Tag: First Amendment Issues

For My Friends, Anything. For My Enemies, the Law

The Daily Escape:

“Life in 2022” – 1962 painting by Walter Molino. A foretelling of COVID?

Attorney General Bill Barr thinks that there has been too much expression of First Amendment rights:

“Attorney General William P. Barr told federal prosecutors in a call last week that they should consider charging rioters and others who had committed violent crimes at protests in recent months with sedition, according to two people familiar with the call.”

Break a window and go to jail for sedition, for conspiracy to overthrow the government through violence? Barr also went after the mayors:

“The attorney general has also asked prosecutors in the Justice Department’s civil rights division to explore whether they could bring criminal charges against Mayor Jenny Durkan of Seattle for allowing some residents to establish a police-free protest zone near the city’s downtown…”

It used to be a Republican article of faith that “The government closest to the people serves the people best.” No longer. America is filled with king Trump’s enemies. They’re everywhere! By suggesting possible prosecution of a Democrat, Ms. Durkan, Barr is taking aim at an elected official whom Trump has attacked repeatedly.

Barr then jumped into the deep end of the pool on Wednesday. Addressing a Constitution Day meeting hosted by the conservative Hillsdale College, Barr suggested:

“…that the calls for a nationwide lockdown to prevent the spread of the coronavirus were the ‘greatest intrusion on civil liberties’ in history ‘other than slavery.’”

Would Barr also have been against food and gas rationing, and other measures necessary to help win WWII?

Health and safety regulations have always been around. And they are well established in American law, see Jacobsen v. Massachusetts, which said in a case about mandatory vaccinations, that individual liberty isn’t absolute, and is subject to the police power of the state.

Barr went on to say that the Supreme Court had determined that the executive branch had “virtually unchecked discretion” in deciding whether to prosecute cases:

 “The power to execute and enforce the law is an executive function altogether….That means discretion is invested in the executive to determine when to exercise the prosecutorial power.”

He was telling his federal prosecutors to start prosecuting protests as something akin to treason. And he can do all of the above, as long as he’s Trump’s AG.

The AG is a politician who is supposed to be apolitical in enforcement of the law. But not Bill Barr. He told a Chicago Tribune columnist that the nation could find itself “irrevocably committed to the socialist path” if Trump lost.

Back to the sedition thingy. The federal sedition law is rarely invoked, but the wording has wiggle room. It says that sedition can occur anytime two or more people conspire to use force to oppose federal authority, hinder the government’s ability to enforce any federal law or, unlawfully seize any federal property.

That could include a plot to break into and set fire to a federal courthouse.

The WSJ quotes Jenny Carroll, a University of Alabama law professor, who says that turning to statutes like sedition would mark an escalation in the government’s effort to quell the violence:

“There are all these different statutes the government can use if they are worried about things like property damage….If you start charging those people, even if you don’t get a conviction, it may make people think twice before going out to exercise their right to free speech.”

Do yourself a favor, and don’t read the WSJ comments. There’s a fine line between the expression of antigovernment sentiment, which is protected speech under the First Amendment (even if it included discussions of violence), and a plot that presented an imminent danger sufficient to justify a charge of sedition.

No one can justify property damage, looting or killings, but more than 93% of the protests in the US this summer were peaceful, according to a report by the Armed Conflict Location and Event Data Project, which monitors political upheaval worldwide. They looked at 7,750 protests from May 26 through Aug. 22 in 2,400 locations across all 50 states and the District of Columbia.

But if Barr gets to define “force” his way, everyone will get to go to jail.

For Bill Barr, the crime is to oppose the regime. Those who enable Trump, by definition, can’t be criminals, and so do not deserve punishment. If they are prosecuted like General Flynn, Paul Manafort, or Roger Stone, they should be pardoned, or their prosecutions withdrawn. Accordingly, those who oppose the regime are the real enemy. They deserve prompt and merciless retribution.

Barr could have delivered his new testament in Minsk or Manila, not at an American college.

These people must go.

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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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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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Sean Spicer Searches Staff

The Daily Escape:

(Baby Baboon – Kenya)

Trump press secretary Sean Spicer is trying to catch the sources of White House leaks. (Link below sourced by the Wrongologist)

Spicer called his White House staff into his office last week to reiterate his frustration with the continuing leaks of WH information, sources with knowledge of the matter said. He informed them that the use of encrypted texting apps, like Signal and Confide, is a violation of the Federal Records Act.

NOW they care about the law? Using a Republican National Committee email server for official business is illegal, but that hasn’t stopped the White House from using it. Does Spicer have any concerns about the unsecured Android smartphone his boss tweets from every day? More:

Then, with White House counsel Don McGahn standing by, Spicer asked his staff to provide him with their cell phones so he could ensure they were not using those apps or corresponding privately with reporters.

Spicer then specifically asked his staff not to leak information about the meeting or his efforts to crack down on leaks to the media.

But someone in the room leaked all of it. They leaked that the leaky White House is trying to stop the leaks, (except for WikiLeaks) which, of course they love. Maybe someone should take a look at The Donald, who is currently taking a leak on the First Amendment.

Perhaps the gang who can’t shoot straight should have realized that people could delete incriminating information, or communicate with reporters in some way that might not be on their phones at all. Wrongo reveres the TV series “The Wire”. Apparently, Mr. Spicer has never watched it, and hasn’t heard of “burner” phones.

And it’s got to be difficult trying to maintain your loyalty to a team when the boss distrusts the team members. Unless there is a national security issue, there can’t be a reason to allow a government official to “inspect” your private mobile phone.

Many fun nicknames have been suggested for Sean Spicer (Cranky Spice, Whiny Spice). Wrongo’s current favorite is “Searchy Spice”, although his nickname in college was “Sean Sphincter” suggesting that he is in the right job: Hanging out with one of the world’s biggest assholes.

Thank you to the brave Americans inside the belly of the beast who put their country first. LEAK ON!

Next week in Spicer’s office: colonoscopies.

Here is a video about office investigations from the ever-popular TV series, “Office” (BBC version):

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

And enjoy (not) watching the Overlord’s address to the joint session of Congress tonight.

After all, you can read both fake news and alternative facts about it everywhere tomorrow.

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