration, crime, and guns.

"FIRE’s poll, conducted by NORC at the University of Chicago, asked 1,022 Americans how important a host of issues were in the context of the upcoming election. The top answer was inflation, with 68% saying increasing costs was 'very important' and 91% calling it at least 'somewhat important.' But the next top answer was free speech, with 63% calling it 'very important' and 90% saying it was at least 'somewhat important'....

"Americans from both parties view free speech as a significant issue, with 91% of Republicans and 90% of Democrats agreeing it’s at least 'somewhat important'.... Republicans were more likely to rate it 'very important” (70% vs. 60%), and they were more likely to respond that they were somewhat concerned about their ability to speak freely in the U.S. today (63% vs. 42%). Republicans were also more likely o respond that they speak less freely today than four years ago (46% vs. 21%).

"Assessments of the two major political parties’ free speech bonafides were mixed, but slightly positive. A majority of Americans also expressed confidence that Republicans (51%) and Democrats (56%) will protect their free speech rights in office. A little under half (45%) said Democrats support free speech either a 'great deal' or 'quite a lot' while 28% answered 'very little' or 'not at all,' compared to 42% and 31% respectively for Republicans. 

"But Americans’ assessment of the two major parties were sharply polarized by their political affiliation: 77% of Democrats say they believe the Democrats support free speech 'a great deal' or 'quite a lot,' and 91% are at least 'somewhat' confident they would protect their free speech rights. 75% of Republicans say they believe the Republicans support free speech 'a great deal' or 'quite a lot,' and 85% express high confidence they would protect their free speech rights. 

"But 53% of Republicans think Democrats support free speech 'very little,' or 'not at all,' and 50% of Democrats say the same of Republicans. 77% of Republicans and 72% of Democrats also reported they are either “not too” or “not at all” confident the opposing party will protect their free speech.

"Self-described Independents gave low marks to both parties in roughly equal measure. A supermajority reported low or no confidence that Democrats (62%) and Republicans (61%) would protect their free speech. Only 23% said Democrats support free speech 'a great deal' or 'quite a lot,' and only 28% said the same of Republicans....

"The FIRE/NORC survey was conducted October 11-14, 2024, using NORC’s AmeriSpeak® probability-based panel, and sampled 1,022 Americans. The overall margin of error for the survey is +/- 4.18%.

"The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them."

Read more: https://www.thefire.org/news/poll-free-speech-top-concern-americans-2024-more-important-crime-immigration-and-health-care

Sunday, October 13, 2024

A perfect storm against free speech

Would-be censors are not even pretending to be in favor of free speech anymore. 

Cut the Truth Out of Our Heads | Brownstone Institute | Jeffrey A. Tucker:

October 13, 2024 - "The censors are losing patience. They have gone from regretting the existence of free speech and gaming the system as best they can to fantasizing about ending it through criminal penalties. You can observe this change in temperament – from frustration to fury to calling for violent solutions – over the last several weeks. And it serves as a reminder: censorship was never the end point. It was always about controlling society’s 'cognitive infrastructure,' which is how we think.... 

"This week, Fox reporter Peter Doocy was sparring with the White House spokesperson over whether FEMA is funding migrants even as it cannot help American storm survivors. She immediately shot back and called this 'disinformation.' Peter wanted to know what part of his question qualified. Jean-Pierre said it was the whole context of the question and otherwise never said. It was clear to anyone who was watching that the term 'disinformation' means to her nothing other than a premise or fact that is unwelcome and needs to be shut down. This messaging has been further reinforced by a Harris/Walz ad blaming unnamed 'misinformation' from Trump for exacerbating hurricane suffering following Hurricane Helene. 

"This exchange came only days after Hillary Clinton suggested criminal penalties for disinformation, else 'they will lose total control.' It’s an odd plural pronoun because, presumably, she is not in control ... unless she regards herself as a proxy for an entire class of rulers. 

"Meanwhile, former presidential candidate John Kerry said the existence of free speech is making government impossible. Kamala Harris herself has sworn to 'hold social media accountable' for the 'hate infiltrating their platforms.' And well-connected physician Peter Hotez is calling for Homeland Security and NATO to put an end to debates over vaccines

"You can detect the fury in all their voices, almost as if every post on X or video on Rumble is causing them to lose their minds, to the point that they are just saying it out loud: 'Make them stop.' 

"Hurricane Milton seems to have caused the censors to flip out in a violent rage, as people wondered whether and to what extent the government might have something to do with manipulating the weather for political reasons. A writer in the Atlantic explodes: 'I’m running out of ways to explain how bad this is. What’s happening in America today is something darker than a misinformation crisis,' while decrying 'outright conspiracy theorizing and utter nonsense racking up millions of views across the internet.' Catch that? It’s the viewing itself that is the problem, as if people do not have the capacity to think for themselves. 

"The old meme of the man staying up late typing because 'someone is wrong on the Internet' applies now to an entire swath of the ruling class. They want freedom out and the stakeholders in control, somehow forcing the whole of the digital age into a version of 1970s television with three channels and 1-800 numbers. The Biden administration even refounded the Internet, replacing the Declaration of Freedom with a new Declaration of the Future....

"So far we’ve only experienced a relatively low-grade version of this compared with what they really want. YouTube accounts have been demonetized and deleted. Facebook posts have been throttled and banned. LinkedIn’s algorithms punish posts that take issue with regime narratives. This has not slowed down in light of litigation but rather continued and intensified. 

"The goal is to close up the Internet. They would have done it by now if it were not for the First Amendment, which stands in their way. For now, they will continue to work through university cutouts, third-party providers, phony baloney fact-checkers, pressure on tech firms that provide government services at a price, and other mechanisms to achieve indirectly what they cannot do directly just yet. 

"Among the strategies is the political persecution of dissenters. Alex Jones is a bellwether here and his company is being bankrupted. Steve Bannon, the philosopher king of MAGA, has been in jail for the entire election season for having defied a Congressional subpoena on the advice of counsel. The protestors on January 6 have been in prison not for damages caused or trespassing but for landing on the wrong side of the regime. 

"Most of us had an intuition that the Covid vaccine mandates themselves were not entirely about health but rather a tactic of exclusion of those who were not fully trusting of authority. This was rather obvious when it came to the military and the medical profession but less apparent within academia where noncompliant students and professors were effectively purged for their refusal to risk their lives for pharma. 

"There was an element of malice, too, in the mask mandates. Even though there was zero scientific evidence that a Chinese-made synthetic cloth worn on the face can change epidemiological dynamics, they did serve well as a visible sign to separate believers from unbelievers, and also as a sadistic means of reminding individualists of who is really running the show. 

"The final means of censorship is violence against person and property, while the end is to control what you think in service of one-party rule. Major tech companies and major media are wholly complicit in bringing this about. Only a handful of services are stopping this and they are all being targeted by the regime through myriad forms of lawfare.... 

"[I]t’s the liar more than anyone who has reason to fear free speech."

Published under a Creative Commons Attribution 4.0 International License.
For reprints, please set the canonical link back to the original Brownstone Institute Article and Author.

Read more: https://brownstone.org/articles/cut-the-truth-out-of-our-heads/

Monday, October 7, 2024

Tim Walz gets First Amendment wrong

During last Tuesday's VPOTUS debate, Tim Walz fumbled a key moment by misunderstanding the First Amendment.


Minnesota Governor Tim Walz giving the State of the State 2024. Office of Gov. Tim Walz / Wikimedia Commons.

October 2, 2024 - "It would be nice if everyone on a presidential ticket understood how the First Amendment works, but unfortunately, that seems to be too much to ask of Minnesota Gov. Tim Walz. During an exchange about censorship and threats to Democracy — springing, inexplicably, from Sen. J.D. Vance (R–Ohio) dodging a question about whether former President Donald Trump lost the 2020 election — Walz made two major free speech fumbles. He claimed there is no First Amendment right to 'hate speech' and repeated the myth that you can't shout 'fire' in a crowded theatre.

"When Vance pivoted to correctly pointing out that Walz had previously 'said there's no First Amendment right to misinformation,' Walz interjected, adding 'or threatening, or hate speech.' But Walz is wrong. While threats aren't protected by the First Amendment, 'hate speech' most certainly is. Speech that is merely offensive — and not part of an unprotected category like true threats or harassment — has full First Amendment protection.... 'The Supreme Court of the United States has repeatedly rejected government attempts to prohibit or punish hate speech,' reads a rundown on hate speech from the Foundation for Individual Rights and Expression, a First Amendment group.... 

"But that wasn't Walz's only error. A few seconds later, he said 'You can't yell "fire" in a crowded theater. That's the test. That's the Supreme Court test.' Again, this is incorrect. It's a common misconception that shouting 'fire' in a crowded theatre isn't protected by the First Amendment — a myth that originates from a hypothetical used in Justice Oliver Wendell Holmes' 1919 Supreme Court opinion in Schenk v. United States. 

"Holmes wrote that 'the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.' Not only was this a purely hypothetical example used to explain Holmes' opinion, but the ruling itself was largely overturned 50 years later in Brandenburg v. Ohio.

"'The real problem with the 'fire in a crowded theater' discourse is that it too often is used as a placeholder justification for regulating any speech that someone believes is harmful or objectionable,' Naval Academy professor Jeff Kosseff wrote for Reason last year. 'In reality, the Supreme Court has defined narrow categories of speech that are exempt from First Amendment protections and set an extraordinarily high bar for imposing liability for other types of speech.'

"The worst part about all this for Walz is that his sloppy, revealing answers on free speech derailed what had been one of his strongest moments in the debate. The subject only came up in the first place because Vance, in an attempt to sidestep a question about Trump's election loss and the possibility of challenging future results, argued that big-tech censorship and government jawboning pose a bigger threat to democracy than Trump's election denial.... Walz was making a good point and asking an important question. That is, until he revealed what he really thinks about the First Amendment." 

Read more: https://reason.com/2024/10/02/yes-tim-walz-you-can-shout-fire-in-a-crowded-theatre/ 

Saturday, August 24, 2024

Starmer government stalls freedom of speech act

The UK's new Labour government has put the Higher Education (Freedom of Speech) Act (passed in the last Parliament) on hold, and is considering repealing it.  

Government delays university free-speech fines | BBC | Vanessa Clarke & Branwen Jeffreys:

July 25, 2024 - "Controversial new powers for universities and student unions to be fined for failing to uphold freedom of speech have been put on hold by the government. Education Secretary Bridget Phillipson said that would allow time to consider whether the law, which was due to come into force next week, would be repealed....

"The Higher Education Freedom of Speech Act, which was passed last year, said universities had a duty to 'secure' and 'promote the importance of' freedom of speech and academic expression. It would have allowed the OfS to fine or give sanctions to higher education providers and student unions in England from next week. It also included a new complaints scheme for students, staff and visiting speakers, who could seek compensation if they suffer from a breach of a university's free-speech obligations. But a government source told the BBC the legislation would have opened the way for Holocaust deniers to be allowed on campus, and was an 'anti-semite charter'."
Read more: https://www.bbc.com/news/articles/cv2gj1x11nmo

The Higher Education (Freedom of Speech) Act 2023 became law but its implementation has been stopped | Octopus TV | August 25, 2024:

Hundreds of Academics Accuse Labour of Free Speech Betrayal | Guido Fawkes: 

577 academics have now signed an open letter to Bridget Phillipson calling on the education secretary to restore the Tories’ Higher Education (Freedom of Speech) Act 2023. The act strengthened impositions on universities to support free speech on their premises and would introduce a complaints scheme to resolve issues.Richard Dawkins, Niall Ferguson, Kathleen Stock and others have signed. 

"The letter spells out that the act won’t be “burdensome” as Labour claims because government analysis has compliance cost at a tiny £4.7 million and that the complaints scheme would keep cases out of court.... Labour’s response is indignant: 'We make no apology for pausing the Tories’ hate speech charter, which would have allowed antisemites and holocaust deniers free rein on campuses'.... 

"Academics can sign here …

https://docs.google.com/forms/d/e/1FAIpQLSc9GcINYCmoeyuiOLPNmmfJ_cUYNfbbf_m09xMCl7S2RQYASA/viewform

"Read the full letter below:

https://order-order.com/2024/08/23/hundreds-of-academics-accuse-labour-of-free-speech-betrayal/

Friday, July 5, 2024

Online Harms bureaucracy to cost >$200 Million

Canada's Parliamentary Budget Office estimates that staffing the bureaucracy needed to enforce the Trudeau government's Online Harms Act will cost $200 Million over 5 years, a number that can be expected to increase. 

PBO says Liberals’ 'online harms’ act to cost $200 million; Poilievre vows to kill it | Western Standard | Shaun Polczer: 

July 4, 2024 - "An 'opportunity cost.' That’s how Calgary Nose Hill MP Michelle Rempel Garner is describing the Trudeau government’s “Online Harms Act” — otherwise known as Bill C-63 — to regulate social media platforms. According to the Parliamentary Budget Office (PBO) it will cost upwards of $200 million to impose what Rempel Garner is calling a 'censorship bureaucracy' to hire 330 people to enforce “yet-to-be defined” regulations regarding the use and management of social media platforms. 

"The bill would establish three separate entities: 

  1. the Digital Safety Commission, which is mandated to enforce the act and has the power to issue monetary penalties and fines; 
  2. the Digital Safety Ombudsperson; 
  3. and the Digital Safety Office, which would manage the day-to-day operations of all three.

"Opposition leader Pierre Poilievre on Thursday vowed to kill all three on arrival.

"The bill was ostensibly passed to prevent online harassment, persecution and stalking of vulnerable people in society. But Rempel Garner worries it’s morphed into a law focussed on 'banning opinions that contradict Justin Trudeau’s radical ideology'.... Canadian author Margaret Atwood called the bill 'Orwellian.' Noted American progressive news outlet The Atlantic called it 'Canada’s Extremist Attack on Free Speech.'

In her substack page, Rempel Garner noted 'the mind-blowing cost of the bill could grow.' That’s because C-63 doesn’t directly set out any structure that would allow for the recoupment of administrative expenses.... Worse still, the figures included in the PBO report would be in addition to a still-to-be-costed increase to the workload of the Canadian Human Rights Commission (CHRC), which, under the scope of bill, would be tasked with policing a flood of extra-judicial 'prosecutions' over individual user social media posts.... 

“'It's unconscionable that the Liberal government would consider dumping $200M and over 300 new staff into an ill-defined new bureaucracy that does little to materially protect Canadians from online harassment when Canada's existing law enforcement officials are begging for support to deal with the crime waves sweeping across our nation,' Rempel Garner said....

"The Canadian Taxpayers Federation is [also] criticizing the bill. 'Today’s PBO report shows the online harms bill will cost taxpayers hundreds of millions and further balloon an already bloated bureaucracy,' said Franco Terrazzano, CTF Federal Director.... For the cost of the online harms bill, the government could instead pay the salary of about 375 new police officers, according to the RCMP’s website. Instead of hiring hundreds of bureaucrats to snoop around social media, the government could hire hundreds of police officers to actually go after criminals,” Terrazzano said."

Read more: https://www.westernstandard.news/canadian/pbo-says-liberals-online-harms-act-to-cost-200-million/55784 

Liberals to spend $200 million on online censorship office | True North | July 4, 2024:
(Story begins at 6:40)


Saturday, June 8, 2024

Trudeau regime's extremist attack on free speech

Canada's Online Harms Bill C-63 would impose draconian criminal penalties on hate speech and curtail people’s liberty in order to stop crimes they haven’t yet committed.

Canada’s Extremist Attack on Free Speech | The Atlantic | Conor Friedersdorf:

June 6, 2024 - "In 1984, George Orwell coined the term thoughtcrime. In the short story 'The Minority Report,' the science-fiction author Philip K. Dick gave us the concept of 'precrime,' describing a society where would-be criminals were arrested before they could act. Now Canada is combining the concepts in a work of dystopian nonfiction: A bill making its way through Parliament would impose draconian criminal penalties on hate speech and curtail people’s liberty in order to stop future crimes they haven’t yet committed.

"The Online Harms Act [Bill C-63] states that any person who advocates for or promotes genocide is 'liable to imprisonment for life.' It defines lesser 'hate crimes' as including online speech that is 'likely to foment detestation or vilification' on the basis of race, religion, gender, or other protected categories.  And if someone 'fears' they may become a victim of a hate crime, they can go before a judge, who may summon the preemptively accused for a sort of precrime trial. If the judge finds 'reasonable grounds' for the fear, the ... judge may put the defendant under house arrest or electronic surveillance and order them to abstain from alcohol and drugs. Refusal to 'enter the recognizance' for one year results in 12 months in prison. This is madness.

"The proposed law ... does many other things too. One section concerns the obligations of online platforms to police content. Another bears on the worthy goal of protecting children from viewing pornography and stopping the distribution of child-sexual-abuse material, raising the odds that the bill will pass with too little attention to its worst provisions. (In February, it passed its first reading in the House of Commons. Becoming law would require a second and third reading in that body, where amendments can be proposed; passage in the national Senate; and approval by the governor general.)... 

"Arif Virani, Canada’s minister of justice and attorney general, is championing it. 'We need the ability to stop an anticipated hate crime from occurring,' he declared last week. 'The Conservatives need to get on board. Now.' According to The New York Times, some version of the bill is likely to pass, because 'Trudeau’s Liberal Party has an agreement with an opposition party to support government legislation.'

"Just countries do not punish mere speech with imprisonment, let alone life imprisonment. Just countries do not order people who have not committed and are not even accused of a crime to be confined to their home or tracked with an ankle bracelet. I have reasonable grounds to fear that the Trudeau government is going to trample on the civil rights of Canadians. That is hardly sufficient to secure the house arrest of its officials.

"Earlier this year, the Canadian Civil Liberties Association urged substantial amendments to the legislation. 'The broad criminal prohibitions on speech in the bill risk stifling public discourse and criminalizing political activism,' it warned. 'The bill imposes draconian penalties for certain types of expression, including life imprisonment for a very broad and vaguely defined offence of "incitement to genocide," and 5 years of jail time for other broadly defined speech acts. This not only chills free speech but also undermines the principles of proportionality and fairness in our legal system.'

"But amendments would not go far enough. No one who favors allowing the state to imprison people for mere speech, or severely constraining a person’s liberty in anticipation of alleged hate speech they have yet to utter, is fit for leadership in a liberal democracy. Every elected official who has supported the unamended bill should be ousted at the next opportunity by voters who grasp the fraught, authoritarian folly of this extremist proposal."

Read more: https://www.theatlantic.com/ideas/archive/2024/06/canada-online-harms-act/678605/

Monday, March 18, 2024

Ontario doctor ordered to take "ethics" retraining

The Ontario College of Physicians and Surgeons, the provincial regulatory body, has ordered Ottawa doctor Miklos Matyas to take remedial training in "ethics and boundaries" for saying things to patients that were "contrary to the information and directives provided by the public health agencies during the COVID-19 pandemic." 

Ottawa surgeon not 'free' to share controversial COVID-19 views with patients: college | National Post | Andrew Duffy: 

March 14, 2024 - "An Ottawa surgeon has been ordered to take a remedial course on ethics and boundaries after sharing with several patients his controversial opinions about the prevention and treatment of COVID-19. Dr. Miklos Matyas, a head and neck surgeon, recently lost his appeal of the order issued by the complaints committee of the Ontario College of Physicians and Surgeons. Matyas argued the case cut to the heart of free speech rights for doctors with dissenting medical views.


College of Physicians and Surgeons of Ontario, 2009.
Photo by Nephron. CC BY-SA 3.0, Wikimedia Commons.

"The complaints panel heard evidence Matyas cast doubt on the efficacy of COVID-19 vaccines, promoted the use of ivermectin, an anti-parasitic drug, and suggested that surgical masks were ineffective at preventing the disease’s transmission. The committee ordered Matyas to appear before the panel for a verbal caution about his communication with patients and colleagues. A date for that appearance has yet to be set.

“'The committee was concerned about the potential impact of the respondent’s (Matyas’) conduct on patient safety and the public interest,' the panel said in its February 2023 decision. 'In the committee’s view, his statements were contrary to the information and directives provided by the public health agencies during the COVID-19 pandemic.'

"Matyas appealed that decision to the Health Professions Appeal and Review Board, arguing the college had no authority to investigate and punish him for expressing scientific opinions that challenged the 'official narrative' on COVID-19.

“'Protection of the public is made possible by protecting physicians’ autonomy and free expression of their honest professional opinions and interpretations of scientific data,' Matyas argued, adding: 'Promoting censorship of dissenting expert clinicians in a rapidly evolving public health crisis is not in the public’s interest.' Any suggestion he offered inappropriate COVID-19 information, Matyas told the review board, rested on the belief that public health officials were always right....

"Matyas’ arguments, however, were rejected earlier this month by the review board, which said the college was legally required to investigate patient complaints and to act when a physician’s conduct was unprofessional. In its decision, the review board said that, while physicians had a Charter-protected right to free speech, it was reasonably circumscribed because they held a unique position of public trust.... 

"'The board finds the committee’s conclusion to be reasonable on the inappropriateness of the applicant’s comments about COVID-19 vaccines and treatment,' the review panel wrote. 'The committee’s conclusion is grounded on public health information in the record, including from the National Institutes of Health, and the U.S. Food and Drug Administration.' The board upheld the committee’s order that Matyas enroll in a remedial ethics course and appear before the panel to be cautioned."

Read more: https://nationalpost.com/news/local-news/complaints-case-addresses-free-speech-of-ottawa-surgeon-with-dissenting-covid-19-views/wcm/6d3c6973-f089-4faf-9161-4f62f54165b6

Andrew Duffy is a National Newspaper Award-winning reporter and long-form feature writer based in Ottawa. To support his work, including exclusive content for subscribers only, sign up here: ottawacitizen.com/subscribe

Friday, January 5, 2024

BC dad fights gag order re child's gender transition

A British Columbia father who was fined and imprisoned for breaking a court order against talking about his minor child's gender transition (which he had opposed) is going to court to have the order lifted.  

BC father who tried to stop child's gender transition fights to make his name public | Western Standard | Lee Harding: 

January 5, 2024 - "The BC father who went to court to try to stop his child’s gender transition is returning to the courts to allow his name to be made public. CD, as he was known in court documents, was sentenced to six months in prison and a $30,000 fine for breaking the court order preventing public dissemination of information about the case [see video]. The fine was lifted upon appeal and time served was deemed sufficient. 

"A publication ban remains in effect in Canada, preventing anyone from calling CD by his real name. The doctors involved in the female-to-male transition of his child had their names concealed, allegedly to protect them from reprisals.

"In an email blast, former MP and Conservative Party leadership candidate Derek Sloan called CD’s legal journey 'a travesty of justice.' He launched a fundraising campaign to help CD go public once again.... 'Now he wants to go after the gag order forcing him to live an anonymous life,' ... Sloan wrote in an email blast. 'He deserves the right to talk about his experience, he deserves the right to have a real existence, unencumbered by draconian rules that could place him back in jail if he slips up on an interview or speaks out publicly about his experience'....

"James Kitchen, who was involved in the case early on as a lawyer for the Justice Centre for Constitutional Freedoms, is taking on CD’s cause once again. 'It's really a travesty that we can't even mention his name. It just goes to show how far the laws have come in Canada in the last half a decade. But what we need to do is take legal action,' said Kitchen in an online interview with Sloan. Because the child involved in the case is now an adult, Kitchen believes little reason remains to keep CD anonymous....

"'It's one thing to be censored so that you can't speak, but then to not even be able to … [use] your name and show your face is a whole other level. It really, really concerns me and disgusts me, and it should everybody, if you care at all, about what it means to live in a society worth living in,' Kitchen said. 'I don't care who the person is, I don't care what the situation is'....However, Kitchen also sympathized with CD’s personal cause to end the gender transitions of minors.... 

"Sloan said donations could be given by e-transfer to fundingthefight@proton.me with the password “freedom” and “CD” in the memo."

Read more: https://www.westernstandard.news/bc/bc-father-who-tried-to-stop-childs-gender-transition-fights-to-make-his-name-public/51431

Canadian Father Jailed for Speaking Out Against Biological Daughter’s Gender Transition | CBN News | March 22, 2021:

Tuesday, October 24, 2023

Locked up for tweets in 2015, NL man still seeking a hearing

Andrew Abbass, who was wrongfully detained by the Newfoundland police in 2015 due to his social media posts, and confined to a psychiatric unit against his will, is still seeking a public hearing eight years later.  

He was detained by police after sending a tweet. 8 years later, he's fighting for a public hearing | CBC News | Ariana Kelland:

October 16 -"A man who was illegally detained by the Royal Newfoundland Constabulary and housed for six days at a psychiatric unit against his will in 2015 is determined to bring his case to a public hearing. But the police officers at the centre of the complaints have gone to court to stop that from happening.

"Andrew Abbass filed public complaints against the now-retired Staff Sgt. Tim Buckle and Const. Joe Smyth in 2017, when new information surfaced during an unrelated police shooting inquiry. After numerous years, reports and appeals, the acting commissioner with the RNC police complaints commission has sent the matter to a public hearing. However, even that is in limbo, as both officers have applied to the Supreme Court of Newfoundland and Labrador for judicial review.

"'At the end of the day, no one has been found to be fully accountable in any meaningful way,' said Abbass, 42, in a recent interview at his home in Happy Valley-Goose Bay. It's been eight years since the alleged misconduct happened. Both Abbass and an expert in police discipline say the process against the two officers has dragged on far too long and speaks to the need for deep reform on police complaints procedures....

"Abbass first came to the RNC's attention in Corner Brook in 2014, when he attempted to charge then prime minister Stephen Harper and his foreign affairs minister for 'inciting genocide by the state of Israel against the Palestinian people.' Abbass had applied to the Supreme Court of Newfoundland and Labrador to hear his argument. The federal government issued a response, but a judge ultimately declined to hear the case in 2017....

"Then, on April 5, 2015 — Easter Sunday —  Smyth, a member of the premier's security detail, shot and killed Don Dunphy in his home in Mitchell's Brook, about 45 minutes outside St. John's. Dunphy was an injured worker who often strongly criticized the province's workers' compensation system online. Smyth, investigating a tweet sent by Dunphy that was interpreted as a threat, said Dunphy pointed a firearm at him. Abbass saw the two incidents as interconnected examples of government overreach, and made his feelings known on social media the following day.... 

"Abbass said he heard an interview with the premier on CBC Radio, in which he said there would be a cracking down of social media monitoring in the wake of Dunphy's shooting. He saw that as Davis doubling down, and considered it an affront to free speech. Abbass tweeted: 'How about this, premier of N.L.: I'm going to bring down Confederation and have politicians executed. Ready to have me shot, coward?' The tweet, he admits, was meant to antagonize.... 'I figured they would arrest me.'

"Four RNC officers came to Abbass's home in Corner Brook where he was living with his pregnant girlfriend and detained him under the Mental Health Care and Treatment Act. Despite spending the next six days in the psychiatric ward of the Western Memorial Regional Hospital in Corner Brook, Abbass was never charged with a crime. Nor was he certified as suffering from any psychiatric condition.... 

"In the wake of Abbass's arrest, the RCMP got a warrant to search his home over a tweet they viewed as potentially threatening against Stephen Harper. The tweet was sent before the Dunphy shooting, but the Mounties moved in only after he was detained by the RNC. He was charged with uttering threats but it was dropped soon after, at his first court appearance. However, once inside his home, they discovered marijuana and charged Abbass and his pregnant partner with cultivation. Abbass said he used it for medical reasons but didn't have a licence at the time. A judge gave him an absolute discharge."

Read more: https://www.cbc.ca/news/canada/newfoundland-labrador/andrew-abbass-rnc-complaints-1.6967702

 What happened to Andrew Abbass? An 8-year police complaints odyssey, explained | CBC NL - Newfoundland and Labrador | October 19, 2023:

Tuesday, October 3, 2023

California law regulating doctors' speech repealed

A California law which empowered the state medical board to take away the licenses of doctors who challenged 'contemporary scientific consensus' on Covid-19, passed with much fanfare a year ago, was quietly repealed on the weekend.  

California repeals COVID misinformation law, bowing to legal pressure | Washington Times | Sean Salai:

October 2, 2023 - "California has repealed a misinformation law that restricted the advice doctors could give patients about COVID-19, bowing to mounting legal pressure. The legislation was signed into law in September 2022 and took effect in January. It tried to define COVID disinformation as 'unprofessional conduct' and empower the Medical Board of California to revoke the licenses of physicians who diverged from 'contemporary scientific consensus.' A federal judge halted the law in January pending court challenges.... 

"California Gov. Gavin Newsom, a Democrat, signed a state Senate bill repealing the section of the state’s Business and Professions Code containing the law, according to a Saturday post on the governor’s website that offered no comment on the action. The nullification should take effect in January, one year after the law took effect.

"Attorneys from the Liberty Justice Center, a Chicago nonprofit legal firm that argued against the legislation in the 9th U.S. Circuit Court of Appeals on July 17, announced its repeal Monday. 'We’re glad California repealed this bill before it could spread to other states, and we’re proud to have defended our clients’ First Amendment rights,' said Jacob Huebert, president of the Liberty Justice Center....

"In a signing statement appended to the law on Sept. 30, 2022, Mr. Newsom acknowledged it could have a 'chilling effect' on free speech. But he said lawmakers had carefully drafted it to deal with abuses and entrusted its interpretation to the Medical Board of California.... Several California physicians disagreed and challenged the board’s right to define treatment. They filed three separate lawsuits against state officials to overturn the legislation in October, November and December 2022. 

"Drs. Tracy Hoeg, Ram Duriseti, Aaron Kheriaty, Pete Mazolewski and Azadeh Khatibi argued in a November 2022 suit that the law interfered with their ability to give patients timely advice as new COVID variants emerged. The New Civil Liberties Alliance, a public interest law firm, represented them in the Eastern District of California. U.S. District Senior Judge William B. Shubb, a President George H.W. Bush appointee, granted them a preliminary injunction against the law in a Jan. 25 ruling....

"Liberty Justice Center filed the first suit against the legislation on Oct. 4, 2022 — a few days after Ms. Newsom signed it into law — in California’s Central District. Drs. Mark McDonald, a Los Angeles psychiatrist, and Jeff Barke, an Orange County primary care physician, argued in that complaint that the law violated their constitutional right to free speech and the spirit of scientific inquiry. 

"In statements on Monday, the two doctors expressed mixed feelings about their legal victory. 'What a shame that it required the precious resources of time, money and stress to preserve our constitutional rights of free speech and medical freedom,' Dr. Barke said. 'We need real accountability, or this will happen again,' added Dr. McDonald.

Read more: https://www.washingtontimes.com/news/2023/oct/2/california-repeals-covid-19-misinformation-law-bow/

California's Medical Misinformation Bill | A Doctor Explains | September 14, 2022:

Wednesday, September 20, 2023

Appeals court upholds Missouri v. Biden injunction

The U.S. Fifth Circuit Court of Appeals has upheld a limited injunction against the federal government censoring social media. 

The Government Censored Me and Other Scientists. We Fought Back—and Won | The Free Press | Jay Bhattacharya:

September 11, 2023 - "When I was 19, I became an American citizen. It was one of the happiest days of my young life. The immigration officer gave me a civics test, including a question about the First Amendment. It was an easy test because I knew it in my heart. The American civic religion has the right to free speech as the core of its liturgy.... My parents had taught me that people here could criticize the government, even over matters of life and death, without worry that the government would censor or suppress us. But over the past three years, I have been robbed of that conviction. American government officials, working in concert with big tech companies, have attacked and suppressed my speech and that of my colleagues for criticizing official pandemic policies—criticism that has been proven prescient. 

"On Friday, at long last, the Fifth Circuit Court ruled that ... that the Biden administration did indeed strong-arm social media companies into doing its bidding. The court found that the Biden White House, the CDC, the U.S. Surgeon General’s office, and the FBI 'engaged in a years-long pressure campaign [on social media outlets] designed to ensure that the censorship aligned with the government’s preferred viewpoints'.... According to the judges, 'the officials’ campaign succeeded. The platforms, in capitulation to state-sponsored pressure, changed their moderation policies'....

"The trouble began on October 4, 2020, when my colleagues and I — Dr. Martin Kulldorff, a professor of medicine at Harvard University, and Dr. Sunetra Gupta, an epidemiologist at the University of Oxford — published the Great Barrington Declaration. The Declaration called for an end to economic lockdowns, school shutdowns, and similar restrictive policies on the grounds that they disproportionately harm the young and economically disadvantaged while conferring limited benefits to society as a whole. The Declaration endorsed a “focused protection” approach that called for strong measures to protect high-risk populations while allowing lower-risk individuals to return to normal life with reasonable precautions. Tens of thousands of doctors and public health scientists signed our statement....

"Four days after the Declaration’s publication, then-director of the National Institutes of Health, Dr. Francis Collins, emailed Fauci to organize a 'devastating takedown' of it. Almost immediately, social media companies such as Google/YouTube, Reddit, and Facebook censored mentions of the Declaration.... [I]n 2021 Twitter blacklisted me for posting a link to the Great Barrington Declaration. YouTube censored a video of a public policy roundtable of me with Florida governor Ron DeSantis.... I am not a political person; I am not registered with either party.... Yet at the height of the pandemic, I found myself smeared for my supposed political views, and my views about Covid policy and epidemiology were removed from the public square on all manner of social networks....

"In August 2022, my colleagues and I finally had a chance to fight back. The Missouri and Louisiana attorneys general asked me to join as a plaintiff in their case, represented by the New Civil Liberties Alliance, against the Biden administration. The aim of the suit was to end the government's role in this censorship—and restore the free speech rights of all Americans in the digital town square.... The case revealed that a dozen federal agencies — including the CDC, the Office of the Surgeon General, and the Biden White House — pressured social media companies like Google, Facebook, and Twitter to censor and suppress even true speech contradicting federal pandemic priorities. For instance, in 2021, the White House threatened social media companies with damaging regulatory action unless it censored scientists who shared the demonstrable fact that the Covid vaccines do not prevent people from getting Covid.... 

"On Independence Day this year, federal Judge Terry Doughty issued a preliminary injunction in the case, ordering the federal government to immediately stop coercing social media companies to censor protected free speech.... The government appealed, convinced it should have the power to censor scientific speech. An administrative stay followed and lasted much of the summer. But on Friday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously restored a modified version of the preliminary injunction, telling the government to stop using social media companies to do its censorship dirty work: 

Defendants, and their employees and agents, shall take no actions, formal or informal, directly or indirectly, to coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech. That includes, but is not limited to, compelling the platforms to act, such as by intimating that some form of punishment will follow a failure to comply with any request, or supervising, directing, or otherwise meaningfully controlling the social media companies’ decision-making processes....

"The decision isn’t perfect. Some entities at the heart of the government’s censorship enterprise can still organize to suppress speech..... But ... the federal government can no longer threaten social media companies with destruction if they don’t censor on behalf of the government. The Biden administration, which has proven itself to be an enemy of free speech, will surely appeal the decision to the Supreme Court. But I am hopeful that we will win there, just as we have at every venue in this litigation. I am grateful for the resilience of the U.S. Constitution, which has withstood this challenge."

Read more: https://www.thefp.com/p/i-fought-government-censorship-and-won

Was Biden's social media meddling illegal? | ReasonTV | August 18, 2023: 

Tuesday, July 18, 2023

US appeals court stays social media injunction

The U.S. 5th Circuit Court of Appeals has vacated a lower court's injunction barring federal government agencies from ordering social media companies to suppress protected free speech.

Federal Officials Can Keep Pressing Tech Platforms To Remove Content for Now, Court Says | Reason | Elizabeth Nolan Brown:

July 17, 2023 - "The U.S. Court of Appeals for the 5th Circuit put on temporary hold an order blocking federal officials from pressuring social media companies to suppress certain accounts, posts, or types of information ... issued Friday. It deferred ruling on the Biden administration's motion for a stay pending appeal 'to the oral argument merits panel which receives this case,' which means those judges will decide whether to lift the current administrative stay or keep things on pause [after] the full appeals process plays out. The court also expedited the case to the next available oral argument slot, meaning an appeals court panel will hold a full hearing on the case as soon as possible....

"First Amendment lawyer Robert Corn-Revere recently wrote for Reason about this case (Missouri v. Biden), suggesting that 'the political noise surrounding the case is distracting attention from the important First Amendment principles at stake.' Corn-Revere cites Judge Richard Posner in Backpage.com, LLC v. Dart: A public official who 'threatens to employ coercive state power to stifle protected speech violates a plaintiff's First Amendment rights, regardless of whether the threatened punishment comes in the form of the use (or, misuse) of the defendant's direct regulatory or decisionmaking authority…or in some less-direct form.' (In that case, an Illinois sheriff pressured credit card companies to stop doing business with Backpage.)

"A ruling that federal authorities must limit flagging online speech to encourage its suppression or removal by tech platforms should be viewed by free speech defenders as an unambiguously good thing. But the lower court's decision in Missouri v. Biden — the decision now on temporary hold — has attracted a lot of criticism in some corners that should know better. For instance, The Washington Post called the initial order 'a victory for conservatives' and warned that it 'could have a major chilling effect on contacts between tech companies…and a broad swath of federal agencies' — as if that's a bad thing!... 

"In the lower court's ruling, U.S. District Judge Terry A. Doughty banned all Department of Justice and FBI employees plus many federal public health officials from 'meeting with social-media companies for the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content,' and 'specifically flagging content or posts on social-media platforms and/or forwarding such to social-media companies urging, encouraging, pressuring, or inducing in any manner for removal, deletion, suppression, or reduction of content containing protected free speech'....

"The case was brought by the Republican attorneys general (A.G.s) of Louisiana and Missouri, as part of a beef with the Biden administration.... 'State A.G.s are unlikely defenders of the First Amendment given the members of that fraternity who make their political bones by mounting anti-speech crusades,' notes Corn-Revere. And on the same day Missouri v. Biden came down, [Missouri A.G. Andrew] Bailey was one of seven state A.G.s who sent a threatening letter to Target warning that the sale of LGBTQ-themed merchandise as part of a 'Pride' campaign might violate state obscenity laws.'

So, Bailey is not exactly a stalwart and unwavering defender of First Amendment principles. And Doughty's opinion 'credulously accepts plaintiffs' claims that almost all of the contacts with government officials (and some civilians) were coercive, and it uncritically accepts assertions that "only conservative viewpoints were allegedly suppressed,"' notes Corn-Revere. Doughty also makes a number of other puzzling assertions in his (now on-hold) 155-page ruling.... But it doesn't mean that Doughty's decision is totally without merits, either.

"'The district court's ruling in Missouri v. Biden rightly recognizes the serious threat government pressure tactics pose to free speech online,' as the Foundation for Individual Rights and Expression put it. This sort of backhanded pressure on social media has come to be known as 'jawboning.' Robby Soave took a deep look at the issue for Reason's March 2023 cover story [see video].

"Perhaps the 5th Circuit's temporary hold on the order is 'the right call given the scope of the order and the many questions it raises," suggests Corn-Revere. But 'while the court of appeals should clarify and narrow the terms of the injunction, reversing it would be a mistake. It doesn't require an active imagination to predict how far a future administration (of either party) might venture if the courts greenlighted this level of governmental meddling in private moderation decisions.'"

Read more: https://reason.com/2023/07/17/federal-officials-can-keep-pressing-tech-platforms-to-remove-content-for-now-court-says/?itm_source=parsely-api

Emails show CDC policed COVID speech on Facebook | Reason TV | January 19, 2023:

Thursday, July 13, 2023

"Disinformation" crusaders oppose 1st Amendment

Some critics of the injunction against the U.S. government using social media to suppress constitutionally protected speech actually have a problem with the Constitution itself.

Some Critics of the Ruling Against Biden's Censorship by Proxy Have a Beef With the 1st Amendment Itself | Reason | Jacob Sullum:

July 12, 2023 - "Some critics of last week's preliminary injunction in Missouri v. Biden, which bars federal officials from encouraging social media platforms to suppress constitutionally protected speech, reject the premise that such contacts amount to government-directed censorship. Other critics, especially researchers who focus on 'disinformation' and hate speech, pretty much concede that point but see nothing troubling about it. From their perspective, the problem is that complying with the First Amendment means tolerating inaccurate, misleading, and hateful speech that endangers public health, democracy, and social harmony.

"The day after Terry Doughty, a judge on the U.S. District Court for the Western District of Louisiana, issued the injunction, The New York Times gave voice to those [latter] concerns in a piece headlined 'Disinformation Researchers Fret About Fallout From Judge's Order.' According to the subhead, those researchers 'said a restriction on government interaction with social media companies could impede efforts to curb false claims about vaccines and voter fraud'.... 

"'Most misinformation or disinformation that violates social platforms' policies is flagged by researchers, nonprofits, or people and software at the platforms themselves,' the Times notes. But 'academics and anti-disinformation organizations often complained that platforms were unresponsive to their concerns.'

 The paper reinforces that point with a quote from Viktorya Vilk, director for digital safety and free expression (!) at PEN America: 'Platforms are very good at ignoring civil society organizations and our requests for help or requests for information or escalation of individual cases. They are less comfortable ignoring the government.'

"The reason social media companies are 'less comfortable ignoring the government,' of course, is that it exercises coercive power over them and could use that power to punish them for failing to censor speech it considers dangerous. In the 155-page opinion laying out the reasoning behind his injunction, Doughty ... cites myriad communications that show administration officials expected platforms to promptly comply with the government's censorship 'requests,' which they typically did, and repeatedly complained when companies were less than fully cooperative. He emphasizes how keen Facebook et al. were to assuage President Joe Biden's anger at moderation practices that he said were "killing people'.... As the fretful researchers quoted by the Times see it, that is all as it should be....

"The Times paraphrases Bond Benton, an associate communication professor at Montclair State University, who worries that Doughty's ruling 'carried a message that misinformation qualifies as speech and its removal as the suppression of speech.' As usual, the Times glides over disputes about what qualifies as 'misinformation,' which according to the Biden administration includes truthful content that it considers misleading or unhelpful. But since even a demonstrably false assertion 'qualifies as speech' under the First Amendment, the 'message' that troubles Benton is an accurate statement of constitutional law. That does not mean platforms cannot decide for themselves what content they are willing to host, but it does mean the government should not try to dictate such decisions....

"In an interview with the Times, Imran Ahmed, chief executive of the Center for Countering Digital Hate, complained that the U.S. takes 'a 'particularly fangless' approach to dangerous content compared with places like Australia and the European Union.' Those comparisons are telling. Australia's Online Safety Act empowers regulators to order removal of 'illegal and restricted content'.... Internet service providers that do not comply with complaint-triggered takedown orders within 24 hours are subject to civil penalties.... Freedom House notes that Australia's law includes 'no requirement for the eSafety Commissioner to give reasons for removal notices and provides no opportunity for users to respond to complaints'.... Australia's scheme plainly restricts or prohibits speech that would be constitutionally protected in the United States. 

"Likewise the European Union's Digital Services Act, which covers 'illegal content,' a category that is defined broadly to include anything that runs afoul of a member nation's speech restrictions. E.U. countries such as France and Germany prohibit several types of speech that are covered by the First Amendment.... These are the models that Ahmed thinks the U.S. should be following.... Critics like Ahmed, in short, do not merely object to Doughty's legal analysis; they have a beef with the First Amendment itself, which allows Americans to express all sorts of potentially objectionable opinions. If you value that freedom, you probably consider it a virtue of the American legal system. But if your priority is eliminating 'hate and disinformation,' the First Amendment is, at best, an inconvenient obstacle."

Read more: https://reason.com/2023/07/12/some-critics-of-the-ruling-against-bidens-censorship-by-proxy-have-a-beef-with-the-1st-amendment-itself/

Saturday, July 8, 2023

Biden appeals social media collusion injunction

The Biden Department of Justice (DOJ) is appealing the federal court injunction barring them and other US. government agencies from colluding with social media to suppress protected free speech.

Biden DOJ to appeal federal ruling on Big Tech collusion | New York Post | Victor Nava:

July 5, 2023 - "The Justice Department will appeal a federal court ruling that blocked Biden administration officials from contacting social media companies because of collusion concerns, court documents show. US District Court Judge Terry Doughty, a Trump appointee, ruled Tuesday that the White House likely violated the First Amendment by flagging content for Big Tech companies to scrub during the COVID-19 pandemic.

"'Pursuant to Federal Rule of Appellate Procedure 3(a), all Defendants hereby appeal, to the U.S. Court of Appeals for the Fifth Circuit, the Court’s July 4, 2023 Preliminary Injunction Order,' read a notice of appeal filed Wednesday by Principal Deputy Assistant Attorney General Brian Boynton and Federal Programs Branch Special Counsel Joshua Gardner. 

"Doughty concluded that the plaintiffs, led by the states of Missouri and Louisiana, were likely to succeed in their lawsuit against the federal government and issued a preliminary injunction limiting dozens of Biden administration officials from attempting to coordinate with social media giants to remove content.

"White House press secretary Karine Jean-Pierre told reporters on Wednesday that the administration 'certainly disagree with this decision'....' 

Our view remains that social media platforms have a critical responsibility to take action or to take account of the effects of their platforms are having to the American people but make independent choices about the information they present.  They are a private, as you know, entity, and it is their responsibility to — you know, to act accordingly. And so, we’re going to continue to be responsible in that way”

Read more: https://nypost.com/2023/07/05/biden-doj-to-appeal-big-tech-collusion-ruling/

Watch: CNN, MSNBC FREAK OUT Over Biden Admin’s LOSS of Social Media Censorship Powers | The Hill | July 5, 2023:

Friday, July 7, 2023

US agencies enjoined from inducing social media to suppress free speech

A U.S. District Judge has issued an injunction against multiple federal government agencies talking to social media about 'encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.'.

Judge’s order limits government contact with social media operators, raises disinformation questions | AP News | Kevin McGill, Matt O'Brien, & Ali Swenson:

July 5, 2023 - "U.S. District Judge Terry Doughty, a conservative nominated to the federal bench by former President Donald Trump, chose Independence Day to issue an injunction blocking multiple government agencies and administration officials. In his words, they are forbidden to meet with or contact social media companies for the purpose of 'encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.'

"The order also prohibits the agencies and officials from pressuring social media companies 'in any manner' to try to suppress posts, raising questions about what officials could even say in public forums. The Justice Department file[d] a notice of appeal and said it would also seek to try to stay the court’s order.... 

"The lawsuit alleges that government officials used the possibility of favorable or unfavorable regulatory action to coerce social media platforms to squelch what the administration considered misinformation on a variety of topics, including COVID-19 vaccines, President Joe Biden’s son Hunter, and election integrity.

"The injunction — and Doughty’s accompanying reasons saying the administration 'seems to have assumed a role similar to an Orwellian "Ministry of Truth"' — were hailed by conservatives as a victory for free speech and a blow to censorship. Legal experts, however, expressed surprise at the breadth of the order, and questioned whether it puts too many limits on a presidential administration.... Administration attorneys, in past court filings, have called the lawsuit an attempt to gag the free speech rights of administration officials themselves. 

"Justin Levitt, a law professor and constitutional law expert who is a former policy adviser to the Biden administration, said the order is unclear as to whether an official could even speak publicly to criticize misinformation on a social media platform. Elizabeth Murrill, an assistant Louisiana attorney general, said Wednesday that the order doesn’t infringe on such public criticism, as long as the official doesn’t threaten government action against the platform.

"Jennifer Grygiel, a communications professor and social media expert at Syracuse University, said Americans should resist the urge to dismiss the case as politically motivated and remain vigilant about the risks of federal encroachment on social media platforms. 'I’m more concerned that we’re lacking critique in the government’s intervention in these spaces,' Grygiel said. 'We need, as a public, to be very critical of any attempts by a government, a federal actor, to censor speech through a corporate entity.'"

Read more: https://apnews.com/article/social-media-protected-speech-lawsuit-injunction-d8070ef43b3b89e8e76b4569c77446d9

Injunction blocks Biden administration from working with social media firms about 'protected speech' | 6abc Philadelphia | July 5, 2023:

Saturday, May 13, 2023

Canada's Liberals swing sharply statist

Policy resolutions passed at this month's Liberal Party of Canada convention show a party structure and membership that want a far more authoritarian and interventionist federal government. 

Abolish the free press, and other fringe policies just adopted by the Liberals | National Post - Tristin Hopper, First Reading:

May 10, 2023 - "One of the most notable items to emerge from last weekend’s Liberal Party convention was that party members voted to effectively abolish the existence of a free press. A resolution – passed without debate – said the party should 'explore options to hold online information services accountable for the veracity of material published on their platforms.'  

"Party resolutions are non-binding and they’re typically more extreme than the platforms that parties will ultimately sell to voters come election time.... However, it’s notable that the Liberals are now entertaining far more extreme positions than they used to.... Now, party members are flirting with federal legislation to banish cars from cities, enact a guaranteed income and culturally remake the Prairies.... 

"[T]wo resolutions ... advocate ... unprecedented curbs on Canadian free speech. A resolution on 'combatting misinformation' says that the federal government should 'limit publication' of the online news media to those whose 'sources can be traced.' So, if you’re a news outlet employing anonymous sources – say, like [those] that first broke the SNC-Lavalin scandal – ... the federal government should ban you from the internet. And then there’s the 'truth in politics' resolution, which proposes the establishment of an 'independent body' that would impose 'sanctions' on political parties that it deems are not telling the truth....

"To remain 'culturally competitive' with the rest of the world, Canada should buckle down on building 'walkable and bikeable' cities. This resolution also warns that the goal is often compromised by misinformation.... As such, this resolution recommends the creation of a fund paying cities to close 'major commercial streets to car traffic'....

"[T]here is a resolution that calls for a wholesale cultural and economic restructuring of the Canadian prairies — the part of Canada that just happens to never vote Liberal. Entitled 'A Green Transition for the Prairies Provinces,' it proposes a widespread campaign of bringing 'electrified' transportation and non-oil jobs to the remote and 'alienated' peoples of Alberta, Saskatchewan and Manitoba. And just in case this resolution didn’t ping absolutely every single Alberta anxiety about the Liberal Party, it makes sure to note that top-down federal controls during the COVID-19 pandemic provide a model as to how to achieve 'desirable results' in transitioning the Prairies....

"Speaking of COVID-19, delegates also favoured the creation of a kind of permanent CERB, a 'Guaranteed Liveable Basic Income.' The resolution states that such a policy would end poverty and actually cost Canada nothing because it would 'increase entrepreneurship by giving everyone the ability to take risks whilst also significantly improving health and educational outcomes'....

"Delegates want[ed] Canada to build a high-speed rail line from Windsor to Quebec City. And then, they wanted Canada to draw up an 'affordable, accessible, modern and practical rail system' to serve everywhere else in Canada that has railroad tracks. No mention is made of VIA Rail, the Crown corporation that essentially has that exact mandate, and generally just delivers money-hemorrhaging, chronically late passenger rail service....

"[A resolution to] end all ‘subsidies’ to the oil sector ... sounds fine.... But ... consider what qualifies as an 'oil and gas subsidy.' The environmental groups which popularized the term count absolutely anything that could be framed as an energy company receiving services or even abstract in-kind support from the government. In recent years, this has grown to include federal research funding to clean up oil spills, grants to transition transit buses from diesel to natural gas and even the costs of arresting activist groups who illegally blockade natural gas projects. So, under its 'Climate Crisis' resolution, the Liberal Party calls for all of this to end. The resolution also calls for all public investment funds to be forced to divest from fossil fuels."

Read more: https://nationalpost.com/opinion/wacky-policies-adopted-by-the-liberals-at-their-recent-convention

2023 Liberal Convention – Preview with party strategists | CPAC – May 4, 2023: