A Thought on Section 230

Rick White, Republican Representative from Washington at the end of the last century, had a thought on Section 230—he wants to repair it rather than eliminate it—and so (of course) do I. He began with this:

…some saying it allows big tech companies to censor political views, and others saying it enables the spread of disinformation.

What far too many who should know better miss, though, is that both of these are true; it’s not a matter being mutually exclusive, or even a matter of one or the other.

What those worthies also miss is that only one of them is of any concern at all. Regardless of the bleatings of the Know Betters in the press and in our political elites, ordinary Americans are fully capable of discriminating (uncensored) disinformation from (uncensored) misinformation from (uncensored) information.

One idea that White suggested in lieu of eliminating Section 230 was this, and he was serious about it:

We could also establish a plan for self-regulation by the online industry.

It’s hard to see how White could be so naive or so…misinformed. The online industry isn’t the problem. The small cartel of social media is the problem. And we’re already seeing what Jack Dorsey’s, Mark Zuckerberg’s, and Sundar Pichai’s self-regulation looks like.

Section 230 is beyond repair; the conditions extant when it was written no longer obtain. Pipelines don’t manage the information flowing through them. Publishers do.

The Section needs repeal.

Panic

This is what the Left and their Progressive-Democrat governors are panicking over—actual data that give the lie to their claimed need to exercise control over the doings and businesses of their States’ citizens for those citizens’ own good. An exercise that’s actually for the power of that exercise.

The data don’t support their panic-mongering, though. Via a tweet from Carrie Sheffield, a Just the News anchor:

Getting sick is never fun. However, the mortality rate from the Wuhan Virus has always been very low—and getting very lower—for all ages under 70 years. We’ve learned a lot since the virus outbreak last spring, and the mortality rate for that last age group has gotten quite low, also.

Progressive-Democrats and Religious Freedom

Progressive-Democrats want to vastly curtail, if not eliminate altogether, religious freedoms. You recall those—the core part of our 1st Amendment.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….

The Secular Democrats of America PAC, an arm of the Progressive-Democrat movement, counts the Trump administration’s actions to advance religious freedom a national security threat. Moving radically beyond merely eliminating our national motto because it dares mention God, this crowd denounces our national heritage and our belief in ourselves as a Christian nation (which is a distortion of theirs; we actually hold ourselves to be a Judeo-Christian nation).

In a 28-page list of “recommendations” this crowd sent to Progressive-Democrat President-Elect Joe Biden, they included the following:

  • withhold federal funds from any faith-based organization perceived as discriminatory on the basis of religion
  • repeal non-medical exemptions based on religious grounds
  • mandate inclusion of non-religious advisors at all faith-based gatherings at the White House
  • Biden (apparently personally) should discourage politicians from using the words “God” and “country” while speaking

So, this part of the Progressive-Democratic Party wants Government to tell religious organizations they are not allowed to practice their religion and receive the same government funding other organizations get. Government must heavily deprecate religious practices.

This crowd also insists on dictating what speech an elected official might use and who he must have in his meetings: “elected official” because there’s no reason to believe this demand, once acceded to, won’t spread far from the White House.

Biden has chosen not to comment on these recommendations. His considered silence smacks of agreement with it. If Republicans don’t hold the Senate, it’ll be a long four years of destruction.

Obfuscating Harm

The Wall Street Journal has an opinion on the nature of Texas’ suit against four other States regarding their conduct of the 2020 Presidential election in their States.

This legal analysis will upset many readers….

The Editors’ analysis is itself flawed:

Can a state be harmed by the way other states conduct their elections?

and

This one [Texas’ suit] concerns election law in states other than Texas.

And many other, similar statements. These are attempts to change the subject that would make Saul Alinsky proud.

The case Paxton, et al., have brought to the Supreme Court is about the defendant four States’ violations of their laws, not about those laws themselves, and through those violations, those States’ violations of our Constitution. Of course, one State cannot be harmed by the way other States conduct their elections—unless those States conduct their elections in illegal ways. In that case, the harm is grave, indeed.

There’s this, too, regarding the harm the States of Texas, et al., suffered, as summarized by Hans von Spakovsky, writing in The Daily Signal:

Additionally, the one-person, one-vote principle “requires counting valid votes and not counting invalid votes.” This damaged Texas because in “the shared enterprise of the entire nation electing the president and vice president, equal protection violations in one state can and do adversely affect and diminish the weight of votes cast in states that lawfully abide by the election structure set forth in the Constitution.”

Thus, the question is whether a State can be harmed by another State’s disregard for the Constitution that binds them together and that other State’s violation(s) of its own election laws. Whether one State can be harmed by the way another State conducts its elections is a cynically offered strawman.

With regard to the remedy Texas is requesting, the press—not only the WSJ—has distorted that as well, claiming that Texas wants the elections in those States thrown back to those States’ legislatures. What Texas actually is asking is this, again as summarized by Spakovsky:

The state is asking for a declaratory judgement that the administration of the election by Pennsylvania, Georgia, Michigan, and Wisconsin violated the Constitution; that their Electoral College votes cannot be counted; and to order that these states “conduct a special election to appoint presidential electors.”
If the states have already appointed their presidential electors, Texas asks that their legislatures be directed “to appoint a new set of presidential electors in a manner that does not violate the Electors Clause and the Fourteenth Amendment, or to appoint no presidential electors at all.”

Of course, a special election or any other manner that does not violate the Electors Clause and the Fourteenth Amendment need not be done solely by any State’s legislature.

Regarding already completed certifications (another concern of the WSJ), if those certifications were of illegally achieved outcomes, there is nothing lost and everything gained by setting them aside. The inconvenience to some of the set-aside isn’t relevant.

One last point. The press is constantly claiming that these efforts are aimed at overturning the election results. This, too, is an Alinsky-esque distortion of impressive magnitude. The results of the election are what the people decided with our collective votes. These efforts—the Texas effort in particular—is about upholding the election results by removing the obstacles of those four States’ illegally conducted election processes. Until those obstacles are removed, we cannot know the people’s choice, we cannot know the election’s outcome.

In the event, the Supreme Court declined Friday night to hear Texas’ case.

Pocket Veto

This week, the House passed the National Defense Appropriation Act with enough votes that, if repeated, would override a Presidential veto.

President Donald Trump has said he’ll veto the bill because it doesn’t include repeal of Section 230, which confers immunity from publication-related liability on Facebook, Twitter, Alphabet, and a few others.

Now the bill goes to the Senate for passage, and then to the President.

Here’s the thing, folks. As I write this post, it’s 9 December. Congress recesses at COB 18 December.

If Congress doesn’t extend its session and not go on recess as currently scheduled, the President can simply not sign the bill into law, and it’ll be pocket vetoed with no opportunity for an override vote in each house.

Here’s what Article I, Section 7 of our Constitution has to say on Presidential vetoes [emphasis added]:

If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

We’re already inside those 10 days.