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Censorship Industrial Complex

California judge: first grader too young for free speech rights, family appeals

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From The Center Square

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As you read this keep in mind, she’s 6.

The mother of a first grader punished for handing an “innocent” drawing with the phrases “black lives matter” and “any life” to a classmate of color is appealing to the Ninth Circuit Court of Appeals after a lower court ruling  declared first-grade students are too young to be protected by the First Amendment. 

After a first grade lesson on Martin Luther King Jr. and Black Lives Matter, a student who felt bad for her classmate of color drew a picture for that classmate to allegedly help the classmate feel more included. The picture had the phrase “Black Lives Mater” (sic) above “any life,” with a picture below of four circles of different colors — which the author says represented her and three classmates holding hands. The student thanked the author for the drawing and took it home, after which the recipient’s mother reported the drawing to the school’s principal “to express concern that her daughter was being singled out for her race.” 

The school’s principal, Jesus Becerra, allegedly concluded that writing “any life” was “inconsistent with values taught in the school but acknowledged that [author’s] motives were ‘innocent.’” The recipient’s parents agreed the author innocently drew the picture and that they did not want the author punished, but Beccara allegedly declared the drawing “racist” and “inappropriate,” and submitted the first-grade author to punishment. 

Becerra forced the author to apologize to the recipient for the drawing — to which the recipient allegedly expressed confusion upon receiving, leading to more confusion from the author. He also banned the author, a student “who loved to draw,” from drawing and giving pictures to classmates, and teachers banned the author from recess for two weeks without telling her why. 

According to Transparent California, Becerra received total pay and benefits of $207,678.20 in 2022 as elementary school principal at Capistrano Unified School District. 

After the author’s mother found out about the punishment a year later, she requested an explanation and an apology from the school, escalating until filing a suit in federal court. The school district claimed Beccara was operating under qualified immunity against the author’s First Amendment and retaliation claims. A federal district court ruled on behalf of Beccara, finding that first grade students are not protected by the First Amendment.

“Giving great weight to the fact that the students involved were in first grade, the Court concludes that the Drawing is not protected by the First Amendment,” wrote the court, citing a U.S. Supreme Court ruling finding “schools may restrict speech that ‘might reasonably lead school authorities to forecast substantial disruption of or material interference with school activities’ or that collides ‘with the rights of other students to be secure and let alone.” 

The court also said the phrase “any life” was close to the phrase “All Lives Matter,” which it said is “an inclusive denotation but one that is widely perceived as racially insensitive and belittling when directed at people of color” in its justification for Beccerra’s actions. 

The case’s appeal claims Beccarra’s punishment of the author counts as retaliation for actions protected under the First Amendment, and that says first grader’s speech is protected under Tinker v. Des Moines Indep. Cmty. Sch. Dist, a United States Supreme Court ruling that says “First Amendment rights … are available to teachers and students,” who do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” 

The appeal from the Pacific Legal Foundation says the lower court incorrectly found the author’s speech fell under Tinker’s First Amendment exemptions for speech at school that infringes on another student’s right to be left alone with regards tobullying, or causes “substantial disruption.” 

The case now awaits a hearing and ruling from the Ninth Circuit, which should occur within a year.

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Brownstone Institute

Freedumb, You Say?

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From the Brownstone Institute

By Gabrielle Bauer 

“Authorities have attacked, detained, prosecuted, and in some cases killed critics, broken up peaceful protests, closed media outlets, and enacted vague laws criminalizing speech that they claim threatens public health”

Didn’t give much thought to freedom until four years ago, at age 63. Freedom was just there, like the water surrounding a goldfish. And then the Covid-19 pandemic blew in, the world locked down, and admonitions to “stay the ‘$^#&’ home” blazed through social media. No freedom was too important to discard in the name of public safety: jobs, family businesses, artistic endeavours, public meetings, social connections that kept despair at bay, all took a backseat to the grim business of saving grandma (who ended up getting Covid anyway). No discussion of moral or practical trade-offs, no pushback from the press, nothing. It felt wrong to me on a cellular level.

Apparently I was the only one in my middle-class liberal circle to harbour misgivings about this astonishing new world. If I tried, ever so timidly, to articulate my concerns on Facebook or Twitter, the online warriors shot back with a string of epithets. “Go lick a pole and catch the virus,” said one. “Crawl back into your cave, troglodyte,” said another. And my all-time favourite: “You’re nothing but a mouth-breathing Trumptard.”

From the get-go, I perceived Covid as more of a philosophical problem than a scientific one. As I wrote on more than one occasion, science can inform our decisions, but not dictate them. What ultimately powers our choices are the values we hold. I saw Covid as a morality play, with freedom and safety cast as the duelling protagonists, and it looked like safety was skipping to an easy victory.

It was a heady time for the health bureaucrats, whose increasingly arcane rules betrayed a naked impulse to control: the Canadian high-school students required to use masks on both their faces and their wind instruments during band practice, the schoolchildren forced (for hygiene reasons) to study on their knees for hours in an Alaska classroom, the “glory-hole” sex advised by the British Columbia Centre for Disease Control. The lack of public pushback against these absurdities heightened my awareness of the fragility of our freedoms.

One of the earliest memes to surface during the pandemic was “muh freedumb.” The locution became a shorthand for a stock character – a tattooed man wearing camo gear and a baseball cap, spewing viral particles while yelling about his rights. A selfish idiot. The memes kept coming: “Warning, cliff ahead: keep driving, freedom fighter.” “Personal freedom is the preoccupation of adult children.” Freedom, for centuries an aspiration of democratic societies, turned into a laughing stock.

Eventually, pro-freedom voices began trickling into the public arena. I wasn’t alone, after all. There were others who understood, in the words of Telegraph writer Janet Daley, that the institutional response to Covid-19 had steamrolled over “the dimension of human experience which gives meaning and value to private life.” Lionel Shriver decried how “across the Western world, freedoms that citizens took for granted seven months ago have been revoked at a stroke.” And Laura Dodsworth brought tears to my eyes when she wrote, in her 2021 book A State of Fear, that she feared authoritarianism more than death.

Once the vaccines rolled out, the war on freedom of conscience went nuclear. If you breathed a word against the products, or even the mandates, you were “literally killing people.” The hostility towards the “unvaxxed” culminated in a Toronto Star front page showcasing public vitriol, splashed with such sentiments as: “I honestly don’t care if they die from Covid. Not even a little bit.”

This, too, felt viscerally wrong. I knew several people who had refused the vaccine, and they all had well-articulated reasons for their stance. If they didn’t fully trust the “safe and effective” bromide recycled by all government and pharmaceutical industry spokespeople, I could hardly blame them. (And I say this as someone who writes for Big Pharma and got five Covid shots.)

One of the most deplorable casualties of Covid culture was freedom of expression, a core principle in the United Nations’ Universal Declaration of Human Rights. Experts speaking publicly about the harms of lockdown faced systematic ostracism from mainstream media, especially left-wing news outlets. By early 2021, Human Rights Watch estimated that at least 83 governments worldwide had used the Covid-19 pandemic to violate the lawful exercise of free speech and peaceful assembly.

“Authorities have attacked, detained, prosecuted, and in some cases killed critics, broken up peaceful protests, closed media outlets, and enacted vague laws criminalizing speech that they claim threatens public health,” the group wrote in a media release. “The victims include journalists, activists, healthcare workers, political opposition groups, and others who have criticized government responses to the coronavirus.”

But what about misinformation? Doesn’t it kill people? Newsflash: misinformation has always existed, even before TikTok. It’s up to each of us to sift the credible folks from the cranks. The best defence against misinformation is better information, and it’s the policy wonks’ job to provide it. Modern science itself depends on this tug-of-war of ideas, which filters out weaker hypotheses and moves stronger ones ahead for further testing.

Besides, misinformation comes not just from cranks, but from “official sources” – especially those tasked with persuading the public, rather than informing it. Remember when Rochelle Walensky, former director of the Centers for Disease Control and Prevention in the US, asserted that “vaccinated people do not carry the virus?” Or when Anthony Fauci maintained that getting vaccinated makes you a “dead end” in the chain of transmission? I rest my case.

The marketplace of ideas is like a souk, with a lot of hollering and arguing and the odd snatched purse – and that’s exactly how it should be. It’s an ingenious and irreplaceable process for getting to the truth. There are few ideas too sacrosanct to question or too ridiculous to consider. That’s why, unlike just about everyone in my left-leaning circle, I take no issue with Elon Musk’s shakedown of the old Twitter, now the Wild West of X.

Under Musk’s algorithms, my feed has become a true philosophical souk, with wildly disparate views smashing into each other, leaving me to sift through the rubble in search of a gold nugget or two. Love him or hate him, Musk offers a much-needed counterweight to the ideological lockstep in much of the mainstream media. And when it comes to free speech, Musk has put his money where his mouth is: when media personality Keith Olbermann recently hopped on X, where he boasts a million followers, to call for Musk’s arrest and detainment, Musk made no move to censor him. Works for me.

While the “old normal” has thankfully returned to our daily lives, save the odd mask in a shopping mall or subway car, the stench of censorship that blew in with the pandemic has yet to dissipate. An obsession with disinformation permeates the zeitgeist, spurring lawmakers in several Western countries to censor the flow of thoughts and ideas that gives a free society its pulse.

We cannot excise personal freedom from a democratic society, even in the interests of the “public good,” without poisoning the roots of democracy itself. Article 3 of UNESCO’s 2005 Universal Declaration of Bioethics and Human Rights states this plainly: “The interests and welfare of the individual should have priority over the sole interest of science or society.” In our post-pandemic reality, the statement seems almost quaint. Nonetheless, it expresses an enduring truth: that a democracy must never discard the idea of freedom – even in a pandemic.

Freedom desperately needs a comeback from its current incarnation as an expendable frill. In my own small way I’m trying to make this happen: never much of an activist before Covid, I’m now part of a small group preparing to launch a Free Speech Union in Canada, modelled after the highly successful one in the UK. The organisation will offer legal advice to individuals facing censorship, cancellation, or job loss because of their words. I look forward to supporting people caught in this anti-freedom web, including those whose words I heartily disagree with.

My newfound respect for free speech is also what propels me to keep talking about Covid. The response to the pandemic exceeded the bounds of public health, and we need to expose the forces that drove it. Here’s Daley again: “The world went crazy. There is no other way to account for what was an almost nihilistic dismantling not just of particular liberties and rights, but of the very idea of liberty.” We can’t let it happen again.

Republished from Perspective Media

Author

Gabrielle Bauer is a Toronto health and medical writer who has won six national awards for her magazine journalism. She has written three books: Tokyo, My Everest, co-winner of the Canada-Japan Book Prize, Waltzing The Tango, finalist in the Edna Staebler creative nonfiction award, and most recently, the pandemic book BLINDSIGHT IS 2020, published by the Brownstone Institute in 2023

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Censorship Industrial Complex

Will Trump’s Second Chance Bring Justice for Edward Snowden?

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Snowden has been indicted as a “spy” and is considered to be one by many, even though the revelations from the leaked documents were not handed to another country, but publicly released to benefit the rights of the citizens of his own.

If some of the key picks for President Donald Trump’s cabinet have their way, Edward Snowden might finally get pardoned.

Administrations have been coming and going over the past more than a decade in the US. Still, Snowden, an NSA whistleblower who opened the eyes of Americans – and the rest of the word – to the shocking scale of mass surveillance and personal data collection perpetrated by the agency, is still in exile.

That’s because in his country, instead of being honored like, say, Daniel Ellsberg of the Pentagon Papers, Snowden is still treated as a fugitive from justice.

Snowden has been indicted as a “spy” and is considered to be one by many, even though the revelations from the leaked documents were not handed to another country, but publicly released to benefit the rights of the citizens of his own.

This is something that Donald Trump clearly took into consideration when he was “close” to pardoning Snowden near the end of his first stint in office. However, that eventually didn’t happen, but now, a number of figures likely to hold top positions in the new US administration think the time has come.

Among them is Robert F. Kennedy Jr., who Trump wants as his Health and Human Services secretary. Another is Donald Trump Jr., who is also in favor of pardoning several other whistleblowers, and a candidate for Director of National Intelligence Tulsi Gabbard, who has long espoused a similar stance.

The man who originally helped Snowden publish his revelations, lawyer, and journalist Glenn Greenwald, thinks it makes perfect sense for Trump to this time go ahead and pardon Snowden, not least since some of the abuses the whistleblower exposed in 2013 have in the meantime affected the president as well.

“And if Trump’s goal is to bring transparency to those agencies there is no one who has done that more bravely and honestly than Snowden,” said Greenwald, who in 2013 worked with several major newspapers in the US and around the world to bring the Snowden files to the public.

Some of those newspapers – the Washington Post and the Guardian even won the Pulitzer Prize for Public Service.

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