Free Speech Battles | California DEI Totalitarianism

Just as an aside, Leftists and Democrats are the ones pushing “institutional racism,” as the below notes. Also note, I use “totalitarianism” in the sense of “total thought.” Which is a forced “homogenization” of thought… or, state instituted/forced “total thought.”

UPDATED VIDEO

This is an interview by Lex Fridman of Greg Lukianoff of F.I.R.E. (Foundation for Individual Rights and Expression). The entire interview, “Greg Lukianoff: Cancel Culture, Deplatforming, Censorship & Free Speech | Lex Fridman Podcast #397,” can be seen HERE (I grab from around the 1:10:50 mark). There are a few universities/colleges involved in legal action in California, but The Renegade Institute for Liberty at Bakersfield College is one this is made for.

DEI stands for “diversity, equity, and inclusion” — all of which sounds fine, right? But materials put out by the state of California show that in this case, DEI translates to highly contested and controversial views. The state’s definitions say that the idea of “color blindness” “perpetuates… racial inequities,” and even the idea of “merit,” is “embedded in the ideology of Whiteness” and “upholds race-based structural inequality.” FIRE has filed a lawsuit on behalf of six California community college professors to halt new, systemwide regulations forcing professors to espouse and teach these politicized conceptions of “diversity, equity, and inclusion.” The regulations are now in effect in the State Center Community College District, and FIRE’s clients have already been forced to change their syllabi and teaching materials, lest they face repercussions. (More info on the lawsuit @FIRE)

Here is an article from THE SAN FRANCISCO CHRONICLE that is worth reading in it’s entirety. It is titled: “First Amendment lawsuits challenge state’s DEI rules for community colleges” If you encounter a paywall, grab the URL from the link and put it into this “hopper: REMOVE PAYWALL.

California’s new community college rules sound simple enough: As of this year, all instructors must teach in a way that is culturally inclusive and must prove during employee evaluations that they respect and acknowledge students and colleagues of diverse backgrounds.

But what if an instructor holds so-called color-blind [more on this idea after article excerpt] views and prefers to ignore people’s race, ethnicity, gender or other physical and cultural characteristics as a personal philosophy? Or if an instructor disagrees entirely with the “anti-racism” and “diversity, equity, inclusion and accessibility lens” that state’s college officials now require?

Seven instructors from four community colleges in the Central Valley are now testing that cultural collision on constitutional grounds, saying their views could get them fired under the new rules. With the backing of national advocacy groups, the instructors are suing state and local college officials in federal court to have the regulations tossed.

The suits echo another federal lawsuit, filed in May against the University of California, in which a psychology professor hoping to work at UC Santa Cruz ran up against a UC requirement that applicants submit a statement supporting “diversity, equity and inclusion.” The applicant likened it to a “modern-day loyalty oath” of the kind discredited in the 1950s, when those who wouldn’t sign might be labeled communist subversives.

[….]

Another group, the Institute for Free Speech, filed a similar lawsuit on July 6 on behalf of Daymon Johnson, a history instructor at Bakersfield College in Kern County.

“Almost everything Professor Johnson teaches violates the new DEIA (Diversity, Equity, Inclusion and Accessibility) requirements — not just by failing to advance the DEIA and anti-racist ideologies, but also by criticizing them,” the suit says, noting that compliance with the new rules would violate the instructor’s conscience and force him to surrender his academic freedom.

SEE MORE AT THE INSTITUTE FOR FREE SPEECH’S BLOG:

RPT is asking people to donate HERE.

In his U.S. History class this fall, for example, Johnson plans to have students read two books claiming to debunk the historian Howard Zinn’s work, which reveals less flattering versions of the American story, and the well-known 1619 Project, which digs deeply into the foundations of slavery.

His lawsuit contains a long list of things that the instructor “does not wish” to do. These include referring to transgender students by their preferred pronouns, acknowledging that social identities are diverse, and demonstrating “DEI and anti-racism practices” because he “rejects and even finds (them) abhorrent.”

Johnson is also a leader of the Renegade Institute for Liberty, a Bakersfield College group that opposes “political and ideological tyranny.” Its acronym is RIFL.

The suit claims that Johnson is already in the crosshairs of the college administration for his views and quotes a Kern college district trustee saying, in reference to employees holding anti-DEIA views: “They’re in that 5% that we have to continue to cull. Got them in my livestock operation and that’s why we put a rope on some of them and take them to the slaughterhouse.”

The Kern trustees did not immediately respond to a request for comment. 

The suit says that Bakersfield College already fired another instructor, who was Johnson’s predecessor at RIFL, and calls him “the first cullee.”

According to the suit, the person who oversaw the firing was the Kern district’s former chancellor, Sonya Christian, who has just become the chancellor of the California community colleges. With 116 schools and more than 2 million students enrolling each year, it’s the nation’s largest higher education system.  

On Friday afternoon, state Attorney General Rob Bonta’s office filed a response to Johnson’s suit on behalf of Christian, arguing that the instructor has not only failed to show that he’s been harmed by the rules, but because of that, he also lacks standing to complain about them. 

The response defends the diversity regulations and says the rules “do not restrict the free speech of any employee,” nor do they infringe on anyone’s academic freedom, “including Johnson’s.”

The system’s Board of Governors has the right to establish policies that “reflect its ideals and principles regarding diversity, equity, inclusion, and accessibility,” the state argues. 

A spokesperson for Christian said the college system has not yet responded in court to the more recent lawsuit and would not comment on it.  

The new regulations require all 73 college districts to develop policies for evaluating employee performance and tenure eligibility in light of their “DEIA competencies.”

The rules follow a series of other DEIA guidance and messages from the chancellor’s office in recent years, and say that to ensure academic success, “diversity, equity, inclusion, and accessibility (DEIA) and anti-racism remain at the heart of our work.”

The college system also posts a glossary of DEIA terms, which defines color blindness as a “racial ideology” that ignores “a large part of one’s identity and lived experience” and therefore “perpetuates existing racial inequities.”….

COLOR BLIND

Dennis Prager discusses a call about a gentleman disagreeing with his statement that he doesn’t see color, and others shouldn’t as well. After the discussion of the previous call, I include the call as well as the lead up to it.

MORE!

  • LINK to a Facebook video: Dennis Reacts: “I See No Color” Is Racist?” (FACEBOOK)

The Issue Is Values, Not Systemic Racism

Do you let your race, gender, or orientation define you? If you are on the left, everything is perceived through the lens of identity politics. Systemic racism is not the real issue plaguing America—it is our opposing values system. Dennis Prager offers some refreshing insight into how to heal our broken nation.

Should We Be Colorblind?

Nothing reveals the moral confusion of our time more than those who label the term “colorblind” racist. Who would want to see themselves in terms of their skin color? And what does a person’s skin color really say about who they are — their likes, dislikes, values, and so on?

Prager Notes The Left’s Proclivity Towards Racism

A girl is legally kidnapped in Santa Clarita by state authorities. The Left’s dogged emphasis on race, class, gender is destroying families, keeping them in poverty, and utterly failing our country’s motto, “out of many, one.” The Left has dumped out the melting pot and keeps us as divided as ever. This story is maddening!

Here is the what the main battle is over: “A battle over custody of a little girl who is 1/64th Choctaw has been in and out of the courts for three years now, and returns on Friday with a new appeal hearing” (ABC-7).

  • “Is it one drop of blood that triggers all these extraordinary rights?” — Justice Roberts

Keep in mind the racial science of NAZI Germany were concerned with a 1/16th racial mix… here we see the racial sciences of the Choctaw Nation and the State of California concerned over a 1/64th portion of heritage. Sick! Racist! Leftism!

  • In 1911, Arkansas passed Act 320 (House Bill 79), also known as the “one-drop rule.” This law had two goals: it made interracial “cohabitation” a felony, and it defined as “Negro” anyone “who has…any negro blood whatever,” thus relegating to second-class citizenship anyone accused of having any African ancestry. Although the law had features unique to Arkansas, it largely reflected nationwide trends. (source)


ONE DROP RULE


More from the LOS ANGELES DAILY NEWS Opinion Page:

Five hundred years ago, the Incas sacrificed children.

They removed children as young as six from their families, transported them with great ceremony to a mountain location, and left them to die of exposure.

Did they have the moral right to do it?

Some people think so. “To their credit,” wrote Kim MacQuarrie, an Emmy-winning documentary filmmaker, anthropologist and author, “the Incas did their best to ensure the survival of their people and empire by paying close attention to nature and doing their best to use every means at their disposal, including human sacrifice, to gain control over it.”

There’s something seriously wrong with any kind of reasoning that places human sacrifice in the category of “doing their best.”

SEE MY: “Mayan, Incan and Aztec “Terrorism

And there is something seriously wrong with what happened in Santa Clarita this week to a 6-year-old girl named Lexi and the foster family that has cared for her since she was 2.

Rusty and Summer Page tried for years to adopt Lexi but were blocked from doing so. The reason? The little girl has a tiny bit of Choctaw ancestry — just 1.5 percent — and under federal law the Choctaw Nation can decide her fate. The tribal authorities decided that Lexi will live in Utah with distant relatives. They issued this statement:

“The Choctaw Nation desires the best for this Choctaw child. The tribe’s values of faith, family and culture are what makes our tribal identity so important to us. Therefore we will continue to work to maintain these values and work toward the long-term best interest of this child.”

This is not human sacrifice, but it is closely related. It is collectivism, the opposite of individual rights.

Collectivism holds that an individual’s life belongs not to the individual, but to the group in which the individual is a member. Where other children would have the right to have a parent or guardian make decisions for them, Lexi’s future has been decided by group leaders seeking to preserve “tribal identity.”

On Monday, in a most disturbing scene, the 6-year-old was pulled weeping and frightened from the arms of her foster father on the driveway of the only stable home she has ever known.

Lexi is not the only child to be victimized by the enforcement of a federal law that, ironically, was intended to prevent children from being removed from their families.

In Arizona, a foster family’s adoption of a baby girl, who was placed with them at birth, is being blocked by the Gila River Indian Community, and the Navajo Nation is standing in the way of foster parents seeking to adopt a 5-year-old boy who has lived with them for four years.

The Goldwater Institute, a conservative think tank based in Phoenix, has filed a lawsuit on behalf of these children and “others similarly situated” over this “separate and unequal treatment.”

The lawsuit argues that children of Native American ancestry are being unfairly denied their civil rights: “Alone among American children, their adoption and foster care placements are determined not in accord with their best interests but by their ethnicity, as a result of a well-intentioned but profoundly flawed and unconstitutional federal law, the Indian Child Welfare Act.”

The Indian Child Welfare Act was passed in 1978 in reaction to another government program, the Indian Adoption Project, which began in 1958 and continued until 1967.

The Indian Adoption Project was the result of an agreement between the Bureau of Indian Affairs and the Child Welfare League of America. It encouraged the removal of Indian children from their families on reservations so they could be adopted and “assimilate” into “mainstream society.” By the 1970s, between 25 and 35 percent of all Indian children nationwide had been removed from their homes, and 90 percent had been adopted by white families.

Outrage over the Indian Adoption Project led to the Indian Child Welfare Act. It requires social workers to make an extra effort to avoid removing Indian children from troubled homes, a greater effort than they would make for non-Indian children. When foster care or adoption becomes necessary, the law requires an active effort to place the child with an Indian family.

The Goldwater Institute says these requirements are discriminatory and harmful, making it harder to protect Indian children from abuse and neglect, and forcing longer waits for permanent homes.

The foster care system has many challenges and many heartbreaking stories. We don’t need laws that cause more pain. The Indian Child Welfare Act should go. Give the kids a break.

Susan Shelley is a San Fernando Valley author, a former television associate producer and twice a Republican candidate for the California Assembly.

The parents of a six-year-old girl taken from her family due to her Native American heritage speak out in a statement after officials from the Los Angeles County Department of Child and Family Services took their daughter, Lexi, away. Read more at SCV-NEWS.

George Will gets it right over at WA-PO:

Opinion | The Brutal Racial Politics Of The Indian Child Welfare Act

Lexi lived four of her first six years with a non-Native American California foster family, but because she is 1/64th Choctaw, tribal officials got her taken from the Californians and sent to live in Utah with a distant relative. On Friday, the Supreme Court will consider whether to hear a challenge to the law that made this possible — the Indian Child Welfare Act, which endangers many young Native Americans. It also is a repudiation of the nation’s premise that rights are inherent in individuals, not groups.

In 1978, before “Native Americans” became the preferred designation for Indians, but when racial “identity” was beginning to become the toxic political concept it now is, Congress enhanced tribal rights. This violated, among other principles, those of federalism: Congress thereby reduced the right of states to enforce laws on child welfare. And it plunged government deeper into making distinctions solely on the basis of biological descent.

The ICWA, an early bow toward multiculturalism, buttressed tribal identities by strengthening tribal rights. For example, tribes can partially nullify states’ powers to intervene against tribal parents’ abuse endangering children. And the ICWA conferred rights on tribes, rights adjudicated in tribal courts, including the right to require Native American children be adopted by Native Americans.

Equal protection of the laws? Not under ICWA.

Chief Justice John G. Roberts Jr. has asked, “Is it one drop of blood that triggers all these extraordinary rights?” Indeed, the primitive concept of racial “blood,” recast as DNA, triggers tribal rights and extinguishes a state’s right to protect many children’s rights. Sometimes with dire consequences.

In 2015, this column acquainted readers with Declan Stewart and Laurynn Whiteshield. Declan was 5 in 2007 when he was beaten to death by his mother’s live-in boyfriend. Oklahoma had removed him from his mother’s custody after he suffered a fractured skull and severe bruising between his testicles and rectum. But when the Cherokee Nation objected to his removal, Oklahoma, knowing that the ICWA favors tribal rights, relented. Beaten again, he died a month after returning to his mother.

From the age of 9 months until almost 3, Laurynn was in a North Dakota minister’s foster care. When the minister tried to adopt her, the Spirit Lake Sioux tribe invoked the ICWA, and Laurynn was sent to a reservation and the custody of her grandfather. Less than six weeks later she was dead, having been thrown down an embankment by the grandfather’s wife, who had a record of child abuse.

The ICWA requires that “Indian children” be placed with “Indian” foster families. Because the ICWA allows a child to be yanked from a non-Indian foster home — and from possible adoption — it discourages non-Native American adults from providing care, including early infant attachment, which is a foundation of healthy child development.

Born with fetal alcohol syndrome, Antonio Renova was 3 days old when he was taken from his biological parents, members of the Crow tribe, and put in foster care. Five years later, the biological parents, both on probation following felony convictions (the mother’s included child endangerment), obtained custody of Antonio through a Crow tribal court. He suffered beatings by his parents, who have been charged in his death.

Antonio was a casualty of the ICWA’s form of identity politics — the allocation of legal status and group entitlements based on biology. The ICWA has insinuated into law a “separate but equal” test regarding Native American children in jeopardy. It demotes “the best interests of the child” from the top priority; it makes a child’s relationship with a tribe supremely important.

The nation has abundant reasons to regret its mistreatment of Native Americans, and the ICWA was perhaps motivated by an impulse to show respect for Indigenous cultures. But the cost, in broken bodies and broken constitutional principles, has been exorbitant.

Today, the nation is reverting — in the name of “social justice” and “equity” understood as improved social outcomes for government-favored groups — to a retrograde emphasis on racial identities. So, the ICWA’s sacrifice of individual rights to group entitlements probably has a diminished power to shock. Come Friday, however, the Supreme Court should be shocked into hearing the arguments against the federal government usurpation, through the ICWA, of the states’ responsibility for protecting children in jeopardy, regardless of their biological ancestry.

The Hong Konger: Jimmy Lai’s Extraordinary Struggle for Freedom

(Hat-tip to THE RENEGADE INSTITUTE FOR LIBERTY) When Hong Kong’s basic freedoms come under attack, newspaper publisher and pro-democracy activist Jimmy Lai finds himself in the crosshairs of the state and must choose between defending Hong Kong’s long-standing liberties, or his own freedom.

  • A copy of The Road To Serfdom was given to Mr. Lai. He — tearfully — said in this film, “it changed my life”

Jimmy Lai personifies Hong Kong’s entrepreneurial spirit. This spirit, coupled with an embrace of freedom, unleashed economic prosperity for Hong Kongers and made Jimmy a billionaire. Jimmy’s native China underwent a similar prosperity by undertaking an experiment with personal and economic freedoms, lifting an astounding 800 million Chinese out of poverty. Today, it’s a different story—and the stakes couldn’t be higher for Jimmy Lai, the citizens of Hong Kong, and the people of China.

Jimmy fled Maoist revolutionaries as a 12 year old and began a new life as a simple textile laborer in Hong Kong. Within 30 years he started a fashion house and built Giordano into an enormously successful clothing retail business with thousands of stores worldwide. In reaction to China’s 1989 Tiananmen Square massacre, Jimmy launched Next Media and published Hong Kong’s most successful newspaper, Apple Daily. As guardian of freedom of speech and the press, Apple Daily provided an independent voice for Hong Kong following its 1997 transition from British rule to Chinese control.

Reassured by Beijing’s “one nation, two systems” approach, much of Hong Kong’s prosperity and freedom continued—until a palpable shift occurred under the leadership of Chinese president Xi Jinping. As China retreated from its “one nation, two systems” policy and began installing pro-Beijing leaders in Hong Kong, Jimmy became a leading voice against repressive policies. Jimmy could have fled but he chose to stay, marching alongside millions of his fellow Hong Kongers in defense of freedom and democracy. He was soon arrested and jailed. International banks froze his assets. Apple Daily was raided and key executives arrested. In June 2021, Apple Daily printed its final edition and shut its doors.

Today Jimmy perseveres in a Hong Kong prison cell awaiting trial. Featuring Lord Christopher Patten, Rev. Robert Sirico, Mary Kissel, Victoria Hui, Joey Siu, William McGurn, Lord David Alton and others, The Hong Konger chronicles Jimmy’s story of heroic sacrifice and symbol of the freedom movement. From his own testimony as well as through exclusive interviews with diplomats, citizen activists, scholars, and friends from across the globe, one thing becomes clear: Jimmy’s fate is in our hands. His cause must not die in a prison cell—for freedom is not merely his cause, but the cause of all Hong Kongers, the Chinese people, and indeed all humanity.

Australia Has Fallen, Fight Back Damnit!

(Above video description) Scott Morrison’s Calls For FREEDOM at 2021 U.N. General Assembly. Scott Morrison is an Australian politician who is the 30th and current prime minister of Australia The original file comes from DEADACTIVIST, but forces you to watch it on YouTube which is why I uploaded it to my RUMBLE — not to mention it may be nixed at some point due to YT’s aversion to truth and real evil.

RPT’S RUMBLE:

ORWELLIAN APPS

Stossel Discusses Our Freedoms Mentioned in Founding Documents

(Originally Posted July 2018)

This 4th of July, when you watch the fireworks, will you think about the Declaration of Independence? No other country was founded on limited government and free speech.

This Constitution Day, John Stossel asks: what’s the most important part of the 230-year-old document?

John interviews Collin Lehmann, the winner of the “Censored in America” essay contest. Lehmann’s essay makes an eloquent advocacy for maximum First Amendment freedom.

 

Tulsi Gabbard (Democrat) Zeroes In On Our Countries Real Threat

Let me say, I think Tulsi will distance herself more and more from the Democrats and affiliate more with people like Dave Rubin does — conservatives — who are the bulwark in protecting free speech and thought.

(TRANSCRIPT) The mob who stormed the capitol to try to stop Congress from carrying out its constitutional responsibilities were behaving like domestic enemies of our country. But let us be clear, the John Brennan’s, Adam Schiffs and the oligarchs in Big Tech who are trying to undermine our constitutionally-protected rights and turn our country into a police state with KGB-style “surveillance” are also domestic enemies—and much more powerful, and therefore dangerous, than the mob which stormed the Capitol.

John Brennan said, “Members of the Biden team who have been nominated or have been appointed are now moving in laser like fashion to try to uncover as much as they can about what looks very similar to insurgency movements that we’ve seen overseas, where they germinate in different parts of the country and they gain strength and it brings together an unholy alliance frequently of religious extremists, authoritarians, fascists, bigots, racists, Nativists, even libertarians.”

President Biden, I call upon you and all members of Congress from both parties to denounce these efforts by the likes of Brennan and others to take away our civil liberties endowed to us by our Creator and guaranteed in our Constitution. If you don’t stand up to these people now, then our country will be in great peril.

Dave Rubin of The Rubin Report talks to Tulsi Gabbard (former Congresswoman) about the Big Tech social media purge, Trump being banned from Twitter, the censorship of Parler by Google, Apple and Amazon and shares an exclusive announcement with Rubin Report viewers. Tulsi Gabbard shares her concerns with the amount of power that tech corporations hold over our ability to communicate with each other. She discusses the ramping up of social media censorship on the major tech platforms and how she is using Locals.com to protect her ability to communicate with her followers.


YOU CANNOT YELL “FIRE” IN A CROWDED THEATRE


Here is a responses to that quote trotted out often, for the curious. The first comes from [of all places] THE ATLANTIC:

Ninety-three years ago, Justice Oliver Wendell Holmes wrote what is perhaps the most well-known — yet misquoted and misused — phrase in Supreme Court history: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

Without fail, whenever a free speech controversy hits, someone will cite this phrase as proof of limits on the First Amendment. And whatever that controversy may be, “the law”–as some have curiously called it–can be interpreted to suggest that we should err on the side of censorship. Holmes’ quote has become a crutch for every censor in America, yet the quote is wildly misunderstood.

The latest example comes from New York City councilmen Peter Vallone, who declared yesterday “Everyone knows the example of yelling fire in a crowded movie theater,” as he called for charges against pseudonymous Twitter @ComfortablySmug for spreading false information during Hurricane Sandy. Other commentators have endorsed Vallone’s suggestions, citing the same quote as established precedent.

In the last few years, the quote has reared its head on countless occasions. In September, commentators pointed to it when questioning whether the controversial anti-Muslim video should be censored. Before that, it was invoked when a crazy pastor threatened to burn Qurans. Before that, the analogy was twisted to call for charges against WikiLeaks for publishing classified information. The list goes on.But those who quote Holmes might want to actually read the case where the phrase originated before using it as their main defense. If they did, they’d realize it was never binding law, and the underlying case, U.S. v. Schenck, is not only one of the most odious free speech decisions in the Court’s history, but was overturned over 40 years ago.First, it’s important to note U.S. v. Schenck had nothing to do with fires or theaters or false statements. Instead, the Court was deciding whether Charles Schenck, the Secretary of the Socialist Party of America, could be convicted under the Espionage Act for writing and distributing a pamphlet that expressed his opposition to the draft during World War I. As the ACLU’s Gabe Rottman explains, “It did not call for violence. It did not even call for civil disobedience.”

The Court’s description of the pamphlet proves it to be milder than any of the dozens of protests currently going on around this country every day:

It said, “Do not submit to intimidation,” but in form, at least, confined itself to peaceful measures such as a petition for the repeal of the act. The other and later printed side of the sheet was headed “Assert Your Rights.”

The crowded theater remark that everyone remembers was an analogy Holmes made before issuing the court’s holding. He was explaining that the First Amendment is not absolute. It is what lawyers call dictum, a justice’s ancillary opinion that doesn’t directly involve the facts of the case and has no binding authority. The actual ruling, that the pamphlet posed a “clear and present danger” to a nation at war, landed Schenk in prison and continued to haunt the court for years to come.

Two similar Supreme Court cases decided later the same year–Debs v. U.S. and Frohwerk v. U.S.–also sent peaceful anti-war activists to jail under the Espionage Act for the mildest of government criticism. (Read Ken White’s excellent, in-depth dissection of these cases.) Together, the trio of rulings did more damage to First Amendment as any other case in the 20th century.

In 1969, the Supreme Court’s decision in Brandenburg v. Ohio effectively overturned Schenck and any authority the case still carried. There, the Court held that inflammatory speech–and even speech advocating violence by members of the Ku Klux Klan–is protected under the First Amendment, unless the speech “is directed to inciting or producing imminent lawless action and is likely to incite or produce such action” (emphasis mine).

Today, despite the “crowded theater” quote’s legal irrelevance, advocates of censorship have not stopped trotting it out as thefinal word on the lawful limits of the First Amendment. As Rottman wrote, for this reason, it’s “worse than useless in defining the boundaries of constitutional speech. When used metaphorically, it can be deployed against any unpopular speech.” Worse, its advocates are tacitly endorsing one of the broadest censorship decisions ever brought down by the Court. It is quite simply, as Ken White calls it, “the most famous and pervasive lazy cheat in American dialogue about free speech.”

Even Justice Holmes may have quickly realized the gravity of his opinions in Schneck and its companion cases. Later in the same term, Holmes suddenly dissented in a similar case, Abrams vs. United States, which sent Russian immigrants to jail under the Espionage Act. It would become the first in a long string of dissents Holmes and fellow Justice Louis Brandeis would write in defense of free speech that collectively laid the groundwork for Court decisions in the 1960s and 1970s that shaped the First Amendment jurisprudence of today.

In what would become his second most famous phrase, Holmes wrote in Abrams that the marketplace of ideas offered the best solution for tamping down offensive speech: “The ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.”……

Be Brave – Nikki Haley

[BTW, she is my choice for Prez] Free speech and intellectual freedom are the civil rights issues of our time. Are you ready to defend them? That’s the question that former US Ambassador Nikki Haley poses in this challenging video.

Social Media’s War On Free Markets! (Must Read Articles)

I have always said that the Left are “totalitarians,” and that is because they want “total thought” — in other words, homogenized thinking through the filter of Leftism (race, class, sex: the “unholy trinitarian” goal of the Left). Here is the latest on this fight for societal freedom.

This is the excuse the totalitarians are looking for, PJ-MEDIA has a must read:

….While conservatives rightly denounced the violence this week, this response bodes ill for conservative speech not just on social media, but in the public square and even in private organizations.

In the aftermath of the Capitol riots, Twitter suspended President Donald Trump’s account for the first time and Facebook permanently banned the president. After Trump deleted the tweets Twitter had flagged and had his account restored, Twitter proceeded to ban him entirely on Friday, and then it banned the official President of the United States (POTUS) account.

Facebook throttled the great Rush Limbaugh, notifying him that his “Page has reduced distribution and other restrictions because of repeated sharing of false news.” Limbaugh left Twitter in protest after the platform banned Trump. Apple and Google attacked Parler, claiming that the new haven for conservatives had allowed people to plan the violence of the Capitol riots on its platform.

House Democrats filed articles of impeachment that explicitly blame President Trump for the Capitol riots, even though he never told his supporters to invade the Capitol. While the president’s exaggerated rhetoric inflamed the rioters, Democrats repeatedly did the same thing this summer. Before and after Black Lives Matter protests devolved into destructive and deadly riots, Democratic officials repeatedly claimed America suffers from “systemic racism” and institutionalized “white supremacy.”

Big Tech did not remove House Speaker Nancy Pelosi’s accounts when she called for “uprisings” against the Trump administration. Facebook and Twitter did not target Alexandria Ocasio-Cortez when she claimed that allegedly marginalized groups have “no choice but to riot.” These platforms did not act against Kamala Harris when she said the riots “should not” stop.

This week, Joe Biden condemned the Capitol rioters, saying, “What we witnessed yesterday was not dissent, it was not disorder, it was not protest. It was chaos. They weren’t protesters, don’t dare call them protesters. They were a riotous mob, insurrectionists, domestic terrorists. It’s that basic, it’s that simple.”

Yet he refused to speak in those terms when Black Lives Matter and antifa militants were throwing Molotov cocktails at federal buildings, setting up “autonomous zones,” and burning down cities. Instead, he condemned Trump for holding up a Bible at a church — without mentioning the fact that that very church had been set on fire the night before.

Despite this hypocrisy, Biden’s speech on Thursday proved instructive. Biden used the Capitol riots to condemn Trump’s entire presidency, accusing Trump of having “unleashed an all-out assault on our institutions of our democracy from the outset.” Biden twisted Trump’s actions into an attack on “democracy.” He claimed Trump’s originalist judges were a ploy to undermine impartial justice — when they were truly the exact opposite. Biden claimed Trump’s complaints about the Obama administration spying on his campaign were merely an “attack” on America’s “intelligence services.” Biden said Trump’s complaints about media bias constituted an attack on the “free press,” when the Obama administration actually attacked the free press.….

(READ THE REST!)

UPDATED post via PJ-MEDIA… who points out that these social media tech giants think they are the arbiter of speech as well as the type of information you consume. What is the free market solution? To start your own “companies,” or outlets of free speech. However, as PARLER is succeeding against Twitter and Facebook as a place to speak freely, Big Tech is going after those, too. More via PJ in a minute.

Many #NeverTrumpers love David French’s views — as he is the intellectual leader of the rational side of the movement. This article by THE FEDERALIST needs to be gone through, here is the portion I think is most relevant, but the entire thing should be read (I linked to it in a conversation I just had with a #NeverTrumper):

….National Review writer David French has criticized the bill for attempting to regulate free speech. He argues that this invites a dangerous level of government involvement in public discourse. Subjecting social media companies to government scrutiny may sound appealing with a Republican president in power and a predominantly Republican Senate, but this could backfire if Democrats take control: “Will a Kamala Harris administration decide that disproportionate conservative success violates political neutrality?”

Bad Examples Abound

Besides taking a rather Pollyannaish view on conservative success on social media—never bothering to mention the blatant partisan censorship of conservative voices like Steven Crowder, Prager University, or Live Action—this argument from French and those of other like-minded critics rests on two counterexamples where government cannot regulate speech without violating the First Amendment: a controlled forum like a college classroom, and a public utility like a telephone service.

However, these two examples do not have any bearing on what is meant by free speech. In the case of regulating a public utility, this does not involve actual speech. Speech, in the First Amendment sense, consists of arguments made to a public audience. A telephone service is a means of communication, not a platform for facilitating speech. Therefore, the federal government cannot demand a company like AT&T refuse service to pathological liars or criminals because they perpetuate harmful speech.

Furthermore, if AT&T executives did start to do this, on the grounds that they work for a private company and can do what they want, customers could rightly charge them with discrimination (violating the 14th Amendment). They must provide phone service to all who agree to pay them, not just those who meet their speech guidelines—again, because their service does not pertain to speech, but basic communication, a utility.

In the case of a college lecture hall, the speech in question is not actually free. The professor can make his arguments and say whatever the school permits him to say. He also sets the rules for what students can say. If Dr. Kevin Sorbo tells his students that God doesn’t exist, as he does in the Pure Flix movie “God’s Not Dead,” his students are not free to debate him unless he allows it—which he foolishly does, much to his demise. Nevertheless, they do have the right to free speech outside his class (unless they attend Harvard University) and can complain about their atheist professor all they like.

This is different from students who request government action when they feel their free speech rights are somehow violated because a professor has an opinion that they dislike. Hawley’s bill would not require the fictional Dr. Kevin Sorbo or the real Dr. Fang Zhou to change their views or speech policies to uphold political neutrality in their classroom. It only applies to large social media companies and is meant to prevent silencing any particular view, conservative or progressive.

It’s Naive to Think Big Tech Companies Will Die Out

Given that these social media platforms have billions of users altogether, and will simply buy up any worthy competitor if it stumbles on a new idea (which is the ongoing plotline of the television series “Silicon Valley”), it is misguided to assume that they will pass away like the social media companies of yesteryear (Myspace, Friendster, etc.). The Big Tech platforms are less like a few popular channels on television and more like the whole cable and basic television package. The truth is that they won’t need to change; conservatives who try to create content on their sites will.

Without any laws to check them, Big Tech companies are removing conservative voices and clearing the way for the Democratic narrative that Trump is terrible and more government can save America. Heard often enough, this narrative will convince Americans who have no way of knowing better to vote for Democrats. And it is not a stretch to assume that the first order of business for any Democratic president will be to impose speech laws that suppress conservative ideas or grant greater authority to the Big Tech thought police.

In this, French is right to ask what a Harris administration would do to free speech if given the chance, but wrong to conclude that she would exploit Hawley’s law to do it. She doesn’t need to. Speaking for most Democrats, House Speaker Nancy Pelosi opposes taking away social media’s legal protection (Section 230), considering it a “gift.” She recognizes that Democrat politicians will continue to benefit from the bias dominating all media and only stand to lose if conservatives compete on a level playing field.

It is nonetheless worth noting that even with numerous obstacles put in place, conservatives still dominate the internet because most Americans recognize that they have the better argument and discuss more relevant issues. By contrast, leftist publications depend on skewed narratives and bad arguments and tend to focus on tired topics like the Mueller report, Trump’s tax returns, and Joe Biden.

When given the chance, viewers will watch the watch Crowder over Vox’s Carlos Maza because Crowder is funnier, smarter, and doesn’t rely on people’s sympathy for his success. Of course, if Crowder stops producing his show because YouTube demonetizes his videos, viewers will not have a choice anymore.

In light of this fact, it is probably more accurate to frame the issue of regulating social media as more a matter of a free market than one of free speech, although one depends on the other. Many people on the left want to eliminate competition online and stop losing to conservative content creators. Allegations of hate and radicalization are merely a pretext to this.

(READ IT ALL!)

Now, here is the continuation of PJ-MEDIA….

….After the social media platforms nixed Trump, people appeared to leave platforms in droves.

Nancy Pelosi, Ayanna Presley, and other Democrats have egged on rioters in the streets. Their social media accounts are still intact.

Conservative Americans have left the platforms in the understandable belief that if they could cut off the most powerful man in what used to be known as the free world, then they stood no chance.

They’re right.

To avoid the speech police, Americans have been leaving those platforms for Rumble and Parler, social media sites that promise to have few filters on speech. Parler does not allow illegal activity on its site under its terms of service.

But even as conservatives fled Facebook and Twitter for Parler, Big Tech decided to censor the site.

As I reported at PJ Media, Google Play cut off the Parler app from its app store and Apple followed suit in short order.

On Friday, a group called the “Amazon Employees for Climate Justice” wrote a screed to management demanding the tech behemoth boot the Parler app from its servers.

[….]

On Saturday, Amazon capitulated to the leftist rage mob and informed Parler it was getting rid of the social site from its servers.

Parler CEO John Matze announced that at midnight Sunday, Amazon would expunge the app content from its servers. Furthermore, he alleged that the tech giants conspired to orchestrate their moves to make it harder for Parler to stay afloat.

Sunday (tomorrow) at midnight Amazon will be shutting off all of our servers in an attempt to completely remove free speech off the internet. There is the possibility Parler will be unavailable on the internet for up to a week as we rebuild from scratch. We prepared for events like this by never relying on amazons [sic] proprietary infrastructure and building bare metal products.

We will try our best to move to a new provider right now as we have many competing for our business, however Amazon, Google and Apple purposefully did this as a coordinated effort knowing our options would be limited and knowing this would inflict the most damage right as President Trump was banned from the tech companies.

This was a coordinated attack by the tech giants to kill competition in the market place. We were too successful too fast. You can expect the war on competition and free speech to continue, but don’t count us out.

#speakfreely

This is tyranny. This is groupthink.

To sum up:

  • Big Tech censored you and the president on Facebook, Instagram, YouTube, Twitter
  • You left to go to other social media sites such as Parler, MeWe, Minds
  • Big Tech didn’t want you to leave for more freedom
  • Big Tech refused to let another social media platform, Parler, use their app stores
  • Big Tech then booted the social media site Parler from their servers

Double standards abound. No one on Twitter, Facebook, or Instagram was tossed off those platforms for protesting, rioting, looting, and vandalizing on behalf of Black Lives Matter and antifa. Lobbing Molotov cocktails wouldn’t get a group booted off a platform.

Ayatollahs and the Chinese death camp operators are held in higher regard than the president of the United States of America – and his supporters – because of Wednesday’s siege on the Capitol Building in Washington, D.C.

The line is drawn.

UPDATE!

RED STATE and WEASEL ZIPPERS notes the latest attack on free-markets and free speech by the Tech Giants:

Twitter CEO Jack Dorsey Mocks Parler after Coordinated Big Tech to Take Down His Competition

So with this coordination to take down the right and any other alternative to Twitter, you would think that Twitter CEO Jack Dorsey would be standing up for free speech, right? Just kidding.

Not only are they cool with booting off folks on the right from their site and removing the followers from virtually every right leaning account on Twitter, they’re also cool with their competition being stomped on. Indeed, if we were looking into antitrust questions in the coordination of all this, what Jack just posted would be Exhibit #1 in that action.

Here’s Jack celebrating that instead of Parler being the number 1 App on the App Store, his Signal App private messenger is instead. With a little help from his friends.

WEASEL ZIPPERS continues:

Amazon Kills Parler Server

You are not allowed an alternative either. They’re pulling them down tonight at 11:59 p.m. so Parler is looking for a new server.

Via BizPac Review:

Calling it a “coordinated attack,” Parler CEO John Matze informed the social media platform’s users Saturday that Amazon kicked Parler off their web hosting service, which will wipe them off the internet until they find a new host.

This devastating blow coming after Parler was removed from Google Play Store and Apple’s App Store.

The narrative employed to justify the Big Tech attack on Twitter’s biggest competitor is to link Parler, a free speech site being billed by the corrupt media as a “pro-Trump” site, to last week’s U.S. Capitol protest, claiming they allowed “calls for violence.”

Keep reading

MORE: 

You Can’t Be Free Without This

It wasn’t an accident that the First Amendment to the Constitution is about religious liberty. Why was it so important to the Founders? And why should it be just as important to you? Kelly Shackelford, President of First Liberty, explains.

Twitter’s Maoist Revolution (This Is How Freedom Dies)

I heard about the “Twitterverse” not even allowing a story by the NEW YORK POST to grace their site. When I got home I tried it. And sure enough, the story would not post. So I tried it again early this morning… nope:

I just tried it again this evening. HUGH HEWITT in his first hour played Tucker Carlson and then the President… I also include a call from Detective Tom – as – he asks good questions as usual.

The real story now as well is the idea that Twitter and Facebook can control what they feel is a hoax and what is genuine news. As the NEW YORK POST reasonably asks: “If ‘unreliable’ is the issue, why did social media never block anti-Trump stories?” Indeed… they continue:

….Misinformation? Lack of authoritative reporting? The story explained exactly The Post got the material, and the supporting evidence. Yet the past four years have seen left-of-center outlets devote millions of column inches to anti-Trump stories that turned out to be utter bunk — yet neither Facebook nor Twitter took similar action as part of any “standard process”:

  • Remember when four CNN reporters claimed, in June 2017, that James Comey was about to dispute in congressional testimony Trump’s claim that the FBI director had reassured the president he wasn’t under investigation? Comey did no such thing, but did Twitter and Facebook censor the story? Nope.
  •  Or recall when The Guardian newspaper concocted a story, seemingly out of thin air, about Trump campaign chief Paul Manafort and WikiLeaks’ Julian Assange meeting at Ecuador’s embassy in London? There was no such meeting, as the special counsel’s report confirmed. So did Facebook or Twitter block that story? Nope, you can still post the debunked nonsense on either platform.
  •  Or remember when The Atlantic published a several-thousand-word story suggesting that then-Sen. Jeff Sessions had lied when he said he didn’t meet the Russian ambassador as a Team Trump surrogate, but as a routine matter? The Mueller report debunked The Atlantic decisively with its finding that the meeting in question didn’t “include any more than a passing mention of the presidential campaign.” So is The Atlantic story blocked as misinformation? Nope.
  •  Or how about when the McClatchy news agency claimed that Trump attorney Michael Cohen had secretly traveled to Prague to meet with his Kremlin handlers? “Cohen had never traveled to Prague,” the Mueller report found. So is the McClatchy report blocked? You know the answer — of course it isn’t.
  •  Then there was BuzzFeed’s big bombshell that fizzled: a major story claiming that Trump had ordered Cohen to lie to Congress. The Mueller report’s verdict: “The president did not direct [Cohen] to provide false testimony. Cohen also said he did not tell the president about his planned testimony.” Did Facebook and Twitter block the link or otherwise “reduce distribution” pending fact-checking? Of course not. You can still post the lies freely.
  • Then there was the biggest of whopper of all: the salacious — and utterly discredited — Steele dossier, first reported by David Corn of Mother Jones and later published by BuzzFeed. Blocked by Big Tech? Ha!

The Post will continue to chase the truth wherever it takes us. But this episode should alarm ­every American. A very few people can unaccountably shape what you read.

This is how freedom dies.

The New York Post has published two bombshell stories that raise more questions over whether Joe Biden abused his power as the vice president of the United States for the financial benefit of his family. It’s a made-for-TV tale of foreign business dealings, money, corruption, and power – and the social media gods really, really don’t want you to read it.

Never Apologize to the Mob (Prager U)

What once was the start of healthy debate is now just as often a catalyst for personal and professional destruction. “The mob” is out to cancel anyone who crosses it. Paris Dennard describes the problem and offers a solution.

Totalitarian [Total Thought]: “Hard Work Is Racist”

Armstrong and Getty play a video showing people trying to stop others from simply getting gas. Then they discuss how work environments are getting 1984’ish… with demand for an almost “Totalitarian” way of thinking (“total thought” – you are no longer an individual).

….These are the dirty dozen hallmarks of “white-supremacy culture” that school administrators are directed to avoid:

  1. Perfectionism
  2. Sense of Urgency
  3. Defensiveness
  4. Quantity over Quality
  5. Worship of the Written Word
  6. Only one right way
  7. Paternalism
  8. Either/or thinking
  9. Power Hoarding
  10. Fear of Open Conflict
  11. Individualism
  12. Progress is Bigger, More
  13. Objectivity
  14. Right to Comfort

Chancellor Carranza’s openly race-based perspective is explosive. His 14-point mandatory training program assumes “implicit bias” and “white privilege.” His directive creates reverse discrimination and a doctrine of “toxic whiteness.”…..

(BLACK REPUBLICAN)

Here are some links:

  • Do You Feel A Sense of Urgency? According to This Study, You Might Be A White Supremacist (TWITCHY)
  • Do You Strive For Perfection? You Too Might Be A White Supremacist (TWITCHY)
  • Cult Programming In Seattle: The City Is Training White Municipal Employees To Overcome Their “Internalized Racial Superiority” (CITY-JOURNAL)
  • The Characteristics Of White Supremacy Culture: From Dismantling Racism: A Workbook for Social Change Groups, by Kenneth Jones and Tema Okun, ChangeWork, 2001 (SJW-WEBSITE)
  • What Is White Supremacy? (POWERLINE)
  • College Director: “Every White Person in This Country Is Racist” (CAMPUS REFORM)
  • More Colleges Implement Mandatory Anti-Racism Courses (CAMPUS REFORM)