What He Said

A Massachusetts letter writer published in The Wall Street Journal‘s Monday Letters had this on identity politics:

I was born and raised in working-class Chicopee, MA, by second-generation Polish-American factory workers. I’m not a Boston Brahmin. I didn’t graduate from an Ivy League school or do a Wall Street internship, but I’m no longer blue-collar, either. Regardless, I’m proud to belong to an identity group that includes a wide variety of people of different races, ethnic backgrounds and religious beliefs. I identify as an American.

I hope he’s not simply being naively optimistic. In any event, what he said. Indeed.

Factchecking

One example of factchecking, by Mark Zuckerberg’s Facebook censors factcheckers, is provided by Power Line.  It seems that Jon Hinderaker was impertinent enough to link to his Power Line post from his Facebook account, and that post rudely suggested that there might be voter fraud in the Wisconsin establishment.

Zuckerberg’s minions didn’t like that, so they had USA Today “fact check” the post, and based on that “news” outlet’s review, they added this to Hinderaker’s Facebook link.

Here’s Hinderaker’s rebuttal—on Power Line, since Zuckerberg brooks no argument with his priests—in pertinent part (RTWT):

The explanation given for Facebook’s “fact check” is that “Wisconsin turnout [is] in line with past elections, didn’t jump 22%.” But my Facebook post said nothing about Wisconsin turnout jumping by 22%. Neither did my Power Line post, which I doubt anyone from USA Today or Facebook actually read. According to Wisconsin officials, that state had a record turnout in 2020, not one that was “in line with past elections,” so Facebook’s “fact check” is blatantly false. Also, obviously, it doesn’t even attempt to deal with anything I wrote in my Power Line post, which, among other things, explained why some observers have made exaggerated claims relating to Wisconsin’s 2020 turnout numbers. Nor does it try to explain why there is something wrong with what I wrote on Facebook, which was that “the numbers suggest” that there was major voter fraud in Wisconsin–a claim that, as far as I know, stands unrebutted.

Hinderaker is polite and says Zuckerberg’s (Hinderaker also says “Facebook,” but Zuckerberg is the MFWIC, not only in name, but with controlling share ownership) fact check is false. I have no such compunction: Zuckerberg, through his censors, is straight up lying.

Zuckerberg no longer runs a pipeline and so that operation no longer falls within the protections of the 1996 Communications Decency Act‘s Section 230. Here’s what Section 230 does in this context:

…protects social media platforms from liability for “any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”

It’s that “otherwise objectionable” bit that’s the problem (and so is “harassing” in this context). That’s where political speech is getting censored by Zuckerberg. From that, he’s made his operation a publisher (of opinion and, in too many cases, lies; although the latter is neither here nor there regarding Section 230), and so either his Facebook needs to be reclassified and removed from within Section 230, or Section 230 needs to be corrected to remove “otherwise objectionable” or anything like it from the liability protection clauses and the definition of “harassing” tightened a very great deal. Afterall, newspapers don’t get those protections; neither should Zuckerberg’s publisher.

Full stop.

Misdirected

…as opposed to misdirection. Gerald Seib, in his Monday piece for The Wall Street Journal, wrote about the need to restore confidence in America’s democracy.

His need is misplaced, however. We Americans have a deep and abiding confidence in our republican form of democracy right along with our faith in voting (another of Seib’s misplaced concerns) as the means of executing our republican democracy.

this year’s election can be seen as the culmination of a two-decade period of decline in faith in the basic building blocks of democracy. That period began with the controversial Florida recount in the 2000 election, then expanded four years ago to charges of foreign interference in an election.

No, this year’s election has demonstrated our faith in our republican democracy and our voting: 150 million voters—easily a record number in his words—voted. That’s no lack of faith.

On the other hand, this year’s election can be seen as the culmination of a two-decade decline in faith in what is increasingly recognized as an intrinsically mendacious system of media, of news reporting and opinion providing. Our media have increasingly mixed news and opinion, masquerading the latter as the former while the former is increasingly unsupported by identifiable sources. Our media have increasingly provided “opinion” unsupported by fact, identifiable sources, even logic.

Our media culminated its descent (so far culminated, the descent isn’t slowing) with its open spiking of stories detrimental to Progressive-Democrats like Joe Biden or favorable to Republicans like Donald Trump. That culmination includes printing outright lies, for instance about what Trump said about our soldiers, while openly refusing to retract their stories when those lies, for instance about what Trump said about our soldiers, are disproven.

And this:

Now President Trump and his allies head to court with charges of widespread vote fraud, charges so far unsubstantiated, raising doubts about the integrity of voting in states across the map.

Leave aside the fact that no one is going to prosecute a fraud case—or a widespread error case, or a case involving State Executive Branch officials violating State Election laws, even if for the Very Best of reasons—in the press. Such cases will be prosecuted in court, and that includes providing evidence to support the allegations.

No, contrary to Seib’s assertion, what Trump and his allies are doing is seeking to preserve confidence in the integrity of voting by holding to account the personnel responsible for overseeing and protecting the several voting systems. Personnel who, by coincidence, have created doubt through their mishandling of their responsibilities primarily in Progressive-Democrat-controlled jurisdictions.

A Misapprehension

John Yoo, Senate Majority Leader Mitch McConnell (R, KY), and others, are suggesting that, given the apparent irregularities (because I’m being polite) in several States’ ballot acceptance and counting procedures, “the courts may decide the election.”

McConnell, et al., misunderstand the situation. The courts won’t decide anything. This election has been decided by American voters. It may take the courts to enforce our decision, though.

There would seem to be strong cases, too, for reversing those…irregularities. Our Constitution’s Article I, Section 4 says pretty explicitly that State legislatures set the Times, Places and Manner of holding Elections… and that Congress may at any time by Law make or alter such Regulations. There’s no wiggle room there.

State non-legislative officials—elections board commissioners, Secretaries of State, governors, et al.—do not have the legal capacity to alter States’ laws, for instance, deadlines for receiving ballots, requirements regarding signature comparison and witness signatures on absentee ballots and mail-in ballots. They do not have that capacity even under the guise of emergencies like the Wuhan Virus situation.

In particular, the virus situation was in full bore by last spring, and both Congress and the States’ legislatures have had months in which to adjust election laws to account for the virus’ impact—and they universally chose to make no adjustments.

Those non-legislative officials’ adjustments are not merely illegal, they’re unconstitutional.

Full stop.