“SYSTEMIC RACISM” IN STEM FIELDS AND STATISTICAL ILLITERACY. They go together like peanut butter and jelly.

Here’s a suggestion: stop trying to get every high school student into calculus, about which 99% of the kids are right when they complain “I’ll never use this!,” and make the default last year of math a course in basic statistics, which 99% of them will need in order to avoid being bamboozled every day of their lives.

NYT (WITH SENATE SAFELY IN DEM HANDS): HEY EVERYONE, SOME RANDO SAYS ALITO IS PROBABLY THE DOBBS LEAKER! “(CNN)–A former evangelical activist claimed…” So, no ulterior motive there.

TWITTER’S EX-‘TRUST AND SAFETY’ HEAD IN THE NYT: MUSK BETTER WATCH OUT. Paywalled, because for people who hate free markets, NYT sure does like its revenue. But a couple of his points (excerpted here) while good ones, have easy solutions:

Twitter remains bound by the laws and regulations of the countries in which it operates. Amid the spike in racial slurs on Twitter in the days after the acquisition, the European Union’s chief platform regulator took to the site to remind Mr. Musk that, in Europe, an unmoderated free-for-all won’t fly… Mr. Musk’s principle of keying Twitter’s policies on local laws could push the company to censor speech it has been loath to restrict in the past, including political dissent.

For the nominally “free” world, this has a solution so obvious that the fact nobody ever suggests it is itself disturbing: censor the tweet content as required by law but have it still remain on the timeline with a notice saying “This tweet is blocked due to local laws.” (Do it here, too!) If governments want to pass laws requiring the censorship be secret, let them try.

There is one more source of power on the web — one that most people don’t think much about, but which may be the most significant check on unrestrained speech on the mainstream internet: the app stores operated by Google and Apple…. In my time at Twitter, representatives of the app stores regularly raised concerns about content available on our platform. On one occasion, a member of an app review team contacted Twitter, saying with consternation that he had searched for “#boobs” in the Twitter app and was presented with … exactly what you’d expect. Another time, on the eve of a major feature release, a reviewer sent screenshots of several days-old tweets containing an English-language racial slur, asking Twitter representatives whether they should be permitted to appear on the service.

First, tell me more about how Apple likes to blackmail app developers over allowing free expression. (Maybe Congress would like to know about that too.) Second, throwing Twitter out of the app store for free speech is just too dumb a move for Apple to make. They can do it to smaller, less politically important apps, but we live in a country where we put Microsoft through the antitrust wringer for bundling a browser with Windows. Apple’s app store is a cash geyser; they can’t afford to risk getting it trustbusted just to shut down the Babylon Bee again.

THE TYRANNY OF THE CAMPUS HR DEPARTMENT. In 19 years at FIRE, I saw a lot of abuses, but now that I’m in private practice I can see that HR has been weaponized even more than I thought. Here are just a few of the “offenses” that spurred abusive HR investigations we’ve dealt with in our small, fairly new practice alone:

• Hanging a movie poster in a faculty office that the movie director had personally autographed.
• Instructing an undergraduate that the faculty member’s recommendation was needed to get into graduate school.
• Refusing to write an undergraduate recommendation after the student failed to provide application materials.
• Exchanging gardening pictures of flowers with a staff member.

If you or someone you know is going through this now, shoot them a link — it might tell them what to expect, and I presume it applies at many companies as well.

THE BEST NEWS YET: “TWITTER’S MODERATION SYSTEM IS IN TATTERS.”

“At this moment, we have nobody to reach out to,” says Nina Santos, a researcher at the Brazilian National Institute of Science & Technology in Digital Democracy. “All the people that we were talking with are no longer there.” Santos says that until Musk’s takeover, Twitter had been “quite responsive” in taking down rule-breaking content that could undermine trust in the election or spread disinformation, compared to Meta and Google. The entirety of Twitter’s Brazil team was included in the 7,500 people laid off earlier this month.

Although Lula was declared the winner of the election, Santos says she still sees tweets questioning the result or calling for mobilization against the government. All of these, she says, are dangerous.

No, lady, you are dangerous, and you and those like you here in the U.S. need to be stopped.

YIKES: “28 PERCENT OF FIRST-YEAR STUDENTS WEREN’T EVEN AWARE THEY HAD FEDERAL STUDENT LOANS TO BEGIN WITH.” Seems like low-hanging fruit to address before we go straight to unconstitutional giveaways.

RATIONAL ARGUMENTS VS. DIVERSITY STATEMENTS–CAN REASON WIN? At NC State, the answer seems to be, yeah, maybe. However, even irrational oppositon to DEI statements is quite warranted, given their record.

UH HUH. SURE. WHATEVER. I see Elon has not turned off the “bald-faced propaganda” switch at Twitter (yet, hopefully?)

“Voting by mail is safe and secure.” Literally nobody believes this. And I am old enough to remember when it didn’t take days to count votes, because I am older than 20. Live not by lies.

“I’M SICK OF LOSING, I HOPE YOU ARE TOO.” We’re going to see a lot of this in the coming days, along with “how could the polls be so wrong?” But the GOP and conservatives should stop beating themselves up about “losing the election” and start beating themselves up about the fact they have done virtually nothing to ensure the election is legitimate and the votes are real. Meanwhile the Feds have been “fortifying” the crap out of them and refusing to give any details about it (which is totally what you would do if you were on the up-and-up). Consider this: after 2 solid years of nonstop “January 6! Death of democracy! Election denier!” propaganda and censorship, CNN’s exit poll finds that only 63% of voters thought 2020 was a legitimate election:

People know the system is total baloney. Yet the GOP does little or nothing to fix it, even to help itself! At some point, we have to assume this level of loserdom is deliberate.

WHAT’S SO GREAT ABOUT DIVERSITY ANYWAY? We have to acccept it for real if this country can be made to work. Same with free speech. The overclass is fooling itself by thinking that they can hold a country as diverse as this one together while also telling anyone with slightly different views that they have to shut up or face the consequences.

JON RALSTON: GOP INCREASES LEAD TO 16,000 IN CLARK COUNTY (LAS VEGAS). “I am really surprised by how this turnout is. It is really low…. Is it because it is really low or because the unions are pushing their members to use mail drop boxes? (They are, but it seems unlikely to offset the GOP surge, yes?)” Don’t worry, I am sure we will see a sudden spike in Democrat votes any minute now, probably in very large, round numbers.

Until we have an electoral system with non-laughable security and reliability, there’s no reason to believe the results of any election–not today’s, not 2020’s, and not those to come. (Have to say that here as saying it on social media would get me banned as a “denier.”) The fact that we don’t, even though it’s so easy that countries with far fewer resources do it all the time, proves that our political class doesn’t want honest elections.

DO 48% OF COLLEGE STUDENTS REALLY THINK SPEECH MIGHT SOMETIMES MERIT THE DEATH PENALTY? A recent McLaughlin poll suggests the possibility. On a closer look, probably not. Probably…

IS COLLEGE ACCREDITATION POINTLESS? It’s certainly not living up to its potential. But it may also be one of the few notional limits on abuses at private colleges.

“REPUBLICAN ELECTION PROSPECTS RISE AS INFLATION OVERSHADOWS ABORTION, WSJ POLL FINDS.” Judging by the ads running here in the Raleigh area, the Democrats are running a single-issue campaign, directed solely at women, about how the GOP is going to flatly ban abortion. I am not exaggerating when I say it’s the main focus of 95% of Democrat (and liberal–I was a bit surprised to see the ACLU directly paying for what appeared to be a Planned Parenthood abortion ad) messaging I have seen. I’ve never seen anything like it.

IMPROVING HIGHER ED THROUGH BETTER OPEN-RECORDS LAWS. Colleges too often make a joke of these, perhaps inspired to so do by the federal government, which never met a FOIA record it found inconvenient or embarassing that it couldn’t find a reason to redact or refuse.

ALL MAJOR U.S. COLLEGES TO SUPREME COURT: BANNING AFFIRMATIVE ACTION VIOLATES THE FIRST AMENDMENT. Colleges have finally discovered a policy with a “chilling effect” on speech that they DO think is unconstutional, and, bizarrely, it’s banning racial preferences. Their reasoning is… interesting.

COURT: LICENSE REQUIREMENT FOR SHORT-TERM RENTAL MANAGERS VIOLATES PENNSYLVANIA CONSTITUTION. Great win for the Institute for Justice, and I’m proud that my law firm colleague Samantha Harris (whom the court labeled “entirely credible” — a good quote for your business cards!) and her property manager, Sally Ladd, were the victorious plaintiffs!

“POLITICAL ACCOUNTABILITY VERSUS CAMPUS AUTONOMY.” Could as easily be put this way: without campus accountability, there will not be political autonomy for campuses. You only get poltical autonomy when everyone thinks you’re doing an OK job.

“PRACTICING WHAT WE PREACH.” “Those of us who believe in freedom and who defend the right of pro-Israel students to express their views must take the difficult tack of also arguing for the very same rights for those who criticize and even condemn Israel. If the principle of free speech is to survive, it has to be authentically applied to all sides.”

TWITTER EMPLOYEES WRITE LETTER TO ELON MUSK DEMANDING CONTINUED EMPLOYMENT, “SAFETY.” Ahahahahaha no.

MOST PLASTICS AREN’T RECYCLABLE, GREENPEACE FINDS. “The real solution is to switch to systems of reuse and refill.” You know what were totally reusable and refillable? The old glass pop bottles you returned to the supermarket, 40 years ago. Plus, sometimes you’d get lucky and get a super old-timey one in the carton (like this).

SO, POLITICO SAYS STACY ABRAMS WAS MAKING UNFOUNDED ALLEGATIONS OF ELECTION FRAUD? SEEMS LIKE A BIG DEAL… “The original complaint included allegations that voting machines were vulnerable to hacking and were switching votes intended for Abrams into votes for Kemp. Fair Fight Action found two voters who said they had to select the button to vote for Abrams four times before the machine’s screen showed a vote for Abrams instead of Kemp. Fair Fight Action removed this allegation in December 2020 in a revised complaint, at the same moment then President Donald Trump was making similar unfounded allegations in his effort to overturn the presidential election results in Georgia.” (Emphasis mine.)

Do you think Politico actually meant to say that Abrams’ allegations were unfounded, or do you think it’s more likely that they so robotically demand fealty to the sacred principles of “Orange Man Bad” that you always have to say Trump’s allegations are unfounded regardless of context? (And yes, I know the story is mostly about funny business with legal fees, but isn’t that pretty much priced in to everything at this point?)

CLERY ACT AND CAMPUS CRIME NUMBERS ARE A MESS. This is a quick look at the UNC system, but it’s the same everywhere, thanks to dueling definitions, confusion about meanings, and attempts to reconcile the minuscule crime reporting numbers with the repeated insistence that there is an epidemic of sexual violence on campus so bad that you’d have to be flatly insane to send your daughters there.

PRIVATE HIGH SCHOOL FORCED TO RECOGNIZE STUDENT’S RIGHTS IN MASSACHUSETTS TITLE IX CASE. High schools and colleges are unanimous in their conviction that contracts are something that happen to someone else. You pay them money (holy crap that’s a lot of money for high school) and they owe you nothing. Too many states and courts allow this. Glad to see Massachusetts isn’t one of them.

CAN COLLEGE WORK WITHOUT TENURE? Cairn University’s president says yes. But would it work everywhere? Without strong protections against academic freedom abuses, I fear the cure might be worse than the disease.