Supreme Court: the US Federal Government Can in Fact Regulate Private Company Editorial

Earl Warren

Earl Warren, left leaning Supreme Court Justice, ruled in favour of regulating private corporate speech to be fair to all sides.

The recent decision by the Trump administration to collect evidence of political bias at social media companies is to be welcomed. However it has led to gloating on the Left, and concerns on the Right about the legal issues. The First Amendment to the United States Constitution, it is said, prohibits interference by the Federal Government or by Congress. Rubbish! The Supreme Court has already upheld such legislation, and not even the recent, Conservative leaning Supreme Court but the Left-leaning activist Warren Court. I am speaking of course, of the FCC Fairness Doctrine (archive).

The Fairness Doctrine was a rule imposed on early, analog, radio broadcasters as well as television broadcasters. Because there were few radio television channels, they operated as gatekeepers to the national political conversation. As a result, over a number of cases the Federal Communications Commission (FCC) began treating them somewhat like utilities.

The Mayflower Doctrine was a ruling of the FCC in 1941 that radio stations were prohibited from editorialising in matters of news or politics for fear that they would otherwise simply be used to propagandise on behalf of Conservative business owners. It was superceded by the later, ‘Fairness Doctrine’. The rule required that broadcasters dealing with controversial issues present both sides, grant equal time to both sides and give those publicly criticised the opportunity to respond.

Eventually, a company called Red Lion Broadcasting challenged the rule and the litigation made its way to the Supreme Court. Which ruled unanimously in favour of the FCC. The full case name is, Red Lion Broadcasting Company, Incorporated, et al. v. Federal Communications Commission, et al. and the court’s opinion can be found here.

HELD (amongst other things) – The fairness doctrine and its specific manifestations in the personal attack and political editorial rules do not violate the First Amendment.

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James Vaughan, Nick Long, Joanna Harding and Councillor Fiona Thomson: Welwyn-Hatfield’s Appalling Taxi Team

FionaThomson

Conservative Councillor Fiona Thomson has upset taxi drivers and commuters. She presides over the council’s appalling Hackney Carriage (taxi) team.

As a loyal Conservative, I would find it hard to vote for anything else. I can think of few things worse for Welwyn-Hatfield than a Labour-run council. When I was a Labour councillor (before I became a Conservative), the council was just recovering from a Labour administration that took the council £3 million over budget and which Conservative John Dean’s leadership of the council had to rectify. Even so, in my recent interactions with Welwyn-Hatfield’s taxi team they have fallen well short of what I would expect at every level, failing to deal adequately with serious allegations of systemic racism and maladministration.

As we approach the elections, Conservatives hope to rely on the support of small business, such as taxi drivers. In Welwyn-Hatfield unfortunately they are demonstrating outside the council offices (archive). Why? The (Conservative) County council has come up with an ill-conceived plan to move the taxi rank away from the station where it currently rests. The Borough council has been asked to oppose the plans and it is far from clear on where it stands. Conservative Executive Member Fiona Thomson said it would be “inappropriate to comment”. Because alienating a core vote is exactly what we want before local elections.

According to an article in the Welwyn-Hatfield Times, Labour PPC for Welwyn-Hatfield Rosie Newbigging “warned of risks to elderly, frail and disabled people who would have to cross a busy road to get a taxi”. I think Ms Newbigging is ignoring other important groups. What about well-nourished Conservative law bloggers? When I stagger out of the train station full of foie gras and scotch why should I have to walk further? Commuters are an important vote too!

But the controversy is only the tip of the iceberg. I was recently asked to provide pro-bono support to a taxi driver who was being accused of license misconduct. In fairness, he admits to overcharging, albeit he says that it was in error. It is likely this is true as he gave receipts. I did agree to an initial look at the papers. Suspiciously, the council had not sent the driver a transcript of an interview they had with him under caution (under the Police and Criminal Evidence Act 1984, usually known as PACE). When I became involved it was only 6 days before the hearing. When the driver emailed the council and consented to a copy being sent to me, council officer Cheryl Bridges claimed she could not give it to me because of “data protection” even whilst admitting to having the consent in front of her.

When I finally received the interview transcript (after further representations) it read like something from Blackadder. The driver had admitted he had charged extra because he had to drive a long way to collect the customer. In reply, Hackney Carriage Officer James Vaughan said this, “So the more vulnerable the customer is the more you can charge them, is that how it works?”. He literally invented an allegation of predation on the spot and out of whole cloth.

The irony is of course that the taxi driver is a vulnerable Muslim migrant with English good enough to run a taxi but not well equipped to protect himself from a jumped up, wannabe-traffic cop like Vaughan. The person who had complained about the driver had produced a witness statement referring to two incidents, one to which there was an independent female witness. The officers had not contacted her. I did. Her evidence points to the driver being a kindly man (if not well educated) dealing with a rude and frightening customer.

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Patreon Banned Sargon Yet CEO Jack Conte Allowed Distribution of Illegal Child Pornography and Laundering of the Proceeds

JackContePomplamoose

This is Jack Conte, the CEO of Patreon and half of musical duo Pomplamoose. He knowingly profited from the distribution of paedophile bestiality fetish material, as well as sexual material related to cannibalism. Image released under CC BY-SA 2.0 for commercial use. Image by Joe Loong on Flickr. License linked here. Click for full size.

Carl Benjamin (Sargon of Akkad) was banned from Patreon this month for comments not made on the platform. This appears to contradict Patreon’s own statements and some of its actions may arguably violate several laws including the European General Data Protection Regulation (GDPR). That is not just an academic problem, because according to its public website Patreon has a business entity in the UK (archive) – Patreon DLC, Ltd. 8 Soho Square, London, Greater London, W1D 3QL. Sargon could (and arguably should) take action on it. Before I turn to that issue though I would like to remark upon the matter of Patreon ands its CEO Jack Conte knowingly allowing the distribution of illegal child pornography on the platform – at least until I asked VISA and MasterCard to investigate.

I first took a journalistic interest in Patreon last year in my first article and it is worth a brief recap. Lauren Southern, beautiful and extremely capable Canadian journalist had been banned for allegedly endangering the lives of refugees. Incidentally Lauren has now been vindicated – a ‘sting’ recording made on her behalf of an NGO official has proven her correct (archive). Many of the alleged ‘refugees’ were in fact fraudulent migrants facilitated by unscrupulous ‘charity’ workers who groomed them to lie. The only people endangering lives were those helping them make dangerous sea crossings to, at best, an uncertain welcome.

However, my interest arose from the illegal content available on the Patreon platform. A whistleblower sent me a link to the page of a creator called, ‘Waysin’. The page showed a number of censored and blacked out cartoon style drawings of young, underage boys and tentacles. The images were legal, but it was made clear that for a fee the user could view the images without censorship – that is pictures of clearly underage pre-teen boys being bestially raped by tentacles. Such images are criminal to produce, distribute or possess in many states, including Taiwan where the creator of the material said that he lives. For bonus points, Waysin said openly on the public page that he knew the images were illegal in his jurisdiction. Needless to say, I reported the page to Patreon. I did not view the private section – for the avoidance of doubt no unlawful images were viewed or downloaded preparing this article.

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Patreon knowingly allowed a user to distribute sexual material related to children that was illegal in the jurisdiction of the user. They allowed them to literally launder the money via Patreon. This account was drawn to the attention of Patreon and Jack Conte personally, but not removed – at least until I involved executives of the payment networks. Click for full size.

The point of time when I made the report is where things become … appalling.

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Bakers Who Refused Gay Message Cake in Supreme Court Win – In Britain

England’s Supreme Court has handed a victory for free speech to a Northern Ireland bakery that refused to bake a cake with a political slogan. In Lee (Respondent) v Ashers Baking Company Ltd and others (Appellants) (Northern Ireland) [2018] UKSC 49, the court held that refusing to bake a cake with a slogan saying, “support gay marriage” was not discrimination. It further held that requiring them to do so would breach their fundamental Human Rights.

A Scary Legal Hammer

Lawyers.

The case is important because the Supreme Court of the United Kingdom is considered to be far more left wing than the Supreme Court of the United States, but it accepted the arguments against compelled political speech the US Supreme Court avoided and indeed went way, way further. The unanimous (not split) court judgement, delivered by Lady Hale, is here.
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Persecuted Bakers Vindicated in United States Supreme Court

I am entitled to equal rights under the Equality Act 2010. Does that mean I should be able to go into a local halal or kosher butcher and demand a pork chop? Should I be able to demand the local LGBT t-shirt and craft shops print me a t-shirt with Leviticus 18:22 spelt out in rainbow colours? A similar question was asked of Christian bakers who disagree with gay marriage for religious reasons and were asked to spell out a message contrary to their fundamental beliefs. Now the cake shop owner who stood up for their religious beliefs has been vindicated in a historic 7-2 victory in the United States Supreme Court. The ruling bucks a sinister left-wing trend to compel conduct, with extreme social justice warriors recently arguing for compelled sex under discrimination laws.

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This Wedding Cake bears a message – which may amount to protected speech for the purpose of the 1st Amendment to the United States Constitution.

Masterpiece Cakeshop v Colorado Civil Rights Commission is a pivotal case in United States jurisprudence. In 2012 the eponymous cake shop was visited by two homosexuals who wished to get married and asked for a custom cake. The owner refused to create a custom cake as they felt it would violate their Christian faith, although they were welcome to buy any other standard goods in the shop.

The couple sued successfully in the Colorado Courts but yesterday the Supreme Court overruled. The arguments used and the reasons given were extremely technical and worth examining in detail.

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Alt Hero Arrives and it is Good

Alt-Hero 1: Crackdown cover featuring Captain Europa and Dynamique

Alt-Hero 1: Crackdown cover featuring Captain Europa and Dynamique.

Vox Day’s eagerly awaited crowdfunded comic has finally made its debut with Issue 1 – Crackdown and it is a promising start.

Alt-Hero was offered to fans on Freestartr with a sales pitch that it would be a be a challenger and eventually a replacement for Marvel and DC on the basis that those organisations have become, “SJW-converged”. Many fans perceive the output of the major comics publishers as having declined in quality in recent years whilst clumsily pushing increasingly extreme far left views.

Vox Day set out to prove there was a market for an alternative and did so in spades. His initial campaign asked for $25,000. He made nearly ten times that – Alt-Hero raised $235,900. Like Kickstarter, Freestartr allows creators to specify a variety of awards levels including one which begins, “This is for those who could not care less about comics, but enjoy tormenting SJWs and would enjoy the privilege of triggering them […]” How could anyone resist? I went for one of the higher tiers because (a) LOL, (b) LOL and (c) Vox Day has a history of delivering quality product, albeit sometimes with delays.

Although I supported the campaign, I did so with reservations. I like much of Vox Day’s work and that of Castalia House – Mutiny in Space by Rod Walker for example. Mutiny has an eerily accurate portrayal of the far left – and its depiction of a ‘Social Party’ meeting reminded me all too uncomfortable of my youthful attendance at Labour Party meetings before I became a Conservative. However Vox can push too hard sometimes to his own detriment. Fortunately so far Alt-Hero has remained pitch-perfect satire.

WARNING – Spoilers after the Break

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After Speaker’s Corner, Tommy Robinson Should Man Up and Sue

TommyRobinson

Tommy Robinson – I do not agree with him, but he should not be silenced in this way.

I do not agree with the EDL. I am a Conservative and I do not agree with everything Tommy Robinson says. However, the destructive attempts to undermine his rights to free speech by preventing him speaking at Speaker’s Corner threaten our democracy. Even Marx and Lenin were allowed to speak at Speaker’s Corner. Yet, Robinson was stopped by police and non-UK activists Lauren Southern, Brittany Pettibone and Martin Sellner were denied entry to the United Kingdom.

The law is set up so police can get away with low grade intervention – that is, talking to people and asking them to do things not technically within their powers. However, now the authorities are clearly overreaching and Robinson, Southern et al should sue.

UK police often seek to use persuasion to resolve problems. Some are reasonable but others go too far – often under pressure themselves from politicians or others. Police will invent imaginary powers or exercise real ones with willful perversity. Such actions tend to evaporate in the face of a complaint and letter of claim, particularly if you are reasonable and keep your temper. I usually do not name police officers because when they overreach it is often in the face of a powerful complainant. For example last month barrister and MP Ellie Reeves complained about a media inquiry I sent her. After discussion, police took no further action and silence descended from Reeves.

There are those who will be instinctively hostile to Tommy Robinson. They need to realise how dangerously far the envelope of free speech in Britain has been restricted. Robinson’s views on transgender persons are more liberal than the hundreds of Labour Party feminists who are threatening to resign if the Labour NEC allows male-bodied-persons on all-women shortlists. He is more liberal on Islam than the Women’s March 2018 who walked through London to protest the encroachment on their rights, “Feminists March against Sharia Law, Gender, and Patriarchy”. He is more moderate on Islam than the LGBT group, “Gays Against Sharia”. Continue reading

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Lauren Southern, Brittany Pettibone and Martin Sellner Denied Entry to UK – Can they Bring a Judicial Review? (Yes)

LaurenSouthern

Conservative Commentator Lauren Southern – Image via Wikimedia Commons, CC-BY Unported License.

In a further recent example of the increasingly sinister interference with free speech demonstrated by the United Kingdom authorities, Conservative activists Lauren Southern, Brittany Pettibone and Martin Sellner have been denied entry to the United Kingdom. Whilst I disagree with some of their policies, some points they raise are valid and critically they are peaceful political critics who do not advocate violence. Persons denied entry to the UK are frequently told that they have no right of appeal. However, it is possible to bring a judicial review or claim under the European Convention on Human Rights, which may be appropriate in this case.

In the UK, sinister attempts to use criminal law against political opponents are on the rise. In 2015 I received a written apology from the police. They had given me a police information notice for harassment, but it was revoked when I served a letter of claim and a police complaint. The apology and formal rescinding of the PIN is at the bottom of my article here.

Last month I wrote an article about Labour’s Ellie Reeves MP entitled, “Ellie Reeves MP and the Corpses of Children”. Ellie Reeves contacted police and accused me of harassment. I received a call from a Police Constable but as the article relates, no action was taken and after a brief discussion with the Detective Inspector, it was confirmed in writing that no action would be taken and no harassment warning was given.

Last week Brittany Pettibone, Lauren Southern and Martin Sellner were banned from the United Kingdom using poorly written official notices. Of particular concern, Southern was detained under under section 7 of the Prevention of Terrorism Act 2000. Ms Southern intended only to interview a controversial political figure, Tommy Robinson.

As a Conservative I do not necessarily agree with their views but it has to be said of each of them that they have specifically repudiated violence and promote their concerns via lawful democratic means. The intended interviewee, Tommy Robinson was a founder member of the English Defence League (EDL) but he left it because of extremism.

The criticisms they raise of militant Islam are similar to those raised by UK newspapers, the National Secular Society and indeed numerous feminist women’s rights groups who fear that women will be treated poorly under Sharia law as per this YouTube video, “Feminists March against Sharia Law, Gender, and Patriarchy”, from the Women’s March 2018.

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Ellie Reeves MP and the Corpses of Children

Last year Ellie Reeves MP was one of a number of current and former politicians of all parties asked to help with a bipartisan campaign against a hate group targeting children. Ellie Reeves, who is associated with right-wing faction Labour First, alone ignored the requests. Subsequently two children were brutally murdered. I sent Reeves a draft article about it and she complained to police claiming my media inquiries were harassment. Initially I was spoken to by a PC but when I politely explained she had never replied to object to contact, other than automated emails, a DI wrote back confirming no formal action would be taken (including no harassment warning). The police do not consider this article a criminal matter. I will not name the officer or force and note that I am active around the country in different places. Statements to police are privileged but if she repeats any such allegations in public, I am likely to bring defamation proceedings.

EllieReeves

Ellie Reeves MP. Official Parliamentary photo released under CC-BY-SA 3.0 license.

I remember Ellie Reeves from 20 years ago, when we were both Labour Students. So, last year when I discovered she and other mutual acquaintances had been targeted by trolls I got in touch and offered my assistance. Sadly, my attempt at bipartisan cross-party kindness was not returned.

Ellie Reeves was asked to assist in a cross-party campaign against a hate group that targets children. Grant Shapps MP (Conservative) agreed to assist, John Hemming (Liberal former MP) agreed to assist and even Brendan Cox (Labour) had agreed. Ellie had not replied – except automated emails. Grant even wrote to me saying he had tried to find her in the Commons but not been able to get hold of her.

I emailed Ellie Reeves on 9 November 2017. I sent her a couple of reminders warning her children were being targeted. Margaret Pless, a left wing American writer wrote to her on 11 November 2017 and on 7 December 2017, two children were murdered by a member of the hate group, William Atchison, who walked into a school and started shooting. Ellie had been under no obligation to assist, but she was the only person who totally blanked us. As I said I remember her from University but there was no ill will between us as far as I know (except I had joined the Conservatives).

The campaign Reeves had opted out of was to eliminate a trolling forum called Kiwi Farms. Kiwi Farms, which is owned and operated by former Florida resident Joshua Conner Moon states that its goal is “gossip” and “exploitation” of the mentally handicapped.

The forum essentially targets vulnerable people, celebrities and its opponents for cyber-stalking. This includes collecting images of victims’ children. On a satellite board also owned by Moon, members also distributed paedophile-murder-rape stories about pre-teens of the same age. Moon has a detailed knowledge of the law relating to sex crimes and realized that stories about child rape, unlike photographs, are not illegal to possess. Therefore Moon allowed a board called, ‘/phile/’ on his website 16chan for the distribution of child rape stories.

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Child Abuse Controversy Author Judith Newman Shares Tweet About Bombing Israeli Donald Trump Train Station

Controversial Harper Collins Author Judith Newman is presently embroiled in a storm over alleged abuse of her son. Now she has invited further outrage by sharing a tweet about potential bombing of an Israeli train station if it is named after Donald Trump.

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Judith Newman in 2013. This woman literally uses her repeated re-reading of a lurid passage from paedophile molestation story “Lolita”, her admitted “favorite” 20th century novel, as an analogy to her son’s interest in escalators. Source – Wikipedia commons. CC-BY-SA-3.0.

Judith Newman was first covered by MHN yesterday in relation to her book, which discusses her underage children in excruciating detail including detailed comment one son’s penis and foreskin and both of their porn viewing habits. She also announces she intends to obtain power of attorney over her autistic son Gus for the purpose of having him sterilised. Newman also states that her “favorite” 20th century novel is infamous tale of pedophile obsession and abuse, “Lolita”.

Predictably, the book’s disturbing content has led to criticism of Newman, executives at Harper Collins and numerous negative reviews even with Amazon restricting them to verified purchasers. Details of email contact details for complaints are included in my last article. This is well worth reading for newcomers as it deals in more detail with the sexual concerns.

Another group of people who may wish to complain are Trump supporters, about this tweet (archive) –

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Doubling down, Judith Newman shared this troubling tweet. Click for full size.

The tweet is capable of multiple interpretations, all of them problematic. At its most benevolent it could be taken as meaning that in the febrile environs of the Middle East naming a station after a divisive leader could make it a target. Unfortunately, unstable individuals and members of violent extremist groups like Antifa could interpret it as encouraging violence. More generally the use of excessive hyperbole is one of many contributors to our current highly polarised society. Continue reading

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