A State Appellate Court

One in Michigan got one right. The Michigan Court of Appeals has reversed a State Court of Claims decision that would have counted ballots postmarked by Election Day but received up to two weeks later.

The appellate court held that

[D]esigning adjustments to our election integrity laws is the responsibility of our elected policy makers, not the judiciary….

The court also held that

the state constitution requires all votes to be turned in by 8 pm of Election Day to be counted, and could not be changed by a judicial order.
“The Constitution is not suspended or transformed even in times of a pandemic, and judges do not somehow become authorized in a pandemic to rewrite statutes or to displace the decisions made by the policymaking branches of government,” Judge Mark Boonstra in one of the opinions.

Political decisions must be made by the political branches of government and not by the judicial branch.

Imagine that.

Here, for good or ill, the political branches have made their decision: only votes received by the end of Election Day—and not by the end of the day itself—can be counted. Full stop.

Revised Rules

Jack Dorsey has them for his Twitter. In response to the blowup over his (and Mark Zuckerberg’s over at Facebook) decision to censor the New York Post‘s reporting on emails found on a laptop allegedly belonging to Hunter Biden and seeming to indicate connections among Hunter, his business efforts in Ukraine and the People’s Republic of China, and his father Progressive-Democratic Party Presidential candidate Joe Biden—or more likely in response to the pending subpoena compelling his sworn testimony in front of the Senate Judiciary Committee next week regarding his censorship—Dorsey had his legal, policy and trust & safety lead, Vijaya Gadde, announce some unspecified changes. Dorsey also said through her, though, that

All other Twitter Rules will still apply to the posting of or linking to hack materials, such as our rules against posting…synthetic and manipulated media….

In other words, Dorsey still will censor obvious satire and political ads because he’s too lazy to think about what he’s actually looking at. Or because he assumes his customers are too droolingly imbecilic to understand what they’re looking at.

After this, Dorsey claimed to have withdrawn all blocks; he would simply attach a “context” label to the tweets and retweets.

That “changes” turn out to be untrue. The New York Post still is locked out of its own account unless and until it withdraws—withdraws—its tweets regarding its prior two articles.

Free Speech

Jason Loftus, CEO of Lofty Sky Entertainment, had an excellent op-ed on free speech in Wednesday’s Wall Street Journal.  He closed his piece with this:

Politicians shouldn’t aim to restrict access to social-media platforms. It is reasonable, however, to require that any platform operating in the US uphold the freedoms that Americans hold dear.

Absolutely. However, since companies in the People’s Republic of China are bound by PRC law to satisfy any request for information made by the PRC government’s intelligence facility, a requirement to uphold American freedoms is impossible for PRC-based or -owned PRC companies to meet.

Accordingly, WeChat and other PRC companies should be barred from operating in–not just be given restricted access to–our economy.

Censorship

Here are a couple of New York Post items that Facebook and Twitter are so nakedly censoring. These are in their second article:

And

And

These items are in the NYP‘s second article, published 15 October, the day after the Post published its first article—which Twitter and Facebook began censoring. These two social media enterprises went so far as to lock White House Press Secretary Kayleigh McEnany out of her personal Twitter account unless and until she deletes her own Twitter post that carried that original Post article, which broke the fact of the laptop and emails thereon.

Twitter has extended its censorship to the point that it is blocking a United States Senator—Ted Cruz (R, TX)—from tweeting about this second article.

True, false, or misunderstood, the laptop and these emails and the others on that newly exposed laptop need to be openly discussed and their provenances clearly identified.

With this censorship, Facebook and Twitter have ceased to be pipelines and created themselves publishers controlling what information they will choose to publish.

That makes it imperative to withdraw their immunity from the regulation to which any publisher of information is subject, including in particular the requirement to provide equal time under equal conditions to all sides of any discussion of information.

With their censorship, Facebook and Twitter have drastically abused their monopoly power. With that, it’s necessary, also, to break them up into smaller, independently operating enterprises with management teams and employee suites that are entirely separate each enterprise from the others.

Read both articles. The first one can be seen both here and via the Senate Judiciary Committee’s Web page.

Follow the Narrative–I Mean Science

Here’s some science—the Great Barrington Declaration.

James Freeman, in his Tuesday Wall Street Journal column, opened with this:

This week dozens of esteemed medical experts with blue-chip academic credentials published a warning about the destructive policies adopted to address Covid-19. Since the Sunday publication of this Great Barrington Declaration more than a thousand biological scientists and more than 1,500 medical practitioners have added their names to the petition. Yet it’s been almost entirely ignored by the media outlets that spend much of their days presenting themselves as obedient to science.

The declaration says this, in part:

Current lockdown policies are producing devastating effects on short and long-term public health. The results (to name a few) include lower childhood vaccination rates, worsening cardiovascular disease outcomes, fewer cancer screenings, and deteriorating mental health—leading to greater excess mortality in years to come, with the working class and younger members of society carrying the heaviest burden. Keeping students out of school is a grave injustice.

The declaration closes with its recommendation for how we should deal with the virus [emphasis added].

Adopting measures to protect the vulnerable should be the central aim of public health responses to COVID-19. By way of example, nursing homes should use staff with acquired immunity and perform frequent PCR testing of other staff and all visitors. Staff rotation should be minimized. Retired people living at home should have groceries and other essentials delivered to their home.  …
Those who are not vulnerable should immediately be allowed to resume life as normal. Simple hygiene measures, such as hand washing and staying home when sick should be practiced by everyone to reduce the herd immunity threshold. Schools and universities should be open for in-person teaching. Extracurricular activities, such as sports, should be resumed. Young low-risk adults should work normally, rather than from home. Restaurants and other businesses should open. Arts, music, sport and other cultural activities should resume. People who are more at risk may participate if they wish….

Of course the Great Barrington Declaration and its Focused Protection proposal have been ignored by the media outlets. They’re also being ignored by Progressive-Democrats everywhere from Biden, Pelosi, and Schumer on down.

The Great Barrington Declaration is the wrong science to follow; it’s too politically inconvenient to settled narrative.