Utterly Illegal

And the Progressive-Democrats don’t care. They have the power, so they don’t need any stinking authority, and they’re going ahead: with censorship of what average Americans are allowed to say, even allowed to know.

The White House announced their efforts with Facebook to take aggressive action on problematic social media posts. The administration said they would work to flag and censor anything they deemed to be disinformation about COVID-19.

Biden’s Surgeon General Dr Vivek Murthy:

We expect more from our technology companies. We’re asking them to operate with greater transparency and accountability. We are asking them to monitor misinformation more closely.

Biden himself, through his Press Secretary, Jen Psaki:

“There are also proposed changes we have made to social media platforms, including Facebook….

And

We are flagging problematic posts for Facebook that spread disinformation[.]

And overt spying on private citizens’ personal communications to facilitate the censorship, per the Progressive-Democratic Party’s Democratic National Committee:

…plans to work with SMS carriers to monitor text messages and dispel misinformation about vaccines.
“If you send a text message to a friend or to a family member or to whoever and it includes whatever they deem as misinformation that somehow you’re going to get a message on your phone from the government,” David Rubin of the Rubin Report.

And the threat, from none other than President Joe Biden (D):

Mr Biden was asked what his message was to social media platforms when it came to Covid-19 disinformation.
“They’re killing people,” he said. “Look, the only pandemic we have is among the unvaccinated, and that—and they’re killing people.”

Never mind that the censorship is a blatant violation of our 1st Amendment and of long-standing and myriad case law:

As recently as 2019, the Supreme Court reasoned “‘a private entity can qualify as a state actor,’ subject to First Amendment protections….” Manhattan Community Access Corp. v. Halleck (2019) …;
“When the private entity performs a traditional, exclusive public function,” Jackson v. Metropolitan Edison Co. (1974);
“When the government compels the private entity to take a particular action,” Blum v. Yaretsky, (1982);
“When the government acts jointly with the private entity.” Lugar v. Edmondson Oil Co. (1982).

The government doesn’t get to avoid censorship by farming out its censoring to third parties.

And there’s this: it’s well established in Civil Rights law and Supreme Court rulings that private enterprises that are public accommodations (of which diners are a canonical example) may not discriminate, under the 14th Amendment, on the basis of race. It’s an easy extension of that “may not discriminate” to include 1st Amendment speech, and it’s quite clear that Facebook et al., have become, if they weren’t created as, public accommodations.

Us average Americans need to keep this blatant disregard for our Constitution firmly in mind in November 2022.

 

H/t Grim’s Hall

There are Jobs…

There are Jobs…

…and there are jobs.

AFL-CIO Secretary-Treasurer Liz Shuler had this to say about President Joe Biden’s (D) “jobs” plan:

[He’s] doing a “masterful job aligning his cabinet secretaries in this messaging” about creating union jobs with taxpayer-funded infrastructure projects.

Notice that. Our tax payments are going to provide union jobs under the Biden plan, and this is a good thing, the union mucky-muck says.

No non-union jobs. No jobs funded by private enterprise in a free market economy. No hand-up type support for private enterprise to expand and create non-union (or union, come to that) jobs. Only government-funded union jobs for government-favored entities.

Keep this in mind in the fall of 2022 and again in 2024.

Compelling Interest and Racism

The Wall Street Journal‘s editors correctly decry President Joe Biden’s (D) race-based “equity” programs and diktats as taking our nation back to an ugly past.

By equity, Mr Biden means preferences for some racial groups over others to achieve equal outcomes.

And

Mr Biden sells his agenda as taking America into the future. But allocating government funds or privileges by race is a step back to an uglier past. … If applied on the scale Mr Biden hopes, America would become a nation of groups competing for racial spoils and defined outcomes rather than seeking equal opportunity for everyone.

The editors added this near the end of their piece, and here I demur from them.

Strict scrutiny requires that the government have a compelling interest for discriminating by race, and that it must use the least restrictive means to achieve that interest. If less restrictive ways can achieve the same purpose, the policy fails.

There shouldn’t be any strict scrutiny on such matters; the policies should fail on their face. There’s nothing in the 14th Amendment’s Equal Protections clause that permits Government-determined “compelling interest” to override our Constitution [emphasis added].

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

All of that plainly applies to our Federal government every bit as much as it does to each of the governments of the several States.

The Strict Scrutiny standard, as applied here, has been unconstitutional from the start and was an earlier Supreme Court attempt to duck its responsibility in applying our Constitution rather than seeking out excuses and methodologies for getting outside of it.

Government’s compelling interest is to defend and uphold our Constitution.

Full stop.

Responsibility

Recall that Texas’ Progressive-Democrats scuttled out of the end of Texas’ last legislative session, and that in response to their misbehavior, Governor Greg Abbott said he’d veto the part of Texas’ budget appropriations that funded the legislature. Last Friday, Abbott did precisely that.

Texans don’t run from a legislative fight, and they don’t walk away from unfinished business. Funding should not be provided for those who quit their job early, leaving their state with unfinished business and exposing taxpayers to higher costs for an additional legislative session. I therefore object to and disapprove of these appropriations.

Now hear the squalling by Texas’ Progressive-Democrat legislators.

…the budget article also funds rank-and-file staffers such as clerical and maintenance workers

Fox News cites them as saying. And House Democratic Caucus Chair Chris Turner:

Texas has a governor, not a dictator.

Never mind that it’s the minority Progressive-Democrats who are openly attacking democracy, attempting to impose their own diktats, by refusing to allow our State’s democratically elected legislature carry out its democratic duty by voting on a bill those Progressive-Democrats don’t like. Since they fear (probably accurately), they’d lose the vote, they moved to block the vote altogether. How dictatorial is that?

Regarding the rank-and-file staffers such as clerical and maintenance workers about whom those Progressive-Democrats so piously pretend to care, it’s those Progressive-Democrats’ misbehavior that has put the rank-and-file at risk. If they had allowed democracy to proceed, there would have been no need for Abbott to take such action.

The Progressive-Democrats know this full well.

Texas’ Progressive-Democrats are loudly—and offensively, I say—crying their crocodile tears.

A Right to be Racist

Recall the Biden administration’s farm loan relief program that the Department of Agriculture had set up to provide loan relief to black and brown farmers while explicitly excluding white farmers.

Recall further that

Judge William Griesbach found in an order issued Thursday [10 Jun] that the white farmers “are likely to succeed on the merits of their claim” that the US Department of Agriculture’s “use of race-based criteria in the administration of the program violates their right to equal protection under the law.”

The Ag Department rejects that ruling:

We respectfully disagree with this temporary order and USDA will continue to forcefully defend our ability to carry out this act of Congress and deliver debt relief to socially disadvantaged borrowers.

Here are Progressive-Democrats forcefully defending their self-created right to be racist in their governance of our nation.

This is despicable, and it needs to be remembered throughout the fall of 2022, and beyond.