What I learned when Linkedin suppressed my post

I’ve been warning for years about how social media suppresses views that aren’t popular in Silicon Valley. Until recently, though, I hadn’t found myself on the receiving end of its power.  Now I have. So this take on Silicon Valley speech suppression is more personal than usual.

Let’s start with the Hunter Biden laptop story.

I know. You’re probably already scoffing. Certainly my mostly liberal (and even some conservative) friends are convinced the whole thing is bogus, of interest only to denizens of the Trump fever swamp.  They remember that the laptop was never verified, that it was widely suspected of being a product of Russian hacking and disinformation, and even if true, that it was simply a wallow in Hunter Biden’s many personal failings that told us nothing about his father’s fitness for office.

Most of those widespread views are wrong. They are contradicted by a long and detailed story in the UK’s Daily Mail. The “Russian disinformation” claim never stood up to much scrutiny, consisting as it did mainly of assertions that faking a laptop was the kind of thing the Russians would do. Now, however, the Daily Mail has validated the laptop and its contents, both obtaining a former FBI agent’s forensic judgment and conducting a detailed examination of the laptop’s contents. The sheer volume of material makes it highly unlikely that the laptop itself was a fabrication. There are 103,000 text messages, including many intimate (and heart-breaking) father-son exchanges, 154,00 emails, and over 2,000 photos, including numerous nude or sexual pictures of Biden and others. (That leaves open the possibility that someone, perhaps even Russian intelligence, might have added a few fake documents to the real ones – a possibility that would seem to call for detailed examination of the laptop’s contents, something no mainstream media outlet has deigned to conduct.)

As for its relevance to President Biden’s fitness, earlier reporting disclosed correspondence suggesting that Hunter’s unsavory businesses exploited or even benefited his father. And the Daily Mail claims that Hunter was getting some form of Secret Service protection long after the agency claimed to have ended its work for the Biden family. Maybe these stories will fall apart on examination, but there can be little doubt that they deserve investigation. And little doubt that such an investigation could have influenced the 2020 election campaign, when the laptop first surfaced.

What the laptop story got was the opposite of examination. Relying on the unsupported “Russian hacking” conspiracy theory, Twitter blocked the New York Post article. Indeed it blocked the New York Post’s Twitter account for weeks because the Post refused to retract its original tweet about the story. Facebook also limited distribution of the story. The threat was clear enough. Even an established media outlet could lose reach and ad revenue if it reported on the story.  And the threat worked; no mainstream publication followed up on the Post article, except for a New York Times article that put the knife in by reporting on controversy over the story’s publication in the Post newsroom. When the story came up during the Presidential debates, candidate Biden was able to dismiss it unchallenged as “a Russian plan [and] a bunch of garbage.”

To my mind, this treatment of the Biden laptop story tells us a lot about the role that Silicon Valley intends to play in future elections. Companies like Twitter were so fearful of a second Trump victory that they seized on a dubious hacking claim to suppress the story. That act of censorship may well have changed the outcome of the election. So when the Daily Mail showed that the hacking excuse for suppressing the story was specious, I posted a link to the Daily Mail story on Twitter and Linkedin, with this introduction:

“The social media giants that won’t let you say the 2020 election was rigged are the people who did their best to rig it: Hunter Biden laptop was genuine and scandalous—Daily Mail”

Linkedin (but not Twitter) decided that I couldn’t say that. It sent me this message:

This is a forbidding message, as it’s intended to be. If you follow the “Learn more” link you eventually come to the standards for restricting or removing accounts, which tells you, “If we determine that an account, or content posted to that account, violates the Professional Community Policies or the User Agreement, we may remove the content or place a restriction on your account. Depending on the severity of the violation, your account may be restricted indefinitely.” (Emphasis added). In short, Linkedin was telling me that it might lock me out of its service if I repeated my offense.

The Linkedin message worried me.  I’ve got more than 5000 contacts on Linkedin, and I use it in business almost every day. Losing my account would be a blow.

Nonetheless. I hadn’t been bullied by such a clueless authoritarian since high school. So instead of moving on to some less fraught topic I doubled down, posting five variants of my original post. The idea was to see exactly what it was about my original post that triggered Linkedin’s antibodies. I began by simply posting “The straight news version: The Hunter Biden laptop was genuine and scandalous, according to the Daily Mail.” Then I added a link to the Daily Mail story. Then I added commentary: “Social media suppressed the Hunter Biden laptop story in the middle of the 2020 election campaign. Now we know that the story they suppressed was true.” In the fifth post, I was more pointed: “Social media won’t let you talk about election interference in 2020. Maybe that’s because it was social media that interfered in the election by suppressing a true story that would have hurt Joe Biden.” And, finally, I reposted the original, which said the same thing as the fifth, but talked about “rigging” rather than “interfering with” the election.

I thought there was a real possibility that Linkedin would deplatform me for the same reason the vice principal used to discipline me in high school – my palpable lack of respect for authority. But it was a risk I was willing to take in the name of science – trying to figure out exactly what triggered Linkedin’s content suppression machinery. To cut to the chase, Linkedin left up all of my posts except the one that repeated the original post. That came down, and I again was warned about Linkedin’s professional standards.

What did I learn? First, I am grateful to Linkedin for a chance to recapture my youth, if only for a few hours. Second, Linkedin and its corporate parent, Microsoft, has some explaining to do. (Brad Smith, I’m talking to you.) The most charitable assessment of its policy is that it adopted a lame algorithm that suppresses claims of election rigging of any kind, no matter whether they are charges that Venezuela tampered with our voting machines or arguments that Silicon Valley used its platform power to defeat Trump. The scariest possibility is that, having first joined in suppressing stories that hurt Biden in 2020, Linkedin is now suppressing stories that criticize its role in suppressing stories that hurt Biden.

I’m guessing that a lame algorithm is the real culprit.  But frankly, I and anyone else censored by Linkedin deserves to know how that happened. That’s why we need laws requiring social media to provide far more transparency and better appeal procedures when they suppress content. But such laws alone do not seem adequate to the threat.

To be clear, Linkedin, or some algorithm, or some contract employee in Arizona or the Philippines, decided that there were some views about an American Presidential election that I could not express, even to my friends. Really? That’s the real offense to American free speech values. Linkedin added insult to injury when it failed to say why it didn’t like my speech, but that insult carried an injury of its own: It chilled (or tried to) anything I might say in future on that topic. A prudent man wouldn’t have put up any of my followon posts.

That chilling effect probably helps explain why no American media did a story on the Biden laptop after Twitter took down the Post’s coverage. Even a reporter or newspaper who thinks there could be a great story in the laptop had to ask what would happen once the story went on line. If Twitter, Facebook, and YouTube suppressed it, the story would go from bombshell to bomb. It would get no reach and attract no ads. The ambiguity raises the already high cost of doing investigative journalism on this topic.

Such suppression is a recent phenomenon, less than ten years old, but Silicon Valley is not done yet.  One of my rules about the Valley is “You won’t know how evil a technology can be until the engineers who maintain it begin to fear for their jobs.”

Right now, social media is printing money. No one fears for their jobs, or even their yachts. But if the move to rein in social media really gathers steam, I’m confident the content suppression tools that protected Joe Biden will be used with even more enthusiasm to protect Silicon Valley itself.

Of course, at that point it will be foolish to complain. No one will hear you anyway.

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What I learned when Linkedin suppressed my post

I’ve been warning for years about how social media suppresses views that aren’t popular in Silicon Valley. Until recently, though, I hadn’t found myself on the receiving end of its power.  Now I have. So this take on Silicon Valley speech suppression is more personal than usual.

Let’s start with the Hunter Biden laptop story.

I know. You’re probably already scoffing. Certainly my mostly liberal (and even some conservative) friends are convinced the whole thing is bogus, of interest only to denizens of the Trump fever swamp.  They remember that the laptop was never verified, that it was widely suspected of being a product of Russian hacking and disinformation, and even if true, that it was simply a wallow in Hunter Biden’s many personal failings that told us nothing about his father’s fitness for office.

Most of those widespread views are wrong. They are contradicted by a long and detailed story in the UK’s Daily Mail. The “Russian disinformation” claim never stood up to much scrutiny, consisting as it did mainly of assertions that faking a laptop was the kind of thing the Russians would do. Now, however, the Daily Mail has validated the laptop and its contents, both obtaining a former FBI agent’s forensic judgment and conducting a detailed examination of the laptop’s contents. The sheer volume of material makes it highly unlikely that the laptop itself was a fabrication. There are 103,000 text messages, including many intimate (and heart-breaking) father-son exchanges, 154,00 emails, and over 2,000 photos, including numerous nude or sexual pictures of Biden and others. (That leaves open the possibility that someone, perhaps even Russian intelligence, might have added a few fake documents to the real ones – a possibility that would seem to call for detailed examination of the laptop’s contents, something no mainstream media outlet has deigned to conduct.)

As for its relevance to President Biden’s fitness, earlier reporting disclosed correspondence suggesting that Hunter’s unsavory businesses exploited or even benefited his father. And the Daily Mail claims that Hunter was getting some form of Secret Service protection long after the agency claimed to have ended its work for the Biden family. Maybe these stories will fall apart on examination, but there can be little doubt that they deserve investigation. And little doubt that such an investigation could have influenced the 2020 election campaign, when the laptop first surfaced.

What the laptop story got was the opposite of examination. Relying on the unsupported “Russian hacking” conspiracy theory, Twitter blocked the New York Post article. Indeed it blocked the New York Post’s Twitter account for weeks because the Post refused to retract its original tweet about the story. Facebook also limited distribution of the story. The threat was clear enough. Even an established media outlet could lose reach and ad revenue if it reported on the story.  And the threat worked; no mainstream publication followed up on the Post article, except for a New York Times article that put the knife in by reporting on controversy over the story’s publication in the Post newsroom. When the story came up during the Presidential debates, candidate Biden was able to dismiss it unchallenged as “a Russian plan [and] a bunch of garbage.”

To my mind, this treatment of the Biden laptop story tells us a lot about the role that Silicon Valley intends to play in future elections. Companies like Twitter were so fearful of a second Trump victory that they seized on a dubious hacking claim to suppress the story. That act of censorship may well have changed the outcome of the election. So when the Daily Mail showed that the hacking excuse for suppressing the story was specious, I posted a link to the Daily Mail story on Twitter and Linkedin, with this introduction:

“The social media giants that won’t let you say the 2020 election was rigged are the people who did their best to rig it: Hunter Biden laptop was genuine and scandalous—Daily Mail”

Linkedin (but not Twitter) decided that I couldn’t say that. It sent me this message:

This is a forbidding message, as it’s intended to be. If you follow the “Learn more” link you eventually come to the standards for restricting or removing accounts, which tells you, “If we determine that an account, or content posted to that account, violates the Professional Community Policies or the User Agreement, we may remove the content or place a restriction on your account. Depending on the severity of the violation, your account may be restricted indefinitely.” (Emphasis added). In short, Linkedin was telling me that it might lock me out of its service if I repeated my offense.

The Linkedin message worried me.  I’ve got more than 5000 contacts on Linkedin, and I use it in business almost every day. Losing my account would be a blow.

Nonetheless. I hadn’t been bullied by such a clueless authoritarian since high school. So instead of moving on to some less fraught topic I doubled down, posting five variants of my original post. The idea was to see exactly what it was about my original post that triggered Linkedin’s antibodies. I began by simply posting “The straight news version: The Hunter Biden laptop was genuine and scandalous, according to the Daily Mail.” Then I added a link to the Daily Mail story. Then I added commentary: “Social media suppressed the Hunter Biden laptop story in the middle of the 2020 election campaign. Now we know that the story they suppressed was true.” In the fifth post, I was more pointed: “Social media won’t let you talk about election interference in 2020. Maybe that’s because it was social media that interfered in the election by suppressing a true story that would have hurt Joe Biden.” And, finally, I reposted the original, which said the same thing as the fifth, but talked about “rigging” rather than “interfering with” the election.

I thought there was a real possibility that Linkedin would deplatform me for the same reason the vice principal used to discipline me in high school – my palpable lack of respect for authority. But it was a risk I was willing to take in the name of science – trying to figure out exactly what triggered Linkedin’s content suppression machinery. To cut to the chase, Linkedin left up all of my posts except the one that repeated the original post. That came down, and I again was warned about Linkedin’s professional standards.

What did I learn? First, I am grateful to Linkedin for a chance to recapture my youth, if only for a few hours. Second, Linkedin and its corporate parent, Microsoft, has some explaining to do. (Brad Smith, I’m talking to you.) The most charitable assessment of its policy is that it adopted a lame algorithm that suppresses claims of election rigging of any kind, no matter whether they are charges that Venezuela tampered with our voting machines or arguments that Silicon Valley used its platform power to defeat Trump. The scariest possibility is that, having first joined in suppressing stories that hurt Biden in 2020, Linkedin is now suppressing stories that criticize its role in suppressing stories that hurt Biden.

I’m guessing that a lame algorithm is the real culprit.  But frankly, I and anyone else censored by Linkedin deserves to know how that happened. That’s why we need laws requiring social media to provide far more transparency and better appeal procedures when they suppress content. But such laws alone do not seem adequate to the threat.

To be clear, Linkedin, or some algorithm, or some contract employee in Arizona or the Philippines, decided that there were some views about an American Presidential election that I could not express, even to my friends. Really? That’s the real offense to American free speech values. Linkedin added insult to injury when it failed to say why it didn’t like my speech, but that insult carried an injury of its own: It chilled (or tried to) anything I might say in future on that topic. A prudent man wouldn’t have put up any of my followon posts.

That chilling effect probably helps explain why no American media did a story on the Biden laptop after Twitter took down the Post’s coverage. Even a reporter or newspaper who thinks there could be a great story in the laptop had to ask what would happen once the story went on line. If Twitter, Facebook, and YouTube suppressed it, the story would go from bombshell to bomb. It would get no reach and attract no ads. The ambiguity raises the already high cost of doing investigative journalism on this topic.

Such suppression is a recent phenomenon, less than ten years old, but Silicon Valley is not done yet.  One of my rules about the Valley is “You won’t know how evil a technology can be until the engineers who maintain it begin to fear for their jobs.”

Right now, social media is printing money. No one fears for their jobs, or even their yachts. But if the move to rein in social media really gathers steam, I’m confident the content suppression tools that protected Joe Biden will be used with even more enthusiasm to protect Silicon Valley itself.

Of course, at that point it will be foolish to complain. No one will hear you anyway.

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Classes #25: Second Amendment III and Landlord-Tenant Relationship I

Class 25: Second Amendment—III

  • NYS Rifle & Pistol (Supplement)
  • Rogers v. Grewal (Supplement)

Class 25: Landlord-Tenant Relationship I

  • Berg v. Wiley, 500-505
  • Notes, 505-508
  • Summary Proceedings, 508-510
  • Sommer v. Kridel, 510-516
  • Notes, 516-519
  • Texas eviction law

 

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Classes #25: Second Amendment III and Landlord-Tenant Relationship I

Class 25: Second Amendment—III

  • NYS Rifle & Pistol (Supplement)
  • Rogers v. Grewal (Supplement)

Class 25: Landlord-Tenant Relationship I

  • Berg v. Wiley, 500-505
  • Notes, 505-508
  • Summary Proceedings, 508-510
  • Sommer v. Kridel, 510-516
  • Notes, 516-519
  • Texas eviction law

 

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Another Justice signs a book deal shortly after being confirmed

Three of the last four Justices have secured lucrative book deals. And each struck the deal shortly after they joined the bench. Justice Sotomayor was confirmed in August 2009. Less than a year later in July 2010, she signed a book deal, and received a $1.2 million advance.

Justice Gorsuch was confirmed in April 2017. Shortly thereafter, he received a book deal, and received a $225,000 advance. The book was released in the fall of 2019. (I could not find the exact date the deal was signed).

Justice Kavanaugh (as far as I know) does not have a book deal in hand.

Today, Politico reports that Justice Barrett has signed a book deal, with an advance for $2 million–nearly double what Justice Sotomayor earned a decade ago.

Most books by Supreme Court Justices are not very good. I agree with Judge Posner’s criticism of Justice Breyer’s book, Active Liberty. Posner wrote, “a Supreme Court Justice writing about constitutional theory is like a dog walking on his hind legs; the wonder is not that it is done well but that it is done at all.” People are not appointed to the Supreme Court because they are the best writers, or because they are the smartest attorneys, or even because they have the greatest insights. Rather, they are appointed because their political stars aligned. We read their opinions because they have the force of law. But (thankfully) their books lack the force of law. For the most part, people read these books because of the unfortunate cult of celebrity attending the Justices.

There are exceptions, of course. Justices Scalia’s works are iconic. We will be reading his writings for decades to come. And memoirs of fascinating people–like Justices Thomas and Sotomayor–are worth reading apart from the law. But Supreme Court justices who write books about the law are generally not going to persuade anyone. The books will be forgotten as soon as the book tour is over. For what it’s worth Justice Breyer has another book coming out in October–another data point that he is not going to retire.

This background brings me to Justice Barrett. According to Politico, her book will be about “how judges are not supposed to bring their personal feelings into how they rule.” That topic is generic enough. But is she really qualified to write that book? At this point, Justice Barrett has issued a grand total of two majority opinions. And she was a circuit judge for about three years. During that brief stint, she wrote about 100 opinions. This sort of lofty opus should be based on a career of judging. Not on such a brief tenure. Even Justice Gorsuch had a decade of circuit court decisions to draw on. I will, of course, reserve judgment till I read the book. But I’m skeptical.

I was long confused by the fact that Justice Kagan never wrote a book. She was an academic who wrote influential articles–though her output was quite limited. Why has she written nothing since joining the bench? And then it hit me. What would she write about? Her entire career has been based on trying to strategically push the Court to the left. She was like Justice Brennan with only four, and now three fingers. I can’t think of any important jurisprudential contributions she has made in dissent, other than a commitment to stare decisis. Breyer has his unique views about Democracy and international law. And he keeps writing books on those themes. What would a Kagan book even look like? Her most influential actions are hidden to the public.

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The Government Seized This Innocent Man’s Car Without Due Process. SCOTUS Won’t Hear the Case.


gerado-serrano-tx-eagle-pass-DRW_5061

When Gerardo Serrano stopped in Eagle Pass, Texas, to snap some pictures of the U.S.-Mexico border, he thought the photos would be free. He paid with his vehicle.

In September 2015, Customs and Border Patrol (CBP) seized the brand-new F-250 truck via civil forfeiture, which allows the government to take property from people merely suspected of committing a crime. Serrano’s error: After agents pulled him over for the pictures, and after Serrano refused to surrender the password to his phone, they located five loose bullets in his vehicle (without a gun), and deemed them “munitions of war.” He was detained for several hours and told to walk home.

For years, the government refused to properly adjudicate the matter. Not only was Serrano never charged with a crime, but CBP never filed a formal forfeiture complaint: It just took Serrano’s property and sat on it while his pleas fell on deaf ears. He eventually shelled out $3,800 to challenge the move in federal court, and still heard nothing—until he filed a lawsuit against the agency for violation of due process.

At that point, CBP suddenly came around and returned the property. “The upshot is that Serrano lost his property for two years based on nothing more than a probable cause determination by CBP agents who were clearly irritated by his refusal to provide his iPhone password,” wrote Reason‘s Jacob Sullum last year. “Such delays are built into modern forfeiture procedures, which include an ‘administrative’ phase during which a property owner can plead for mercy from the same agency that took his stuff and would receive the proceeds from selling it.”

On Monday the Supreme Court declined to hear his case. That demurral reinforces the position taken by the 5th Circuit Court of Appeals: that the government does not violate someone’s due process when they take their property without a hearing. Other circuits have ruled to the contrary.

“When the agents seized my truck, I couldn’t believe it was happening to me,” says Serrano. “And now I’m back in the Twilight Zone, thinking this can’t be real. How can the courts just ignore this? And how can an ordinary person afford to wait years after the government takes their car?”

Serrano was given several options immediately following the seizure, from doing nothing to paying the vehicle’s full market value to get it back. Noticeably absent from the list: a hearing. Given what happened today, that unfortunately won’t change anytime soon.

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Another Justice signs a book deal shortly after being confirmed

Three of the last four Justices have secured lucrative book deals. And each struck the deal shortly after they joined the bench. Justice Sotomayor was confirmed in August 2009. Less than a year later in July 2010, she signed a book deal, and received a $1.2 million advance.

Justice Gorsuch was confirmed in April 2017. Shortly thereafter, he received a book deal, and received a $225,000 advance. The book was released in the fall of 2019. (I could not find the exact date the deal was signed).

Justice Kavanaugh (as far as I know) does not have a book deal in hand.

Today, Politico reports that Justice Barrett has signed a book deal, with an advance for $2 million–nearly double what Justice Sotomayor earned a decade ago.

Most books by Supreme Court Justices are not very good. I agree with Judge Posner’s criticism of Justice Breyer’s book, Active Liberty. Posner wrote, “a Supreme Court Justice writing about constitutional theory is like a dog walking on his hind legs; the wonder is not that it is done well but that it is done at all.” People are not appointed to the Supreme Court because they are the best writers, or because they are the smartest attorneys, or even because they have the greatest insights. Rather, they are appointed because their political stars aligned. We read their opinions because they have the force of law. But (thankfully) their books lack the force of law. For the most part, people read these books because of the unfortunate cult of celebrity attending the Justices.

There are exceptions, of course. Justices Scalia’s works are iconic. We will be reading his writings for decades to come. And memoirs of fascinating people–like Justices Thomas and Sotomayor–are worth reading apart from the law. But Supreme Court justices who write books about the law are generally not going to persuade anyone. The books will be forgotten as soon as the book tour is over. For what it’s worth Justice Breyer has another book coming out in October–another data point that he is not going to retire.

This background brings me to Justice Barrett. According to Politico, her book will be about “how judges are not supposed to bring their personal feelings into how they rule.” That topic is generic enough. But is she really qualified to write that book? At this point, Justice Barrett has issued a grand total of two majority opinions. And she was a circuit judge for about three years. During that brief stint, she wrote about 100 opinions. This sort of lofty opus should be based on a career of judging. Not on such a brief tenure. Even Justice Gorsuch had a decade of circuit court decisions to draw on. I will, of course, reserve judgment till I read the book. But I’m skeptical.

I was long confused by the fact that Justice Kagan never wrote a book. She was an academic who wrote influential articles–though her output was quite limited. Why has she written nothing since joining the bench? And then it hit me. What would she write about? Her entire career has been based on trying to strategically push the Court to the left. She was like Justice Brennan with only four, and now three fingers. I can’t think of any important jurisprudential contributions she has made in dissent, other than a commitment to stare decisis. Breyer has his unique views about Democracy and international law. And he keeps writing books on those themes. What would a Kagan book even look like? Her most influential actions are hidden to the public.

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via IFTTT

The Government Seized This Innocent Man’s Car Without Due Process. SCOTUS Won’t Hear the Case.


gerado-serrano-tx-eagle-pass-DRW_5061

When Gerardo Serrano stopped in Eagle Pass, Texas, to snap some pictures of the U.S.-Mexico border, he thought the photos would be free. He paid with his vehicle.

In September 2015, Customs and Border Patrol (CBP) seized the brand-new F-250 truck via civil forfeiture, which allows the government to take property from people merely suspected of committing a crime. Serrano’s error: After agents pulled him over for the pictures, and after Serrano refused to surrender the password to his phone, they located five loose bullets in his vehicle (without a gun), and deemed them “munitions of war.” He was detained for several hours and told to walk home.

For years, the government refused to properly adjudicate the matter. Not only was Serrano never charged with a crime, but CBP never filed a formal forfeiture complaint: It just took Serrano’s property and sat on it while his pleas fell on deaf ears. He eventually shelled out $3,800 to challenge the move in federal court, and still heard nothing—until he filed a lawsuit against the agency for violation of due process.

At that point, CBP suddenly came around and returned the property. “The upshot is that Serrano lost his property for two years based on nothing more than a probable cause determination by CBP agents who were clearly irritated by his refusal to provide his iPhone password,” wrote Reason‘s Jacob Sullum last year. “Such delays are built into modern forfeiture procedures, which include an ‘administrative’ phase during which a property owner can plead for mercy from the same agency that took his stuff and would receive the proceeds from selling it.”

On Monday the Supreme Court declined to hear his case. That demurral reinforces the position taken by the 5th Circuit Court of Appeals: that the government does not violate someone’s due process when they take their property without a hearing. Other circuits have ruled to the contrary.

“When the agents seized my truck, I couldn’t believe it was happening to me,” says Serrano. “And now I’m back in the Twilight Zone, thinking this can’t be real. How can the courts just ignore this? And how can an ordinary person afford to wait years after the government takes their car?”

Serrano was given several options immediately following the seizure, from doing nothing to paying the vehicle’s full market value to get it back. Noticeably absent from the list: a hearing. Given what happened today, that unfortunately won’t change anytime soon.

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The Government Loves To Grab New Powers in the Name of Your Safety


Koshu Kunii on Unsplash-3

The original line-up of The Reason Roundtable is back! Matt Welch leads Peter Suderman, Katherine Mangu-Ward, and Nick Gillespie through a discussion of shootings and police violence, coronavirus and security theater, and Joe Biden’s immigration policies.

Discussed in the show:

01:43: Recent police shootings, gun violence, and the inevitable subsequent unfolding of protests, qualified immunity cases, and tighter regulations.

18:07: How the press covers protests and the coronavirus.

30:38: Biden’s refugee cap is no different than Trump’s, for now.

45:47: Weekly Listener Question: What should be my greater concern as a libertarian: denying would-be immigrants citizenship, or the ever-growing deficits from the welfare state?

49:37: Media recommendations for the week.

This week’s links:

Send your questions by email to roundtable@reason.com. Be sure to include your social media handle and the correct pronunciation of your name.

Today’s sponsors:

  • On October 2, 2018, respected Washington Post journalist Jamal Khashoggi entered the Saudi consulate in Istanbul, Turkey. He was never seen alive again. From the Academy Award–winning director Bryan Fogel, The Dissident is now streaming on On Demand.
  • If you feel something interfering with your happiness or holding you back from your goals, BetterHelp is an accessible and affordable source for professional counseling. BetterHelp assesses your needs and matches you with a licensed therapist you can start talking to in under 24 hours, all online.

Audio production by Ian Keyser.
Assistant production by Regan Taylor.
Music: “Angeline,” by The Brothers Steve.

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Heller’s Sad Bar Mitzvah

Last month, I expressed some optimism that the Supreme Court would soon grant a Second Amendment case. We know there were four votes to grant a gun case last term. And now, Chief Justice Roberts is no longer the fifth vote. We have Justice Barrett, I thought. Certainly an ostensible 6-3 conservative majority would be enough to grant a gun case. Hope springs eternal.

Today, the Supreme Court denied review in three Second Amendment cases. Each case  involved a non-violent felon who sought the restoration of Second Amendment rights. And thes cases were brought by leading Second Amendment attorneys. Holloway v. Garland was filed by the Firearms Policy Coalition. Folajtar v. Garland was filed by David Thompson at Cooper & Kirk. And Flick v. Garland was filed by Alan Gura. None of these cases was even relisted. They were denied outright.

What is going on here? We know Justice Barrett ruled in favor of the non-violent felon in Kanter v. Barr. Alas, my tentative suspicion is that Justice Alito is not willing to rule for a felon, even where doing so would advance the Second Amendment. I still think his strange vote in Gundy was designed to avoid ruling for a sex offender. I do not think there are five votes for a felon case now.

But what about NYS Rifle & Pistol Association v. Corlett. This petition, which was gift-wrapped with a bow by Paul Clement, squarely presents the carry issue. The case was distributed for conferences on 3/26, 4/1, and 4/16. At this point it looks like we will get another dissent from denial of certiorari. Justice Thomas will have to refresh his dissental from Rogers v. Grewal, which was joined in part by Justice Kavanaugh. There should be four votes here. Thomas, Kavanaugh, plus Gorsuch and Alito. The latter two are already on record about the right to bear arms outside the home. Are we to believe that Justice Barrett is unwilling to grant cert? Is that really where we are in April 2021? An unwillingness to resolve a decade-long circuit split about the right to carry?

At this point, the only way for the Court to take a case will be for the government to lose in the lower court. Force the Solicitor General to file a cert petition, and let’s ride it out. To be perfectly frank, I would prefer the Court to put Heller out of its misery, and hold the right is limited to the home. That end game would be preferable to this never-ending shell game. So much effort is wasted litigating cases that do not matter. I don’t even know if I will bother teaching the Second Amendment in future classes. What’s the point? I have to throw my hands up in class and say, “I don’t know, and the Court will not tell us.”

Heller is thirteen years old this year. In the Jewish tradition, it would be celebrating its Bar Mitzvah. And what a sad Bar Mitzvah it would be.

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