liberty

A writer’s guide to freedom of speech and press in America

This entry was posted in Commentary and tagged copyright law liberty writing on by

People in the United States enjoy some of the strongest legal protections on their speech and writing in the world. Saying some things is illegal, though, and others open you to getting sued. There’s a lot of misinformation around on what is and isn’t considered free speech. Here’s a quick rundown of some common claims. US Constitution

Standard disclaimer: This isn’t legal advice. It’s my best understanding. See a lawyer when in doubt. In some cases, I’ve cited court cases you can look up and study.
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Writers threatened with $300K fines

This entry was posted in Commentary News and tagged censorship liberty Russia on by

According to an article by Natylie Baldwin on antiwar.com, the United States Treasury Department has threatened writers with fines of more than $300,000 if they write for the Strategic Culture Foundation, a Russia-based online journal.

The writers, Daniel Lazare and Michael Averko, reportedly got letters from the Treasury Department, delivered by the FBI, claiming they were in violation of sanctions against SCF and could be subject to a “civil monetary penalty of up to the greater of $311,562 or twice the value of the underlying transaction.” They say that other writers have received similar letters.
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Judges assault First Amendment

This entry was posted in Commentary Writing Writing as business and tagged First Amendment law liberty on by

A recent ruling by the U.S. Court of Appeals for the 10th circuit should seriously worry writers. It says that the government can ignore the First Amendment when it feels like it. In the case in question, the court acknowledged that website design work is “pure speech,” which means it’s protected by the First Amendment. “Appellants are forced to create websites — and thus, speech—that they would otherwise refuse.” But then it argued that the State of Colorado has a “compelling interest” in forcing a website designer to work for the plaintiff. It ruled that, in spite of the plain First Amendment violation, the designer can be forced to create speech.
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The “Pro Act” bill threatens free expression

This entry was posted in Commentary Writing Writing as business and tagged law liberty writing on by

The more I hear about the “Pro Act” bill (it’s not an act till Biden signs it), especially from its supporters, the more convinced I am that it’s a threat not just to writers’ livelihoods but to free expression.

As I wrote in an earlier post, the bill is a wolf in sheep’s clothing. On the surface, it just grants freelancers a freedom we didn’t have before, the freedom to deal with clients through organizations. This ignores the reality of labor law, which gives unions the power to compel employers by force of law to enter into agreements. Outsiders often have the choice of joining the union, giving the union money without joining, or not working for a unionized employer.
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An assault in Congress on freelance writers

This entry was posted in Commentary Writing Writing as business and tagged law liberty writing on by

Previously I’d written about California’s AB-5, which put heavy restrictions on the number of articles freelance writers could sell. That was ultimately amended, after some major companies stopped using freelancers.

A bill now in Congress is raising similar concerns. It’s different from AB-5 in important respects but is still disturbing. The “PRO Act” has passed the House of Representatives and gone to the Senate. It would require clients to treat freelance writers as employees, but only in certain respects. To be exempt, writers would have to pass all three requirements of the “ABC test”:
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Dr. Seuss becomes “Doctor Sues” (UPDATED: APPARENT FALSE REPORT)

This entry was posted in Censorship Commentary News and tagged censorship liberty satire on by

Update: It now appears that the alleged legal threat by Dr. Seuss Enterprises was a forgery. A tweet by Seth Dillon claiming receipt of the legal notice is “no longer available.” A Daily Wire post which reported the supposed threat now has the following added at the top:

Seuss Enterprises told The Daily Wire that the legal threat is fake and that Seuss Enterprises never demanded the retraction.

“The purported legal notice is a fake. It did not come from Dr. Seuss Enterprises or anyone associated with the organization,” Seuss Enterprises told The Daily Wire.

This morning (April 20), I can’t find anything on Dillon’s Twitter feed either reaffirming or retracting the statement that they received a notice from the Seuss organization. We can all make mistakes (as the original version of this post shows), but we need to correct them, especially when they make someone look bad.

Sorry about conveying erroneous information. Now I have to go back to all the places where I posted links to this article and post updates.

Original post follows…

In March, I wrote that Dr. Seuss Enterprises faced a difficult situation. It now seems I was wrong. They’re just nuts. They discovered a satirical Babylon Bee article and are now threatening to sue.
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Book discussion: The State Against Blacks by Walter Williams

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Economist Walter Williams died on December 2, 2020. As with my post on James Randi, this article is more a memorial to him than a discussion specifically of The State Against Blacks. If you haven’t heard of Williams, Thomas Sowell’s essay on him is a good place to start. It’s worth reading even if you have. (Sowell is 90 years old himself. I hope I don’t have to do a similar piece on him too soon.)
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Book discussion: The Moon is a Harsh Mistress

This entry was posted in Book discussion and tagged books fiction liberty science fiction on by

Cover, The Moon Is a Harsh MistressRobert Heinlein’s The Moon Is a Harsh Mistress is one of his most enduringly popular novels, especially among libertarians. Doing these book posts gave me an excuse to read it for the first time in many years.

I could write a dozen essays on different aspects of the novel. Can a computer “wake up”? What are the implications of Professor de la Paz’s philosophy of “rational anarchism”? Why did Mike go away at the end? For this piece, I’ll look at Lunar society, how it’s organized, and how tenable the idea is.
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Book discussion: Free to Move

This entry was posted in Book discussion and tagged books freedom law liberty on by

Darth Vader saying: Not happy with the Empire? Then move to Another GalaxyIt’s a curious thing that the people who say you should leave the country if you don’t like it are so often the ones who favor legal barriers to doing it. Having the option is a valuable freedom, though.

We take for granted the freedom of Americans to travel from one part of the country to another, or at least we did until 2020. Now governments are imposing interstate travel restrictions in a futile attempt to contain a virus which is already on both sides of every state line. Shortly before I started writing this, I learned that if I travel six miles to Massachusetts, I now have to show a recent negative COVID-19 test or quarantine for 14 days. I don’t know how they plan to enforce it. Putting checkpoints on every road that crosses the state line would be ridiculous. Maybe they’ll pull over cars with out-of-state plates and demand test documentation. Maybe friends and family members will start standing on opposite sides of the state line to talk to each other as the police watch to make sure they don’t step over the border.

The freedom to “vote with your feet” is the topic of Ilya Somin’s book, Free to Move. Somin is probably best known for his writing in the collaborative legal blog “The Volokh Conspiracy.” He presents an argument for maximizing the freedom to relocate from one country, state, or town to another.
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