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A Breath of Fresh Air

Published in Blog on July 13, 2023 by John Campbell

So Sweet

"[Montesquieu wrote in Spirit of the Laws, VIII, c.12:] 'When once a republic is corrupted, there is no possibility of remedying any of the growing evils but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil.'" --Thomas Jefferson: copied into his Commonplace Book.

“Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” Miranda v. Arizona, 384 U.S. 436, 479-80 (1966) quoting Olmstead v. United States, 277 U.S. 438, 485 (1928) (Brandeis, J., dissenting).

BREAKING: Federal judge issues injunction against WH, govt. agencies on speech suppression 

From HotAir.com, July 4, 2023: “Happy birthday, America — and RIP to its newly erected ‘Ministry of Truth.’ That term comes directly from federal Judge Terry Doughty in the Western District of Louisiana, who issued an injunction a couple of hours ago that takes direct aim at the government-media censorship complex. Concluding that plaintiffs in the lawsuit have a strong likelihood of proving that the US government suppressed dissent — and particularly conservative dissent — Doughty ordered the Biden administration and its executive agencies to cease any coordination with social-media companies.”

From the ruling, “The Plaintiffs have presented substantial evidence in support of their claims that they were the victims of a far-reaching and widespread censorship campaign. This court finds that they are likely to succeed on the merits of their First Amendment free speech claim against the Defendants. Therefore, a preliminary injunction should issue immediately against the Defendants as set out herein. The Plaintiffs Motion for Preliminary Injunction [Doc. No. 10] is GRANTED IN PART and DENIED IN PART.”

Judge Doughty’s entire ruling may be found here.  Whet your whistle on this quote from it, “…the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”

Judge Doughty has yanked the leash of the crazed dog at its end. If that mutt fails to respond as commanded, there are other shocks that the plaintiffs could employ. In fact, I’m surprised that this wasn’t their first recourse, TITLE 18, U.S.C., SECTION 242, Deprivation Of Rights Under Color Of Law


Summary:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.


TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


A time machine of raw justice

As you can see, this legislation represents a bygone era when the federal government was expected to protect constitutionally guaranteed rights, not bring the whole power of the federal government to bear against them. Judge Doughty’s ruling is like a time machine of raw justice, a welcome attempt to restore the beleaguered rule of law in our land. 

Excuses abound for the behavior that his ruling condemns, e.g. “It’s for national security… it’s for your health… it’s for the greater good…” and so on and on. Therefore, your 1st Amendment rights must be subordinated to the priorities of those who would “keep us safe,” and anything posted to social media that’s not in service of these priorities must be seen as a threat to everyone’s wellbeing. The well-worn quote of Ben Franklin comes to mind: "Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety." 

From Missouri Attorney General Andrew Bailey, who brought the suit: The issue is that we have had wars, epidemics, depressions, and other disasters that have come and gone without having to suspend the Constitution to survive. Why would the 1st Amendment, of all things, be a threat to our collective health or national security? Well it can’t, that’s the point.

The STASI would be envious

Nowadays, for some reason, merely doubting the effectiveness of a hastily produced vaccine with experimental approval may result in government employees (or “former” employees) literally contacting Facebook and Twitter and other outlets to demand that posts that question the mainstream orthodoxy be suppressed. 


Many retired (or “retired”) employees of the FBI, CIA, etc. are employed directly by social media companies to censor posts deemed counterproductive to whatever federal initiative is being questioned or exposed as ineffective or unconstitutional. East Germany’s STASI would be envious. Come to think of it, Homeland Security hired former Stasi chief Markus Wolfe and former head of the KGB General Yevgeni Primakov. 

There’s no way to calculate (at this point) the number of posts affected, whether they were taken down, shadow-banned, or the author was de-platformed. The reader may wonder why someone losing his Twitter account over his reportage of the Russia Ukraine War should concern him. The answer is that our government is prohibited from doing so. That is the reason you, dear reader, should be concerned – even if you disagree with the content at issue. Obviously, tomorrow it could be you. 

The content in question shouldn’t matter to the feds per the 1st Amendment. If the post doesn’t call for violence or advocate any other clearly illegal activity, it’s not the government’s concern. Period. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

In spite of such clear language, we almost got an official national censor but for the outcry that ensued when she was appointed. 

Nothing will change if good men do nothing

There are no exceptions provided for. The rights protected by the Bill of Rights are not debatable, and must not take a backseat when the feds exceed their authority and breach your rights, that were given by God to His creatures, namely, human beings made in His image. Any man attempting to suppress your rights is equating himself with the God who bequeathed them to you. Judge Doughty’s ruling is historic, we’ll have to wait to see if those to whom it was directed, and their puppet masters, will be brought to heel. 

We stopped teaching the Constitution in public schools fifty or more years ago, so no one should be surprised that we have raised a bifurcated population, part of which has no fidelity to the Constitution, and the rest of which has little to no knowledge of it. This needs to change ASAP, but please be advised that nothing will change if good men do nothing.

Convention of States

Convention of States’ part in the battle for our nation’s soul is advocating an Article V convention of states to the legislatures of the fifty United States to amend the Constitution. This method bypasses our corrupt congress to reduce the scope and cost of the federal government to constitutional levels, enact a balanced budget amendment, and term limits for elected officials. Please sign our petition and look around on our web site.  I recommend clicking the tab labeled Resources at the top. We’ll keep fighting for you until you join us, then we’ll fight together. 

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