Why a SCOTUS justice did an about face on free speech

How did Oliver Wendell Holmes in less than a year switch from saying arguing against the draft — that it was tantamount to falsely shouting fire in a crowded theater — to arguing that free speech is necessary for a marketplace of ideas seek out the truth. Oliver Wendell Holmes

In March 1919 Holmes wrote the unanimous opinion in Schenck v. U.S. Charles Schenck was convicted of violating the Espionage Act of 1917 for writing a pamphlet arguing that the draft violated the 13th Amendment prohibition against involuntary servitude.

Holmes reasoned that the pamphlet posed a “clear and present danger” and: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

In October 2019 Holmes did an about face and wrote a dissent in the 7-2 conviction of pamphleteer Jacob Abrams, a Russian immigrant, for writing that workers should go on strike to prevent the U.S. from going to war against Russia. In the case of Abrams v. U.S., Holmes wrote:

“Persecution for the expression of opinions seems to me perfectly logical. If you have no doubt of your premises or your power and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition. To allow opposition by speech seems to indicate that you think the speech impotent, as when a man says that he has squared the circle, or that you do not care whole heartedly for the result, or that you doubt either your power or your premises. But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution. It is an experiment, as all life is an experiment. Every year if not every day we have to wager our salvation upon some prophecy based upon imperfect knowledge. While that experiment is part of our system I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.”

The NPR Radiolab recently broadcast a nearly hour-long discussion of the reason Holmes changed his stance so quickly. Scroll down to “What up Holmes.” It makes a compelling argument as to why a man in his late 70s made such an abrupt change in stance on the First Amendment right of free speech and changed how the courts and American treats speech and press rights.
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Militia group endorses McGeachin for Idaho governor

The founder of the Real 3%ers of Idaho said McGeachin told him, “If I get in, you’re going to have a friend in the governor’s office.”

BOISE, Idaho — The president and founder of the Real Three Percenters of Idaho, a conservative militia group, endorsed Lieutenant Governor Janice McGeachin for Idaho governor.

Eric Parker, who was part of Ammon Bundy’s standoff with federal agents in Nevada back in 2014, said in a video that was posted to his Telegram channelthat he crossed paths with Lt. Gov. McGeachin and she was supportive of their cause.

He explained that McGeachin was one of 53 former and current Idaho lawmakers who sent a letter to then-Attorney General Jeff Sessions in September 2017 that claimed Parker’s treatment for his role in the Bunkerville standoff in Nevada was a “miscarriage of justice.”

“So I walk up to Janice and I tell her thank you so much and I give her a hug and she says, ‘if I get in, you’re going to have a friend in the governor’s office,'” Parker recalled.

He added that McGeachin showed a particular interest in his friend, Todd Engel, who was about to go on trial for his role in the standoff.

“And so we approached her told her this story, and told her our feelings and showed her the evidence that was under protective order that we couldn’t show anybody else that was my first questions for her, I said, ‘I’m not sure this is legal,’ and she said, ‘I want to see it,’ she wanted to see what they did,” Parker said.

Engel was found guilty in 2017 and was sentenced to 14 years in federal prison.

In February 2019, McGeachin showed her support of Engel and supporters of the Real 3%ers of Idaho in a photo that was taken outside of her office in the statehouse.

McGeachin appeared to make a heart sign in the photo she posted and later deleted. She wrote in the caption, “Sending love to Todd Engel from the Idaho Capitol.”

Engel’s conviction was vacated two years later by the 9th Circuit Court of Appeals. Parker said that happened because of help from politicians like McGeachin.

Which is why he said last month that, “We need to do everything we can to get her where she can do the most good for us.”

On Wednesday, The 208 spoke with Parker about what he said in his video, specifically what he meant by McGeachin’s statement about having “a friend in the governor’s office.”

Parker rejected the idea that a “rightwing militia leader” endorsed McGeachin. Rather, he said his militia group is an advocacy group for constitutional and property rights. An advocacy group that also practices “convoy security training” with toy cars and guns.

According to Parker, the Idaho group is “not a militia” and “not anti-government,” but merely promotes self-reliance and self-sustainability.  Which is why he, as president and founder of the Real 3%ers of Idaho, is promoting McGeachin for governor.

Three percenter groups take their name from the false belief that only 3% of colonists fought the British during the Revolutionary War. The number was much higher.

The Anti-Defamation League states that militia groups saw a resurgence beginning in 2008, thanks in part to Three Percenter groups that sprung up across the country.

Source: Militia group endorses McGeachin for Idaho governor

A Memorial Day reflection

“At a time in their lives when their days and nights should have been filled with innocent adventure, love, and the lessons of the workaday world, they were fighting in the most primitive conditions possible across the bloodied landscape of France, Belgium, Italy, Austria, and the coral islands of the Pacific. They answered the call to save the world from the two most powerful and ruthless military machines ever assembled, instruments of conquest in the hands of fascist maniacs. They faced great odds and a late start, but they did not protest. They succeeded on every front. They won the war; they saved the world.”    — Tom Brokaw in “The Greatest Generation“ H.A. Mitchell

My father joined the Army when he was 16. He lied about his age.

He knew what was coming and was there when it came. He was in Pearl City that Sunday morning in 1941 when World War II began.

He spent the rest of the war hopping from island to island with his artillery unit. He said he chose artillery because he wanted to make a lot of noise.

I know he was in the Philippines about the time the survivors of the Death March of Bataan were rescued. The rest are a blur in my memory, though I recall him telling about how they censored letters home lest they fall into enemy hands and give away troop locations — you couldn’t write that the food was “good enough,” because the ship was at Goodenough Island.

He was a decorated hero, but said he refused to wear the Purple Heart so he wouldn’t have to explain exactly where the wound was located.

When he and his war buddies got to together they seldom talked about the fighting, only the antics, like climbing on the hood of a truck and stealing eggs out of the back of another truck as it slowly climbed a steep hill.

But one of his friends once let slip that Dad, a bulldozer operator, actually did that scene from a John Wayne movie in which the bulldozer operator raised the blade to deflect bullets while rescuing pinned down soldiers.

To hear him and his friends talk, it seemed like they spilled more beer than blood, but somehow still managed to win the war and save the world.

(Reprinted from a previous post.)
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Trump’s 1776 Commission to Reassemble, Tackle Critical Race Theory in History Education

An American flag flies near the Lincoln Memorial on December 22, 2018. (Olivier Douliery/Getty Images)

Members of the 1776 Commission, which President Joe Biden disbanded on his first day in White House, are reportedly set to meet again with a renewed focus on combating the teaching of U.S. history based on the Marxist critical race theory.

The advisory commission was established by the Trump administration in November 2020 to celebrate and promote the principles enshrined in the nation’s founding documents. It is commonly seen as a response to The New York Times’ controversial 1619 Project, which argues that the United States was founded as, and remains today, a racist nation.

Nearly four months after its dissolution, the commission regained attention when a leading member spoke against a Biden administration’s proposal to prioritize funding education programs that promote the 1619 Project and critical race theory, an ideology rooted in Marxist class struggle but with an emphasis on race, with the goal of dismantling all institutions of American society, which it deems as tools of racial oppression.

“The Proposed Rule should be withdrawn, just as individual states, which actually have the authority over the nation’s K-12 educational system, should oppose race-based pedagogy as part of their curricula and even if attempted to be imposed by the federal government,” Matthew Spalding, the executive director of the 1776 Commission, wrote in a letter to the Education Department.

“On behalf of my fellow Commissioners, I submit and draw your attention to Appendix III of The 1776 Report,” Spalding added. The appendix explains why race-focused narratives like the 1619 Project and critical race theory are “fundamentally incompatible” with the principles of the Declaration of Independence, which connects liberty-loving Americans everywhere regardless of their race.

“Proponents of identity politics rearrange Americans by group identities, rank them by how much oppression they have experienced at the hands of the majority culture, and then sow division among them,” the document reads. “While not as barbaric or dehumanizing, this new creed creates new hierarchies as unjust as the old hierarchies of the antebellum South, making a mockery of equality with an ever-changing scale of special privileges on the basis of racial and sexual identities.”

In an interview with Washington Examiner, Spalding said that members of the 1776 Commission will convene next week in Washington on the campus of Hillsdale College. One of their topics will be critical race theory, which sees racism in all aspects of American life.

“When we start going about dividing people by groups, by social identities, and especially by identities that deal with race, and we’re starting to make those kinds of divisions, all Americans should get very nervous,” said Spalding. “It’s a departure away from the historic grounding of civil rights in America, which is that we all are equal.”

The commission’s first and last report, commonly referred to as the 1776 Report, was taken down after Biden’s inauguration. It can still be found on the publicly archived Trump White House and Hillsdale College websites.

Source: Trump’s 1776 Commission to Reassemble, Tackle Critical Race Theory in History Education

New “Ghost Guns” Rule To Be Published Tomorrow & Pistol Brace Rule Submitted

WASHINGTON, D.C.-(Ammoland.com)-The Bureau of Alcohol Tobacco and Firearms (ATF) has sent its new proposed set rules surrounding pistol braces to the White House ahead of publishing the proposed regulations on unfinished frames and receivers.

The new rules surrounding unfinished frames and receivers are due to be published in the Federal Registry tomorrow for a public comment period. The comment period will be open for 90 days. Last December, gun owners pushed back against the proposed regulations on pistol braces, causing the ATF to pull the new set rules. With the Biden administration’s push for more gun control, it will take a monumental effort by gun owners to sway the tide against the new regulations.

A Biden executive action gave the ATF 30 days to develop new rules and regulations on unfinished frames and receivers. In his press conference, Biden referred to the items as “ghost guns” and tried to insinuate that companies market the kits to criminals.

In reality, only a small percentage of completed firearms made from these kits are used in crimes. Most guns used in crimes are stolen.

Another executive action Biden took during the same press conference was to give the ATF 60 days to develop new rules and regulations about pistol stabilizing braces. It looks like the ATF provided the Whitehouse with a preview of the new rules on May 17. The ATF has wanted to take action on pistol braces for a while. When the Biden transition team asked the ATF for a “want list.” The agency’s leadership team said their main concerns were pistol braces and homemade firearms.

Many expect the rules to look like the ATF regulations submitted to the Federal Registry last December. Those regulations would make any stabilizing brace based on a stock design a shouldering device. That would mean any pistol with a barrel under 16 inches equipped with the device would become a short-barreled rifle (SBR) and be subjected to the NFA.

The regulations did say the ATF would waive the $200 fee for a tax stamp on the newly created SBR, but that would mean the gun owner would have to go through the lengthy and confusing process of applying for a tax stamp. The newly created rifle would also be registered with the ATF. That registration is something many gun owners will refuse to do.

The new ATF rules on unfinished frames and receivers will hurt the market. It will vastly expand the definition of readily convertible to anything that can be finished in eight hours in a fully equipped machine shop. Almost all unfinished frames and receivers will require a background check to transfer.

The regulation aims to kill off the market for unfinished frames and receivers and shut down the companies that produce these kits. Gun rights groups see this as a way Biden is trying to get around the Congressional blockage of gun control measures the same way the government agency changed the classification of bump stocks. They believe that the ATF is basically creating gun laws which it does not have the authority to do. These groups plan to challenge any new regulations against new rules against unfinished frames and receivers.

The Federal Registry will open the comment period on unfinished frames and receivers as soon as the new rules are published. AmmoLand encourages its readers to submit well-thought-out comments. Once we obtain a copy of the pistol brace rule, we will publish it for our readers to review.

Once the comment period begins, readers can file comments at the following link.


Source: New “Ghost Guns” Rule To Be Published Tomorrow & Pistol Brace Rule Submitted

Going green will require a lot of digging in the dirt

A report out this month from the International Energy Agency (IEA) points out an aspect of the Biden administration’s green energy ambitions that the green energy proponents will have a hard time swallowing — it will require a massive increase in the mining of minerals such as lithium, graphite, nickel and rare-earth metals.

In an op-ed piece in today’s Elko Daily Free Press, Michael Stumo, CEO of the Coalition for a Prosperous America, summarizes key points from the 287-page IEA report. WSJ illustration

“According to the IEA, the production of lithium-ion batteries alone could drive up the global demand for lithium by more than 40 times through 2040,” Stumo writes. “Supplies of other key minerals — including graphite, cobalt, and nickel — would need to increase by at least 20 times as well.”

Environmentalists are already trying to block mining of lithium at the Rhyolite Ridge mine here in Nevada in order to protect the rare Tiehm’s buckwheat, which only grows on the public lands where the mining is to occur.

According to Stumo, the U.S. is now heavily reliant on China and other nations for these raw materials. “In fact, America’s mineral-import reliance has doubled in just the past two decades. And thanks to aggressive, mercantilist policies, China now controls 70 percent of the world’s lithium supplies, 80 percent of rare earth metals, and roughly 70 percent of the world’s graphite,” he writes.

While China utilizes extremely toxic practices to extract minerals, Stumo observes, the U.S. has some of the world’s most stringent environmental standards, meaning mine permitting can often take up to a decade.

If it takes a decade to get up to speed on mineral production, that will leave the U.S. in the thrall of China if the Biden green energy goal is to be met.

“To meet soaring demand and reduce imports from China, the United States must start mining more of these resources at home,” Stumo concludes. “The good news is that the U.S. possesses more than $6 trillion in mineral reserves. It’s time for federal policies to change in favor of U.S. mining and materials processing. Otherwise, President Biden’s clean energy agenda could fall short of its goals — and leave the U.S. dependent on China’s reckless mining industry.” IEA graphic comparing mineral requirement
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Is cutting agricultural output to save the climate a good idea?

Writing on today’s opinion page of the Elko Daily Free Press, Cheyenne, Wyo., attorney Karen Budd-Falen warns of some of the consequences of the Biden administration’s so-called 30×30 Plan to conserve in its natural or unproductive state 30 percent of the nation’s land and water by 2030. The plan’s stated objective is to avert “a profound climate crisis.”

Budd-Falen notes that by 2030 the world’s population is expected to increase to 8.5 billion people. “To feed all those people, the world needs farmers and ranchers,” she writes. “According to the American Farm Bureau Federation, the average American farm feeds 166 people, but with the increase in the world’s population, the world’s farmers will have to grow 70% more food than they did in 2019.”

The Biden plan would “use Department of Agriculture programs, funding and financing capacities, and other authorities … to encourage the voluntary adoption of climate-smart agricultural and forestry practices …”

Budd-Falen aptly compares this voluntary compliance to the 1970s “voluntary” 55 mph speed limit. States that did not “voluntarily” lower their speed limits to 55 were denied federal highway funds. Most volunteered.

The attorney notes that the “Department of Agriculture has just significantly increased its ‘payment rates and financial incentives’ to convince landowners to enroll additional acres into the Conservation Reserve Program (CRP). While landowners have the right to do with their land what they want, I worry about paying agriculturalists not to produce.”

The administration has already canceled its federal oil and gas lease sales under the theory that wind and solar can replace oil, gas and coal, Budd-Falen notes, adding, “I have not found a lot of affordable commercial all-electric tractors that could be used on farming or ranching operations today.”

She concludes with a question no one in the Biden administration seems to be asking: “How are farmers and ranchers going to feed 8.5 billion people in 2030 if there is no American oil and gas for tractors, we are paying landowners not-to-produce or produce less, and multiple use on federal lands is curtailed or eliminated to reach the 30 X 30 Plan goals? And what I am really warning is that the history of the federal government’s ‘voluntary’ 55 mph speed limit NOT be repeated today.”

Profound climate crisis or starvation? Some choice.
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No Mask Nevada or Replace Greg Hafen?

I was shocked this morning when I received this email from No Mask Nevada PAC. I like most Nye County residents have been staunch supporters of this organization and it’s events, especially here in Pahrump. What does replacing Gregory Hafen, have to do with fighting the unconstitutional mask mandate?

I contacted Melissa Blundo, Chairman of the organization to find out more. Melissa Blundo referred me to Ian Bayne, Vice Chair. Apparently this was done by him and she is busy trying to put the fires out. I reached out to Ian Bayne by phone and was unable to get a hold of him.

I have never met Ian. I had only heard his name a couple of times. I asked where he resided and was told Rhodes Ranch which is off Fort Apache between Warm Springs and Blue Diamond. Not even close to. let alone in, State Assembly District 36.

Apparently he is a campaign strategist, and handled the last campaign for Nye County District Attorney Chris Aribia.

I do not agree with Ian on his stance towards Greg Hafen. Normally, I would not even care how he felt, after all, he is not even a constituent of District 36. What makes this an issue to me is that he is using an organization focused on a cause I support strongly like many others who are Greg’s constituents.

At first, I thought well perhaps it is a one-time thing, as it referenced a different website, http://replacegreghafen.com, and was a single email blast. That was very quickly shown not to be the case. When I clicked the link, it took me to https://nomasknevada.com/replace-greg-hafen.

https://nomasknevada.com/replace-greg-hafen

The next question that comes to mind, then becomes, is this being paid for by the No Mask Nevada PAC? It would appear that email and website resources at the very least.

Mr Bayne, if you want folks in State Assembly District 36 to support your PAC and it’s stated causes you may want to seriously consider removing this from PAC’s website.

Company in Charge of Arizona Election Audit Accuses Court of Releasing Security Plan to Public

Cyber Ninjas owner Doug Logan talks about overseeing a 2020 election ballot audit ordered by the Arizona Senate at the Arizona Veterans Memorial Coliseum, during a news conference in Phoenix, Ariz., on April 22, 2021. (Ross D. Franklin/AP Photo)
 

The Florida-based firm that’s overseeing the 2020 election audit in Arizona’s largest county on Friday accused a court of releasing its security plan to the public despite knowing it was meant to be shielded from public view.

Cyber Ninjas submitted a slew of documents to the Maricopa County Superior Court in response to a recent ruling by Judge Daniel Martin, who rejected an attempt to file the documents under seal because of their sensitive nature and ordered them filed by 12 p.m. on Thursday.

But even the plaintiffs in the case, the Arizona Democratic Party, agreed that one exhibit, which gave an overview of the security for the audit, should be withheld from the public.

The 7-page plan appeared on the website of the court on Thursday. It was available for anyone to view and download. The Epoch Times obtained the plan while it was publicly accessible.

According to a request for an emergency hearing, the court was aware the filing was meant to be shielded but still published it online for anyone to see.

At 11:02 a.m., about an hour before the deadline, lawyers for Cyber Ninjas informed Martin’s judicial assistant that the exhibit should not be publicly released. They offered to send over a stipulated motion saying as much.

The court approximately 30 minutes later asked for the motion. Lawyers drafted the motion and sent it to all parties involved. The court at 12:58 p.m. asked about the motion. Lawyers promptly informed the assistant that all parties had been provided with the proposed motion and they were waiting for approval. At 3:32 p.m., Cyber Ninjas filed the stipulation. Three minutes later, the judicial assistant responded, “Thank you.”

Additionally, the court’s clerk said in a minute entry from 3:20 p.m. that it received the stipulation and that the exhibit would be sealed.

But the security plans, known as Exhibit D9, were still released to the public.

Epoch Times Photo
A general view of Veterans Memorial Coliseum shows ballots being reviewed during an audit of the 2020 election, in Phoenix, Ariz., on April 29, 2021. (Rob Schumacher/The Arizona Republic via AP/Pool)

“Although the Court had knowledge since 11:02 am that the Parties agreed that Exhibit D9 should be sealed and not made available to the public, the Court released Exhibit D9 to the public via Maricopa County’s Clerk of the Superior Court website,” Cyber Ninjas lawyers wrote in the request for a hearing.

The exhibit began to appear on the internet after 6 p.m. and later that evening, a local media outlet published an article describing details of the exhibit.

The request was for an emergency status conference regarding what happened.

The court and Cyber Ninjas did not respond to requests for comment.

Martin took over the case, an attempt to block the audit by Arizona Democrats, from a different judge after that judge recused himself. Martin was appointed by a Democrat governor. On April 28, he rebuffed the bid to immediately halt the audit.

The audit started on April 23 and is scheduled to continue until May 14. Workers are reviewing ballots cast and machines used in Maricopa County in the 2020 presidential election.

Source: Company in Charge of Arizona Election Audit Accuses Court of Releasing Security Plan to Public

Senators Vow to Probe Apparent Rise In ‘Havana Syndrome’ Directed-Energy Attacks Against Americans

Sens. Mark Warner (D-Va.) (L) and Marco Rubio (R-Fla.), both members of the Senate Intelligence Committee, participate in a discussion at the Atlantic Council in Washington on July 16, 2018. (Chip Somodevilla/Getty Images)

The leaders of the Senate Intelligence Committee vowed to “get to the bottom” of mysterious directed-energy attacks dubbed “Havana syndrome,” which are reportedly on the rise and have been linked to brain-damaging injuries.

Senate Intelligence Committee chairman Sen. Mark Warner (D-Va.) and vice chairman Sen. Marco Rubio (R-Fla.) confirmed in a joint statement Friday that there is an apparent rise in the incidence of directed-energy attacks on U.S. personnel.

“For nearly five years, we have been aware of reports of mysterious attacks on United States Government personnel in Havana, Cuba, and around the world,” Rubio and Warner wrote. “This pattern of attacking our fellow citizens serving our government appears to be increasing. The Senate Intelligence Committee intends to get to the bottom of this.”

Their statement comes after media reports saying incidents bearing the hallmarks of “Havana syndrome” attacks had taken place in Washington, including just outside the White House, and in Miami, Florida. One of the alleged energy attacks took place on the south side of the White House in November, and is believed to have sickened a White House aide, CBS reports.

U.S. authorities have struggled to understand the mysterious attacks since they were first noted in 2016, when diplomatic and intelligence personnel in Cuba first began reporting disturbing symptoms including head pressure or vibration, dizziness, sometimes followed by visual problems and cognitive difficulties.

“For some of these patients, their case began with the sudden onset of a loud noise, perceived to have directional features, and accompanied by pain in one or both ears or across a broad region of the head,” reads a State Department-sponsored study into the phenomenon by the National Academy of Sciences.

A 19-person committee of medical and scientific experts involved in the study considered chemical exposures, infectious diseases, and psychological issues as being behind the symptoms, but concluded that the most likely cause was directed microwave energy.

“Overall, directed pulsed RF (radio frequency) energy, especially in those with the distinct early manifestations, appears to be the most plausible mechanism in explaining these cases among those that the committee considered,” the report found.

The report did not suggest that microwave energy was part of a deliberate scheme targeting U.S. personnel, but noted that “the mere consideration of such a scenario raises grave concerns about a world with disinhibited malevolent actors and new tools for causing harm to others, as if the U.S. government does not have its hands full already with naturally occurring threats.”

Rubio and Warner said in their statement that the Senate Intelligence Committee has “already held fact finding hearings on these debilitating attacks, many of which result in medically confirmed cases of Traumatic Brain Injury, and will do more.”

Director of National Intelligence Avril Haines did not deny the reports of the attacks when questioned this week, and told the Senate Armed Services Committee she could not discuss the issue openly because it involved classified information, CNN reports. Haines called the issue of the mysterious attacks “critically important” adding, “across the intelligence community, frankly, leaders are focused on this issue.”

CIA director William Burns, during his confirmation hearing before the Senate Intelligence Committee in late February, committed to investigate the strange phenomenon.

“I will make it an extraordinarily high priority to get to the bottom of who’s responsible for the attacks and to ensure that colleagues and their families get the care they deserve,” including treatment at Walter Reed National Medical Center and the National Institutes of Health, Burns said at the time.

Warner and Rubio said in their statement that they welcomed renewed investigation by the CIA into the incidents, noting it was important “to better understand the technology behind the weapon responsible for these attacks.”

“Ultimately we will identify those responsible for these attacks on American personnel and will hold them accountable,” they said.

Source: Senators Vow to Probe Apparent Rise In ‘Havana Syndrome’ Directed-Energy Attacks Against Americans