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crime and punishment First Amendment rights ideological culture

No Mystery, Just Confusion

This week, two examples of “woke” political correctness shot across my visual field.

First, there was another classic 20th century writer bowdlerized by publishers and copyright holders so as not to offend the easily offended: Dame Agatha Christie.

As Robby Soave wrote in Reason, the great mystery writer has had her texts altered before, in the form of the title to her 1939 novel, And Then There Were None, which was originally published as Ten Little Indians. No, that’s not right. It was something far more offensive in America — but in U.S., one edition did use the less-offensive Ten Little Indians.

But now interior content of a much more innocuous sort has been changed. “A character in The Mysterious Affair at Styles who was referred to as a Jew — because, well, he is a Jew — is now just a person,” Soave explains. “And a servant identified as black no longer has a race at all.”

Nicety-mongering went much further in the second case, however, after the shooting at a Christian school in Nashville, Tennessee. The young woman who murdered three students and three adults at the school, and was then herself shot dead, sported, online, the pronouns “he/him.” In between blaming Republicans and the talking heads of The Daily Wire for this trans-gendered person’s suicide-by-cop murder spree, some journalists couldn’t help but scold others for mis-gendering . . . him?

At least one report referred to the perpetrator (whose name I see no reason to publicize) as a “trans-woman,” though, in current lingo, she (“he”) was a “trans-man.”

It does get confusing — but as sad as it can get, there’s no mystery here. 

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom

Assumptions Attack

Officers of the law are suing a rapper because his house attacked them, invading their privacy.

The rapper, Afroman, known for songs like “Crazy Rap” — and now “Will You Help Me Repair My Door,” about post-raid maintenance and the easy availability of lemon pound cake in his kitchen — claims otherwise.

The home of Afroman, aka Joseph Foreman, was raided by the Adams County sheriff’s office in August of 2022. They grabbed money. There was a paper warrant authorizing the action, but, he says, no actual justification, just “assumptions.”

He wasn’t home at the time. His family was.

Afroman admits to smoking blunts and said after the raid that he would have cooperated if asked about the contents of his ash trays. But he had no significant amount of marijuana in his home.

“You shouldn’t kick people’s doors down over speculation,” he said, “and you shouldn’t kick people’s doors down with an AR-15 over assumptions. You shouldn’t kick people’s doors down traumatizing kids over an assumption.”

The sheriff’s office found no evidence of “drug trafficking” and filed no charges.

Now officers are suing Afroman, who seems to be a plucky sort, for incorporating footage taken by his wife and security cameras during the raid into rap videos. The lawsuit says the video evidence is causing them “emotional distress, embarrassment, ridicule, loss of reputation and humiliation.”

Apparently, they were all just standing around minding their own business when this thing happened to them.

Countersue, Afroman.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights Internet controversy

Court Invokes First Amendment

This is where we’re at. We must be in suspense about whether a judge will object when governments act to repress speech in the name of combatting “misinformation,” “disinformation,” or “hate speech.”

Fortunately, Judge Andrew Carter sees the obvious and has blocked a new New York State law to regulate “hateful” online speech. The law was challenged by anti-censorship video platform Rumble and the Foundation for Individual Rights and Expression.

Carter says: “The First Amendment protects from state regulation speech that may be deemed ‘hateful,’ and generally disfavors regulation of speech based on its content unless it is narrowly tailored to serve a compelling governmental interest.”

The alleged “compelling governmental interest” exception is vague and not really consistent with the First Amendment. But the judge otherwise makes sense.

Laws like New York’s constitute a cart blanche for government to repress speech — any speech.

Any controversial words can be labeled hateful, misinformative, disinformative. People have been censored for asseverating that there are only two sexes, that the COVID-19 injections aren’t really vaccines, that the U.S. shouldn’t send more than $100 bazillion to Ukraine, etc.

It’s hatefully misinformative disinformation to proclaim that debates about such questions are impermissible. But people in any case have a right to be wrong; others, the right to refute them.

When the truth is on your side, you have an advantage. But you can’t beam your understanding into the minds of others.

You must be free to speak.

This is Common Sense. I’m Paul Jacob.


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The Last Shall Be First

The Iowa house has acted to make it easier for persons in the state to speak without getting sued into oblivion.

By a 94-1 vote, representatives passed House File 177, an anti-SLAPP bill that provides for prompt dismissal of lawsuits intended to intimidate people into silence rather than to redress wrongdoing. (A SLAPP is a “strategic lawsuit against public participation.”)

The bill seeks to protect “the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association.”

One lawmaker behind the bill, Republican floor manager Steven Holt, said that he made it a priority after the Carroll Times Herald was litigated into penury for reporting on the case of a local married police officer, Jacob Smith, who had pursued inappropriate relationships with teenage girls.

Just before the paper published its findings, Smith resigned from his job. Then he promptly sued the Herald for libel. The reporting would make things tough for him, he attested.

The suit failed, but not before a year in court that cost the small-town newspaper about $140,000 in legal fees and related expenses. (The paper has launched a GoFundMe campaign to recover this amount.)

David Keating, president of Institute for Free Speech, says that if the anti-SLAPP bill is enacted, “Iowa would leap from last to best in the nation at preventing frivolous lawsuits from threatening free speech.”

Let’s hope that all other states then play catch-up.

This is Common Sense. I’m Paul Jacob.

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Houck Off the Hook

A jury has acquitted anti-abortion activist Mark Houck of ridiculous federal charges. 

Houck had admitted to pushing a pro-abortion activist (and volunteer abortion clinic security personnel) who, charges Houck, had been verbally harassing his 12-year-old son. The incident occurred outside of a Philadelphia abortion clinic in October 2021.

Local police looked into the scuffle and decided that there was nothing there.

But in September 2022 — almost a year later — the Biden-Merrick Justice Department galumphingly arrested Mr. Houck for violating the Freedom of Access to Clinics Entrances Act as if he’d been acting to stop someone from entering the clinic.

To arrest him, the agency sent a crew of J. Edgars to raid Houck’s home, gratuitously traumatizing his family, even though he had been ready to voluntarily surrender himself.

Peter Breen, head of litigation at the Catholic Thomas More Society, a public-interest law firm that represents Houck, said that the charges “allege that Mark Houck interfered with a so-called volunteer abortion patient escort when in reality, Houck had a one-off altercation with a man who harassed Houck’s minor son, approximately 100 feet from the abortion business and across the street.”

Breen believes that the case was brought “solely to intimidate people of faith and pro-life Americans. Why in the world would you send this phalanx of officers heavily armed to this family’s home, violate the sanctity of their home, frighten their children . . . other than just to send a message?”

Sadly, he’s exactly right.

At least it’s over. 

For now. 

At least for Mark Houck.

This is Common Sense. I’m Paul Jacob.


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The California Non-Consensus

A judge has given California doctors a reprieve from an anti-medical-speech law produced by lawmakers and Governor Newsom. The judge has blocked the law until a lawsuit challenging it on First Amendment grounds can be resolved.

AB 2098 says that it “shall constitute unprofessional conduct” for doctors to spread “false or misleading information” about the COVID-19 virus, how to prevent and treat it, and the efficacy of alleged vaccines. (By using the word “alleged,” I’ve lost my medical license right there.)

What constitutes “misinformation”? 

Government-empowered medical boards would make these judgments in light of “contemporary scientific consensus.”

Why is “scientific consensus” so sacred? Does it never err? Aren’t facts and logic, which discourse helps to establish and convey, the proper arbiters, not a designated “consensus”? How does one actually arrive at a “scientific consensus” of any legitimate value? By divine revelation?

And if there are doctors, scientists and other researchers who dissent, especially in great number, doesn’t that make “consensus” entirely mythical, non-existent? The word misapplied? 

Of course, despite the issuance of government-approved dogmas and revised dogmas about these matters, every aspect of the pandemic has been the subject of intensive investigation and controversy for over three years.

As Judge William Shubb notes, “COVID-19 is a quickly evolving area of science that in many aspects eludes consensus.”

It’s a shame Shubb couldn’t simply have shut down the law permanently. Do we really need a lengthy legal process while California doctors wait to learn whether they may still fully participate in professional discussions?

But it seems that the agents of repression must have their day in court too.

This is Common Sense. I’m Paul Jacob.


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