Trump’s “Free Speech” Doctrine: Never, Ever, Ever Mention He’s a Liar

On May 28, US president Donald Trump signed an executive order on “Preventing Online Censorship.” From the title and the document respectively we can draw to two lessons.

First: Never, ever, ever believe the title of a government document. The internal texts of congressional bills and resolutions, as well as executive branch orders, “findings,” intelligence “estimates,” etc. seldom have much, if anything, to do with their titles.

“A Bill to Protect Cats, and for Other Purposes” may or may not even mention cats outside of its opening  justification paragraphs before it mutates into a swamp of of corporate welfare handouts, hidden tax increases, and Orwellian surveillance state provisions. An intelligence “estimate” or presidential “finding” that Saddam Hussein has weapons of mass destruction or that the Iranians are trying to build a nuclear weapon … well, you get how that stuff works, right?

Second: Never, ever, ever mention — at least in public — that Donald Trump is a liar. The purpose of the executive order is not to “prevent online censorship.” It’s to punish Twitter for “fact-checking” two of his tweets about voting by mail.

“Trump,” the “fact-check” title notes, “makes unsubstantiated claims that mail-in ballots will lead to voter fraud.” That’s an incredibly polite way of saying that Trump tells new stories so wildly incompatible with his previous tales that “Trump’s lying again” is the only plausible way to interpret them.

Until a few weeks ago, Trump and his party defended mail contact with voters as the only way to PREVENT voter fraud. Now Trump says “There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent.

Stripped of its empty self-congratulation and whiny victim-playing, Trump’s executive order is about the opposite of protecting free speech. It’s about “clarifying” — that is, neutering — Section 230 of the Communications Decency Act of 1996.

Section 230 protects online platforms from liability for material created by others: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

Section 230, to put it as simply as possible, allows online platforms to operate without fear of being sued into bankruptcy for the actions of their users. If I libel you on Twitter or Facebook, you can sue me, but if you try to sue them you’ll lose. They’re not responsible for what I write.

Section 230’s protections aren’t dependent on a platform “purport[ing] to provide users a forum for free and open speech,” or on that platform being truthful if it does make such a claim, as the executive order implies. Platforms are free to set their own content policies, to ban users who violate those policies, and to notice and publicly mention that a user is a pathological liar who’s lying yet again, even if that user just happens to be the president of the United States.

If it withstood court challenges (it wouldn’t), Trump’s order would use the rule-making and spending power of the federal bureaucracy to punish, not protect, free speech.

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Don’t Be Judgmental

Nobody asked but …

I have suffered writers’ block (enough with the cheering over there), but it has not been coterminous with the Covid19 shutdown. I’ll share with you where it came from.

Sometime after my last previous post, I listened to the Voluntaryist Voices podcast on the 7 principles of non-violent communication, by Micah Salaberrios. The first principle, that one should not be judgmental, proved a hurdle for me. I was suddenly buffaloed about how to write op/ed style posts while not being judgmental.

After much struggle I have concluded that I should amp up in terms of facts, and the more difficult, truth, in my blog offerings.

But, I will not label anything as truth, since truth is a label which can be applied to either a fact, a collection of related facts, or a pack of lies.

Furthermore, I will strive not to cherry-pick only those facts which suit my agenda.  As Joe Friday used to say, “Just the facts, ma’am.”

— Kilgore Forelle

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How Freedom Can Survive This Pandemic – With Your Help

There are not many possible outcomes in which humans become freer after the COVID-19 pandemic. Already Western governments (see: United States) are taking unprecedented powers and violating civil liberties on a mass scale, despite farcical mismanagement of the crisis. Countries already well along the authoritarian road are openly embracing dictatorship (see: Hungary) or violent suppression (see: the Philippines, China).

The stay-at-home orders and lockdowns have probably made you feel powerless to help fight either this pandemic or the emerging fascistic orders. But there is plenty we can do. This list is just a start:

Make yourself more resilient

Are you isolated? Very well. Become a stronger individual. Do things which will reduce your dependence on the people who would run your life.

  • Wear masks in public (and practice physical distancing): Protect other people from transmission of the virus by wearing a mask. You may be a carrier without having any symptoms. Stay at least 6 ft. away from others, and limit unnecessary travel. All the basics: don’t make things worse for yourself or others.
  • Stay fit: Eat well and exercise and monitor your own health.
  • Prepare for shortages: It’s a bit late in the game to “stock up”, but supplies of some things are still plentiful relative to supplies in a few weeks. Don’t hoard, but at least make sure you have enough for yourself and your family to avoid the bread lines.
  • Keep some cash: Having cash (rather than debt) right now will be a source of optionality. The more cash you have, the longer you can resist the dole.
  • Get good at doing things yourself: Whether you’re making a mask or raising chickens or building a home gym, you’re going to have to do a lot of things yourself, or else do without. You’ll have to fix a lot of things.
  • Learn self-defense, and get the tools for it: This virus will be making traditional police forces both weaker (due to sickness) and more dangerous (due to new levels of power and nosiness). You would be well advised to learn gun safety, get a gun, and maybe acquire some other self-defense skills (such as a martial art).

Strengthen voluntary communities

Even strong individuals will look outward for help. We can let them turn to dictators and/or bureaucrats, or we can make voluntary associations and the voluntary institutions of civil society strong enough to meet the demand.

  • Help your neighbors: Your neighbors will be suffering too, whether from loneliness or from actual need. Donate to your food bank, send food or supplies to your local medical workers, volunteer if you can do so safely, and bring groceries for your older neighbors.
  • Support small businesses: The more independent entrepreneurs survive this crisis, the fewer the people forced toward welfare-dependency, government work, or employment for the crony corporations.
  • Create value: Entrepreneurs who can build new technologies and businesses to help during this pandemic will be doing a great deal for freedom, even if they don’t speak about politics at all. Growth and innovation are their own arguments for liberty, and private initiative to solve social problems will be a clear counter-example to the corruption and incompetence of bureaucracy.
  • Make churches and community groups work well remotely: You must find a way to transition traditional mass gatherings into forms of peer to peer connections. Livestreams won’t be enough. People need interaction. Consider group video calls, group chats, email threads, etc. for the communities you care about, and keep interaction going.

Organize and foster dissenting voices

Shutdowns and lockdowns create perfect opportunities for petty tyrants to rule isolated individuals – unless we find each other online. We will have to organize regardless of the distance:

  • Connect with fellow freedom-lovers: Reach out to your friends, colleagues, and acquaintances who are likely to share a concern for political liberty. Find people you can trust and people who will be willing to stand alongside you in protest and even disobedience. There may be differing levels of interest or commitment as well as different ideological orientations – that’s fine. Work with people where they are, and build a coalition of people who care.
  • Share information: Watch and share important news about the pandemic and government overreach. Curate from many sources. Take the pandemic seriously and avoid fake news.
  • Speak out: I’m generally cynical on the value of political speech, but you never know how you might shift what someone else is willing to accept from their government. Say something. Share why bailouts are destructive of economic welfare, criticize police harassment of solo beach walkers, point out the illegality of business shutdown by state fiat, etc. Share how deregulation of a choked medical industry is helping, and how free people working together have often bested government solutions.

Prepare for active dissent and disobedience

More steps toward tyranny have happened in the past few weeks than have happened in a year, or so it seems. As economies quickly degrade and social unrest rises, governments will claim more power which they may use against dissidents in the name of safety. And if lockdowns on travel, free assembly, and free enterprise continue, civil disobedience will be both just and necessary (if more dangerous). So it’s not a bad idea to be prepared for further crackdowns by paranoid governments, as well as the risk of being libertarian in that eventuality:

  • Do the anti-surveillance basics: The surveillance state will probably take this opportunity to reveal itself fully. Make things harder for it, at least. Encrypt your chats using an app like Signal, encrypt your emails using PGP, and remember that your devices’ microphones and cameras might be watching/listening to you (block them if you can).
  • Reduce dependence on anti-privacy platforms: Platforms like Google, however well-intentioned, seem to have no qualms about making your data (location, etc) available to governments. Facebook certainly won’t mind turning over your communications if doing so can be justified by “the emergency.”
  • Reduce dependence on censorship-oriented platforms: Twitter recently announced its intention to remove tweets contradicting “expert” information about COVID-19, at a time when “experts” were still claiming that masks were ineffective (they now acknowledge masks’ usefulness). These platforms may continue to make terrible editorial/censorial decisions as economies .
  • Learn your legal rights: It has become a meme, but you should know how to challenge police officers for violation of the 4th amendment (and other rights). Consider the possibility that you may be arrested either for something as silly as going outside or for deliberate disobedience of business shut-down orders.

This pandemic will pass. The authoritarian gains made now will remain for a long time. But if we act early and often, we can thwart a lot of it, give the state some black eyes and PR nightmares, and maybe even eke out some victories for freedom.

Originally published at JamesWalpole.com.

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Micah Salaberrios: Fundamental Principles of Nonviolent Communication (23m)

This episode features author Micah Salaberrios, host of the Art of NVC podcast, from 2019. He examines 7 fundamental principles of Nonviolent Communication (NVC), which include: 1. No evaluations; 2. Authenticity; 3. Blame no one for your feelings; 4. When in doubt, express how you feel; 5. Feelings are one word; 6. Never imply someone else is wrong or bad; 7. No compromise. Purchase books by Micah Salaberrios on Amazon here.

Listen To This Episode (23m, mp3, 64kbps)

Subscribe via RSS here, or in any podcast app by searching for “voluntaryist voices”. Support the podcast at Patreon.com/evc or PayPal.me/everythingvoluntary.

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Yes, the COVID-19 Panic Does Call for Drastic Measures

As an old saying goes, it’s not the fall that kills you, it’s the sudden stop at the end.

The world’s politicians are innovating on the fly (pun intended) by trying to combine the fall — the COVID-19 epidemic — with the sudden stop, bringing life and commerce to a halt through draconian travel restrictions, business closures, etc.

We don’t yet know what the COVID-19 death toll is going to be. In the US,  based on current numbers, it looks like we’re going to see quite a few more deaths than occurred in the 9/11 attacks, more even than from the usual seasonal flu, but not nearly as many as predicted by the “I know the word exponential! I know how to draw a hockey stick on graph paper! Quick, hide under the bed, or COVID-19 WILL GIT YEWWW!” social media crowd.

What we’ve not yet seen is anything remotely justifying the declarations of dictatorship coming from politicians at all levels of government.

Everyone from mayors to governors to the president himself is getting in on the act, claiming authority to shut down businesses the politician doesn’t consider “essential” — and at the federal level to centrally plan and manage those businesses’ operations — to clear the streets of anyone and everyone whose activities the politician hasn’t listed as “approved,” etc.

On the back end, those same politicians are trying to figure out how to cushion the economic blow of their own authoritarian stupidity with bank and corporate bailouts, individual stimulus checks, and other voodoo rituals that threaten to turn a short, mild recession into a Greater Depression.

I do agree that the situation calls for drastic measures, and I have one to offer:

I propose a 90-day total quarantine, effective immediately, on all elected or appointed government officials.

By “total,” I mean they are to be restricted to their homes without telephone or Internet access, and physically restrained if they try to leave, have a communication device smuggled in, or speak to anyone through an open window.

As compensation (and to keep ringers from smuggling out proclamations), the taxpayers should provide for grocery delivery.

Three months without politicians exploiting panic to enhance their own power would reduce both the short-term death toll and the long-term problems of economic recovery.

Alternatively, we could all just start ignoring them and their edicts and get back to living again whether they like it or not.

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Freedom: Don’t Let Politicians Tell You to EARN IT

The Wile E. Coyotes of the Internet — US Senators Lindsey Graham (R-SC) and Richard Blumenthal (D-CT) — are sure that THIS time  they’ve finally found a made-to-order tool that can take out the Roadrunn … er, those meddling ki … er,  the First Amendment and  Section 230 of the Communications Decency Act.

Surely, they believe, their latest super duper special Acme rocket —  the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020,” aka “EARN IT” — will finally allow them to deprive you of access to the strong encryption that protects your privacy, so that they (and every hacker on the planet) can snoop on you at will.

Here’s the cartoon character genius and deviousness of the EARN IT Act:

It doesn’t actually OUTLAW strong encryption, nor does it REQUIRE companies to cripple their products with “back doors” for law enforcement.

All it does is create a commission to establish “best practices” for Congress to pass into law.

What could possibly be the harm in that? Well, the EARN IT act would deprive any Internet platform that doesn’t implement those “best practices” of its Section 230 protection from liability for content created by parties other than itself.

What kind of “best practices,” one might ask?

“Best practices” for protecting user security? Nope.

“Best practices” for protecting freedom of speech, promoting vigorous commerce in digital goods and services, etc.? Nope.

“Best practices” for “preventing, identifying, disrupting, and reporting child sexual exploitation.”

You had to know that these cartoon character politicians were going to pull yet another “for the chilllllllldren” gag, and they lay it on thick — the words “child” and “children” appear nearly 300 times in the bill’s text.

And you have to know that among the first set of “best practices” to come down the pike will be demands that platforms prang  encryption so that law enforcement can more easily read your emails, your text messages, etc.

If you’ve thought the matter through, you probably also know that the EARN IT Act and its associated “best practices” won’t prevent or disrupt child exploitation. The strong encryption genie has been out of the bottle for decades and no number or type of “best practices” can stuff it back in. People who have something to hide already have, and will continue to use, the tools they need to hide it. The only thing EARN IT will prevent or disrupt is your privacy and freedom.

Only the innocent and law-abiding among us would be affected by the EARN IT Act, and the effects on good and important things like freedom and privacy would be wholly negative.

Graham, Blumenthal et al. certainly know this too. Don’t let them trick you into thinking they’re just harmless idiots like Wile E. Coyote.

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