Category: Rights

Is the FBI Helping Ukraine’s Secret Service Censor Americans?
The Select Subcommittee on the Weaponization of the Federal Government releases a damning new report, revealing even more speech-smashing misbehavior by the federal government.

I spent much of the weekend combing through the Twitter Files for examples of the “Censorship Enterprise” described by the Attorneys General in the landmark Missouri v. Biden lawsuit. As I was about to publish, a new report was issued by the House Weaponization of Government Committee that takes the Twitter Files theme in several crazy new directions.

A month ago, Aaron Maté of The Grayzone published a new piece about a bizarre finding in the Twitter Files. An FBI agent named Alexander Kozbanets had forwarded to Twitter a list sent to the FBI by Ukraine’s Security Service, the SBU. These accounts, Kozbanets said, were “suspected by the SBU of spreading fear and disinformation.” Of the 170-odd account names on the list, most were Russian, but one stood out: Aaron’s! Here he is, along with the popular Russian newspaper “Rush Hour” (Chas-Pik) and a host of Cyrillic names:

The shame of this story wasn’t that the SBU sent this list over, but rather that the FBI collaborated in the effort, even having the gall to forward the name of a respected, award-winning Canadian journalist to Twitter. To its credit, Twitter Trust and Safety chief Yoel Roth pushed back, noting Aaron’s name and saying, “authentic news outlets and reporters who cover the conflict with a pro-Russian stance are unlikely to be found in violation of our rules.” Nonetheless, the fact that the FBI even tried this lunatic stunt was damning.

Now, thanks to the Weaponization Committee, we find out this situation with Aaron appears not to have been a one-off incident.

Feds Argue First Amendment Causes ‘Irreparable Harm’ in Bid to Save Censorship Regime
In seeking to stay the injunction against their speech policing in Missouri v. Biden, the government betrays its view that your right to speak is conditional, while its power to censor is absolute

U.S. Government Says Inability to Censor You Causes It ‘Irreparable Harm’

The U.S. government betrayed its total and utter contempt for the First Amendment in a recent filing in the landmark Missouri v. Biden free speech case.

The filing—a motion responding to U.S. District Judge Terry Doughty’s bombshell Independence Day injunction freezing federal government-led speech policing—calls for the judge to permit the federal government to continue its censorship activities while it fights the injunction.

While Judge Doughty has now smacked the federal government down, ruling against its motion for a stay, the feds’ perverse position merits scrutiny, especially given it’s likely to persist in it for as long as this case is litigated, and as high as it will reach, perhaps up to the Supreme Court.

The crux of the government’s argument for staying the injunction was this: Prohibiting federal authorities from abridging speech, directly and by proxy, could lead to “grave harm to the American people and our democratic processes,” thereby causing the government “irreparable harm.”

Another way to read the government’s argument is that if it can’t interfere in elections or engage in rampant viewpoint discrimination, that causes it “irreparable harm.”

Still another way to read the government’s argument is that your right to free speech causes it “irreparable harm.”

I explain why in a new piece at the Epoch Times.
As I conclude in part:

The government’s fight for the right to censor reveals a conception of free speech, and its own authority, that is totally backward.

The government operates as if speech is a privilege over which it holds total power, ceding to us only the ability to talk on heavily circumscribed terms—rather than that we have a natural right to speak freely, and that the government’s ability to regulate our speech is heavily circumscribed.

Government derives its powers from us, and with our consent, not the other way around.

At stake, therefore, in Missouri v. Biden is more than free speech.

At stake—and currently on display—is the very nature of what remains of our republican system of government.

Read the whole thing here.

Nice when PID is provided.

Law professor: ‘Unfortunate’ that Michigan anti-free speech bill likely unconstitutional.

A constitutional law professor at Georgia State University recently said it’s “unfortunate” that the Michigan “pronouns” bill making its way through the state legislature is likely unconstitutional.

Georgia State College of Law Professor Eric Segall told Newsweek this was his “personal view” regarding House Bill 4474, which would criminalize sparking “frightened” feelings in someone in a protected class such as sexual orientation or gender identity.

The proposal “is probably in trouble under American law. I also think that’s unfortunate because my personal view is the law should be constitutional, but I think it’s likely not,” he said.

“In a sane world, which is most free countries on Earth, you just outlaw all threats,” said Segall (pictured). “And if you threaten somebody, you go to jail. It’s much more complicated in America. Guns and free speech. America is crazy about both.”

But the author of “Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges” emphasized what makes the U.S. rather unique regarding free speech.

“The [Michigan] law basically says you can’t threaten somebody with speech that will discriminate on the basis of sexual orientation or gender identity,” Segall said. “And here’s the deal. Hate speech and threats aren’t the same thing.”

Segall noted “the fact that I can stand on a street corner and say ‘All Jews should be sent back to Israel’—which I can do in America—does not mean that I can go up to a Jewish person and get in their face and say, ‘You should be sent back to Israel.’”

The U.S. Supreme Court would strike down the Michigan law, Segall added, “both because it protects LGBTQ speech, which this court no longer wants to do at all, and because of their definition of free speech which is way overbroad.”

The College Fix asked Segall via email if he indeed would favor fining or jailing someone who, for example, told a transgender female in a non-threatening manner that she (he) “really is a man.” (Someone violating HB 4474 could face a $10,000 fine and up to five years in jail.)

Segall reiterated that “threats are unprotected speech” and repeated his point about someone saying (peacefully) that Jews should go back to Israel “should probably be protected speech.”

However, he added that such “depends on context” and he “could be talked out of” his current view.

As previously noted by The Fix, Western Michigan University Law Professor William Wagner warned that those in favor of the Michigan legislation will use it “as a weapon capable of destroying conservative expression or viewpoints grounded in the sacred.”

The Michigan Democratic Party’s Andrew Feldman told Newsweek that HB 4474 was being “deliberately misinterpreted to polarize voters and cause outrage among conservatives.”

Bruen might thwart Tennessee special session on gun control

Following the shooting at a Nashville school, the previously pro-gun governor decided what the state needed was some gun control. There wasn’t much chance of that happening, mind you, but he wanted to push it anyway.

In fact, he called a special session of the legislature just to address the issue.

However, it seems that in some circles, there’s concern that Bruen might prevent much of anything from happening.

Tennessee lawmakers hoping to take on gun control in an August special session could face hurdles from a landmark U.S. Supreme Court ruling that is now causing turmoil in courts across the country.

The so-called Breun decision in June 2022 overturned a New York law limiting the right to carry guns in public and has since sparked hundreds of legal challenges to gun laws, with varying opinions from judges.

While gun rights groups like the National Rifle Association have lauded the ruling as a major win for the Second Amendment, others say it’s causing more legal questions than answers.

“There’s a lot of confusion and a lot of chaos right now,” said Janet Carter, senior director of issues and appeals at Everytown Law, a gun control nonprofit. “Supreme Court decisions are supposed to provide clarity and certainty, but instead what we see is decisions just going all over the palace.”…

Here in Tennessee, the ruling has already impacted the state’s permitless carry law and it could affect the governor’s push for an emergency protective order law in the wake of the Covenant School shooting, as a local gun rights group has said it plans to sue if the state passes new legislation.

Gun control advocates hope to see clarity from an upcoming Supreme Court case out of Texas that would be the first to test the ruling, but for now, states in some cases have been left scrambling to change their laws.

Now, to be fair, challenges for red flag laws have survived plenty and Gov. Bill Lee’s proposal has fewer due process concerns than most.

That said, I don’t think there have been any challenges to red flag laws post-Bruen, which might well change everything.

The truth is that most gun control laws were always unconstitutional. The Bruen decision’s text and history test is testimony to that. After all, efforts to defend gun control measures have come up short because no one can find historical gun control laws similar to those being challenged.

A red flag law isn’t likely to fare any better.

That, however, is ultimately a good thing. There are other ways to address potentially dangerous people besides just taking their guns and leaving them to go about their way, potentially finding other ways to kill people.

I get that Lee was impacted by the shooting in Nashville, having known a couple of the victims. I’m genuinely sympathetic. I mean, I’ve been there. In the wake of something like that, you want to do something. I was a newspaper publisher at the time. All I could do was talk about what happened. Lee is a governor and he can do a lot more.

The problem is, what he’s wanting to do is wrong.

So, if Bruen puts the kibosh on this, so much the better.

Not all enemies of the rights of the people are in goobermint.

BLACKROCK CEO THINKING TWICE ON DISCRIMINATORY ‘ESG’ STRATEGY? HARDLY

By Larry Keane

Call it putting lipstick on a pig, rearranging deck chairs on the Titanic or whatever else. BlackRock CEO Larry Fink isn’t concerned with the actual discriminatory investment strategy his firm executes. He’s upset the world’s largest investment asset manager is caught up in the growing anti-ESG pushback that’s impacting his bottom line now that Americans are paying more attention to the ruse.

Fink revealed at the Aspen Ideas Festival that he’s “ashamed” to be a part of the ESG “debate.” If you thought he might change direction with BlackRock’s investment strategies, think again. Fink would rather just change the verbiage.

‘Conscientious’ Wordsmithing

BlackRock manages more than $10 trillion in assets for investors. That’s a lot of money and with such a large piggybank under his control, Fink got hip with the ESG movement. That’s the Environmental, Social and Governance investment strategy that started popping up more frequently about 10 or 12 years ago where activist investment managers began sacrificing fiduciary responsibilities to maximize shareholder returns to instead abdicate that role in favor of forcing a left-wing social and political agenda that has failed to succeed legislatively.

Under the Obama administration, an initiative called “Operation Choke Point” was launched by the Federal Deposit Insurance Corporation (FDIC) and Department of Justice (DOJ) to stop financial institutions from offering services to some regulated industries in an attempt to throttle banking services. This operation, which represented an abuse of the agencies’ statutory authority, was first aimed at non-depository lenders (so-called payday lenders) but expanded to ammunition and firearm sales, tobacco sales and pharmaceutical sales, among other industries. President Donald Trump’s administration put an end to the practice, though today ESG strategies have been privatized.

Fast forward to today and BlackRock is guilty of ESG strategies, as are numerous major banks and investment institutions as well. Fink was questioned about his firm’s devotion to ESG strategies at the Aspen Ideas Festival and initially told the crowd, “I’m ashamed of being part of this conversation. I’m not going to use the word ESG because it’s been misused by the far left and the far right,” he said.

Fink was later pressed again on being ashamed of his firm’s position. When pushed on his statement, he reversed course. “I never said I was ashamed. I do believe in conscientious capitalism.”

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 The Geometry of Liberty: The Declaration of Independence Is a Logical Argument Based on Jefferson’s Axioms.

I was thinking about “We hold these truths to be self-evident” and remembered I’d written about it in 2019.

The Declaration as a whole is a logical argument that begins by stating its axioms:

  • That all men (by which Jefferson meant humanity, humankind) are created equal;
  • that by the very fact of their existence they have rights that inhere to them by their nature;
  • that among these right — that is, there are other natural rights that Jefferson doesn’t assert for the purposes of his argument — are Life, Liberty, and the Pursuit of Happiness;
  • that governments exists by the consent of the governed to secure — protect — those rights;
  • that a government’s only reason or justification for existence is to secure those rights;
  • and that a government’s only legitimacy and authority derives from that consent.

In that one sentence, Jefferson changes the world.

“The Washington Post complains that this could upend years’ worth of coordination between bureaucrats and would-be censors.”
Ahh HAHAHAHAHAHAHAHAHAHAHAHAH

BREAKING: Federal judge issues injunction against WH, gov’t agencies on speech suppression

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:

The Plaintiffs are likely to succeed on the merits in establishing that the Government has used its power to silence the opposition. Opposition to COVID-19 vaccines; opposition to COVID-19 masking and lockdowns; opposition to the lab-leak theory of COVID-19; opposition to the validity of the 2020 election; opposition to President Biden’s policies; statements that the Hunter Biden laptop story was true; and opposition to policies of the government officials in power.

All were suppressed. It is quite telling that each example or category of suppressed speech was conservative in nature. This targeted suppression of conservative ideas is a perfect example of viewpoint discrimination of political speech. American citizens have the right to engage in free debate about the significant issues affecting the country.

Although this case is still relatively young, and at this stage the Court is only examining it in terms of Plaintiffs’ likelihood of success on the merits, the evidence produced thus far depicts an almost dystopian scenario. During the COVID-19 pandemic, a period perhaps best characterized by widespread doubt and uncertainty, the United States Government seems to have assumed a role similar to an Orwellian “Ministry of Truth.”721

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.

Emphasis mine. Missouri AG Andrew Bailey spells out the effects of the injunction:

 

The Washington Post complains that this could upend years’ worth of coordination between bureaucrats and would-be censors:

The injunction was a victory for the state attorneys general, who have accused the Biden administration of enabling a “sprawling federal ‘Censorship Enterprise’” to encourage tech giants to remove politically unfavorable viewpoints and speakers, and for conservatives who’ve accused the government of suppressing their speech. In their filings, the attorneys general alleged the actions amount to “the most egregious violations of the First Amendment in the history of the United States of America.”

The judge, Terry A. Doughty, has yet to make a final ruling in the case, but in the injunction, he wrote that the Republican attorneys general “have produced evidence of a massive effort by Defendants, from the White House to federal agencies, to suppress speech based on its content.”

The ruling could have critical implications for tech companies, which regularly communicate with government officials, especially during elections and emergencies, such as the coronavirus pandemic.

Well, boo frickin’ hoo. The First Amendment makes it patently clear that government has no business regulating and censoring public debate and dissent. That’s one of the key values and liberties we celebrate today, in fact.

We’ll likely have more on this tomorrow. Even though this is a holiday, the news is too good not to share: the Big Brother Ministry of Truth has been derailed, at least temporarily

Democrat Rep. Has Psychotic Meltdown – Calls Supreme Court “Illegitimate White Patriarchy”

The separation of the political left from any sort of reasonable governance has been obvious for years now. To put it simply, they see the government as their personal weapon for deconstructing the country so they can rebuild society the way they want. They believe this is their right – The right of the collective to socially engineer

The notion that elements of the government might serve the interests of conservatives and independents is an unthinkable heresy. And, whenever they don’t get exactly what they want from the government (which is rare) they immediately act as if they have been betrayed; that an “insurrection” is afoot to enslave them.

This attitude seems to overlook the fact that every major institution in the US has been catering to the far-left for decades. Even when GOP Republicans have taken a majority in the House, the Senate or put their man in the Oval Office, the general legislative trend has always taken a progressive direction, to the point that America has become increasingly more socialist in its functions. It’s also the reason why America has become economically and socially unstable.

In truth, leftists have been getting what they want from governments and the corporate world for so long they have become utterly entitled, like spoiled children.

That’s the kind of sad energy we now see on display among Democrats in the face of multiple Supreme Court losses, including the reversal of Roe v. Wade, the blocking of Biden’s student loan relief program and the end of affirmative action on college campuses. All these court decisions really amount to is a reversal of entitlements that never should have existed in the first place. Leftists see such entitlements as “civil rights,” never mind that they exist as a means to take the rights of others.

Democrat Representative Jaamal Bowman echos this ideology, combining it with a tired and psychotic rant about “white patriarchy” being the core function of the Supreme Court.

The message? It’s complicated because it’s unhinged, but at bottom the far-left wants to fundamentally change the very fabric of the government so that it always acts in their favor regardless of who else is trampled in the process. Let’s try to break down Bowman’s claims…

Playing the racism card is the Democrat go-to tactic for a reason. The primary purpose is to incite civil unrest as a tool for control – “Give us what we want or the cities will burn.” The secondary purpose is to declare ownership of minorities. The propaganda acts as if all minorities are a monolith that serves the aims of the political left. The idea that minorities might also be conservative is ignored.

Affirmative action has always been a racist policy; it allows institutions to actively discriminate based on skin color and ethnicity. Interestingly, white people are not the most affected by affirmative action on college campuses; Asian people are the most discriminated against, with double standards in testing and academic excellence designed to keep them out of the classrooms. According to research from Princeton University, students who identify as Asian must score 140 points higher on the SAT than whites and 450 points higher than Blacks to have the same chance of admission to private colleges.

The notion of a constitutional convention has already been cited by other Democrats including California Governor Gavin Newsom as a means to dismantle the 2nd Amendment, but Bowman seems to be suggesting a convention to completely upend the Supreme Court and the very foundations of the law. Keep in mind that Democrats have avidly defended the court structure when it works in their favor, but since the court is finally operating on a more constitutional framework they argue it is now corrupt and white supremacist.

Student loan debt relief is nothing more than a way for Dems to buy votes – “Put us in office and we will eliminate the debts you accrued getting that degree that was probably useless.” Of course, taxpaying Americans would have to cover the bill for debt forgiveness on college loans, not the Democratic Party. It’s rather brilliant when you think about it – Democrats use your money to buy votes to keep themselves in office so they can continue to erode your constitutional rights. You pay for your own oppression.

People should have to pay for their own debts. Taxpayers should not have to pay their debts for them. It teaches a terrible lesson to the next generation that if they make mistakes the government will make sure they don’t have to learn from those mistakes.

Finally, it’s not surprising that Bowman attacks expanded gun rights in his diatribe on affirmative action, given that the political left cannot maintain power unless the public is eventually disarmed. Leftists believe in majority rule, as long as they are the majority. If they are the minority, they riot. If they are the majority, they demand government suppress their political opponents. In either case, gun rights stand as a major obstacle to them.

It was only a couple years ago that establishment elites and Democrats were pushing for permanent covid mandates, jail time for those who spread information contrary to the government narrative and economic discrimination for anyone who refused to take the vaccines. The political left took the mask off completely and showed who they really are. They cannot be trusted to rewrite or rebuild core government structures.

Their hatred of the Supreme Court is not based on any legitimate grievances, it’s based on how they view power. The court is a center of power that does not always act according to the dictates of social justice Marxism. They see the court as just another “platform” that needs to be co-opted.

Many conservatives and moderates also have concerns about how the Supreme Court makes decisions, but one cannot deny the constitutional logic behind their recent rulings. It’s a shift that should have happened a long time ago, though it is happening in an era in which leftists see ideological deviation as treason. They will use every trick at their disposal to undermine the law and create double standards to their benefit. Bowman essentially admits that this is the plan.

Another Financial Attack on Gun Owners

As Americans frequently utilize credit to purchase a wide array of things for everyday living, it should come as no surprise that one anti-Second Amendment congressman has decided that firearms purchases using one form of credit should be illegal. Specifically, it should be illegal for semi-automatic rifles that might fall under the political definition of “assault weapons.”

Rep. John B. Larson (D-Conn.) is attempting to do just this with H.R. 4289, the “Assault Weapons Financing Accountability Act.”

According to the bill’s text, an importer, manufacturer, or retailer selling a firearm under a “Buy Now, Pay Later” (BNPL) financing agreement would be subject to a $100,000 civil fine. Likewise, the purchaser of a firearm bought using BNPL would be subject to the $100,000 civil fine.

In a press release touting this proposed legislation, Larson says, “Banning use of instant financing like BNPL options for assault weapons and the ghost gun kits [to make such rifles] is a step toward reducing the instant accessibility of these weapons and preventing the tragedies of gun violence before they occur.”

The elitism of it all is rather staggering, as Larson is effectively telling Americans they can’t use credit to purchase lawfully made and lawfully sold products. This legislation is certainly in line with other recent attempts by gun-control proponents to attack the right of citizens’ to purchase firearms some people simply do not like by impeding their access to the financial marketplace.

The anti-Second Amendment founder of Mom’s Demand Action, Shannon Watts, for example, is on record proposing that credit-card companies should be able to block their cards from being used to purchase firearm parts.

Closely related to this idea is the announcement by the International Organization for Standardization (ISO) that it would create a new Merchant Category Code (MCC) specific to firearm and ammunition retailers—and, in the process, likely create a gun registry.

The ISO announcement followed a petition by Amalgamated Bank to create such a code just for gun stores. That petition was supported by some of the top anti-Second Amendment politicians, including Sen. Elizabeth Warren (D-Mass.) and New York Mayor Eric Adams (D), as well as the anti-gun groups Giffords and Guns Down America.

BNPL financing for firearms is offered by the company Credova. A prospective buyer applies for the BNPL financing as part of their firearm purchase. If the BNPL request is approved, the sale goes through.

Larson falsely stated in the press release that the BNPL financing provides “instant access” to firearms. Even if the BNPL purchase is approved, the buyer of the firearm still must successfully pass the required federal firearms background check, as well as any state-applicable checks and requirements, before a firearm can be transferred.

Like so many of the attempts to strangle Second Amendment rights, Larson and his allies claim that the “Assault Weapons Financing Accountability Act” is needed to reduce “mass shootings,” which they insist are being financed by BNPL even though they haven’t produced any data to support this claim.

Given the current political make-up of the U.S. House of Representatives, this bill is unlikely to gain traction. If both chambers of Congress were in line with the Biden administration’s view of our rights, however, then this could certainly become law.

E-Q-U-A-L Justice under Law.

BREAKING: Supreme Court Rejects Race-Based College Admissions

In a major 6-3 decision, the United States Supreme Court has struck down race-based admissions at two universities, declaring it a violation of the equal protection clause.

The conservative justices, led by Chief Justice John Roberts, made up the majority. Justice Sonya Sotomayor wrote the dissent in the Harvard case and was joined by Justices Elena Kagan and Ketanji Brown Jackson. Jackson wrote the dissent in the University of North Carolina case, joined by Sotomayor and Kagan.

In the majority opinion, Roberts writes that the court has “permitted race-based admissions only within the confines of narrow restrictions. University programs must comply with strict scrutiny, they may never use race as a stereotype or negative, and — at some point — they must end.”

He also wrote that “however well-intentioned and implemented in good faith,” the admissions programs at Harvard and UNC “fail each of these criteria.”

More from the majority opinion:

Immediately after Brown, we began routinely affirming lower court decisions that invalidated all manner of race-based state action.…

In the decades that followed, this Court continued to vindicate the Constitution’s pledge of racial equality. Laws dividing parks and golf courses; neighborhoods and businesses; buses and trains; schools and juries were undone, all by a transformative promise “stemming from our American ideal of fairness”: “‘the Constitution . . . forbids . . . discrimination by the General Government, or by the States, against any citizen because of his race.’”

The majority opinion closed by saying that “nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.”

In other words, Roberts and the majority maintain that a person’s race is an invaluable part of their background, but it should not be used to create new barriers to college admission.

“But,” Roberts concludes, “despite the dissent’s assertion to the contrary, universities may not simply establish through application essays or other means the regime we hold unlawful today.”

NY Gov. Kathy Hochul packs incredible gun control lies and claims into a 58-second video

I live in New York, which is one of the worst states to be a lawful gun owner and a taxpaying citizen. The proof is in the pudding; people vote with their feet when life becomes intolerable due to poor governance, and New York’s allegedly wonderful governance resulted in the loss of yet another congressional seat after the 2020 redistricting cycle.

It is grating to see Gov. Kathy Hochul still bragging about New York as some sort of bastion of freedom and opportunity in the face of the evidence of outmigration. Part of her braggadocio was a video her office posted on Twitter, discussing all the “good” she has done to keep the people of New York “safe from concealed carry weapons.”

First, you don’t have “rights” as a governor; you have powers to govern, and those powers are limited so they don’t violate the rights of the people.

Second, your job is to protect the people’s rights and liberties, and your matriarchal view on “protecting her people” is condescending bunk. Lastly, concealed carry weapons in and of themselves don’t do anything. It depends on who is carrying them. Criminals were carrying concealed weapons prior to NYSRPA v. Bruen and continue to carry after NYSRPA v. Bruen. However, ordinary people’s rights to carry guns in public were infringed by New York State’s discretionary permitting scheme.

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Demoncraps hate this one thing

The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now.
— SOUTH CAROLINA v. US, 199 U.S. 437, 448 (1905)

Honolulu, state of Hawaii coughs up six figures to sailor forced to give up his guns over mental health counseling

To be honest, I’ve got mixed feelings about this. While I’m glad that the city of Honolulu and the state of Hawaii are being forced to cut a check to Michael Santucci, the roughly $130,000 he’ll receive after his Second Amendment rights were violated doesn’t seem nearly enough to make up for the harm that was done to him.

Santucci was an active duty member of the Navy in 2021 when he sought a permit to possess a firearm in the home. After acknowledging that he had recently received mental health counseling, his application was rejected by the Honolulu PD on the grounds that he’d allegedly admitted to a significant mental health disorder. Not only was his permit denied, but the firearms he had previously lawfully purchased were seized by the Honolulu police.

In truth, Santucci was homesick, and simply wanted to talk to a counselor at Tripler Army Medical Center. Santucci ended up suing after his permit was rejected, and last year a federal judge ruled in his favor, declaring that Santucci had not demonstrated any sort of significant mental health disorder that would disqualify him under the Hawaii law while leaving the statute itself untouched.

After the judge’s ruling, the city and state settled with Santucci. The state of Hawaii agreed to fork over some $28,000 for Santucci’s trouble, while the city of Honolulu agreed to a $102,000 figure. Santucci still hasn’t received a check from the city, but it looks like one will soon be cut.

A Honolulu City Council committee Tuesday approved the city’s portion of the settlement — $102,500 — which goes to the full council next month.

The lawsuit by Michael Santucci alleged that the HPD seized his guns and that it held up his permit application in 2021 because he wrote down on his firearms questionnaire that he had recently received mental health counseling.

His lawyer said police had violated Santucci’s constitutional rights.

“Mr. Santucci’s case sort of demonstrates the attitude that HPD has toward people owning firearms. I think they view it really more as a privilege rather than a constitutional right,” said Santucci’s lawyer Alan Beck.

I’d say that’s an understatement on Beck’s part, and it’s not just limited to the city of Honolulu or its police department. As we reported earlier this week, local departments like the Honolulu PD are denying permits to anyone who possesses a medical marijuana card, and Gov. Josh Brown recently signed a carry-killer bill that prohibits lawful concealed carry in the vast majority of publicly accessible spaces, including all businesses by default.

The Democrats in charge of Hawaii’s government are doing everything they can to keep the islands gun-free and have displayed no concern or consternation about treading over a fundamental constitutional right in the process.

Because of Santucci’s legal actions the city of Honolulu has changed its questions on the firearms permit application, which will hopefully prevent this particular infringement from happening in the future. When it comes to getting the state to actually start treating the right to keep and bear arms as the fundamental right that it is, however, attorneys like Alan Beck and organizations like the Hawaii Firearms Coalition and the Hawaii Rifle Association still have their work cut out for them.

Always with the ‘but’………
Makes you wonder what he thinks about rights protected by the 4th and 5th amendments.

Tulsa police chief suggests nation transform response to gun violence

As mass shootings plague the country, Tulsa’s police chief is comparing the violence to 9/11 and urging a more comprehensive response. KWGS’ Max Bryan sat down with Chief Wendell Franklin for StateImpact. Please note, both the audio and transcript have been edited for length and clarity.

MAX BRYAN: So to begin, after the Saint Francis shooting, you said you would leave gun laws up to the state legislature, but by the end of that month, you had told media outlets that permitless carry was causing problems in Tulsa, and you reiterated that point after the mass shooting at Allen Outlet Mall in Texas last month. So my first question is what led you to decide to speak out?

WENDELL FRANKLIN: Well, because I don’t think that we’re moving the needle on anything. If you compare what we’re faced with 9/11, 9/11 occurred and it totally transformed America, totally transformed how you travel on airlines. No longer can you go to the terminal and see a loved one off or see someone come back. All of that is a sterile area. The federal government took over all airline security and there was this more robust effort to deal with and address some of the terrorist activities that were taking place. Fast forward to even structures, how structures were built, no longer are you building structures that have parking garages that you can access underneath a building. You can’t do that anymore. Today, all of that’s controlled. And any future buildings, those are not even a part of the actual building structure. They move those off to the side now, and here we are today, where we’ve recognized that we have some issues that need to be addressed, and we are operating as though everything is normal, and I don’t think everything is normal.

MB: So you’ve also criticized a lack of regulation of untraceable ghost guns and straw purchasing. Recently you indicated you would support regulating the purchasing of high-powered weapons like AR-15s. Is there anything you can add to that list today?

WF: Ultimately, I’m a Second Amendment guy. I own guns of course. But I’m okay giving up some of that freedom, right? We had to give up some of that freedom after 9/11. I’m okay with waiting three days, five days, or whatever to get my firearm if I go out and purchase another firearm. So I’m okay with a pause to allow for weapons to be purchased and allow the government and the gun companies to look at the background and do a thorough check before that gun goes to someone.

MB: Have you spoken to any members of the legislature about our state’s gun laws?

WF: In passing, I have. It’s a topic that’s not really brought up a whole lot and it’s something that gets glossed over quite a bit.

MB: How have those conversations gone?

WF: It’s an immediate pivot to some other topic. No one really wants to talk about it.

MB: Okay. So in December, you told me the second amendment was tricky. How do you balance challenges, or excuse me, changes that you believe will prevent crime with enforcing laws made by lawmakers who believe the second amendment means expanding firearm access?

WF: Ultimately, law enforcement, we are the experts. We’re the subject matter experts at protecting America, right? Protecting our cities. We should be utilized in that manner. I am charged with protecting this community. And if there are better ways of protecting it, I think we should be looking at those better ways to protect it. Anything that we do, ultimately, we give up something to have that protection. You know, we put seatbelt laws in place, I’m not exactly sure when, probably the 1980s, I think. And we mandated that everyone starts wearing a seatbelt, and it took some time for people to grab hold of that. But if you look today it is an automatic thing that people put on their seatbelt when they get into a vehicle. You feel uncomfortable not wearing that seatbelt. I think again, we give something up to get safety for, for something safe. I think that’s where we are today. We are going to have to give up some things. And I think there are some things that we can give up for a safer community.

 

Silencers/Suppressors are in Common Use for Lawful Purposes

U.S.A. — The number of legal suppressors or silencers in the United States shows they are in common use for lawful purposes.  As of January of 2023, the ATF shows there were over 3.1 million silencers or suppressors legally owned in the United States for lawful purposes. In January of 2020, there were 1.8 million. Over the last three years, the number of legal suppressors has increased by an average of 450,000 suppressors per year. By the end of 2023, it is reasonably expected there will be over 3.6 million suppressors in the United States of America. To own these suppressors, the owners have gone through a complicated and lengthy process, often taking a year or more to process their applications for tax stamps. The federal government requires tax stamps to purchase a silencer legally.

In District of Columbia v. Heller (2008), the U.S. Supreme Court held that the Second Amendment protects “arms ‘in common use at the time’ for lawful purposes like self-defense” and arms that are “typically possessed by law-abiding citizens for lawful purposes.” Such arms are “chosen by American society,” not the government.

Silencers/Suppressors are in Common Use for Lawful Purposes
Silencers/Suppressors are in Common Use for Lawful Purposes

American society chooses what arms are in common use. The government does not make the choices. By choosing to possess arms, the people choose what is in common use. It is the possession of the arms which determines whether they are in common use or not.  Possession of arms is a use of the arms. In Heller, the Supreme Court of the United States (SCOTUS) ruled:

The Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

In the Caetano decision, the Heller pronouncement was emphasized and magnified. When an arm was invented has nothing to do with whether it is protected under the Second Amendment. What matters is if the arm is in common use for lawful purposes. This was particularly emphasized by Justice Alito and Justice Thomas. From Caetano, concurrence by Justice Alito, joined with Justice Thomas:

The more relevant statistic is that “[h]undreds of thousands of Tasers and stun guns have been sold to private citizens,” who it appears may lawfully possess them in 45 States. People v. Yanna, 297 Mich. App. 137, 144, 824 N. W. 2d 241, 245 (2012) (holding Michigan stun gun ban unconstitutional); see Volokh, Nonlethal Self-Defense, (Almost Entirely) Nonlethal Weapons, and the Rights To Keep and Bear Arms and Defend Life, 62 Stan. L. Rev. 199, 244 (2009) (citing stun gun bans in seven States); Wis. Stat. §941.295 (Supp. 2015) (amended Wisconsin law permitting stun gun possession); see also Brief in Opposition 11 (acknowledging that “approximately 200,000 civilians owned stun guns” as of 2009). While less popular than handguns, stun guns are widely owned and accepted as a legitimate means of self-defense across the country. Massachusetts’ categorical ban of such weapons therefore violates the Second Amendment.

This was the first time SCOTUS put a number on what is “common use.”  Some may consider two hundred thousand items in the United States of America high, but this applies to many items. When legal suppressors were nearly banned by taxes of ten times the price of the item ($20 would buy most suppressors; the tax was/is $200), there were far fewer of them. In 2006, there were 150 thousand legally owned silencers in the USA.  Sometime between 2006 and 2011, the 200 thousand mark was passed. ATF records do not seem to be available from 2006 to 2010. In 2011, there were 285 thousand legal silencers.

The ATF and Biden administration’s strategy is to claim silencers are not “arms” but are only an accessory. It is difficult to see how they can claim silencers are not “arms” but are very dangerous.

The Texas case, Paxton v. Richardson, appears to be the most likely case to resolve this issue at this time.  In the case, Texas Attorney General Paxton has argued the common use, Second Amendment case, as well as persuasive arguments against the use of taxation to attack rights protected by the Second Amendment.

Judge Mark Pitmann heard the parties’ cross-motions for summary judgment in the case on June 15, 2023.

PRESIDENT BIDEN’S FANTASY GUN CONTROL AGENDA

Where the Answers are Made Up and the Second Amendment Doesn’t Matter

1600 Pennsylvania Avenue, we have a problem. The President is on the loose again, uttering nonsense about the Second Amendment.

President Joe Biden spoke to a collection of political donors as he’s gearing up his 2024 re-election campaign and used his gun control grindstone to churn out well-worn and discredited Second Amendment tropes. The problem is – it’s all malarky. No kidding, man.

President Joe Biden might just be the lying dog-face pony soldier he accuses others of being.

F-16s and AR-15s
The president belittled Americans who agree that the Second Amendment exists to prevent a tyrannical government from usurping power from the people.

“You know, I love these guys who say the Second Amendment is — you know, the tree of liberty is water with the blood of patriots. Well, if [you] want to do that, you want to work against the government, you need an F-16. You need something else than just an AR-15,” said President Biden according to Fox News.

Aside from the veiled threat to use actual weapons of war against the American people, President Biden’s swipe at Americans who value their rights was intended to target the lawful ownership of Modern Sporting Rifles (MSRs). There are over 24.4 million MSRs in circulation today. They’re the most popular-selling centerfire rifle in America.

Second Amendment Second Thoughts
“We have to change,” President Biden said. “There’s a lot of things we can change, because the American people by and large agree you don’t need a weapon of war. I’m a Second Amendment guy. I taught it for four years, six years in law school. And guess what? It doesn’t say that you can own any weapon you want. It says there are certain weapons that you just can’t own. Even during when it was passed, you couldn’t own a cannon. You can’t own a machine gun.… No, I’m serious.”

First, he’s overselling his authority as a law professor. President Biden briefly served as Benjamin Franklin Presidential Professor of the Practice at the University of Pennsylvania for two years between his terms as vice president and his campaign for The White House, according to a fact check by the Austin American-Statesman. He was paid $900,000 and his duties “involved no regular classes and around a dozen public appearances on campus, mostly in big, ticketed events,” the Philadelphia Inquirer reported.

His description as a “Second Amendment guy” might come as a surprise to other “Second Amendment guys.” That doesn’t normally include ideas like universal background checks that would require a national firearm owner registry, restrictions that would ban entire classes of firearms, repealing the Protection of Lawful Commerce in Arms Act (PLCAA) to allow frivolous lawsuits against firearm manufacturers for the criminal misuse of lawfully sold firearms by remote third parties or – as the president points out here – a clear ignorance of the National Firearms Act.

Fox News reported, correctly, that the Second Amendment makes no mention of firearm restrictions. Gun control laws at the federal level didn’t start until 1934 when the National Firearms Act was signed by President Franklin Roosevelt. That’s 143 years later.

Americans can legally own machine guns, although it is extremely restricted. No automatic firearm produced after May 1986 is available for commercial sale but those produced before then can be – and are – legally owned. Owners have to pay a $200 tax stamp and register them with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

When it comes to cannons, well, President Biden blasted that one too. It was legal to own a cannon when the Second Amendment was ratified in 1791. It’s still legal to own one today.

President Biden made the same erroneous claim in April 2022 and in June of 2021, when The Washington Post fact checked him on that one. He earned “Four Pinocchios,” writing “Biden has already been fact-checked on this claim — and it’s been deemed false. We have no idea where he conjured up this notion about a ban on cannon ownership in the early days of the Republic, but he needs to stop making this claim.”

Rapid-Fire Falsehoods
None of this is new. President Biden, who claims to own two shotguns, is hardly the Second Amendment expert he presents himself to be. He once told his wife she should “fire two blasts” of a shotgun blindly into the air if she felt threatened. That’s terrible and dangerous legal advice. Among the four fundamental firearm safety rules is to know your target and what is beyond.

This advice was actually invoked in a court case, where the accused, Jeffrey Barton, was charged with aggravated assault. Prosecutors ended up dropping those charges and instead charged him with police obstruction, of which he was convicted.

President Biden once argued to ban 9 mm Glocks, claiming in an interview with Charlie Rose that he could kill more people with a .38-caliber revolver. He also oddly told police they should shoot “unarmed” attacking criminals wielding knives “in the leg.” Police ripped that suggestion. Fox News reported the Fraternal Order of Police said it was “completely ridiculous,” “unrealistic” and a “pandering talking point.”

President Biden didn’t stop there. He believes that 9 mm handguns are especially dangerous.

“A 9 mm bullet blows the lung out of the body,” President Biden said. “The idea of a high caliber weapon, there is simply no rational basis for it in terms of self-protection, hunting.”

The president’s 9 mm claim was debunked as “bullsh*t,” by a federal agent with 15 years of service. Another with 20 years said, “Not possible.” A 21-year veteran of the U.S. Marshal fugitive recovery task force told Breitbart that President Biden’s claim is, “… not even in the realm of possibility.”

That’s the problem with President Biden. He’s living in a fantasy world of utter nonsense.

Meet the U.S. Senate’s Gun-Control Caucus

It is real American political theater to think of all the members of the U.S. Senate’s new gun-control caucus, which formally named itself the “Gun Violence Prevention Caucus,” sitting around a table in some hidden-away chamber in the Dirksen Senate Office Building plotting their many gun-control schemes—and, as you’ll see, they do have quite the list. This, after all, is how Hollywood has often treated the pro-freedom side.

Indeed, the members of this little gun-control cabal, as this was going to print, are a who’s who of senators who want to strip this civil right from we the people. They are Sens. Dianne Feinstein (D-Calif.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Bob Menendez (D-N.J.), Chris Murphy (D-Conn.), Edward Markey (D-Mass.) and John Hickenlooper (D-Colo.).

Closed-door meetings and quiet handshakes do take place as one senator promises to co-sponsor another’s bill if that senator will vote for their proposed legislation (or if they won’t oppose some measure). And there are legislative tactics congressional leadership can use to rush legislation with little debate or, in some cases, to temporarily conceal what is in a bill—such is why Rep. Nancy Pelosi (D-Calif.) once famously (as it was an honest disclosure) gaffed when she referred to Obamacare: “We have to pass the bill so that you can find out what is in it.”

Also, with certain types of legislation, riders and earmarks can be attached at the last minute that might have nothing to do with what that legislation is supposed to do.

Still, this gun-control caucus will have a hard time secretly moving any of its agenda items forward, as the American process of writing, debating and passing major legislation through both chambers of Congress invites a lot of attention and discussion—and some of the people watching are your NRA-ILA lobbyists.

With all of that said, why did these anti-Second Amendment senators form a gun-control caucus?

Politics. Such a caucus allows them to gather for the cameras as they virtue-signal about their stated desire to “reduce gun violence,” as if guns are violent critters that need to be neutered or outright disposed of. These gun-control-caucus members know that much of the mainstream media will further their narratives without questioning the specifics. They also know they can use talking points related to such proposed legislation to fundraise and to make the claim to their voters that they’re trying to do something—and they can then add that the NRA, yes, your freedom-loving association, just won’t let them push it over on the American people.

Such is also why much of the proposed legislation on this gun-control caucus’ list have disingenuous titles. And it’s why all of these legislative ideas are worded with misleading explanations.

This caucus’ ideas include the Age 21 Act (legislation that would strip away the constitutional rights of law-abiding, legal adults), a new Assault Weapons Ban (an idea that blames guns instead of criminals for crimes), the Crime Gun Tracing Modernization Act (an act that would create a national gun-owner database), Ethan’s Law (legislation to empower federal agents to go into citizens’ homes to enforce gun-storage mandates), the Protecting Kids from Gun Marketing Act (legislation to empower the Federal Trade Commission to censor advertising from firearms companies and groups) and much more.

Also, as this was going to print, this gun-control caucus said they planned to introduce the 3D Printed Gun Safety Act, the Accountability for Online Firearms Marketplaces Act, the Background Check Completion Act, the Federal Firearm Licensing Act, the Gun Violence Prevention Through Financial Intelligence Act, the Keeping Gun Dealers Honest Act and much more. Explanations of what these bills would contain are thin, but, given the past positions of these caucus members, it isn’t hard to fill in the gun-control details.

Now, for a moment, imagine if a Second Amendment-supporting caucus in the U.S. Senate were to come up with its own list. They could have The Individual Freedom Act (a national reciprocity bill), the Civil-Rights Act for Self-Preservation (a bill to ensure the disenfranchised get their Second Amendment freedom, too), the Right to Stop Evildoers Act (an end to “gun-free” zones) … well okay, all of those ideas aren’t deceptive in the least; they are honest, so the comparison to the gun-control legislation really doesn’t hold up.

The point is, these senators have created a gun-control caucus to provide fuel for even more agenda-driven gun-control coverage from mainstream-news outlets. Instead of targeting the actual problem—the criminals who use guns to harm others—this gun-control caucus is yet another political tool designed to blame America’s 100-million-plus gun owners for the actions of criminals.

This, then, is not a “Gun Violence Prevention Caucus,” as they call themselves, as that would be a caucus focused on legislation that goes after violent criminals; this is, rather, a gun-control caucus focused solely on disempowering average Americans.

 

 

I wouldn’t say it’s a ‘victory’. A judge on the Appeals Court simply stayed enforcement of an injunction to stop the law from taking effect.

NJ scores victory in federal court over concealed carry gun legislation

A federal court issued an order in favor of the state on Tuesday as the latest development in the legal battle over gun reform legislation.

The order, a stay requested by the state last month, will make it so that enforcement of limits on where concealed weapons can be carried in New Jersey is not restricted.

The motion filed by the state’s Attorney General’s Office said that not allowing enforcement of the restrictions “threatens public safety by allowing loaded guns in crowded theaters, bars, protests, and Fourth of July celebrations in parks, as well as zoos and libraries where children gather — just to name a few.”

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FOID card legal battle moves forward in Sangamon County

SPRINGFIELD, Ill. (WAND) — Attorneys presented oral arguments Tuesday morning in the Sangamon County court battle over the constitutionality of FOID cards in Illinois.

Guns Save Life founder John Boch believes it is unconstitutional for the state to require people to have a license before they can buy guns.

Boch’s lawsuit was originally filed in 2019 against Attorney General Kwame Raoul, Illinois State Police Director Brendan Kelly, former McLean County State’s Attorney Don Knapp, and former McLean County Sheriff Jon Sandage.

However, the case is now only between Guns Save Life Inc. and Kelly as the Illinois State Police are the organization responsible for the FOID card system.

Plaintiffs argued Tuesday that the FOID Act burdens actions protected under the Second Amendment. Attorney Christian Ambler said the U.S. Supreme Court’s decision in the 2022 Bruen case found laws similar to the FOID Act are unconstitutional.

Although, the Attorney General’s office said this is a straightforward case. Assistant Attorney General Isaac Freilich Jones noted that people apply for FOID cards and the Illinois State Police issue the identification cards if they are not found to be criminals. Jones said there is no difference between waiting for a FOID card and waiting for a background check before buying a gun.

Ambler later argued that there is no historical support for a law allowing states to require people to have a license before they can purchase guns. He said people did not face this type of burden when the Second Amendment was approved by Congress in 1789.

Yet, the Attorney General’s office stressed there is no way to prove that people living in the 18th century would disapprove of the FOID law. They also claimed that there is no world where $10 is an unreasonably high fee to pay for a FOID card. However, plaintiffs said there is no historical context for fees people would face before purchasing their firearms.

Judge Jennie Ascher was assigned to the case Tuesday morning and told counsel that she would take the matter under advisement. Both sides were also asked to provide their proposed orders for the case within 21 days.