Categories
First Amendment rights regulation

Operation Choke Point Choked

The government should not be pushing private firms, including banks, to sever relationships with customers on ideological grounds. 

Nevertheless, in 2013 the Department of Justice and FDIC began pressing banks to cut off services to certain “high risk” industries, like the gun industry. The initiative was called — with laudable candor — Operation Choke Point. The pressure was an expression of the Obama administration’s hostility to Second Amendment rights and various views and advocacy, not a response to alleged lawbreaking by the debanked customers.

The Trump administration first sought to end this practice in 2017. But the urge to censor and punish viewpoints, including by debanking, resurged during the Biden administration.

In 2025, President Trump, in his second shot at heading the executive branch, issued a new executive order directing federal agencies to review the situation and issue new regulations to protect customers. It was to be made clear to banks that despite the impression conveyed by other administrations, so-called “reputational risk” — which boils down to hostility to certain views and enterprises — is not a warrant to fire customers.

A finalized and, one hopes, truly final rule has just been issued. It prohibits relevant agencies from criticizing or penalizing a supervised institution based on “reputation risk” or from instructing institutions to kill accounts because of customers’ constitutionally protected speech or activities.

The proper functions of government do not include acting to punish people directly or indirectly for their speech . . . or other exercise of their rights. The fact that just such a squarely improper (and illiberal) policy endured through several administrations shows just how shaky constitutionally guaranteed freedoms are in the current ideological climate.

This is Common Sense. I’m Paul Jacob.


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Categories
Thought

Larry Niven

The dinosaurs became extinct because they didn’t have a space program. And if we become extinct because we don’t have a space program, it’ll serve us right!

Larry Niven, as quoted by Arthur C. Clarke in “Meeting of the Minds: Buzz Aldrin Visits Arthur C. Clarke” by Andrew Chaikin, Space.com (February 27, 2001).
Categories
Today

Twenty-Seventh of April

  • In 1667 on this date, a blind and impoverished poet named John Milton sold his greatest work, Paradise Lost, to a printer for £10, so that it could be entered into the Stationers’ Register, which was an early form of copyright protection and censorship mechanism rolled into one.
  • The year was A.D. 1805, and the United States Marines and Berbers attacked the Tripolitan city of Derna on the 27th of April, referenced in the “shores of Tripoli” in the well-known Marines’ Hymn.
  • On April 27, 1861, Abraham Lincoln — having served as president of the United States for less than two months — suspended the writ of habeas corpus, twelve days after he had declared that an insurrection was underway.
  • As World War II neared its European conclusion, Benito Mussolini was arrested — on the 27th day of the fourth month of 1945 — in the act of fleeing . . . disguised as a German soldier.

Categories
Update

The Southern Poverty Law Con?

The Southern Poverty Law Center has been a deeply pernicious organization for a very long time. In 2017, Paul Jacob characterized one of the outfit’s key modi operandi as a scam, lumping “political opponents — conservatives and libertarians — in with Nazis and the KKK, in order to smear them.” That is, expand the enemies list the better to incite activist involvement.

It turns out that may not just be the judgment of SPLC critics like Paul.

The Department of Justice, last week, added another dimension to the story, bringing fraud and money laundering charges against the organization. What is the SPLC alleged to have done? A federal grand jury indicted the organization with “11 counts of wire fraud, false statements to a federally insured bank, and conspiracy to commit concealment money laundering.”

Substantively, the claim is that the SPLC funded and directed infiltrators into racist organizations, including the organizers of the infamous Charlottesville “Unite the Right” rally, who — as leaders in those organizations — pushed radical, extremist tactics (including criminal acts) that the SPLC then used to gin up donor panic to increase the organization’s funding.

Whether the case succeeds in court, legally, remains to be seen, but already the revelations of the SPLC’s tactics show a twisted moral sense, a corrupt view of strategy and tactics, and a general ethical ickiness.

Journalist Tim Pool added more information, telling his video and podcasting audience of his own encounters with the SPLC — based on the “psy-op” run against him a few years ago, in which Biden’s egregious Attorney General Merrick Garland publicly proclaimed that the journalist had been funded by Russia. But Garland wasn’t the first to advance this accusation. The SPLC had done it earlier. Mr. Pool suspects that the CIA was involved in this, too, apparently trying to destroy him and some other non-woke alternative media voices. Pool says it did not work because there was nothing to it:

“Weird, isn’t it?” asks Mr. Pool.

Not-so-weird, once you know the history of the founder of the Southern Poverty Law Center, according to attorney Robert Barnes:

Barnes also notes an eerie CIA odor to the whole affair.

Speaking of the Central Intelligence Agency, the CIA “whistleblower” who has been making the rounds on podcasts in the last few months does not dismiss the charges, noting that they are specific enough that whether or not the crimes have happened can indeed be determined in court:

Categories
Thought

Robert A. Heinlein

Oh, I have strong opinions, but a thousand reasoned opinions are never equal to one case of diving in and finding out. Galileo proved that and it may be the only certainty we have.

An admission by the character Lazarus Long, from Robert A. Heinlein’s Time Enough for Love (1973), Prelude I.
Categories
Today

Meteoric

On April 26, 1803, thousands of meteor fragments fell from the sky over L’Aigle, France — convincing European scientists that meteors exist.

Categories
Update

Trans Is Out at HUD

“Department of Housing and Urban Development (HUD) Secretary Scott Turner announced a new proposed rule on Thursday,” explains The Epoch Times, one “that seeks to end the use of ‘gender identity’ across all departmental programs, which is intended to ‘restore biological reality and protect women.’”

HUD plans to “remove radical definitions of gender identity, sexual orientation, and gender, replacing them with sex” an April 23 statement from HUD clarifies.

Common terminology — including mother, father, woman, man, girl, and boy — will return to a commonsense usage, relating to a person’s sex as understood universally until just a few years ago with the rise of “gender theory” and “queer theory” and transhumanism, transgenderism and other now evidently transient fads in ideology.

In February the HUD secretary claimed that the new standards are in line with the infamous executive order signed by President Donald Trump on his first day in office.

“In its February 2025 statement,” the Epoch Times concludes, “HUD said that the 2016 rule allowed men to take advantage of department programs directed at women.”

Categories
Thought

Charles Dickens

If there were no bad people, there would be no good lawyers.

Charles Dickens, The Old Curiosity Shop (1841).

Categories
Today

A Very French First

On April 25, 1792, Nicolas J. Pelletier, a highwayman, became the first person to be executed by guillotine.

Categories
representation

What We Want and How to Get It

British-American philosopher Mick Jagger put it best: “You can’t always get what you want.”

A universal verity.

But what about a sadder situation? “You must always get what you don’t want.”

Only the deepest pessimist thinks this pertains to our lives, our “lived experience” in even these our mixed-up times. But it does apply to one huge domain of life: our representation in Congress.

Or so says Stephen Erickson. “The American people consistently rank career politicians among the least trustworthy professions. At the same time, professional politicians are supposed to represent us, and they have more power over our lives than any other profession.”

I don’t think this needs to be argued. Though Mr. Erickson does cite evidence, the thesis hardly needs massive data sets. Or British-American philosophers. So what to do? Erickson, being a practical man, takes the bull by the bumps on its head, two of them:

“First, we need to show how representative democracy might work without professional politicians.” The basic proposal is to “Reduce all local electoral districts to no more than 10,000 residents” where “every district becomes walkable and winnable with handshakes, flyers and yard signs.” This would work because small districts turn politics into “personal reputations and relationships, not money and marketing. Special interests therefore lose their influence.”

His second show-and-tell is “a realistic path forward.” That path lies with “the citizens’ initiative and referendum.”

As readers of this column know, my support for this more direct approach is both long-standing and thorough-going. The initiative process is the only decent process for serious reforms of our representative system because our representatives will block serious reform otherwise. 

Please read Stephen Erickson’s essay, “How to Eliminate Politics as a Profession.”

No one wants to be their Beast of Burden.

This is Common Sense. I’m Paul Jacob.


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