When Their Lawyers Show They Do Not Know the Law Very Well

 I mentioned a few days ago, that California is suing a Florida company for distributing 3D printer files for firearms.  They filed the suit in San Francisco Superior Court. But they are suing citizens of Florida. U.S. Const., Art. III, sec. 2 provides that federal courts have jurisdiction in cases "between a State and Citizens of another State," because of Amendment 12 (1795). This matters why? Where are the defendants more likely to get a friendly judge and jury. They are moving the suit to Middle District of Florida federal court.

Rife for First Amendment Challenge

 California v. Gatalog (Sup.Ct.Cal. 2026):

The People bring this action against Gatalog Foundation Inc., CTRLPew LLC, Alexander Holladay, Matthew Larosiere, and John Elik (a/k/a “Ivan The Troll”) for unlawfully distributing computer code for 3D printing firearms and prohibited firearm accessories and for promoting and facilitating the unlawful manufacture of 3D printed firearms and firearm accessories in violation of Civil Code sections 3273.61 and 3273.625 and the Unfair Competition Law (Bus. and Prof. Code § 17200 et seq.). 

I had no idea that distributing computer code was unlawful.

Please Suggest a Solution For America

Australia's ban on antisocial media for those under 16 seems a logical attempt at returning useful literacy and maturity to kids.  Pretty clearly, this is not possible in America. Aside from the enormous need that parents have to fob off parenting to anyone else, there are likely constitutional questions. Is there any way to give the next generation a chance?

Nothing As Entertaining As Watching Eurocrats Defend Censorship

12/27/25 The Hill.

I suspect many Europeans still support free speech.  Their governments not so much.

Where Progressive Thought Takes You

9/3/25 Telegraph article on Yahoo News lists some of now ten of thousands of arrests for free speech in Britain.  There are one or two that do indeed seem perilosly close to incitement to riot but most are just a reminder that when you define everyone on a hierarchy of victimhood, free speech dies.

The Fascists Drop the Mask

8/25/24 Fox News:

"Retired Lt. Col. Alexander Vindman, who made waves as a key witness in the impeachment trial against former President Donald Trump, issued a warning to Elon Musk on Sunday after Telegram messaging app CEO Pavel Durov was arrested in France.

"Durov was served with an arrest warrant in Paris on Saturday night following a preliminary police investigation surrounding his alleged failure to sufficiently limit criminal activity on Telegram, according to TF1 TV and BFM TV. 

"While experts and industry leaders sounded the alarm about the international free speech implications of his arrest, Vindman championed the move, taking to X to warn its CEO about the "growing appetite for accountability" before suggesting that Musk could be next....

"Vindman's warning to Musk seemingly garnered significant backlash, prompting him to double down in a follow up post, where he railed against "free speech absolutists weirdos.""

Yes, if you want to know why our current masters need to be overthrown,  here it is.

Would President Harris Extradite?

You betcha. 8/9/24 Fox News:

"London's Metropolitan Police chief warned that officials will not only be cracking down on British citizens for commentary on the riots in the U.K., but on American citizens as well.

"We will throw the full force of the law at people. And whether you’re in this country committing crimes on the streets or committing crimes from further afield online, we will come after you," Metropolitan Police Commissioner Sir Mark Rowley told Sky News."

I think such extradition would cross the clear line of ctuonable criminal behavior by our government. 

8/9/24 Reuters clarifies that posted material need not be incitement to riot:

"The act, passed in October but not set to be enforced until early next year, allows the government to fine social media companies up to 10% of global turnover if they are found in breach.

At present, companies would only face a fine if they fail to police illegal content, such as incitments to violence or hate speech. Proposed changes could see Ofcom sanction companies if they allow "legal but harmful" content such as misinformation to flourish."

Legal but harmful.  I would call 1619 Project legal but harmful.  The solution to bad free speech is more good free speech.

In a Technical Sense She is Right....

But free speech doctrine is about to get bent badly out of shape.  10/16/23 CNN:

CNN — A federal judge on Monday issued a gag order on former President Donald Trump, limiting what he can say about special counsel Jack Smith’s federal prosecution into his alleged attempt to subvert in the 2020 presidential election.

The order restricts Trump’s ability to publicly target court personnel, potential witnesses, or the special counsel and his staff. The order did not impose restrictions on disparaging comments about Washington, DC, – where the jury will take place – or certain comments about the Justice Department at large, both of which the government requested.

There is certainly a case that speech that incites violence against prosecutors, witnesses, or judge is not protected speech.

But what qualifies as such?  Brandenburg v. Ohio (1969) severely limited the definition of incitement.  It is hard to fit anything Trump says on social media into the narrow definition imposed by Brandenburg.

The goal seems to be to intimidate Trump from doing what he does best: campaigning by appealing to the "forgotten man." That DOJ attempted to prohibit him from disparaging D.C. or the DOJ just shows how fascist this government has become.  D.C. disparages itself by existing.

The Case Against Life-Time Tenure for Federal Judges

L.M. v. Middleborough (D.Mass. 2023):

On March 21, 2023, L.M. attended school at Nichols in a t-shirt with the message “THERE ARE ONLY TWO GENDERS” (the “Shirt”). L.M. Aff. ¶ 14 [Doc. No. 43].1 While L.M. was participating in gym class, Principal Tucker asked L.M. to come speak with her. Id. at ¶ 15; Tucker Aff. ¶ 6 [Doc. No. 46]. Tucker informed L.M. that he could not wear the Shirt because of complaints, and that he could either remove the Shirt or discuss it further in another room. L.M. Aff. ¶ 15 [Doc. No. 43]; Tucker Aff. ¶ 6 [Doc. No. 46]. L.M. indicated he would like to discuss it further and Tucker escorted him to another room, where the school counselor joined the conversation. L.M. Aff. ¶ 16 [Doc. No. 43]; ...

Here, the School’s rational for prohibiting the Shirt is not that LM is bullying a specific student, but that a group of potentially vulnerable students will not feel safe. A broader view directed at students’ safety has been acknowledged by other courts.

Do not hurt anyone's feelings justifies censorship.  Wait until some school bans rainbow flag T-shirts.

One of the Funnier Supreme Court Amicus Briefs Ever Written

 BRIEF OF THE ONION AS AMICUS CURIAE IN SUPPORT OF PETITIONER

The Onion is the world’s leading news publication, offering highly acclaimed, universally revered coverage of breaking national, international, and local news events. Rising from its humble beginnings as a print newspaper in 1756, The Onion now enjoys a daily readership of 4.3 trillion and has grown into the single most powerful and influential organization in human history. 

 In addition to maintaining a towering standard of excellence to which the rest of the industry aspires, The Onion supports more than 350,000 full- and parttime journalism jobs in its numerous news bureaus and manual labor camps stationed around the world, and members of its editorial board have served with distinction in an advisory capacity for such nations as China, Syria, Somalia, and the former Soviet Union. 

On top of its journalistic pursuits, The Onion also owns and operates the majority of the world’s transoceanic shipping lanes, stands on the nation’s leading edge on matters of deforestation and strip mining, and proudly conducts tests on millions of animals daily. 

Yes, this is part a brief on a serious matter:

Americans can be put in jail for poking fun at the government? This was a surprise to America’s Finest News Source and an uncomfortable learning experience for its editorial team. Indeed, “Ohio Police Officers Arrest, Prosecute Man Who Made Fun of Them on Facebook” might sound like a headline ripped from the front pages of The Onion—albeit one that’s considerably less amusing because its subjects are real. So, when The Onion learned about the Sixth Circuit’s ruling in this case, it became justifiably concerned. First, the obvious: The Onion’s business model was threatened. This was only the latest occasion on which the absurdity of actual events managed to eclipse what The Onion’s staff could make up. Much more of this, and the front page of The Onion would be indistinguishable from The New York Times.  ...

The Onion cannot stand idly by in the face of a ruling that threatens to disembowel a form of rhetoric that has existed for millennia, that is particularly potent in the realm of political debate, and that, purely incidentally, forms the basis of The Onion’s writers’ paychecks. ...

The Onion’s motto is central to this brief for two important reasons. First, it’s Latin. And The Onion knows that the federal judiciary is staffed entirely by total Latin dorks: They quote Catullus in the original Latin in chambers. They sweetly whisper “stare decisis” into their spouses’ ears. They mutter “cui bono” under their breath while picking up after their neighbors’ dogs. So The Onion knew that, unless it pointed to a suitably Latin rallying cry, its brief would be operating far outside the Court’s vernacular.  

Hat tip: Instapundit. 

Common Carrier Status Bites Antisocial Media

NetChoice v. Paxton (5th Cir. 2022) struck down a district court's preliminary injunction against a Texas law that prohibited antisocial media from viewpoint-discrimination and free speech with several minor but completely defensible exceptions.  In brief they decided that being common carriers under federal law (which protects them from responsibility for libel or slander) means that they cannot violate the free speech rights of Texans (which in practice protects the rights of anyone because Texans have the right to speak and read the opinions of others). Repeatedly, the decision emphasizes that this law does not deny the antisocial media companies' freedom of speech but their freedom of censorship.   The companies are free to speak freely in opposition to crimethink but they may not prohibit it except in three very narrow categories.

I know many libertarian organizations defend censorship because these are private companies and besides many libertarian organizations are really more sympathetic to suppression of anti-LGBT speech than any real support of free speech.  (They might start sounding conservative if they supported the right to say icky things about an important libertarian affinity group.)

This is pretty major.  Twitter, Facebook, and YouTube are going to need to allow awful people like former President Trump, the New York Post, and the rest of the "semi-fascists" to share the modern public square with BLM, Antifa, and the Democratic Party.

This is not the final decision but at least it is not a slam dunk by the world's most powerful and richest corporations to maintain control of acceptable speech.

For some reason, I am unable to reply to comments.  If a group wants to meet in a restrained environment, do not use antisocial media.  Under the current rules, the hypothetical group mentioned would likely be prohibited anyway for homophobic content.  The Texas law does not prevent free speech (what the 1st Amendment protects), it prevents censorship.

I See a First Amendment Challenge

8/28/22 New York Times:

"Trying to strike a balance between free speech and public health, California’s Legislature on Monday approved a bill that would allow regulators to punish doctors for spreading false information about Covid-19 vaccinations and treatments."

I am wondering if a government taking your medical license is really lawful.  There is a lot of claims being made that seem to not survive careful analysis, but even if a doctor says something incorrect if he actually believes it to be true, his First Amendment rights are being denied.  California fascist government.  No surprise. 

Library Censorship?

9/23/22 NBC News:

For months, a group of conservative Christians have inundated the staff and board of a public library in Bonners Ferry, Idaho, with complaints about books they didn’t want to see on the shelves.

Their list of more than 400 titles predominantly focuses on young adult books with LGBTQ characters, scenes describing sexual activity or invoking the occult.

The only problem: None of the books are in the library’s collection. ....

“We want a strongly written policy that will not allow the library to order materials with sex acts,” the group stated on Facebook this month, adding that the American Library Association “has brainwashed our libraries” into believing this is a First Amendment issue.

The fight in Bonners Ferry over what books are allowed in the Boundary County Public Library echoes battles playing out at libraries across the country. Conflicts over literature that discuss sexuality and contain explicit passages have bled from school board meetings into library board meetings, as conservative and far-right activists call for bans on books, Pride Month displays and membership to the American Library Association.  

The problem is not the books that are already on the shelves but concern the library might put them on the shelves.  For those who find these concerns silly, let me ask you a few questions:

1. If your local public library purchased The Turner Diaries, would you be upset?  It is a well-written, entertaining, hate-filled book promoting theories of the Nuremberg Trials that are fiercely absurd and promoting race war against blacks, Jews, and Hispanics. (It seems to me to have some inspiration from Jack London's The Iron Heel, a similarly entertaining story of rebellion against capitalists.) Should public funds be expended to buy a book whose royalties doubtless end up in neo-Nazi pockets?  Should the limited shelf space in a library be used for a hate-filled book?

2. What about a serious book questioning the validity of the transgender claims?  Does that deserve public funds and shelf space?

3. What about 1960s hardcore porn, say High School Hooker? 

4.  The Plot Against Christianity The book "reveals the satanic hatred of Christ and Christians responsible for their mass murder, torture and slave labour in all Iron Curtain countries – all of which are ruled by Talmudists". After her death, it was retitled The Jewish Religion: Its Influence Today.

5. Any book promoting or giving a sympathetic portrayal of bestiality, female genital mutilation, or slavery?  Cannibals All! (1857) is historically important, but what about a modern work giving a sympathetic hearing to slavery?

If your answer is No, then you understand the dilemma of most Americans who are told to accept public libraries buying offensive and destructive trash, then called bigots for saying, "Not in public libraries."  You can still order such books from Amazon or other private institutions.  

"Not with my money!  Not in an institution which my taxes fund!"

8/24/22 Washington Post article about a town that defunded its library:

The National Library Association’s young adult branch named 10 winners in 2020, including a post-apocalyptic thriller about a boy searching for his lost dog, a science-fiction horror about twins with superpowers and a memoir about growing up nonbinary called “Gender Queer.”

Amber McLain, the library’s director at the time, ordered a copy of each. Pink-haired and openly queer, the 30-year-old stood out in a county that hadn’t backed a Democrat for president since 1864. Yet people embraced McLain, her former colleagues and patrons said.

“She helped bring my son out of his shell,” said one mother, Sara Crockett, checking out a STEM toy kit on a recent afternoon. “He’d light up when he saw her.”

“I miss Miss Amber,” 5-year-old Cecil said, clutching her hand.

Nobody complained about McLain until last November, after video of a Virginia mother condemning “Gender Queer” as “pornographic” took off on social media and protests against the memoir spread nationwide.

The 239-page graphic novel contains illustrations of masturbation, a sex toy and oral sex, as well as depictions of menstrual blood. Fans saw the scenes as part of the author’s coming-of-age experience, while critics blasted them as sabotage to developing minds. “Gender Queer” became the most banned book of 2021.

Reading the comments at the Washington Post is a reminder that America may need an amicable divorce.  Or the left can stop its abusive relationship with America.  Let us be us; stop trying to force us to be them.  But like most domestic abusers, the damage is so severe that I doubt they can stop.  "She made me do it!  She would not let me put obscene material around the house where the kids could find it.  She insisted that I could not take her paychecks and spend the weekend drinking on a Vegas weekend with my buddies!"

Alex Jones

I see that Alex Jones, purveyor of conspiracy theories to people weak on reasoning is going to pay for defaming the parents of the Newtown dead.

Freedom of speech was never intended to protect false defamatory, libelous, and slanderous speech.  I agree with those who say the Sullivan decision damaged our libel laws in ways that encourage careless and dishonest news media.  This does not in anyway make spreading lies that damage the reputation of others acceptable.  This is not "hurt feelings."  This is destroying reputations so badly that unhinged sorts make threats to those defamed.

Alex Jones says ridiculous things to get clicks.  He made his money.  Now he is responsible for the damage he did making that money.

Boston Flies Its True Colors

 5/2/22 CNN:

Washington (CNN)The Supreme Court unanimously ruled Monday that Boston violated the First Amendment rights of a group seeking to briefly raise a Christian flag atop a city flagpole outside of City Hall as a part of a city program celebrating Boston's greater community.

The court said that the flag display amounted to a public forum, and because many other groups were allowed to raise their flags in celebration of the Boston community, the city could not discriminate on the basis of the religious group's viewpoint without violating the Constitution.

"We conclude that, on balance, Boston did not make the raising and flying of private groups' flags a form of government speech," Justice Stephen Breyer wrote.

It has long been my opinion that much of American case law about the First Amendment has been based in hostility to Christian beliefs--in a nation where Christians have long been the majority. 

You Did Not Even Know This Was a Crime, I Will Bet

 3/15/22 Washington Post:

Like Little, Wiedrich pleaded guilty to a petty offense of illegal parading, punishable by no more than six months of incarceration.

What distinguishes parading from free speech? 

I Confess, This Is a Surrealistic Version of 1984

 3/14/22 Newsweek:

Anti-war protesters in Russia are being detained by police for holding up blank posters as part of demonstrations protesting against President Vladimir Putin's invasion of Ukraine.

As mass demonstrations against Russia's invasion of Ukraine continue to intensify, a woman in in Nizhny Novgorod, in central Russia, was arrested on Sunday for protesting with a blank sign.

In the Battle Between Free Speech and Feelingz, Guess Who Loses?

2/25/22 Front Page:

Päivi Räsänen is a member of the Finnish Parliament, a former minister of the interior, a public speaker and the mother of five grown children.

She faces a heavy fine and two years in prison for quoting the Bible.  In response to the Evangelical Lutheran Church’s affiliation with the Helsinki LGBT Pride event, she posted the Bible passage from Romans 1: 24-27 which condemns homosexual behavior.

Finnish prosecutors stated that the use of the word “sin” could be harmful, and alleged that Ms. Räsänen’s comments were made to cause intolerance, contempt, and hatred toward homosexuals.

But couldn’t the prosecutor’s remarks cause intolerance, contempt and hatred toward Ms. Räsänen?  If criticizing another person’s beliefs or behavior is a hate crime, then isn’t she the victim of a hate crime?

The court prosecutors worried that the word “sin” could be harmful.  One supposes they mean harmful to one’s self-esteem.  And, indeed, the list of sins in Romans 1: 24-32 is meant to make you feel bad about yourself.  From a Biblical perspective, acknowledgment of sin, followed by repentance, leads on to salvation.  In other words, feeling bad about your behavior is, in some cases, a good thing.  It’s not only homosexual behavior that is condemned in Romans I.  The extended passage condemns all manner of sins including idolatry, deceitfulness, envy, gossip, slander, and disobedience to parents.

From one point of view this is highly offensive and insulting to those disposed to deceitfulness and slander.  From another point of view, it can be looked upon as highly therapeutic—a moment of self-recognition that leads on to change. 

Let me join in offending:

1 Paul, a servant of Christ Jesus, called to be an apostle and set apart for the gospel of God— 2 the gospel he promised beforehand through his prophets in the Holy Scriptures 3 regarding his Son, who as to his earthly life[a] was a descendant of David, 4 and who through the Spirit of holiness was appointed the Son of God in power[b] by his resurrection from the dead: Jesus Christ our Lord. 5 Through him we received grace and apostleship to call all the Gentiles to the obedience that comes from[c] faith for his name’s sake. 6 And you also are among those Gentiles who are called to belong to Jesus Christ.

7 To all in Rome who are loved by God and called to be his holy people:

Grace and peace to you from God our Father and from the Lord Jesus Christ.
Paul’s Longing to Visit Rome

8 First, I thank my God through Jesus Christ for all of you, because your faith is being reported all over the world. 9 God, whom I serve in my spirit in preaching the gospel of his Son, is my witness how constantly I remember you 10 in my prayers at all times; and I pray that now at last by God’s will the way may be opened for me to come to you.

11 I long to see you so that I may impart to you some spiritual gift to make you strong— 12 that is, that you and I may be mutually encouraged by each other’s faith. 13 I do not want you to be unaware, brothers and sisters,[d] that I planned many times to come to you (but have been prevented from doing so until now) in order that I might have a harvest among you, just as I have had among the other Gentiles.

14 I am obligated both to Greeks and non-Greeks, both to the wise and the foolish. 15 That is why I am so eager to preach the gospel also to you who are in Rome.

16 For I am not ashamed of the gospel, because it is the power of God that brings salvation to everyone who believes: first to the Jew, then to the Gentile. 17 For in the gospel the righteousness of God is revealed—a righteousness that is by faith from first to last,[e] just as it is written: “The righteous will live by faith.”[f]
God’s Wrath Against Sinful Hu

manity

18 The wrath of God is being revealed from heaven against all the godlessness and wickedness of people, who suppress the truth by their wickedness, 19 since what may be known about God is plain to them, because God has made it plain to them. 20 For since the creation of the world God’s invisible qualities—his eternal power and divine nature—have been clearly seen, being understood from what has been made, so that people are without excuse.

21 For although they knew God, they neither glorified him as God nor gave thanks to him, but their thinking became futile and their foolish hearts were darkened. 22 Although they claimed to be wise, they became fools 23 and exchanged the glory of the immortal God for images made to look like a mortal human being and birds and animals and reptiles.

24 Therefore God gave them over in the sinful desires of their hearts to sexual impurity for the degrading of their bodies with one another. 25 They exchanged the truth about God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.

26 Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. 27 In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.

28 Furthermore, just as they did not think it worthwhile to retain the knowledge of God, so God gave them over to a depraved mind, so that they do what ought not to be done. 29 They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, 30 slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; 31 they have no understanding, no fidelity, no love, no mercy. 32 Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them.

 

Never Make Fun of Soviet Government

 Especially in Moscow, Idaho.  From Redoubt News:

Moscow, Idaho–“I knew our justice system had gone wobbly, but if this kind of political prosecutorial harassment can happen in Idaho over something as trivial as stickers, God help anybody dealing with serious issues,” Nate Wilson said. 

Wilson’s two teenage sons (now 19 and 14) are ten months into their prosecution by the City of Moscow and Latah County for posting non-damaging stickers on poles without permission in downtown Moscow. Wilson himself is being prosecuted as an accessory.

City of Moscow, Latah County Prosecutors, and MPD seem to have taken several missteps in the prosecution.

City Attorney, Elizabeth Warner, originally charged the Wilsons with 13 misdemeanors each. But after the story made headlines, charges have been reduced to a single misdemeanor count each. For the adults, a single misdemeanor still carries a maximum sentence of six months in prison and creates a permanent criminal record. The sticker incident happened back in October of 2020. 

The charges are based on city ordinance, Title 10 Section 1-22 which prohibits the posting of any, “notice, sign, announcement, or other advertising matter” on fences, buildings, or poles. 

In Moscow history, the city has never issued a single citation or prosecuted anyone based on this ordinance, although yard sale signs, stickers, and “advertising matter” are regularly posted on poles throughout the city as a routine mode of public communication.

Rory Wilson, 19, who was a recent member of Bill Lambert’s “Mayoral Youth Council”, and his younger brother, 14, were stopped by Moscow Police after they had received a report that someone was posting stickers on poles around downtown Moscow. The stickers bore a hammer and sickle and read, “Soviet Moscow – Enforced Because We Care.” The stickers were created as a political protest of the now infamous and illegal arrests that MPD made at a peaceful psalm sing outside City Hall in Sept. 2020.

Neither teenager was Mirandized by the police although the boys were both in custody and interrogated. Police allege that Rory was upset and had to be handcuffed on the sidewalk until he calmed down. An accusation that Rory and his brother find laughable. According to the boys, an officer stopped them and asked for ID. Rory responded that he didn’t think Idaho was a “stop and identify state”. This upset the officer, who responded by handcuffing Rory and forcing him to the sidewalk, where he was then interrogated. His juvenile brother was taken away from him, told he did not have a right to remain silent, and was interrogated alone against a squad car. Their father was asleep at home at the time.

Wilson said, “Magically, despite the number of mic’d up officers and patrol cars involved, MPD has refused to hand over a single recording of the incident from body cams, body mics, or dash cams. We have been told that all those recordings somehow ‘do not exist’. So, my sons are now in the unfortunate position shared by so many young men around the country—it’s their word against the word of police.

Important Solution to Doxxing

 AMERICANS FOR PROSPERITY FOUNDATION v. Bonta (2021).  The setup is long. but the essence is that charitable organizations in California are required to disclose major donors.  Those with a potential for fixing the immorality that is California are being required to expose who these donors are, opening them up to all sorts of harassment and potential loss of jobs.  For the same reasons that the Court struck down a similar rule in NAACP v. Alabama (1958).

Your progressive friends will insist the situations are very different: the NAACP was fighting racism, while these organizations are fighting the essence of love and understanding.