Tag Archives: free speech

Free Speech vs “Free Speech”

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California’s Progressive-Democrat Governor Gavin Newsom pretends to favor free speech even as he attacks it and seeks to limit it. Under Newsom,

California law requires companies with more than $500 million in annual revenue that “do business” in the state—which can mean having a single employee or contractor in the state—to detail how speculative climate-related risks could affect their businesses.
Companies with more than $1 billion in annual revenue will also have to report their CO2 emissions, including those from suppliers, customers, and contractors. Some 10,000 companies will have to comply with the first rule, and more than 5,000 with the second.

This is nothing but government-mandated speech, which is antithetical to speech freedom

Activist Federal judges are playing their role in this limitation [emphasis added].

A lawsuit by the US Chamber of Commerce and other business groups argues that the mandated climate disclosures violate the First Amendment by compelling business to speak on an intensely controversial subject. The state claimed in response that it is regulating business conduct, not speech—ergo, the First Amendment doesn’t apply.
Federal Judge Otis Wright in August rejected this defense, but he agreed with the state that the climate disclosures are constitutionally kosher because they implicate commercial speech, which merits a lower level of scrutiny under the First Amendment. This blurs a crucial distinction between commercial and non-commercial business speech.

This is even worse. Wright demonstrated his activist judicial bent by directly tying in our 1st Amendment and then saying it doesn’t apply to some (government disfavored) speech. Wright has directly attacked, with this position, the freedom Americans are explicitly allowed under that Amendment’s speech clause.

Congress shall make no law…abridging the freedom of speech….

There’s nothing in that clause that segregates speech into categories of speakers or of types of speech. No law abridging, means exactly that, neither more nor less.

At bottom, free speech is like the longstanding saw about pregnancy: either we have free speech, or we do not. There is no such thing as “a little free speech” or speech that is “somewhat free.” Most Americans understand that. It’s instructive that Progressive-Democratic Party politicians and activist judges do not. We can fix the one promptly through our elections. Fixing the other will take longer, but we can fix it, too, through our elections as we choose Congressmen and Presidents who will nominate and then confirm judges who adhere to the text of our Constitution and our statutes rather than to their personal views of “social needs.”

Useless Argument

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Amid the hue and cry over Jimmy Kimmel’s TV show being put on hiatus over his lies about Charlie Kirk and his murderer—some saying the government shouldn’t be in the business of pressuring news outlets and others saying Kimmel got what he deserved—there is this argument, as articulated by Ben Shapiro among others:

But I do not want the FCC in the business of telling local affiliates that their licenses will be removed if they broadcast material that the FCC deems to be false. Why? Because one day the shoe will be on the other foot.

What Shapiro, et al., are eliding, though, is that the shoe has been on the other foot since at least the 2016 Presidential campaign season. That’s when The New York Times announced in a front page article that its news room would no longer attempt balanced coverage; it was so dismayed over then-Republican Presidential candidate Donald Trump that its news room would pick a side and openly bias its supposedly objective news writing to favor whoever the Progressive-Democratic Party candidate might be.

Not so long later, a broadcast news outlet announced that there were not two sides to every story, and it began nakedly favoring the Left’s side.

The bias became blatant when the Progressive-Democrat-run Executive Branch began pressuring—threatening—social media outlets if they didn’t start suppressing Conservative commentary.

The bias became overt election interference when CNN participated in the circularly created Russian interference to favor Trump’s election hoax by publishing the “intelligence experts'” letter.

This then was followed by all news outlets (save The New York Post) spiking all “reporting” on the Hunter Biden laptop.

As a result of the Post breaking that story anyway, social media blocked it from posting on the social media outlets.

Then we had Progressive-Democratic Party Congressmen, of whom California’s Adam Schiff is one of the more infamous examples, overtly lying about then-President Donald Trump (R)’s being in cahoots with Russia. Schiff expanded on this with his lies about having the intelligence reports (from the same intelligence community of the letter infamy) to prove it.

I’ll elide the argument that CEOs who fold under mere pressure are unfit for their positions. That the Left and Party politicians have a long and hoary prior history of this pressure and overt action against free speech is no excuse for Republicans to do the same. Spare me, though, the foolishness that one day the shoe will be on the other foot. It already has been, for far too long.

Note: As I write this post (22 September 2025) ABC has taken the position to restore Kimmel to his show and airtime with effect 23 September 2025.

Muddled Editor “Thinking”

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This time, by the August Ones of The Wall Street Journal‘s board of editors. They’re upset because Attorney General Pam Bondi openly decried “hate speech,” and then said that when that speech clearly crosses a line, it becomes criminally actionable. Their lede:

Is a basic understanding of the First Amendment too much to expect from the nation’s Attorney General?

What Bondi said that drew their…attention:

There’s free speech and then there’s hate speech, and there is no place—especially now, especially after what happened to Charlie, in our society. We will absolutely target you, go after you, if you are targeting anyone with hate speech.

Targeting someone with hate speech isn’t general hate speech; it’s making threats, and it’s incitement to violence, and that is illegal.

Bondi went on the next day, as…paraphrased without context by the editors:

“Hate speech that crosses the line into threats of violence is NOT protected by the First Amendment.” But then she incoherently mixed in everything from “violent rhetoric,” to doxxing, to calling a SWAT team to the home of a Member of Congress.

Those all are forms of threats of violence or of actual violence. The only incoherence is in the imaginations of the editors.

And this from the editors:

The AG also didn’t recant her statement on Monday that the Justice Department might “prosecute” Office Depot or its ex-employee who refused to print a Kirk vigil poster.

Nor is there any reason to. What the editors omitted from this particular excerpt is that DoJ might prosecute on illegal discrimination grounds, not on speech grounds.

Apparently, basic reading/listening comprehension is too much to expect from opinion writers.

Free Speech Climate Funding Industry Style

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The UN is at it again; this time it’s the UN arm of the Climate Funding Industry that’s attacking individual freedoms.

A United Nations climate expert is calling for people who question the goal of avoiding a climate catastrophe by rapidly eliminating fossil fuels to face criminal penalties.

Elisa Morgera, UN special rapporteur on human rights and climate change is insisting that nations have an obligation to

defossilize information systems to protect human rights in the formation of public opinion and democratic debate from undue commercial influence and from information distortions.

In order to protect human rights, our most basic, intrinsic, and inalienable right—free speech—must be circumscribed to suit Climate Funding Industry personages’ definition of proper and properly free speech.

This is just one more reason climate activists cannot be taken seriously and must be cut off from government funds, tax credits, subsidies, and so on.

Bad Idea

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Socialist Senators Bernie Sanders (I, VT) and Angus King (I, ME) are proposing a new law that would

ban pharmaceutical manufacturers from using direct-to-consumer advertising, including social media, to promote their products.

This is a bad idea. Not just singly bad; it’s bad on three grounds.

One is the ground of free speech. We don’t get to ban speech based on who’s doing the speaking any more than we get to censor speech based on what’s being said. That includes pharmaceutical companies that want to advertise their wares, so long as they don’t misrepresent them. Truth in Advertising laws, though, are agnostic regarding both advertisers and products.

Our nation went over who is allowed to advertise when lawyers wanted to engage in direct advertising, including via television ads, lots of years ago. Our courts, and we as a nation, came down on the side of free speech when we all decided lawyers advertising was entirely jake. The worst that got us is ads like The Texas Hammer‘s.

It’s a bad idea because it’s insulting to us average Americans. We are not as droolingly imbecilic as these two Wonders of the Left insist that we are. We are fully capable of deciding for ourselves whether we want to take pharmaceutical company’s word at face value or our doctor’s advice. Certainly the advertisements can lead us to peppering our doctors with questions, but we should be doing that, anyway, regarding his diagnoses and proposed treatments. That some of us are foolish enough to remain willfully ignorant about our own health and blithely (and blindly) accept our doctor’s word unquestioningly is between us and our doctors. It’s no excuse for government censoring other parties.

That brings me to the third reason this is a bad idea. It’s not government’s role to protect us from ourselves, or even from each other except on criminal matters. Government’s role is to protect us from external criminal elements and threats to our nation as a whole. It’s not even the Federal government’s sole role to protect us from domestic criminal elements—that is primarily the role of each of our several State governments, with help from the Feds only when invited in by the States.

This is a move that only Socialists and their monarchist Progressive-Democratic Party ally could love.