Author Archive: Robert Shibley

RELAX ABOUT THE PUSH FOR VACCINE MANDATES. The Supreme Court said more than a hundred years ago in Jacobson v. Massachusetts that vaccine mandates are constitutional. Indeed, vaccine mandates might even improve your liberty. The idea that such rules could set a dangerous precedent is simply paranoid. As one of America’s most famous jurists once pointed out,

The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Jacobson v. Massachusetts, 197 U. S. 11. Three generations of imbeciles are enough.

Oh.

Well, crap.

UPDATE (FROM GLENN): The Horrific Outcomes of the Jacobson Case You’re Using to Justify Biden’s Vaccine Mandates.

Plus: The Irrepressible Myth of Jacobson v. Massachusetts. “During the COVID-19 outbreak, Jacobson v. Massachusetts became the fountainhead for pandemic jurisprudence. Courts relied on this 1905 precedent to resolve disputes about religious freedom, abortion, gun rights, voting rights, the right to travel, and many other contexts. But Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less. Yet, judges now follow a variant of Jacobson that is far removed from the Lochner era decision.”

SNARK AND LIES ARE NOT A PLAN. It’s not just Rolling “Fact checking? Whatever, man” Stone participating in the “code red” on Ivermectin. The FDA itself contributed this professional and sober-sided tweet:

Who doesn’t want misleading Twitter snark from their supposedly serious government agencies? The FDA knows perfectly well that Ivermectin is not just horse or cow medicine – the agency itself approved it for human use, just not for COVID. (Take it from me, it’s a miracle when head lice is going around your kids’ school.) It being used for both humans and animals has zero to do with whether it works for COVID. If you wonder why nobody trusts the FDA on COVID issues, this is why – there’s no reason you should.

THE UNC ATHLETIC SCANDAL 10 YEARS IN – FROM A STUDENT WHO WAS THERE. Aside from the obvious fact that D1 revenue athletes are barely students, I think universities put so much effort into athletics in order to distract from their manifest failures to be universities. How can you attack the ole alma mater when you’re rooting for it on the gridiron or court? Colleges know this, and they’re counting on it.

HARD EVIDENCE THAT “CANCEL CULTURE” IN ACADEMIA IS, IN FACT, AS BAD AS YOU THINK. FIRE’s new report found that an alarming 74 percent(!) of the 426 campaigns found that targeted college faculty for their expression resulted in punishment.

Also, in extremely related news, FIRE has launched a Faculty Legal Defense Fund to provide lawyers, at no cost, to public college faculty members targeted for their expression. Know someone like that? Send them our way!

JAN. 6 COMMITTEE TO SEEK PHONE RECORDS OF LAWMAKERS. Norms are being restored so much that we’re gonna get sick and tired of all the norm restoring. (Hat tip to Ace of Spades this time – I had missed this insanity.)

UPDATE (FROM GLENN): Call me cynical, but could this be an effort to trump up an excuse to expel some Republicans so as to protect Pelosi’s majority in the House?

THE ESTABLISHMENT: WE MUST DRIVE BADTHINK OFF BIG SOCIAL MEDIA PLATFORMS. ALSO ESTABLISHMENT: ALTERNATE SOCIAL MEDIA PLATFORMS ARE FULL OF BADTHINK! Oh no. Who could have predicted this.

After the relentless efforts to destroy Gab for refusing to censor people, I can’t think of a single reason why Andrew Torba should care what the media or Silicon Valley thinks, except to predict their next attempt to kill the company.

PRACTICAL PROBLEMS OF CENSORSHIP. Glenn’s earlier post about Facebook censoring an Asimov quote about censorship – a decision that inexplicably survived Facebook’s appeal process – brings up a point opponents of censorship (including me) don’t make enough: It seems apparent that the “line workers” of the censorship apparatus are, in the aggregate, too stupid and/or ignorant to do the job. This makes sense, though. Who else would do it?

(It’s also possible the big companies have hired non-Americans to do this who don’t understand English or America very well. That’s actually worse, if true.)

NAVY COULD RETURN TO USING PHOTOS FOR PROMOTIONS: “The Navy could include service photos in promotion packages again after data suggested minorities are less likely to be selected blindly in some situations by promotion review boards, the service’s chief of personnel said Tuesday… [Marine Brig. Gen. A.T. Williamson said,] ‘There are elements of the photo that are…very helpful for us. I think that we may find that we may have disadvantaged individuals by removing those photos from the boards.'”

I kept waiting for the twist that would tell me that this isn’t what it looks like, but it never came.

IF THIS IS TRUE, “DEMOCRACY” DESERVES IT: Actual Atlantic headline. I read it so you don’t have to. Basically, Lindell thinks the Chicoms stole the election by hacking it in Biden’s favor and is spending millions trying to prove it using experts, holding a conference, etc., after which the Supreme Court will vote to put Trump back in office. Article author Anne Applebaum doesn’t think he will be able to prove it, but assuming he did somehow, he would apparently be destroying democracy by… putting the actual winner of the election back in office.

Exit question: We have been hearing a whole lot since January 6 about how our “democracy” is threatened, but is there any substantial number of evil terrorist seditious insurrectionist Q-anon folks out there who don’t think Trump was, in fact, the actual winner of the election?

IS SUBSTACK THE “LAST, BEST HOPE FOR FREE SPEECH?” I think it’s proved that people will actually pay for journalism when it’s interesting and useful (as opposed to solely click-driven) but Substack is still a single point of failure – and the pressure to censor that will be brought on its management once enough powerful people get angry is immense. It would be wise for them, or someone who’d want to compete with them, to come up with a monetized, distributed model to flee to when the time comes.

STUDENTS WORE ‘WHITE LIVES MATTER’ SHIRTS. THEIR SCHOOL WON’T TALK ABOUT IT.” Vice News tries whipping up a cancel culture mob against some random teens in rural Pennsylvania. “[T]he school allegedly hasn’t addressed the students’ behavior in any meaningful way.” It sent them home, which is already unlawful under Tinker unless the shirts caused a disturbance, and they have graduated. Who knows what actually happened here (not Vice, that’s for sure), but we can’t have a society where simply wearing a Black Lives Matter t-shirt is legally fine but a White Lives Matter t-shirt is not.

THE ‘ELITES’ ARE DETERMINED TO CRASH THIS COUNTRY WITH NO SURVIVORS. From Politico:

Democrats for years have pushed the agency responsible for Fannie and Freddie to expand homeownership and narrow the racial wealth gap….

[President and CEO of the National Housing Conference David] Dworkin, and other housing advocates want FHFA to allow Fannie and Freddie to take on more financial risk — meaning more government intervention backed by taxpayers — in the name of expanding access to mortgages.

Among their ideas: Giving Fannie and Freddie free rein to purchase mortgages with lower credit scores, allowing private lenders to make more of those loans…

Dworkin said the companies today have “almost no measurable risk in their book of business,” which includes borrowers who hold “extraordinarily high” credit scores and very few first-time homebuyers with low down payments.

So, 2008 all over again, but this time after we already printed $4 trillion in a single year. Folly of this magnitude simply cannot be chalked up to stupidity. Better grab your original Hunter Bidens if you want to ride out the storm, as they are one asset we know will be made to hold their value.

“GAY GROUP: ‘WE’LL CONVERT YOUR CHILDREN.'” As sung by the San Francisco Gay Men’s Chorus. The song is satirical, or at least full of double entendres, so I hesitated to post this since I don’t want to be unfair. But this year it’s been really hard not to see the overwhelming, crushing cultural messages from the woke movement (most definitely including government and corporations) as a ridiculous end-zone dance meant not to convince but to demoralize. (And aiming it so blatantly at peoples’ kids?) Politics always involves some of this, but while I don’t think it will ultimately succeed, I have real concerns that the sheer scale of this propaganda effort is incompatible with liberal democracy.

UPDATE (FROM GLENN): These are The Crazy Years, and somewhere the Rev. Nehemiah Scudder reads this story and smiles.

YOU COULD JUST AS EASILY CALL IT INFINITE TAXPAYER-FUNDED DO-OVERS. Qualified immunity was invented by courts in 1982 and justified by police having to make snap judgments, but has been extended even to college administrators and other bureaucrats. Maybe it’s justifiable for police, but then how the heck did the police handle crime before 1982? It’s way past time for the doctrine to be dialed back or eliminated.

JUDGE ENJOINS FLORIDA SOCIAL MEDIA LAW FROM GOING INTO EFFECT. This was the law that would have fined companies like Twitter or Facebook $250,000 per day for deplatforming candidates for statewide office ($25,000 per day for any other office). I don’t doubt that there are extremely thorny First Amendment concerns here. But this should be the handwriting on the wall, in the most Biblical sense of the term.

Consider this: If Donald Trump is still banned from these platforms in 2024, runs for office, and loses, his supporters will say that it was not a free and fair election, and you know what? They will be right. I cannot stress enough how potentially apocalyptic this possibility is, and I don’t think anyone in DC or Silicon Valley has the first clue how close they are to driving us all right over a cliff.

HOW ‘EXPERTS’ ABUSED SCIENCE TO SADDLE AMERICA WITH ‘MICROAGGRESSIONS’: Don’t have the time or inclination to read a whole law review article? George Leef at the Martin Center breaks it down for you. Here’s a teaser for you: “When Sue’s [the “father” of microaggressions] research was finally critically analyzed for its weak-to-nonexistent evidence, he responded that what constitutes evidence ‘is bathed in the values of the dominant society.'” Yikes.