Category: First Amendment Freedoms

Monday Wake Up Call – September 24, 2018

The Daily Escape:

Avoto Metro Station, St. Petersburg, RU – 2014 photo via themindcircle

(Wrongo and Ms. Right are leaving today for Russia. We will be in St. Petersburg tomorrow, and eventually wend our way to Moscow. You should expect that blogging will be light. Regular posting will resume on October 9th. One more thing: We won’t be looking for the real hackers.)

The Trump administration doesn’t lack for enemies, but it is considering adding a few more. Bloomberg reports that:

The White House is considering a draft executive order for President Donald Trump that would instruct federal antitrust and law enforcement agencies to open probes into the practices of Alphabet Inc.’s Google, Facebook Inc., and other social media companies.

Bloomberg says that the language of the order instructs US antitrust authorities to: (emphasis by Wrongo)

Thoroughly investigate whether any online platform has acted in violation of the antitrust laws. It instructs other government agencies to recommend within a month after it’s signed, actions that could potentially “protect competition among online platforms and address online platform bias.”

Assuming that the order is signed in something like its current form, it is an escalation of Trump’s aversion to Google, Facebook, Twitter, all of whom he’s publicly accused of silencing online conservative voices and news sources. The draft order says:

Because of their critical role in American society, it is essential that American citizens are protected from anticompetitive acts by dominant online platforms….It adds that consumer harm — a key measure in antitrust investigations — could come “through the exercise of bias.”

And there you have it. Because these companies allow criticism of the Very Stable Genius, we will get one step closer to government control of what you can say on the internet.

The draft order doesn’t name any companies, but it doesn’t have to in order to intimidate Google, Facebook, Twitter, and Amazon’s parent’s other business, The Washington Post, to suddenly insure that their coverage of Trump is a whole lot nicer.

OTOH, there is a basis for what the DOJ is thinking of doing. There have been arguments from the right and the left that Silicon Valley companies including Google and Facebook, engage in anti-competitive behavior. The companies argue they face robust competition, and that many of their products are free.

Before this, bias has not been a factor in antitrust examinations. But, according to Bloomberg:

A Pew survey earlier this year found that 72% of Americans, and 85% of Republicans, think it’s likely that social media companies intentionally censor political viewpoints that those companies find objectionable.

But there is no objective evidence that either Facebook or Google systematically discriminates, left or right.

Even among some on the right, there are misgivings about a Trump administration crackdown on the free speech rights of these firms. The libertarian groups FreedomWorks and ALEC sent a letter to AG Jeff Sessions expressing concern that his:

…inquiry will be to accomplish through intimidation what the First Amendment bars: interference with editorial judgment.

While the political bias aspect of the order is controversial, it probably won’t scare either Google or Facebook. The First Amendment bans the government from restricting or imposing speech.

Federal authorities cannot require any company to publish views it favors, but it can take crippling anti-trust actions until the companies bend their algorithms to favor Trump messaging.

The danger of such thinking is obvious, however, as the Pew survey information above shows, the vast majority of Republicans agree with Trump.

You should agree that the government ought to be paying attention to the outsized market share of these companies.

You should be very afraid of the government going after them for political revenge.

WAKE UP, AMERICA! Time for all of us to remember these words from Benjamin Franklin:

“Without freedom of thought, there can be no such thing as wisdom – and no such thing as public liberty without freedom of speech”.

Political revenge via government agency is the mark of an authoritarian state.

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Will Nike/Kaepernick Adverts Change The Discussion?

The Daily Escape:

Sunrise, Grand Teton NP – 2018 photo by BrandonUlp

“Believe in something, even if it means sacrificing everything.” That’s the tag line in a new Nike advertising campaign featuring Colin Kaepernick.

Branding is about identity. Successful branding requires authenticity. The spokesperson must represent the brand authentically, and vice-versa. What Kaepernick and Nike have done is create a truly authentic campaign defined by who Kaepernick is, and what he stands for.

For readers who do not follow either Trump or sports, Colin Kaepernick is the football quarterback who refused to stand for the National Anthem. Trump has used the failure of professional athletes to stand to try to destroy their image, and that of the National Football League, unless/until there is zero expression of dissent during the National Anthem.

There couldn’t be a better campaign to elevate Kaepernick’s legacy in America’s consciousness. Sticking to his beliefs has cost him his job in sports. He hasn’t worked as a professional quarterback since 2016. In fact, he has a lawsuit underway accusing the NFL of collusion, since he received no job offers in 2018. That lawsuit will be going forward after the arbitrator appointed by the NFL and NFL Players Association rejected the NFL’s attempt to have Kaepernick’s case dismissed.

Nike and Kaepernick have taken the essence of a particular player, in this case, his dissent, empowerment, and integrity, and created a brand. It serves as a lesson every athlete needs to learn: You should be more than the game. Professional basketball players already know this, and are on social media celebrating their viewpoints all the time.

Despite not having played in the league in two years, Kaepernick is among the most recognizable names and faces in the NFL. His football jersey is among the top 50 sellers.

The Holy Week of McCain showed us that we remain chronically short of heroes.

We want leaders, we’re yearning for inspiration. We don’t consider most celebrities who hawk goods to be our heroes; they seem clearly in it for the money. Then, there’s Colin Kaepernick. A man of color standing up for what he believes, a straight arrow who has not been featured in the tabloids for mistakes of character. He’s a man who’s risked his career, and his salary for an idea.

Could he be the hero we’re looking for? Highly unlikely, but he’s one of the few willing to challenge the system.

We’re living in a time when stepping out of line seems very risky. There’s groupthink everywhere, and everyone’s afraid of negative social media repercussions, especially corporations. While a few giant corporations have stood up to the Orange Overlord, the NFL has zero desire to challenge him. They fear viewer backlash in an already challenged TV ratings environment.

So Nike weighs in. Nike isn’t simply calling the NFL’s bluff. It’s calling Donald Trump’s as well.

Change starts with the actions of a few individuals. Kaepernick is trying to change professional football’s mentality, which argues that the players are interchangeable, that only the coach, and the owners matter. Their pitch is that you’ve got to sacrifice your identity for the team. It’s certainly creating some interesting waves of all aspects of the sport – with sports betting sites like https://sportsbook.fanduel.com/ reacting and adjusting on a near constant basis.

Trump plays on that. He berates the NFL owners, and re-frames the protest by Kaepernick and others against police brutality, saying its about patriotism and support of “the troops”. But, those who refuse to stand for the Anthem will tell you that their message has nothing to do with the flag or the military. Trump’s choosing to make it about the flag and the military, and as usual, many Americans are buying Trump’s pitch.

The story on Kaepernick’s side is of freedom of speech, of fair treatment for African-American men and boys. Which will prevail should be clear, despite the anti-Nike and anti-Kaepernick thoughts on social media today.

We have 62 days until America votes whether to take the House away from the Republicans, or, to leave them in charge. Believe it or not, that fight will be helped by one guy and a company who decided they’d refuse to bend to Trump’s rabble-rousing.

The Trumpists say they’ll refuse to watch the NFL. They’ll say they refuse to buy Nike gear. But, they’re sure to do both in massive numbers.

Nike has made a business move, not a social move. Here is what Nike’s first ad looks like:

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Trump Says Google Is Against Him

(Wrongo is taking off for the rest of the week. So unless SHTF, the next post will be a Wake-Up Call on Tuesday after Labor Day. We all need a break, and late August is usually pretty slow as far as news goes. Try to enjoy the heat wave, or whatever your weather brings.)

The Daily Escape:

Detail from above the doors of Strasbourg Cathedral, Strasbourg, FR – 2008 photo by Wrongo. Strasbourg is one of Wrongo’s favorite European cities.

Remember the dog in the movie “Up” who was constantly distracted, yelling “Squirrel!”, all the time? That’s the media when Trump tweets.

When he was first elected, we had the daily squirrel. Now we’ve achieved hourly squirrel. The WaPo reports that:

Early on Tuesday morning, President Trump accused Google of rigging search results for “Trump News” against “Republican/Conservative & Fair Media,” and wondered, “Illegal?” Then, he promised that the situation would be “addressed.”

This is today’s Conservatism in action: A constant search for new conspiracy theories to advance their agenda of victimhood. Trump was repeating a claim that first appeared in the conservative news site, PJ Media, which published a piece with the headline, “96% of Google Search Results for ‘Trump’ News Are from Liberal Media Outlets.”

Google, naturally, denied Trump’s accusation. According to Google, the rankings are supposed “to promote original journalism, as well as to expose users to diverse perspectives.”

Google News results are ranked on a variety of factors, and the results are personalized to an extent. Many factors contribute to their results, including the “freshness” of content, and the extent to which it contains original reporting, as opposed to commentary on the news.

Wrongo’s experience with Google shows that they constantly down rank sites by changing their algorithms.  Last year, there was a big dust-up when Google changed its algorithms to promote main stream media and demote independent outlets. “Deemed to be leftie” sites like the Wrongologist have taken traffic hits due to Google’s downgrading non-MSM sites in their search rankings.

But, Trump isn’t completely wrong.

Facebook has a partnership with the Atlantic Council to help FB work on deleting what they call “inauthentic content”. The Atlantic Council is a NATO-backed think tank. Its board includes people like Henry Kissinger, Michael Morrell, the former acting CIA Director, and Gen. Michael Hayden. It is funded by the UAE, the Abu Dhabi National Oil Corporation, Chevron, and a long list of other corporations.

If you use Facebook, do you really want this cast of characters controlling what you see, or do not see? Do you trust them with creating your news feed?

But it could mean much more than that. No one is sure what methodology FB is using. And that could have serious First Amendment implications.

There is a lot here to argue about on both the right and the left. We’ve tumbled to the fact that in the US, companies can do much more than the government regarding censorship. Is this a strength or a weakness?

The First Amendment was originally an Anti-federalist addition to the Constitution designed to contain federal power, giving an equal chance to citizens to organize and publicize resistance to an autocratic regime.

It’s more worrisome that Facebook is working with the Atlantic Council to develop rules about what is false news than if the Atlantic Council was working with the US Government to do the same thing. Why? Because every four years, the government is subject to recall by voters.

The big question: Is the Atlantic Council/Facebook agreement a permitted form of private/government censorship? Is it a way to circumvent the First Amendment?

After all, these are private sector organizations. They can take any political perspective they want, just like FoxNews, and its parent, the News Corporation do every day. Since Citizens United, we call that the right of a corporation to Constitutionally-protected free speech.

There’s an ongoing petition at White House.gov to replace Facebook, Google, and Twitter’s “community standards” with First Amendment protections. No worries, nothing will come of that.

One way to look at this is: If you don’t like Google because you think it’s “biased”, then don’t use it. And if Trump and his fellow travelers what a search engine that always places them first, why don’t they simply build one, and see if the “market” makes it a success?

At the end of the day, the important question is how to ensure that the public cannot be forced by both private as well as public interests to find and read information from only a short list of approved providers.

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Saturday Soother – August 4, 2018

The Daily Escape:

Sunrise, Moraine Lake, Alberta Canada – 2018 photo by theoxernius. This is the third picture of Moraine Lake that Wrongo has published, including one of his own. This spot is about a 5-minute climb from the parking lot, so everyone who goes near the place takes a similar photo. The distinctive water color is from the sunlight reflecting off of dissolved particles of finely ground rock called “glacial flour”. It’s one of the most beautiful places in North America.

Will Mueller breach the castle’s walls? Certainly not just by winning the Manafort trial. Trump has supposedly given Jeff Sessions a “couple of weeks” to end the Mueller probe. If not, Trump will move to fire Ron Rosenstein. As Wrongo has said, Trump has everything in place now to fire Rosenstein from a technical aspect: When the previous number three official as Justice, Rachel Brand resigned, the Senate confirmed Brian Benczkowski, a buddy of Jeff Sessions. He can fire Rosenstein. That brings us to now.

Will Trump move on Rosenstein? The negative political fallout could bury Trump. Interesting times.

Then there was this from Jeff Sessions:

Let’s be frank. A dangerous movement undetected by many is challenging and eroding our great tradition of religious freedom….We’ve gotten to the point where courts have held that morality cannot be a basis for law, where ministers are fearful to affirm holy writ from the pulpit, and where one group can actively target religious groups by labeling them hate groups. This President and Department of Justice are determined to protect and advance our heritage of freedom of religion.

Good Morning America subsequently tweeted:

Attorney General Jeff Sessions announces “Religious Liberty Task Force.” Sessions says the task force will “help the Department fully implement our religious liberty guidance,” including “making sure our employees know their duties to accommodate people of faith.”

That led to a tweet storm, of which this was the very best:

Has there been an instance where Christians have been persecuted in this country? Except by other Christians who thought the persecuted ones weren’t the right sort of Christian? We can find plenty of instances where Christians have persecuted others, but neither the Gay Cake decision, nor Hobby Lobby were about religious persecution. How can Christians be persecuted, when roughly three of four Americans self-identify as Christian?

There is a tendency by some Christians to think that Americans need to accept the Christian version of religion. Those Christians ignore the separation of Church and State, despite the fact that the 1st Amendment’s Establishment Clause clearly outlines the concept:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….

Sessions is trying to solve a problem that doesn’t exist. American Christians have the freedom to exercise their religion as they deem appropriate (within reasonable limits, which applies to all faiths). What the GOP and conservative Christians don’t have is the right to use the government to help establish their flavor of conservative Christianity as America’s official religion.

If Church and State become one, religious faith becomes a weapon, to punish or persecute those who believe differently. That’s not our America, unless you want your America to look like a Christian version of Saudi Arabia.

When the power of government puts its thumb on the scales, it surely will create religious tyranny.

Another week of big issues for us to try and thread our way through. It looks like a hot weekend across the country. Good luck to the firefighters in California, it seems that their work never ends. For the rest of us, we can take an hour or so and try to forget about the world’s troubles (and Trump’s) for a while. If you can do that, you will almost certainly be soothed.

Let’s get started by brewing up a large cup of Hawaiian Kona ‘Volcanic Estate’ Coffee ($59.95/ lb.) It comes from the Big Island. There, the volcano Mauna Loa creates excellent growing conditions for coffee trees. Volcanic Estate coffee is grown at between 800 and 2,500 feet. It has a light acidity that is complemented by slight chocolate and fruit undertones.

Now, settle back in your favorite air-conditioned spot, and listen to an exemplary classical guitar performance by John Feeley. He is performing Bach’s Cello Suite no. 1 in D. Obviously, it has been transcribed for guitar:

Feeley performs for nearly 20 minutes without a break, and without a score to follow. Those who read the Wrongologist in email can view the video here.

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Monday Wake Up Call – Impeach Rosenstein Edition

The Daily Escape:

Sauron’s hot tub, Grand Prismatic Spring, Yellowstone NP -2018 photo by calibeerking

Our Monday wake-up calls usually involve a single news item that gives Wrongo the chance to generalize from the specific. This weekend had at least two, and neither concerned NATO, Putin, or Trump.

First up, few probably know the name of US Congressman Daniel M. Donovan (R-NY). He is the guy who represents Staten Island and South Brooklyn. He won over the convicted criminal former GOP Congressman Michael Grimm, among others. He’s the only Republican House member in NYC. Donovan introduced HR 6054, a bill that would make it illegal to wear a mask at a demonstration. This seems to be the best hot take:

The proposed law would enhance penalties for anyone who interferes with another person’s “protected rights” while wearing a disguise. So, the guy replacing convicted felon Michael Grimm offers a piece of nuisance legislation to protect those very fine Nazi people of Charlottesville’s “unite the right” rally. The bill is co-sponsored by Rep. Peter King (R-NY), Rep. Ted Budd (R-NC), and Rep. Paul Gosar (R-AZ).

Unmasking laws are not new at the state level. It’s been illegal to wear a mask in New York, if you are accompanied by at least one other mask-wearer, since 1845. Later, unmasking laws were used to combat the Ku Klux Klan in Alabama, where it’s been illegal to wear a mask (except on certain holidays) since 1949. Georgia also has an anti-masking law targeted at the Klan.

Yet, Wrongo never thought we’d see a time that Congress would attempt to criminalize speech. But here it is: if somehow, this bill became law, some forms of speech will be criminalized.

Watching what’s happening in Congress, we may be underestimating the threat posed to our freedom and liberty. If you think this is just a Monday over-reaction, let’s move on to item # 2. TPM is reporting: (emphasis by Wrongo)

Conservatives in the House are preparing a document to impeach Deputy Attorney General Rod Rosenstein and could file the document as early as Monday, Politico reported Friday afternoon, citing conservative sources on Capitol Hill.

House Freedom Caucus members Rep. Mark Meadows (R-NC) and Rep. Jim Jordan (R-OH), two of Rosenstein’s most vocal critics, are leading the effort. For what its worth, Trey Gowdy said he isn’t in favor of impeaching Rosenstein.

Can’t happen, you say? Well consider this: With the confirmation of Brian Benczkowski to the DoJ as a possible replacement for current Deputy AG, and Mueller boss Rod Rosenstein, Zandar speculates:

…should Rosenstein be fired, Robert Mueller’s boss would almost certainly become Benczkowski, a person with no prosecutorial experience whatsoever, somebody already tainted, if not compromised by Russian money laundering, and somebody who worked for Donald Trump’s campaign directly. And no, he hasn’t said that he would recuse himself should that become the case.

No one knows how far this will go, but it gives Trump the ability to fire Rosenstein, and replace him with his ally, (and Jeff Session’s buddy), the newly-installed Benczkowski.

Now that Trump has his guy in place at the DOJ, some senior House Republicans seem to prefer impeachment of Rosenstein to letting the Mueller probe continue. That should tell you everything that we need to know about how politicized the Republicans have made this inquiry.

Is this just a political gamble by the Freedom Caucus? They seem convinced that the political pendulum won’t swing back—that they’re permanently in power. Otherwise, why would they be trying incredible shit like this?

They are ignoring the obvious response to evidence that our nation has come under assault, and instead, would rather impeach the person responsible for managing the investigation!

Time to knock some sense into the heads of these Republicans, and that will only happen by pushing them out of controlling the House in November. That requires all of us to wake up, and work hard to get out the vote. It requires a commitment to do more than just send texts, or complain on Facebook.

We have to work extremely hard this fall in our local Congressional districts. We have to elect people who won’t think HR 6054 is a super idea.

People who don’t think that impeaching the Deputy AG is just fine, because he’s…what?

To help you wake up, here are the O’Jays, with their 1972 monster hit, “Back Stabbers”:

Sample Lyric:

(They smile in your face)
Smiling faces… smiling faces sometimes tell lies (Back stabbers)
(They smile in your face)
I don’t need low down, dirty bastards (Back stabbers)

Those who read the Wrongologist in email can view the video here.

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Monday Wake Up Call – Cape Cod Edition

The Daily Escape:

Cape Cod morning – 1950 painting by Edward Hopper

(Today, Wrongo and Ms. Right are on our way to Cape Cod for a few days of bonfires, bicycling, surfcasting, and hanging with kids and grandkids. Blogging will be infrequent, but you can expect a Saturday Soother on, well, Saturday.)

This morning, Wrongo feels the need to bore you with a concept from historian Peter Turchin, taken from his book Ages of Discord, which provides some insight into where America is today. Turchin posits that historical eras are either integrative periods when people find reasons to cooperate, and join forces, or disintegrative periods, when reasons to split apart become dominant.

Turchin identifies three key factors that can create the disintegrative periods:

  • Competition and conflict among an expanding population of elites
  • Declining real wage for an expanding population of workers
  • State financial collapse (unpayable debt)

Does any of that sound familiar? Turchin’s theory is that history experiences cycles which, in non-industrialized economies, tend to last between 200-300 years. In America, the cycles from start to finish are much shorter, about 150 years, due to a faster pace of change.

His demonstrates his theory about a positive phase (the integrative phase) and a negative phase (the disintegrative phase) in the first of two American cycles, from 1780 to 1920. The positive phase lasted from about 1780 to about 1840, while the negative phase lasted from about 1840 to about 1920. Turchin contends that the second American cycle began in 1920, and is not yet complete. The positive phase lasted from 1920 to around 1970, and the negative stage has lasted from 1970 to the present.

He contends that the best parts of positive eras typically last only a generation or two, such as 1810 – 1840, and 1940 – 1970 in the US, before elite individuals and groups abandon consensus politics to pursue ever harsher exploitation and competition to enrich themselves.

A cycle begins with an undersupply of labor, such as happened after the American Revolution. This shortage of labor caused a rise in real wages and general economic progress. This positive phase peaked around 1820. It was a time that reflected a sense of national purpose and a desire for unity among Americans in the aftermath of the War of 1812.

But the division between the industrial North and the slaveholding, agrarian South continued, creating rivalry among the elites, along with political polarization, culminating in the Civil War. The negative phase of the cycle continued afterward, with massive strikes, many of them violent, in the late 19th Century. Meanwhile, income inequality peaked during the Gilded Age as elites profited from low worker’s wages and poor working conditions.

In modern America, we are largely governed by religious, geographic (local, state and federal), and economic institutions. And many compete with each other for resources, and the separation of powers among them is becoming hazy. Today, our “economic” government is the corporation.

If you think about it, our current political struggles are between geographic governments and both the religious and economic ones. Republicans, and many Democrats, support the efforts of both to increase their influence over the lives of the people, often through the geographic governments.

And this isn’t simply a minor change in who is doing the governing, they threaten our democracy.

We’re blowing up our institutions, but it’s not in reaction to any looming danger. It’s because we’ve been conned into thinking that September 11 was the same as Pearl Harbor. And the threat of immigrants today is the same as the threat of a Japanese invasion was in 1941. And that modern social policies threaten the religions of some people.

Time to wake up America! We cannot surrender to fear, to corporatism, or to forever war. We have entered a disintegrative phase, but there is time to pull out of it.

If you care.

To help you wake up, here is Pink Floyd with “Ordinary Men” from their classic album, “Dark Side of the Moon”:

 Those who read the Wrongologist in email can view the video here.

 

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Saturday Soother – June 9, 2018

The Daily Escape:

Rakotz Bridge, Kromlauer Park, Germany via @archpics

With the press busy mourning the deaths of Kate Spade and Anthony Bourdain, you probably missed a couple of news stories about press freedom.

First, on Thursday night, the DOJ unsealed an indictment of James Wolfe, the long-time Director of Security for the Senate Intelligence Committee. Wolfe, a former Army intelligence analyst, had worked for the committee in a nonpartisan capacity for nearly 30 years. He is accused of one count of false statements to the FBI. The indictment alleges that he lied about his conversation with four journalists, Ali Watkins of the NYT, and three others.

The NYT revealed that Watkins, who had a three-plus year relationship with Wolfe, has had years of her communications subpoenaed. The DOJ obtained her subscriber information, and additional information from her phone.

The subscriber information that can be obtained by the DOJ is invasive. It includes your name, financial and other contact information, and IP and device addresses that allow them to map out all the communications a person uses.

It gives the government all of a journalist’s sources.

And the DOJ also sought and received Ali Watkins’ her email from when she was an undergraduate at Temple. She graduated in 2014. She broke her first national security story as a senior in college, so perhaps her school emails are relevant to the government’s investigation.

But this breach of the reporter/source privilege needs to explained. The government must delineate the boundary of what is, and isn’t acceptable in terms of vacuuming up a reporter’s source information.

It is important that counterintelligence sources and information be kept secret. James Wolfe’s motives are unclear, since he shared information with other reporters that he wasn’t having an affair with.

As of now, we don’t know if there was actual damage to an investigation.

The second item is the report, originally in April, that the Department of Homeland Security (DHS) intends to list and track  290,000 news outlets, journalists, bloggers, and influencers following select news stories. Their intent is to share those data with federal, state, local and private partners.

Naturally, there was pushback by news organizations, enough for the DHS’s Tyler Houlton to say:

Sure. Only a crank could possibly have an issue with one of the least transparent government agencies, the one with an Orwellian name, tracking and cataloging journalists. This amounts to mass monitoring of the press by the state.

So, two attacks on press freedom by the Trumpets, one by DOJ, and the other by DHS.

Remember, the government now has virtually unlimited processing power, bandwidth, and storage, and with that: Anything that can be monitored will be monitored.

This wasn’t feasible in the past, but now it is. We are at the point when privacy, as we have understood it in America, is over. For most of our country’s first 200 years, the government accepted that reporters would never reveal their sources, and by and large, no prosecutor and no judge would force them to try. It was a sacred protection guaranteed by the First Amendment.

Well, that’s changed. And it isn’t just the hard right bunch currently running the country. They are building on the efforts by Obama’s DOJ to seize journalists’ emails using the Espionage Act, to increase surveillance pressure on journalists and prosecute leakers of classified secrets.

It will take another court case similar to the Pentagon Papers to stem this undermining of press freedom. Good luck with that, given the current and likely future makeup of the Supreme Court.

Trump must respect and obey the First Amendment, in its entirety. The First Amendment is the core of our free society. Most whistle blowers are heroes.

This is how freedom is lost a little at a time, until one day we’ll wake up and find out that we’re no longer free. Technology has made Big Brother possible, but it is Congress that has made it legal.

Only pushback from freedom loving citizens will prevent it.

Wow! We really need a Saturday soothing. So, get off the couch, and brew up a cup of Kiniyota Espresso by Madison, Wisconsin’s JBC Coffee Roasters. It is produced entirely of the heirloom Bourbon variety of Arabica. Then, taste its rich notes of stone fruit and dark chocolate ($17.60/12oz). Now, sit outside, hopefully in a shady spot, and listen to the Viola Concerto in G major by Georg Philipp Telemann. It was probably composed in 1715. It was the first concerto for Viola. Here, it is played by Midwest Young Artists Conservatory:

Someone said that the viola is like the cream in an Oreo cookie; sweet and creamy, while holding the top and the bottom together.

Those who read the Wrongologist in email can view the video here.

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Saturday Soother – March 17, 2018

The Daily Escape:

Mt Kilimanjaro – March 2018 photo by Peter Madonia

The #enough movement is about school kids protesting school violence. America watched this week as thousands of high school kids left their classrooms. Some wanted their government to do more to end gun violence, some simply wanted to show solidarity with 17 dead Florida kids.

These children may not be able to vote yet, but they’re learning how to make themselves heard. Let’s hope they grow up and vote, because we are living in a country where many, including most Republicans in Congress, think that universal health care is tyranny, but dead school children are part of the cost of freedom.

They think that access to medical treatment is a privilege you earn based on what’s in your wallet. Meanwhile, they defend the right of virtually anyone over 18 to own an AR-15.

And in New Milford, here in Litchfield County CT, there was a big dust-up over the town’s walk out. A group of parents hired an attorney to tell the school district that they were not happy that the kids got to participate in the national student walkout. Their lawyer wrote to the school district, saying:

My clients have asked me to notify you that this event violates state law, on the basis that state and local public funds are being used improperly to advocate for a political issue and to influence how voters will vote. Because it violates state law, we demand that the New Milford Public School District’s Superintendent and Board of Education immediately cancel the event, and rescind any association or prior involvement in it.

Since the event is over, it’s doubtful that it can be canceled. They also emailed Breitbart: (editing and brackets by Wrongo)

…the parents – who wish to remain anonymous – argue [that] the decision involves issues concerning adherence to law and policy, the manipulation of minors, the misuse of tax dollars, and indoctrination and political activism during school hours.

These parents think their kids are being manipulated. They surely must realize how difficult it is to manipulate one teenager, much less to simultaneously manipulate hundreds of thousands of them all across America.

George Soros just isn’t that powerful.

The #enough movement is somewhat reminiscent of the Vietnam-era marches, which included high school and college kids spontaneously standing in public places protesting something that was a legitimate threat to their physical safety. The primary concern of students back then was being killed.

It is also the primary concern of these kids today.

Back in New Milford, solidly Trump country, a few anonymous parents obviously want to micromanage their kids’ experiences and to politicize them. Here is a Facebook page quote by a student at NM High School:

Any student who wanted to go to the gym did, and those who chose not to participate were not forced to. A few students gave speeches, one of which contained a list of the names of the victims of the Parkland shooting. With each name a bell was rung and a moment of silence was given. A memorial for the innocent lives that were lost. The other speeches focused on being positive and spreading kindness; one given from a student who used to live in Parkland and who was very personally affected by this tragedy. Students and teachers alike listened and felt for the losses. It was a powerful and beautiful movement for all who watched. There was NO mention of guns in any way.

These kids didn’t leave the building! But, despite knowing this, these anonymous parents hired a lawyer to intimidate the school district, and politicize the intentions of high school kids. The parents then involved Breitbart, a right wing rag. They wanted to highjack the message of these kids, turning it into yet another right wing, Second Amendment moment.

As Paul Simon said: “A man hears what he wants to hear, and disregards the rest”.

This really makes Wrongo feel like we all need a soothing experience. To help with that, Wrongo suggests brewing a cup of Al-Durrar Single Farmer Lot coffee from Yemen, ($45/4 oz.) imported and roasted by Port of Mokha coffee. Wrongo heard about this on the PBS News Hour. It is a very interesting story.

Now, take your cup, and settle into your most comfortable chair to listen to “Sicilian Blue” by Hiromi Uehara, a Japanese jazz composer and pianist. Her work is a perfect blend of emotion and control. Here, she is performing live at the Jazz in Marciac (France) Festival in August, 2010:

https://www.youtube.com/watch?v=G7xAbT4jzD8

Those who read the Wrongologist in email can view the video here.

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What Is Free Speech In the Domain of Social Media?

The Daily Escape:

Sunrise with full moon over mountains at Morillion, France – 2018 photo by osg28

Can we justify taking away a person’s First Amendment right of free speech because of its content? Suppose it is hate speech? In the US, we hear people say: “I hate what you say, but I’ll defend your right to say it“. Is that an inviolable default position?

Wrongo has been following this issue as it plays out in Europe. From the Columbia Journalism Review:

A toxic combination of misinformation, hate speech, and online harassment is pushing several European countries to take action against social networks like Facebook, Twitter, and YouTube. But some believe their actions—however well-intentioned—run the risk of stifling free speech and putting dangerous restrictions on freedom of the press.

France, Germany, and the UK are all either discussing, or are already in the process of implementing requirements for social networks to take measures to remove, or block online hate speech, and/or harassment.

Germany in particular is a laboratory for these issues. The Guardian reports that social media firms must remove hate speech, or face fines under a law that went into force on January 1st. The law is known as NetzDG. Under the law, online platforms face fines of up to $60 million if they do not remove “obviously illegal” hate speech and other postings within 24 hours of receiving a notification. A New Year’s Eve tweet by a far-right politician was the first post to be taken down. From the Economist: (emphasis by Wrongo)

‘WHAT the hell is wrong with this country?’ fumed Beatrix von Storch to her 30,000 Twitter followers on December 31st: ‘Why is the official police page in NRW [North Rhine-Westphalia] tweeting in Arabic?’ The MP for the hard-right Alternative for Germany (AfD) party detected in the force’s multilingual new-year greeting a bid ‘to appease the barbaric, Muslim, rapist hordes of men’. The next day her tweet—and, for 12 hours, her entire account, vanished from Twitter.

In Germany, freedom of speech is considered an “inalienable human right”, and is protected under Article 5 (1) of the German constitution:

Everyone has the right freely to express and to disseminate his opinion by speech, writing and pictures and freely to inform himself from generally accessible sources. Freedom of the press and freedom of reporting by radio and motion pictures are guaranteed. There shall be no censorship.

From the Economist:

Germany’s memories of the Gestapo and the Stasi undergird its commitment to free speech. “There shall be no censorship,” decrees the constitution. Even marches by Pegida, an Islamophobic and anti-immigrant movement founded in 2014, receive police protection. But the country of Kristallnacht and the Holocaust also takes a punitive attitude to what it deems “hate speech”. Inciting hatred can carry a prison sentence of up to five years…Irmela Mensah-Schramm, a Berlin pensioner who spray-paints over swastikas and other racist graffiti, is a national hero.

The debate in Germany is whether the NetzDG law should be repealed or modified. How practical is it in an age when a tweet, Facebook post, or YouTube video can spread around the world in minutes?

But the largest question is how can countries balance the people’s legitimate right to free speech with others’ desire to be protected against harmful material? In another German case, Israeli flags were burned in Berlin in response to Trump’s recognition of Jerusalem as the country’s capital. Even with accompanying chants of “Israel, murderer of children”, local police said the act was covered by freedom of speech legislation, and was thus protected.

But should a Muslim immigrant anti-Semite in Germany be allowed to use hate speech that a native German cannot?

Facebook and Twitter have added German-fluent moderators and a few features for flagging controversial content. They have trained their moderators to cope with the NetzDG Act.

Another question is why should the giant social media firms have to regulate free speech? Is it acceptable that private US companies act as a brake on freedom of opinion and the press in Germany?

And how do we “equalize” enforcement of the Free Speech laws in the physical and cyber domains? And where does free expression cross the line between a viewpoint and hatred and incitement to violence?

Should we be ceding control of Free Speech to poorly-paid (and possibly poorly-educated) Facebook and Twitter moderators?

Finally, how will private firms create a tool that grades how hateful a Twitter post is? Who decides that something is beyond say, a seven on the scale, has crossed into hate territory, and must be deleted?

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Monday Wake Up Call – November 6, 2017

The Daily Escape:

Balloon Festival, Armenia. In the background is Mt Ararat – photo by Karen Minasyan

As bad as you think it is in Trumpland, it’s actually worse.

It’s likely that you missed the letter that 84 members of Congress sent to Attorney General Jeff Sessions last Monday. The letter suggests to Sessions that those engaged in activism disrupting or damaging pipeline operations should face criminal prosecution as an act of terrorism under the Patriot Act.

The letter’s broad definition of terrorism, if adopted, would allow prosecutors to treat people who chain themselves to pipelines or construction equipment involved in pipeline projects as terrorists. This would treat climate activists in a harsher way than Charleston killer Dylann Roof, or the congressional baseball shooter James Hodgkinson were treated under existing laws.

Interestingly, Rep. Steve Scalise (R-LA), a victim of Hodgkinson’s attack, co-signed the pipeline terrorism letter.

While the letter cites a series of pipeline-cutting operations by radical environmentalists that occurred last October as its principal motivation, its language would include even the nonviolent resistance tactics employed by the Standing Rock Sioux to halt the Dakota Access Pipeline.

The 80 Republicans who co-signed the letter are from states with significant oil and gas industry activity. Four Texas Democrats also signed the letter.

Two days after the Congressional letter to AG Sessions was published, the Energy Equipment and Infrastructure Alliance’s (EEIA) announced the creation of an “Energy Infrastructure Incident Reporting Center.” The initiative also is a reaction to pipeline protests. Their database initiative says its purpose is tracking:

Incidents of eco-terrorism, sabotage, arson, vandalism, and violence are on the rise as severe actions have become a regular feature of pipeline protests, endangering public safety, the environment, jobs, and leaving taxpayers on the hook for millions of dollars…

Annie Leonard, executive director for Greenpeace USA, denounced the database. Leonard told the AP:

Corporations and their governmental enablers are desperate to silence dissent every way they can… [the database is] more fear-mongering by corporate bullies hoping to see what they can get away with in Trump’s America.

Peaceful protest = terrorism.

Attacking peaceful protesters with rubber bullets and water cannons = law enforcement.

Sentencing peaceful protesters as terrorists = the end of the First Amendment

Should our elected and non-elected co-conspirators be able to say peaceful civil protests against pipelines are an act of terrorism under the Patriot Act?

Time to wake up America! We need to fight to keep our Constitution or face the Orwellian future that Jeff Sessions and Trumplandia want so badly for all of us. To help you wake up, here is Neil Young and Crazy Horse with “Rockin in the Free World” from his 1989 album “Freedom”:

Takeaway Lyric:

There’s colors on the street
Red, white and blue
People shufflin’ their feet
People sleepin’ in their shoes
But there’s a warnin’ sign
on the road ahead
There’s a lot of people sayin’
we’d be better off dead
Don’t feel like Satan,
but I am to them
So I try to forget it,
any way I can.

Those who read the Wrongologist in email can view the video here.

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