Reason Roundup

These Big Tech Bills Are Unconstitutional. State Lawmakers Don't Care.

Plus: Problems with the PRO Act, what libertarian feminism isn't, and more...

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Unconstitutional social media proposals abound. Utah lawmakers have approved a bill to micromanage how social media companies moderate content and punish those whom the state determines to be doing it wrong. The legislation "clearly violates the 1st Amendment, the Commerce Clause, and is also pre-empted by Section 230," points out Mike Masnick at Techdirt.

Some might chalk this up to politicians being clueless about the internet, or at least about the laws governing it. But no—it seems they've simply caught the bug infecting elected officials at the state and national levels, wherein bills are meant to send messages and act as press releases for their sponsors' beliefs rather than actually be workable plans for governing.

Sponsored by state Sen. Mike McKell (R-District 7) and Rep. Brady Brammer (R–Pleasant Grove)*, S.B. 228 "requires social media platforms to clearly state their content moderation policy, and inform Utah users within 24 hours when they run afoul of it. There's also a requirement that those companies provide an appeals process for Utah account holders," The Salt Lake Tribune explains.

Additionally, the bill allows Utah users who feel they have been treated unfairly to make a complaint to the Utah Division of Consumer Protection, which can refer the matter to the Utah attorney general. There's also a mechanism for the attorney general to take civil action against the social media company that may result in a fine of up to $1,000 per consumer.

Utah legislators were warned by the state's Office of Legislative Research and General Counsel about why the bill won't fly. And during a debate about the bill, some Utah lawmakers—both Republican and Democrat—even addressed these concerns:

"Do public free speech requirements apply to your private property?" asked Rep. Ryan Wilcox, R-Ogden, rhetorically. "We choose voluntarily to participate on these platforms. When we do that, we don't get to dictate the terms of our engagement on their property. We can't pretend that it's something else until it's owned by the public."

"What we are talking about here are large, private forums that are free to moderate themselves and to put up what they want to put up and censor and kick off those people they choose to," added House Minority Leader Brian King, D-Salt Lake City. "If we pass this bill, the Utah taxpayers are going to pay large amounts of money to defend the constitutionality of this bill against a lot of large entities that have many resources."

Still, the bill passed the Utah House at a vote of 39-35. It had already passed the Senate.

The move comes as Utah lawmakers also gave final approval to a bill saying phones must come pre-installed with anti-porn filters. During the debate about that bill, proponents admitted that they knew the bill had constitutional concerns and didn't care.

Regardless of legality issues, "it does send a strong message," state Sen. Todd Weiler (R–Woods Cross) said.

Advocates are pushing both porn-filter bills and measures to dictate online content moderation policies in states across the country, and some lawmakers have been taking the bait. The latter have sprung up in states including Arizona, Florida, Kentucky, Oklahoma, and North Dakota, backed by Republicans riding the Trumpian trend of telling their bases that big tech companies are out to get conservatives.

But as Techdirt notes, it's not just Republicans pushing unconstitutional internet proposals:

Over in Colorado, Colorado Senate president pro tempore Kerry Donovan would seek to force companies to moderate "hate speech," "fake news," and "conspiracy theories."

The full bill is really, really bad. Websites would need to register (for a fee) with a "digital communications commission" in Colorado, and that Commission would accept complaints against social media websites if they were used for hate speech, undermining election integrity, disseminating intentional disinformation, conspiracy theories, or fake news. There's a big problem with this: most of that is protected under the 1st Amendment….

As Eugene Volokh notes, beyond the fact that all of this is pretty clearly unconstitutional, the bill doesn't even bother to define "hate speech." Or "undermine election integrity." Or "fake news." Or "conspiracy theories." Or "intentional disinformation."


FREE MINDS

Deconstructing myths about libertarian feminism. My friend/Feminists for Liberty co-conspirator Kat Murti and I have launched a video series addressing various facets of libertarian and/or feminist ideology. Here's the first episode, where we explain what Feminists for Liberty is and why we launched it. Check out our second episode, on what libertarian feminism is and isn't, below:


FREE MARKETS

Democrats are trying to take California's bad gig economy bill (A.B. 5) nationwide. From Reason's Scott Shackford:

A.B. 5 ended up hitting thousands upon thousands of freelance jobs in the market, from writers to musicians to real estate agents to interpreters. Eventually, lawmakers had to go back and carve out a bunch of exceptions to the law. They kept the ride-sharing and delivery services, the target for the legislation, in the law. But the companies didn't take it lying down and instead forced the measure to a vote via Proposition 22. California voters, despite their strong Democratic leanings, agreed that drivers should be permitted to remain independent contractors. Prop. 22 was passed.

Rather than learning a lesson here, Democrats and labor unions are instead trying to make the entire concept federal law with the Protecting the Right to Organize Act (PRO Act) of 2021.

Read more about the PRO Act here.


QUICK HITS

•The New York Assembly has authorized an impeachment investigation into Gov. Andrew Cuomo.

• The town that didn't lock down: Reason's Christian Britschgi went to Paso Robles, California, where businesses last fall organized in defiance of state lockdown orders.

• Following in the footsteps of North Dakota, Mississippi has also enacted a law that bans transgender female athletes from playing on girls' sports teams.

• Washington state has found that sentencing kids to mandatory life imprisonment without parole is unconstitutional.

• "A divided federal appeals court on Wednesday ruled against anti-abortion protesters who have tried to discourage women from entering a reproductive health clinic in the New York City borough of Queens," Reuters reports.


* This post has been updated to note that both McKell and Brammer sponsored S.B. 228.

NEXT: Time for Conservatives To Rethink Their Priorities

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  1. These Big Tech Bills Are Unconstitutional. State Lawmakers Don’t Care.

    You want them to care put it in some kind of oath next time.

    1. The Constitution was written to apply to the federal government, not the states, and if the federal government no longer gives a shit about the Constitution, why should the states?

      1. That was the original intent, the FedGov wasn’t supposed to be explicitly superior to the State gov.

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    2. She didn’t even bother to explain why they would be unconstitutional. Outside of the one she posts from the left about regulating fake news, the rest are merely business regulations that are fairly normal.

      1. And conveniently ignores the wider and historical implications of her declaration of it being unconstitutional.

        Imagine Congress passed a law saying you couldn’t sue a (PRIVATE!!!!) bus company for making black people sit at the back of the bus and then insisting that States require that buses make their seating policies clear before finding passengers to be in violation is unconstitutional.

        Start with an unfounded false premise and amble around backwards.

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    6. “also pre-empted by Section 230”

      #LibertariansForCronyCapitalistLegalLiabilityExemptions

    7. More or less of a threat to the constitution then tech giants acting on behalf of the government? When these companies become so powerful they can silence populations, and the president of the United States, while also smashing alternative outlets, no serious person can assume it’s not an actual threat to free speech, as opposed to the theoretical threat you’re concerned about here.

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  2. Deconstructing myths about libertarian feminism.

    Up next: How to not get poked by a unicorn’s horn.

      1. Took ya 6 minutes to ponder that faux qualifier.

        1. I do have other things to do in between these comments.

          1. Zoom calls?

    1. LOL bless you Fist.

    2. Aww, I was hoping for libertarian feminists for public nudity.

      1. The main problem with public nudity has always been quality control.

        1. It’s all good.

        2. The real</i* "tragedy of the commons." 😉

        3. You could almost argue public nudity was deliberately torpedoed by prudes & scolds masquerading as the current practicers

        4. Yeah. The people you least want to see naked are the ones that will be naked.

    3. Who will be the brave commenter to watch that and recap?

      1. Summary:

        1.) Everything you want
        2.) Me so horny

        1. Sitting at home with my dick all hard
          So I got the black book for a freak to call
          Picked up the telephone, then dialed the 7 digits
          Said, “Yo, this Marquis, baby! Are you down with it?”
          I arrived at her house, knocked on the door
          Not having no idea of what the night had in store
          I’m like a dog in heat, a freak without warning
          I have an appetite for sex, cause me so horny

          1. “I said ‘You sissy muthafucka you know you oughta stop’ “

    4. “A More Libertarian Oriented Approach to Sandwich Construction”

  3. Democrats are trying to take California’s bad gig economy bill (A.B. 5) nationwide.

    The free market economy is fine as long as everyone does it by union-defined rules.

    1. I’m just kidding. Sometimes it’s corporate-defined rules.

      1. If you’re going to start stealing the joy of being First to Fist, I am going to pack up and go home.

        1. Was this a line heard at an orgy?

      2. I any case, we can all agree that we need rules. Lots and lots of overlapping rules.

        1. Overlapping and often contradictory, if possible.

          1. And don’t forget selectively enforced!

      3. Unless there is just one corporation in the market, they don’t get to make the rules – although they probably want to.
        There are lots of markets with just one union and mandatory membership. They don’t have to wish for control, they already have it.

  4. The New York Assembly has authorized an impeachment investigation into Gov. Andrew Cuomo.

    Over getting all those people killed?

    1. Do we know how many of the negligently slaughtered were Trump supporters? He might have a fighting chance of dodging the body count.

      1. Or, was he just creating voters?

          1. He was just reducing paperwork by having death certificates double as voter registrations.

            1. Get out the vote campaign

      2. Listen if Congress isn’t going to keep SS and Medicare solvent, by god Cuomo will!

      3. Considering most were over 65 and Reason claims anyone over 65 are republican then no it won’t be about the slaughter since they deserved it.

    2. Yes and also for his Biden hands.

      1. But mostly for the deaths, right?

        1. No, the objection is not the deaths – it is the lying about the deaths and being mean to fellow Ds.

          And I’m not being sarcastic here, which is sad.

          1. Hey, we all make mistakes, but few of us get a chance enforce those mistakes on others at the risk of death (either by an enforcer’s weapon or in this case by a virus).

            The thing is, without all the sex accusers I don’t think the nursing home tragedy gets much traction.

            1. Their only objection really is the bullying of fellow Ds, of which the harassment is part. The lying about deaths is tacked on. The deaths aren’t even mentioned except in this context.
              And none of it would be a public issue if there wasn’t someone else in The Party with a particular axe to grind who put word out that he’s to go.

            2. Or it does get traction and spreads to other Democrat governors that did the same thing, which is really why these women are all coming forward now.

              1. Exactly.

          2. exactly and he hadn’t been caught we wouldn’t know about the harassment since thats the distraction from the evil

          3. I think that’s the way it should be. In the end, Cuomo messed up. The idea of pushing people to nursing homes in order to clear ICUs was ill-advised at best, but given the rhetoric we were hearing, that hospitals planetwide would be overrun with people turning blue like the worst of the Spanish Flu, we can at least follow the logic.

            Politicians should not be held criminally liable for policies that have undesired side-effects. He made a mistake by relying on predictions that turned out to be wrong, and people died. However, falsifying records to hide the deaths is unacceptable.

            You see something similar in the military. If your platoon is outflanked and you lose men because of it, it’s unfortunate losses in war. However, if you try to avoid repercussions, you will get court martialed.

            1. Poorly made decisions resulting in mass death are not excusable.

            2. He should be held criminally liable. He new putting Wuhan patients back into nursing home would cause more deaths and he did it anyway.

              1. A decent example is PA’s Health official who yanked her relative out of the nursing home, at the same time she helped place Covid patients within them. I’m not quick to give them a pass on their decision to place those contagious patients within a closed, vulnerable population.

                1. And then the guy got a promotion.

                2. They deliberately increased the odds of people dying to juice the numbers so they could sell panic and seize more power.

              2. One of the current big lies is that we didn’t know anything about this virus early on, but from the beginning we knew it disproportionately killed the elderly. I’ve yet to hear a good explanation of why Covid positive people were sent to nursing homes.

                1. They vote Republican

          4. Accident flag

        2. What are we in Communist China, this is America where we get the freedom to choice multiple charges for our political elites to wiggle their way out of any culpability.

    3. Following the link, it’s not about the terrible policies that killed ten thousand grandmas.

      It’s about being creepy and weird to a half dozen interns. And the clumsy cover-up of the grandma massacre.

      1. “Grammassacre”?

        1. GrandmaGate

    4. Who cares? It’s just good to hear the word “impeachment” again. Been awhile.

      1. I needed my fix for March.

  5. Reason‘s Christian Britschgi went to Paso Robles, California, where businesses last fall organized in defiance of state lockdown orders.

    Reason is getting back to its libertarian roots and sending reporters to get drunk and infected.

  6. https://www.dailysignal.com/2021/03/11/zuckerberg-grant-allowed-outsider-to-infiltrate-presidential-election-in-wisconsin/

    MADISON, Wis.—When Facebook CEO Mark Zuckerberg and his wife handed out hundreds of millions of dollars last year for a national safe-voting initiative, the “donation” was heralded as vital support to “protect American elections” and to “bolster democracy during the pandemic.”

    But what the grant money really purchased in battleground states such as Wisconsin was infiltration of the November presidential elections by liberal groups and Democratic activists, according to hundreds of pages of emails and other documents obtained by Wisconsin Spotlight.

    In the city of Green Bay, which received a total of $1.6 million in grant funding from the Zuckerberg-funded Center for Tech and Civic Life, a “grant mentor” who has worked for several Democratic Party candidates, was given access to boxes of absentee ballots before the election.

    Michael Spitzer-Rubenstein, Wisconsin state leader for the National Vote at Home Institute, in many ways became the de facto city elections chief.

    The emails show Green Bay’s highly partisan Mayor Eric Genrich, a Democrat, and his staff usurping City Clerk Kris Teske’s authority and letting the Zuckerberg-funded “grant team” take over—a clear violation of Wisconsin election statutes, say election law experts.

    1. Has this been fact checked by Facebook?

      1. Facechecked by Factbook, bare minimum.

    2. Michael Spitzer-Rubenstein, Wisconsin state leader for the National Vote at Home Institute, in many ways became the de facto city elections chief.

      If you want a laugh, look up this guy’s photo.

    3. Wow. I figured irregularities would turn up over the next few months, showing the potential for voter fraud, based on how strenuously the (mostly dems) were shouting “There is no fraud! There has never been fraud”. We all know, time uncovers many thing, what with investigations, actual reporting, and people who succeeded in fraud just not being able to keep their mouths shut.

      [1] Now that we see it, how many states do you think this occurred in?
      [2] Why did they bother with Wisconsin? I thought it had been a solidly D state since the 70s? Or is that just the Milwaukee/Waukesha metro area?

      1. Milwaukee’s ballot-stuffing wasn’t enough to keep Wisconsin from turning red in 2016, so they had to expand their operations.

      2. Minnesota, Michigan, Georgia, Pennsylvania, Arizona, Nevada, Virginia, Wisconsin, New Mexico, and probably North Carolina. Maybe Washington and Oregon too.

        1. Let’s not forget the Veritas vote sting in Harris County. Makes you wonder just how legit that Blue Judicial Wave was here in 2018.

  7. Journalists Start Demanding Substack Censor its Writers: to Bar Critiques of Journalists
    https://greenwald.substack.com/p/journalists-start-demanding-substack

    And here is Google’s Vice President of Privacy Product Management, Rob Leathern, who previously was a Facebook official, sternly decreeing that any “serious” business needs to silence voices that are disruptive or upsetting:

    1. The only way we can have the free flow of information and opinions is through censorship.

    2. Call it the “Bolstering of Journalistic Integrity” act …

      1. Fortifying

    3. “Rob Leathern, who previously was a Facebook official, sternly decreeing that any “serious” business needs to silence voices that are disruptive or upsetting…”

      Franco and Stalin felt exactly the same way, Rob. Pray to God your terms aren’t found to be acceptable.

  8. French schoolgirl says she made up story that got teacher beheaded by Muslim radical
    https://thepostmillennial.com/french-schoolgirl-says-she-made-up-story-that-got-teacher-beheaded-by-muslim-radical

    The 13-year-old student who claimed that her teacher showed Muslim students a naked depiction of the prophet Muhammad has admitted that she was lying. This lie led to the beheading of that teacher.

    The History and Geography teacher, Samuel Paty of Paris, France, was beheaded by a Muslim radical after the story the young girl told gained international attention.

    1. Let’s not lose our heads over this,

      1. Nothing says “Please trust me in your liberal free-minded atheist society” like fundamentalism.

        Could you be mine, would you be mine, won’t you be-head me?

    2. So… France or Russia? Which one becomes the first serious nuclear power to have a Muslim plurality? (Pakistan doesn’t count.) That should be fun.

    3. believe all women

      1. unless they accuse democrats

  9. https://news.yahoo.com/were-going-to-lose-fast-us-air-force-held-a-war-game-that-started-with-a-chinese-biological-attack-170003936.html

    ‘We’re going to lose fast’: U.S. Air Force held a war game that started with a Chinese biological attack

    March 10, 2021, 11:00 AM·11 min read
    Last fall, the U.S. Air Force simulated a conflict set more than a decade in the future that began with a Chinese biological-weapon attack that swept through U.S. bases and warships in the Indo-Pacific region. Then a major Chinese military exercise was used as cover for the deployment of a massive invasion force. The simulation culminated with Chinese missile strikes raining down on U.S. bases and warships in the region, and a lightning air and amphibious assault on the island of Taiwan.

    The highly classified war game, which has not been previously made public, took place less than a year after the coronavirus, reportedly originating in a Chinese market, spread to the crew of the USS Theodore Roosevelt aircraft carrier, taking one of the U.S. Navy’s most significant assets out of commission.

    1. All they would need are some tee shirts strapped over their faces, and they won’t get sick.

    2. If the coronavirus is their best attempt at biological warfare; count me unimpressed.

      1. “Sir, the bio-strike has begun!”
        “Where were the missiles made?!”
        “Says, ..’Made in China’…”
        “Whew, almost had me worried there.”

      2. The Covid was just a delivery system that escaped from the lab before it could be attached to a payload. And another lab, as we speak, is probably tuning it to genetic markers that don’t appear in Han genotypes.

        1. “And another lab, as we speak, is probably tuning it to genetic markers that don’t appear in Han genotypes…”

          Yeah, that. Unfortunately. If not now, then quite soon.

          Again, I really wonder just what in Hell the PLA inspectorate, or whichever inspection agency that went into Wuhan initially, thought that lab had released.

    3. Reddawn 2 Pacific theater

    4. I’m sure our new tranny-run military can snark them to death.

    5. Most of these games are set up to have Blue Team lose. You don’t learn anything by replicating Desert Storm. Generally, they aren’t leaked, either, so I’m guessing some service feels their budget needs supplementing.

      And someone please tell me why launch signatures of even theater ballistic missiles, aren’t going to be mistaken for nuclear ballistic missiles? Particularly since, unlike the Soviets, the Chinese haven’t de facto agreed to point out where their strategic ICBMs are. All of which is to say, I doubt a Chinese HGV missile swarm happens without an accompanying theater only (God willing) or limited strategic nuclear exchange. As would’ve happened if the Soviets ever decided to cross in Germany.

      1. And someone please tell me why launch signatures of even theater ballistic missiles, aren’t going to be mistaken for nuclear ballistic missiles? Particularly since, unlike the Soviets, the Chinese haven’t de facto agreed to point out where their strategic ICBMs are.

        Speaking as someone who’s familiar with those systems, without going into the details, you’d be shocked at how sensitive they are, how good the operators are at determining the destination points of launches, and how much we actually know about foreign launch tests and the locations of both the permanent silos and the mobile platforms.

        Keep in mind that the DSP system, which was set up in the 1970s as strictly a strategic system, was powerful enough to detect and track tactical SCUD launches, as well as forest fires. SBIRS is even more powerful than that.

        1. It also picks up aircraft in flight, AFAI I may be confusing that data piece with a report that it’s tracked cruise missiles. Which may mean it tracked the booster lighting off, but not the sustainer. W/e.

          My point is though, many/most HGVs have similar (within a factor of 2-3) maximum ordinates to ICBM payloads, and accordingly. are often launched with the first stage of ICBMs. The burn is going to look awfully similar to an ICBM then, for the first (checks publicly available MM3 profile) minute or two. Sure, the lack of a 3rd stage kicking on is going to be a clue, as is aggressive maneuvering in atmosphere, but all of that takes time to discern.

          Again—perhaps it’s known, but nonpublic—Chinese strategic ICBMs aren’t in known locations. Or amounts. They’ve the Russians, US, the Indians, and a bunch of other East Asian nations that are beginning to hate their guts. Plus, they are the industrial superpower right now. It’s silly to think their nuclear deterrent levels haven’t changed in numbers since the 70s. That a nation with China’s resources, and seemingly access at will to whichever US industrial and governmental secrets they wish, only e.g., built 15 DF-31As. I mean, would you only build so few if you were China? Nukes are cheap. And a lot easier for them to build than a 5th generation fighter, or a -F135 jet engine.

          So, if you don’t know where their nukes are—vice the regiment of SS-18s lighting off out of their silos—and you see what looks like a DF-31A 1st stage light off, and start heading NE, things might get a little tense.

  10. Following in the footsteps of North Dakota, Mississippi has also enacted a law that bans transgender female athletes from playing on girls’ sports teams.

    These kinds of laws are idiotic and have no place in a free society. Rules, yes. Legislation, no.

    AND FOR THE RECORD while I feel for the student athlete who has gender issues, it’s insane to punish other student athletes to accommodate him or her.

  11. https://threadreaderapp.com/thread/1370005174383566852.html

    The Great Reset model of democracy rebooted with an authoritarian core is selling itself with the exact same rhetoric the Chinese Communist Party uses. The CCP also claims its people are “free” and “safe” thanks to their strong central State.
    Every single argument you’re hearing from woke censors right now is word-for-word identical to what the CCP says when criticized for its tyranny and human rights abuses. No difference at all. Other authoritarian states are growing more proficient with the same rhetoric.

    …Saboteurs cannot be allowed to disrupt the Core State by wantonly charging its wise administrators with hypocrisy or insisting they live by the same rules as the masses. It simply cannot work that way. The rulers MUST be above the rules in order to enforce them.
    In order to achieve justice, some people must be treated unfairly. For speech to be MEANINGFULLY free, some must be silenced. Pure Truth can only be distilled by removing Badfacts. Democracy is only constructive when the people understand what they’re allowed to vote on.
    You can hear all of these arguments in crude, clumsy, hysterical form from the Woke Left in the West today… or you can hear them polished, refined, and taken to their logical conclusion from the Chinese Communist Party. No difference in substance, only presentation.

    1. That’s why SleepyJoe doesn’t need to wear a mask on federal property, a law he signed.

  12. Washington state has found that sentencing kids to mandatory life imprisonment without parole is unconstitutional.

    But that’s a lifetime of work for prison unions and a permanent line on prosecutor resumes!

    1. So if people aren’t adults at 20, or 22, or 25, we’re not going to let people that age vote, right? After all, if they aren’t mature enough to know they shouldn’t commit murder, which is generally a pretty bright line, surely the more nuanced debates of politics are far beyond them.

      Right?

    2. The “kids” referred to here are 18 to 21 – legally adults.

      This is different from a few years ago, when courts found mandatory (that is, giving the judge no choice) life without parole sentences for _minors_ were unconstitutional. At least in Michigan, a number of sentences had to be reviewed; the judge could still find that given the particular facts of the case, the murder was bad enough for life without parole, but the sentence could not be predetermined by how the prosecutor laid charges. But that was only for first degree murderers under 18…

      If a 20 year olds’ brain is insufficiently developed to be fully responsible for a murder, it’s insufficiently developed to vote, sign a contract, or join the military or get married without parental permission.

      Of course, in reality there is no magic age when the brain matures. A few of my friends were mature enough at 15 that they could have been fully responsible for themselves. Some were still immature at 25. (I think I finally grew up in Boot Camp – at 24.) A few were still immature brats when they died, no matter how old they were.

      1. I think making the connection between cause and effect, understanding long term consequences of your actions is something learned/taught rather than developed automatically.

        So we can expect some 15 year olds to have much better impulse control than some 30 year olds based on family and school environment.

        1. As an example, a 17 year old boy may have a better future in driving after totalling his car (and working to buy a new one in 2 years) than a 30 year old gal who habitually texts and drives but is bailed out by daddy everytime she gets into a wreck.

  13. A divided federal appeals court on Wednesday ruled against anti-abortion protesters who have tried to discourage women from entering a reproductive health clinic in the New York City borough of Queens…

    The first what? The what amendment?

    1. “Look, there will be plenty of time to Think, Act, and Believe after we have nailed down the Utopia. We just gotta get rid of these Undesirables.”

    2. There is a difference between protesting and harassing individuals. Among the anti-abortion protesters there are often people who don’t respect that limit – and there have been a few that didn’t even respect laws against murder. Don’t expect the courts to work too hard to tell the difference between you and the goons when you’re both in the same group and screaming the same slogans.

      1. Would it be different if the “harassers” were union members?

  14. I’m not usually one to propose new laws (usually I just like to propose repealing them), but perhaps Congress could fix this problem by passing something similar to an anti-SLAPP law. Parties that have to sue to overturn a state or federal law that was plainly unconstitutional when passed would have to pay 5x (insert your preferred multiplier) attorney fees when it is found to be so by a federal judge.

    That might help things play out better in the media… “I tried to stick it to Twitter, but I knowingly violated the Constitution to do it, so instead the state is out BIG money.” Not quite the press release I think most of these idiots are going for.

    Of course getting this passed would actually make 99% of what Congress does now a days costly litigation fodder, so snowball’s chance and all that…

    1. That law would require legislators to care about the taxpayer. And taxpayers who pay attention to how their legislators cost them. I’d rather put my faith in having Bigfoot beat them to death when they violate the constitution.

      1. I could get behind that. Would me wearing a Bigfoot costume count?

        1. As long as you are filmed out of focus on a grainy VHS tape, I think we can allow it.

    2. I still think we need a Constitutional amendment making it so that if SCOTUS shoots down a law or executive order unanimously, then the sponsors of the bill and the executive (if he signed it) would be immediately removed from office, stripped of pensions and barred from ever holding federal office again. If SCOTUS agrees unanimously that something is unconstitutional, then every lawmaker should have known better. Enacting something you know is unconstitutional is a breach of your oath.

      1. I like it. Of course, the GOP or DNC leaning judges would simply cast a vote to keep it 8-1; so their favored political connections don’t lose their jobs. But good idea in theory.

  15. How are the bills a constitutional violation? Not at all clear from the article.

    1. Me neither. Seems like they are simply demanding that they actually clarify the TOS they unilaterally force upon others.

      1. Forcing SV to act as a business and have clear contracts and disallow blatant deception is a totalitarian stance. Or something.

    2. the only part that might be considered unconstitutional is the government telling a company what to do but that ship sailed about 200 years ago. Its funny Reason has another article on a similar subject where they attack republicans for over regulating but they just tossed out the first president to actually remove regulations. they bit the hand that feed them

    3. We actually don’t know that it is unconstitutional. I agree that it reads as requiring clearer contractual agreements. It doesn’t say what that agreement has to be, just that it has to be clearly stated and not violated without repercussions. That is a law that almost all other businesses have to deal with.

    4. Why do you expect a connection between a reason article and its headline?
      Just click the damn links and fill the coffers.

    1. I saw the part where he says they are moving up the date where you can get vaccinated by May but then says you may not be able to get vaccinated but you can add your name to a list by May. So in reality no but he is taking credit for making a list ahead of time? its the stupidist shit and the media is loving it.

  16. https://www.zerohedge.com/political/no-more-thoughts-and-prayers-schumer-turns-gun-reform-legislation

    Hours after the House passed a bill allowing for unlimited delays for FBI background checks, and Senate Majority Leader Chuck Schumer revived a House-passed bill requiring background checks for private firearms sales, Sen. Dianne Feinstein (D-CA) announced that she would soon ‘work with her Senate colleagues’ to pass other reforms – including an assault weapons ban – in the coming weeks.

  17. Eventually, lawmakers had to go back and carve out a bunch of exceptions to the law.
    …………………………
    Rather than learning a lesson here, Democrats and labor unions are instead trying to make the entire concept federal law with the Protecting the Right to Organize Act (PRO Act) of 2021.

    If you think that carving out exemptions to the law wasn’t the entire fucking point of the law and that the Democrats didn’t learn anything from it, you’re an idiot. Eventually, the Democrats are going to ban all the things – unless you’re willing to play ball with them. Welcome to the kleptocracy, where you’re going to have to pay for the privilege of fucking breathing.

    1. Reason continues to give Democrats the benefit of the doubt when it is not deserved. It’s starting to look like an abusive relationship.

      1. Not really ENB is a proggi cunt. This is exactly what she wants

      2. You won’t go wrong underestimating ENB’s intellect.

    2. “Welcome to the kleptocracy, where you’re going to have to pay for the privilege of fucking breathing.”

      Unless you know somebody in the agency, or bribe them to get out from under them. Exactly as it happens in the Third World. Which most of the newcomers to our country are perfectly used to.

  18. “Check out our second episode, on what libertarian feminism is and isn’t, below:”

    That’s a no from me.

    1. I must admit I am curious as to how female authoritarianism comports with a philosophy of anti-authoritarianism. Maybe the math checks out?

    2. I made it through 45 seconds before I couldn’t take any more.

      1. You’re going to heaven.

      2. Onanism should be kept private

    3. Oh come on..what else do you have to do? Besides get ready for your weekly Euchre tournament

    1. “Turn customers into fanatics.
      Products into obsessions.
      Brands into religions.
      And employees into disciples.”

      1. That’s not the actual meme, but this modification is more appropriate.

      2. “Don’t ask questions.
        Just consume product.
        Then get excited for next products.”

        1. Sounds like dim sum

  19. Feminism is the lesser half of what’s wrong with “libertarian feminism”.

    1. Before that could be true, “Libertarian Feminism” would have to first exist. *Tips Fedora*

  20. Over in Colorado, Colorado Senate president pro tempore Kerry Donovan would seek to force companies to moderate “hate speech,” “fake news,” and “conspiracy theories.”

    Donovan is a basic-bitch ski town princess, so it’s not really a surprise that she thinks this is something worth pursuing.

  21. https://twitter.com/ConceptualJames/status/1370342353811222530?s=19

    You think they can’t seize power and make everything run this way, and that’s more than half of the problem.

  22. But mean tweets…

    https://twitter.com/POTUS/status/1370186026526838788?s=19

    For all of you asking when things will get back to normal, here is the truth: The only way to get our lives back — and to get our economy back on track — is to beat the virus.

    Here are the next steps we’re taking to make that happen:

    1. First, I’m directing all states, tribes, and territories to make all adult Americans eligible for the vaccine no later than May 1.
      Second, when every adult is eligible in May, we will launch new tools to make it easier for you to find a vaccine — including a website that will help you find a place to get a vaccination near you.
      Third, with the passage of the American Rescue Plan, and my announcement last month of a plan to vaccinate teachers and school staff, we can accelerate the massive nationwide effort to reopen our schools safely.

      Fourth, we will issue further guidance on what you can and cannot do once fully vaccinated — to lessen the confusion, keep people safe, and encourage more people to get vaccinated.

      Finally, we need every American to do their part — including getting vaccinated when it’s their turn and helping family, friends, and neighbors get vaccinated as well.

      If we all do our part, then by July 4th, there’s a good chance folks will be able to gather with family and close friends to celebrate Independence Day.

      1. there’s a good chance folks will be able to gather with family and close friends to celebrate Independence Day.

        The red states who followed science instead of Science! are already there.

      2. Independence day is racist so it will be replaced by riots as the only true form of free speech

        1. Only if you vote Democrat.

      3. Who hoo! SleepyJoe says maybe I can cook a hotdog in the backyard with 2 other people! Maybe!
        What if I don’t have a backyard?

        1. Do squats

        2. Learn to code

        3. Organize a protest in your living room.

      4. Fourth, we will issue further guidance on what you can and cannot do once fully vaccinated

        Oh, for fuck’s sake! If ‘Congress shall make no law respecting… the right of the people peaceably to assemble’, then how can an unenumerated power to limit peaceable gatherings be delegated to the Executive or to any agency in times of emergency or any other time? They are shoehorning this shit into our lives by backdooring businesses. And yes, I mean to imply they are fucking businesses in the ass.

        Are we curs that roll over and show our bellies when barked at, or are we free men? I am done wearing a mask except when it would exclude me from entering private property. It may as well be a muzzle to the extent it symbolizes the complete repudiation of reasoned discourse.

  23. https://twitter.com/omriceren/status/1370194226147954692?s=19

    I don’t know much about political communication but “if you do this thing the government is instructing you to do, maybe you’ll be able to join your family and friends outdoors to celebrate a holiday about independence from oppressive governance” strikes me as an odd approach.

  24. “…Regardless of legality issues, “it does send a strong message,” state Sen. Todd Weiler (R–Woods Cross) said…”

    The message is along the lines of:
    ‘I admit to being an ignoramus, but hope my claim of good intentions makes up for it’

    1. “The message is along the lines of:
      ‘I admit to being an ignoramus, but hope my claim of good intentions makes up for it’”

      This describes pretty much every politician…

  25. https://twitter.com/JesseKellyDC/status/1370382138890129410?s=19

    The FBI, CIA, and military now feel totally comfortable openly opposing people on the Right.

    This doesn’t end well.

  26. Did anyone see POTUS Biden last evening? I made sure that I did.

    We have a problem. POTUS Biden is clearly suffering from diminished capacity. The way he read the teleprompter, the slumping at the lecturn, even the walk back down the hallway on the red carpet with the slow, deliberate pace. This is a man in decline. How serious? It is anyone’s guess but enough that I am concerned.

    The world saw it, allies and enemies alike. What do you think they are saying in their capitals today, wrt POTUS Biden? And how does that affect or alter the things they want to do?

    1. Has he had an open press conference yet?

      1. White House Press Corps: “Mr. President! Mr. President!”

        President Biden: (Pointing) “Yes, Judith”.

        Reporter: “My name is Jim”.

        President Biden: “Okay, John”.

        Reporter: “Do you know where you are and the day of the week?”

        President Biden: *crickets*

        1. Don’t you make me look forward to Press Briefings now…

          1. *pops popcorn *

      2. Ken, I don’t think that will happen = press conference.

      3. If/when it happens, it will be so obviously scripted that it will look worse than not ever having one.

        1. “President Biden, your Presidency has the momentum of a runaway freight train. Why are you so popular?”

          1. No… no Joe. The members of the press are supposed to read that part!

            1. +1

            2. OH man, that would be classic. But we’ll still hear how it’s better than MEAN TWEETS!!!

        2. The answers will be plagiarized anyway

    2. Remember, this is a guy whose campaign made sure he never worked more than 4 hours a day, and almost always stopped before lunch. What you saw last night was his handlers keeping his activity to the absolute bare minimum beforehand so he didn’t go completely off the reservation after the sun went down–and he still came off looking like an addled nursing home resident.

      There’s a reason Kacklin’ Kammy is doing the heavy lifting on talking to world leaders. The Dems appear to be in a fairly strong position to strengthen their hold on the Senate in the mid-terms, so I wouldn’t be surprised if they trade off the loss of the House as an excuse to do a 25th Amendment on him and get Harris, their real original choice, in the seat.

      1. This is also why Obama didn’t actually want to campaign for the guy.

        1. Red, I am a lot more worried about how the Communist Chinese, the Irrational Iranians, and Kleptocratic North Koreans are seeing all of this. I am extremely concerned about Taiwan; it is only a matter of time now.

          Wasn’t it Obama who said, “Never underestimate Joe’s capacity to fuck things up”?

          The man is clearly diminished. It is obvious. The bigger problem is that Kamala is a weak and vain woman. She will make serious errors in judgment, and that has real consequences when you are in the Oval Office.

          1. I’m not sure what else to tell you there, other than this is the long-term result of selling out the nation’s interests in pursuit of cheap Chinese consumer products, political donations, and the lame, stupid assumption that consoooooooooomer culture would liberalize the country and make them our subordinate friends (we made the same dumb assumption with Russia, too).

          2. Also, Kamala won’t do anything that she isn’t told to do by the neoliberal claque running the Democratic party. She was chosen precisely for her pliability, which is why Bernie’s popularity scared these people so bad (not like they had to worry, Bernie has twice proven himself to be a Jobber To The Stars on par with SD Jones, the Mulkey Brothers, and Steve Lombardi).

          3. Be concerned about the Philippines instead. It’s a far easier nut to crack. While their available female population doesn’t assuage Han racial concerns, (the way Taiwanese would) there are a lot more of them, and it won’t take very much to tie the Phillipines very close to China’s orbit. Well, even more than now. Plus, adding the Philippines as a de facto colony eliminates a lot of the EEZ whining currently going on re: Scarborough Reef, the Paracels, etc… Plus, unlike say Vietnam, the Filipinos don’t have a recent history of sparring that much with China, nor of being their bitch for a thousand years.

        2. I thought it was because of racism

      2. Any reason why Reason was unconcerned about the loyalty oaths required of the military after Biden took office or why the military is specifically going after Tucker Carlson? Do not remember the military ever going after a specific personality before.

  27. If the House had passed two bills yesterday, the first to require background checks before two people can talk to each other over the internet and the second to give the government ten days to complete the background checks, I suspect Reason would be all over it.

    “U.S. House passes two Democratic-backed gun control bills”

    —-Reuters

    https://www.reuters.com/article/us-usa-congress-guns-idUSKBN2B32MA

    1. Unlimited time to complete the background checks.

    2. The bills follow a series of deadly U.S. mass shootings over the past decade.

      There’s never a mass shooting event around when you need it.

      1. I’m cynically disappointed in their lack of ability to conjure up by now, a pet teenage autist with oppositional defiant disorder and a sack full of bombs and guns.

        This wouldn’t have happened, if Johnson were still running things.

        1. This wouldn’t have happened, if Johnson were still running things.

          Damned straight! Gary would’ve had Bill and his specially-appointed 100-person presidential panel working on the problem. Or did you mean Lyndon?

          1. Andrew. LOL.

            I admit, I’d completely forgotten about Gary.

  28. S.B. 228 “requires social media platforms to clearly state their content moderation policy, and inform Utah users within 24 hours when they run afoul of it. There’s also a requirement that those companies provide an appeals process for Utah account holders,

    How is this unconstitutional? It is merely a business regulation like thousands of other business regulations.

    That word doesn’t mean what you think it does ENB. You can argue whether it is a good rule or not, but it would clearly fall under the purview of constitutionality.

  29. Feminists for Liberty is and why we launched it

    Show us your tits

    1. Did you watch the video? I’m a dude and I can tell that they both fucked up hardcore in the hair, makeup, and lighting departments. They both look like drag queens.

      Hard pass.

      1. Well they shouldn’t have let The Jacket do their hair and makeup

      2. Drag queens….lulz

      3. LMAO dead

      4. Brown always looks like she just finished blowing a guy in the cokeroom.

        1. Please tell me cokeroom wasn’t a typo

      5. Kat does sort of look like a dimestore Divine.

      6. “They both look like drag queens.”

        Holy fuck, you weren’t kidding. Video is a visual medium, people.

      7. ENB needs to see a dentist about some cosmetics.

    1. “I knitted a bag for ENB’s face so now her podcast is only half unbearable.”

  30. As much as we deride them, I am still grateful that Reason at least suffers the barbs of the comments section.

    Cunts at Wonkette, Scary Mommy, Ugly Feminist Cunts, The Daily Twat, etc do not.

    1. Zerohedge’s comments are all but unreadable now that they cracked down on the jew-bashing. I can’t get my fix of antisemitic humor anymore. Unz Review comments are worse than Tramadol.

      1. Just go to Indybay.org

        They fucking *HATE* Jews there. It is the Mos Eisly space port of anti semitism

  31. libertarian feminism.

    You’re either a libertarian or you’re not. If you have to qualify it then its not libertarian.

    And ‘libertarian feminism’ is either an oxymoron or its redundant.

    If you’re into the feminism that is looking for special privileges and protections for women – then its an oxymoron. You can’t be that sort of libertarian feminist because those are contradictory concepts.

    If you’re into the feminism that is just looking for the equality of opportunity and freedom that men have – then its redundant. That’s already built into libertarianism.

    There are no women’s rights – only human rights. And we all have them.

    1. Careful, talk like that will get ENB to try and dox you.

    2. When Trump says there are “some of them are fine people” and “bad actors on both sides”, he’s being a divisive authoritarian. When ENB goes to great lengths, making a career out of distinguishing libertarian feminism from plain old libertarianism ad nauseum, she’s empowering people to come together to support liberty.

      Again, Reason in the service of agnosticism and in its death grip of practical objectivity chose ‘Loaves and fishes’ Jesus over ‘Love thy neighbor’ or ‘Judge not’ Jesus.

    3. Yes, we have them whether or not we actually have them.

      Libertarian rights. The best kind. The kind that don’t cost white heterosexual males anything, and aren’t even rights.

  32. I’m a female that votes libertarian. I made it 1:49 before I had to make the annoying voices stop.

    1. You sound hot.

  33. URFOS — “requires social media platforms to clearly state their content moderation policy, and inform Utah users within 24 hours when they run afoul of it.”

    = unconstitutional?

    Gimmie a freaken break!

    1. What the fuck business is it of the government what content moderation policy you have?

      The first amendment is for other people too you know.

      1. Except this bill ISN’T a ‘content moderation policy’. It’s only ensuring a ‘clearly stated’ policy and cancellation notification.

        This is just basic non-fraudulent crime law. Big Tech doesn’t get a waver from being liable for their OWN stated terms of service.

      2. What the fuck business is it of the government to ensure that businesses hire certain number of minorities? Should they force them to take out gender specification in toy departments?

        You and your friends have that “government making people do things they don’t wan to” market cornered. But I guess it’s ok when you people do it, huh?

        Since social media platforms make money on content uploaded by users, regulations that clarify TOS is more than reasonable. If YT gives two strikes on someone’s channel, he has the right to know what exactly he did wrong or have recourse to appeal that decision.

  34. I checked out the so-called Feminists For Liberty Channel.

    Wouldn’t. Hard wouldn’t. And soft wouldn’t (if you catch my drift. *Nudge-Nudge! Wink-Wink! Say no more!)

    I had to “try to get the feeling again” somewhere between the sentence “Consent is a spectrum” and the phrase “Prison Abolitionist.”

    The only thing I can say in defense of this channel is that, while I’m not a Doctor, nor do I play one on TV, but if you have one of those Viagra erections that last 4 hours or more, just watch and listen to the Feminists For Liberty Channel as a route of first resort. It may save you an embarassing trip to the emergency room, though you may need a sedative afterwards.

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