Friday, September 25, 2020

Petitions to Protect Free Speech Online

      In addition to the Petition pending before the Federal Trade Commission (see my comments to that agency here:  http://www.inhere.org/wp-content/uploads/2020/08/Comments-FCC-Petition-11862.pdf) The Vitamin Consultancy is pleased to present this guest blog entry regarding the also-pending White House Petition.  rf...

Sign White House Petition here:    https://petitions.whitehouse.gov/petition/stop-social-media-censorship-and-protect-free-fair-elections

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How to win back our Freedom in today’s Digital Battlefield

By John Hammell, President, International Advocates for Health Freedom

www.iahf.com 1-800-333-2553  jham@iahf.com Follow on Twitter: @IAHFUSA

H

ave you ever wondered why Twitter removes and/or restricts legal political content from Conservatives like President Trump or General Michael T. Flynn’s attorney Sidney Powell with brazen impunity? Or why Google’s YouTube[1] and Square Space can swiftly de-platform any site like the American Frontline Doctors’ Summit[2] Press Conference that challenged the COVID-19 agenda despite having received over 2 million views? Or why Twitter[3], Facebook, Google[4], Apple and other internet computer service providers routinely win lawsuits[5] for 1st Amendment violations for censoring conservatives like Laura Loomer & Freedom Watch[6]?

All of these are examples of censorship. Censorship is a threat to free speech, and by extension, an existential threat to free and fair elections! The free-flow exchange of ideas is the bedrock of any thriving and free society. Hence the reason why our Founding Fathers acknowledged and enshrined that freedom of speech as our God-given unalienable right in the First Amendment.

Today our public town square is now Digital. But as General Michael T. Flynn astutely described in his Open Letter to America, we are in an information warfare and a battle for the soul of America where the “2% vocal minority control the 98% silent majority[7].” With less than 40 days before this historic Presidential Election, is there even enough time to win back our freedom? Are we now the SILENCED majority?

A brief history 

Back in 1996, Congress passed Section 230 of the Communications Decency Act (CDA) to protect this nascent internet computer service industry.

Inside Section 230(c)(2), the Good Samaritan Clause granted immunity from liability unique only to interactive computer service providers who act in “good faith” when they censor content that THEY deem as “otherwise objectionable.” This liability is broad and unconditional and more recently has been used to censor lawful conservative political content and for distributing unlawful third-party content. An extensive review of legal cases reveals that these two words “otherwise objectionable” have been at the heart of BigTech’s enduring immunity protection at both State and Federal courts. (see the footnotes after the first paragraph of page 1) Also see footnoted article.[8]

That’s right, Mark Zuckerberg (Facebook), Jack Dorsey (Twitter) and their PLATFORM ALLIES are legally SHREDDING the First Amendment rights guaranteed in our U.S. Constitution, and GETTING AWAY WITH IT due to just those two words! They can legally consider anything they want to be “otherwise objectionable”. And the argument of “publisher vs. platform” does not appear to negatively impact Big Tech’s immunity so that the Courts continue to garner wins for these companies.

In short, no other industry enjoys this immunity from limited liability. Not even its distinct cousin the newspaper or printed media. Who could have foreseen how businesses and government would embrace this technology and intertwine it in our daily way of life and how we communicate with each other or express ourselves?

The internet today is considered by many experts as a “new” public utility like the telephone or power grid was in the 20th century. In fact, these platforms function as the new DIGITAL Public Square when people dynamically exchange flow of ideas. That idea was foremost in the minds of the lawmakers when they crafted that statute. In theory, yes. In practice, the tolerance only goes as far as you share the vocal 2% minority liberal ideas or concepts.

And if you happen to disagree, be surprised by the Artificial Intelligence (AI) algorithms that digitally “rip out your tongue” and deny your right to free speech. On Twitter, it is called “Twitmo” and thousands of us are parolees. Repeat offenders get harsher sentences like restrictions, removal of followers, Ghost or Shadow Banned or Reply De-boosted, and the anti-person tactic of all, outright Suspension or being permanently banned! YouTube and Instagram also deploy their AI algorithms and hide content unless users use a string of certain key words in order to find content or else, they will disappear that content.

When these platforms act in concert, then you have tyranny of the minority and we become the SILENCED majority.

What Congress giveth, Congress can taketh away

We have no chance in court unless we get CONGRESS to pass legislation that REFORMS section 230 of the CDA[9]  by removing those two words “Otherwise Objectionable[10]”. Of the three co-equal branches of government, only Congress has the authority to reform that complex statute.

There are several Senate bills attempting to amend Section 230:

·        Sen. Josh Hawley (R-MO) introduced S. 3983 “Limiting Section 230 Immunity to Good Samaritan Act” ;

·        Sen. Kelly Loeffler (R-GA) introduced S.4062 “Stopping Big Tech’s Censorship Act; and more recently,

·        Sen. Roger Wicker (R-MS) and Chairman of the Commerce, Science & Transportation Committee introduced S. 4534 “Online Freedom and Viewpoint Diversity Act”.

After careful review, we noticed all three Senate bills contained language that appear to have heavy influence from Big Tech lobbyists.

As we speak, Sen. Hawley’s attempt to get his S. 3983 bill to reform 230 by unanimous consent was just blocked by Sen. Ron Wyden (D-OR). Sen. Wyden was one of the sponsors of Section 230 and believes Section 230 immunity protects the (supposedly)  little guys like Antifa and BLM[11].  (I say “supposedly” because that’s the perception WE’RE supposed to have, but the REALITY is that they’re ASTROTURF (FAKE grass roots) with GIGANTIC corporate funding, that we’re not supposed to see![12]

H.R. 7808 Stop the Censorship Act of 2020

Last July 28, 2020, Representative Paul Gosar (R-AZ) introduced HR 7808 (Stop the Censorship Act of 2020) that amends Section 230 and incorporates many of the DOJ (Department of Justice) recommendations for Section 230 Reform[13] last June 17, 2020[14].

But time is of the essence.

Why?

Since 2018, BigTech has been aware of the bi-partisan Congressional attempt to reform Section 230[15]. Proactively, they succeeded in codifying Section 230 language in the USMCA (US Mexico Canada) Trade Agreement, thereby creating a de facto global standard and ultimately protecting their immunity in the USA. And the initial draft of the US-Japan Trade Deal also contains Section 230 language and expands that immunity.

Section 230 is not a trade issue and does not belong in ANY trade agreements. Baking Section 230 language in treaties or trade agreements obstructs Congress from reforming Section 230 without jeopardizing trade agreements[16].

Fightback for FREEDOM

Upon final analysis, H.R. 7808 is the strongest bill to stop online censorship & protect our free and fair elections! But we all need to work together and help push this bill by combining the passage of this bill with this election cycle.

pass this bill has the most co-sponsors at (16).

Here is WHAT TO DO:

(1) Sign this Petition on the White House Petition Site, and urge EVERYONE YOU KNOW, everyone within your sphere of influence who SHARES your OUTRAGE at “Big Tech’s” effort to RIG our Election by using Algorithms to CENSOR, SHADOW BAN, BLOCK, and DESTROY our ability to communicate in this modern Town Square. 

We need to reach 100,000 signatures by October 18, 2020 in order for the White House to act on it within 60 days.

Stop Social Media Censorship and Protect FREE & FAIR elections!

Created September 18, 2020

Sign This Petition https://petitions.whitehouse.gov/petition/stop-social-media-censorship-and-protect-free-fair-elections

We The People urge President Trump to support the passage of H.R. 7808 “Stop the Censorship Act of 2020[17]” by encouraging a companion Senate bill that mirrors it, and signing to law once it passes because Censorship threatens FREE & FAIR Elections.

H.R. 7808 amends Section 230 of the Communications Decency Act (Section 230) by granting immunity to Twitter, Facebook, YouTube and other Social Media platforms for the removal of UNLAWFUL MATERIAL instead of “otherwise objectionable,” and provides users with options to filter.

Section 230 is also NOT a trade issue and does not belong in any trade agreements. Baking Section 230 language in trade deals will hinder Congress’ ability to reform the law without jeopardizing the agreements.

2. It is very important that a Senator sponsors a companion Senate bill to H.R. 7808 that mirrors that language. Otherwise the bill will not change the CDA (Communications Decency Act) sufficiently for our side to be able to prevail in court! (any language that WATERS DOWN the removal of the words “otherwise objectionable” defeats our efforts which is why we can’t trust the existing Senate bills on this issue, we MUST get a Senate Companion bill that directly mirrors HR 7808.

Use the passage of H.R. 7808 as a way to get more co-sponsors for H.R. 7808 by alerting all candidates and embattled incumbents in tight 2020 races[18] to embrace this as a campaign issue by co-sponsoring it. 

Help us reach out to first time candidates in Battleground House and Senate races[19] to consider acknowledging the NEED for this bill during their campaigns and if they get elected, they will PLEDGE TO COSPONSOR the bill when it is reintroduced in the next Congress, possibly with a new bill number!

You can reach your Congressmen and Senators through the Capital Switchboard at 1-877 SOB- USOB (1-877-762-8762), but to talk to a live person call their District Office via a Member search on www.congress.gov. (If you get their machine, give your name, address, phone number, and tell them you expect a call back and you want the name of the staffer handling free speech issues! Also, it really helps to write an actual letter to them!

3. Listen either Live, or as archived podcast that I’ll be doing from 6pm-7pm Pacific on "Immunize Wizely" on Republic Broadcasting Network on Saturday, September 26, 2020. This show is hosted by Ingri Cassel of www.vaclib.org and has commercial breaks, so if you hear an ad when you tune in, please be patient! (If you can’t listen live, you can always listen to the archived audio file at any time! Please forward the link when you do and everyone within your sphere of influence to help! We need 100,000 Signatures on our petition by October 18th in order to get a formal response from Trump.

 4. Email me at jham@iahf.com if you can either put me on your radio show or podcast, or if you have a connection who can put me on their radio show or archive. Encourage more people to read this article in my archived newsletters at https://ymlp.com/archive_gjbeuhgjgu.php  (To subscribe to the IAHF list, please go to www.iahf.com and use the sign up menu.) This article isn’t yet on that site but it will be the most recent one (at the top of the list) after I post it, and you will then be able to get a more precise url to give to people! If you know of any way to reach out to Dustin Nemos, or to Gary Prager of Prager U, I really need to reach them both before they get burned attempting lawsuits on this that they can’t win unless we first change the law! )

5. Get copies of this article out to everyone within your sphere of influence, email it to them and encourage them to sign our White House online petition and by taking action! Need to talk directly with me with a lead to help me get on a podcast or radio show? Call me at 1-800-333-2553 and leave a message for me to call back, I can’t always answer the phone.

6. Share this Article to any Republican in a tight race, especially in the Battle Ground States and local races, and urge them to pledge support for HR 7808 in the next Congress when it is reintroduced, possibly under a new bill number. Get this article to anyone running for Federal Office so they can become familiar with this issue and use it in their campaign! Urge them to pledge support for HR 7808 in the next Congress, (and if they get elected to the Senate, to sponsor a mirroring Companion bill to HR 7808. 

7. Support my Health Freedom work by buying sulfur and other detox products at www.sulfurforhealth.com  .I am disabled due to a serious injury, and drinking sulfur water three times a day really helps alleviate pain because all pain is some cell’s cry for oxygen! It also gives me energy needed to compensate for lost sleep caused by extreme pain and is much safer than caffeine which hammers our adrenal glands. If you appreciate my efforts to defend America, and want to just make a donation but not buy sulfur, please use this link www.paypal.me/IAHFSULFUR

Remember…the most powerful weapon in the world is a Patriotic American! In this battle for the very soul of our Republic, will you stand up to be heard? Please forward this urgent message to everyone within your sphere of influence. America is literally dangling by a thread right now, but all is not lost if we use this freedom of speech issue to full advantage! Please ACT as if everything depended on YOU while praying as if everything depended on GOD! 

[8]  List of lawsuits we’ve lost in this article https://www.theverge.com/platform/amp/2020/5/27/21272066/social-media-bias-laura-loomer-larry-klayman-twitter-google-facebook-loss

[18] Contact me at jham@iahf.com for Current list of key Congressional Races we need to help or ask Steve Sargent at Digital Warriors at https://www.digitalwarriorsusa.com/ if you can’t reach me when you try, and if you can’t reach him, try me again, we’re all snowed but doing our best. Please also check my most recent newsletter at www.iahf.com archived newsletters, the one on top is most recent: https://ymlp.com/archive_gjbeuhgjgu.php

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