Where’s Your Hill?

 

When Roy Moore was in the process of being brought down in the Alabama Senate race last December, the standard response from the establishment side of the GOP was, “Look, Moore is a nutcase. This is not a court of law. There is no due process or presumption of innocence. He’s not the hill you want to die on.”

When Alex Jones was purged off of social media the response was, “This is not a government action, but the actions of private individuals. Besides, he’s a nutcase and this is not the hill you want to die on.”

Enter Brett Kavanaugh. As his reputation is destroyed by the minority party suddenly the establishment is appalled. Why? Well, primarily because even though he was nominated to SCOTUS by Donald Trump, Kavanaugh is seen as “one of us,” one of the good chaps whose pedigree of private high schools, Yale and all the right government clerkships and appointments was beyond question.

Is this the hill now? When you surrendered all of that territory before, when you tucked your collective tails between your legs and ran like scalded dogs, now you want to turn and fight? Look what you gave up before. Like the Alabama race, proceedings in the Senate Judiciary Committee are not the equivalent of a court of law. The ideas of due process and presumed innocence you gave away in December are a little hard to reclaim now. When you look at all of the private, non-government entities behind this smear job, how can you rebuke them?

Principles are funny things. If you don’t apply them to the people you dislike then they are unlikely to be of any use when you really need them.

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  1. Brian Watt Inactive
    Brian Watt
    @BrianWatt

    DrewInWisconsin (View Comment):

    Guys, seriously. The right to free speech exists apart from the questions about when and how it is legal to infringe upon it. It is perfectly valid to call the silencing of Alex Jones across social media an infringement on his freedom of speech, even if how it’s done isn’t illegal.

    If EJ Hill gets 12 microphones at his soapbox, but when Jones steps up, 11 of them are removed, his freedom of speech is curtailed. Sure, he has other venues. Everyone has options. But to say he’s not having his free speech infringed upon isn’t quite true.

    All things being equal, he has to jump through more hoops to have his message heard.

    Is that okay because he’s a kook? No.

    Is it legal because Facebook is a private entity? Yes.

    It’s legal to shut him down. Is it right? Is it moral? Or if we truly believe in the principle of free speech, does that mean that we must allow even those we disagree with to speak? Yes, I’m afraid it does.

    Actually, a very strong moral case can be made for de-platforming Alex Jones from Facebook, Twitter, and YouTube…so you may not want to go there. In one of his latest conspiracy theory tirades, he’s accused Robert Mueller of being part of a child sex ring – which if baseless…(I mean what are the odds?) is essentially a defamation lawsuit in the offing – and then Jones followed up that accusation with a threatening statement:

    Last week Mr Jones broadcast a bizarre accusation that Robert Mueller, the special counsel investigating Russian interference in the 2016 election, was involved in a child sex ring. In an online broadcast, Mr Jones addressed Mr Mueller while repeatedly imitating firing a handgun, saying: “It’s the real world. Politically. You’re going to get it, or I’m going to die trying.”

    Or to say it conversely, one might even say that it’s immoral and unethical to keep Jones on these particular social media platforms. Personally, I think FB, YT, and Twitter did the right thing in Mr. Jones’ case. I also think we have to be careful and thoughtful about for whom we choose to die on a hill. I think Dennis Prager and James Woods and others are right to complain and push back with whatever public support they can muster. That said, they don’t have a constitutional right to be on these sites. And please don’t trot out 47 U.S.C. § 230, a Provision of the Communication Decency Act because there’s absolutely nothing in it that restricts these social media sites from de-platforming any subscriber for any reason. Read my Comments #47, #50, #58, #61, and #67 on my brother Doug’s post earlier this month.

    • #151
  2. CarolJoy Coolidge
    CarolJoy
    @CarolJoy

    Henry Castaigne (View Comment):

    This is a much better hill to die on than either of those cases. There is a principled argument that social media has the right to ban whomever it wants. (Though they have been behaving so badly I think it is a complicated moral argument.)

    SNIP

    Brett Kavanaugh’s accuser has some of the flimsiest accusations I have ever heard and he has been accused in a manner that purposefully accused in such a manner as to deny him his right to refute the charges against him. That and everything we know about the guy is that he is a decent family man and an honest originalist.

    While there are decent arguments for fighting on some of the hills back, this is a much better hill to die on.

    I keep hoping that on Thursday regarding Kavanaugh’s attackers, someone in the Senate will  be able to summon the courage to state: “Have you no shame!”

     

    • #152
  3. Judge Mental Member
    Judge Mental
    @JudgeMental

    CarolJoy (View Comment):

    Henry Castaigne (View Comment):

    This is a much better hill to die on than either of those cases. There is a principled argument that social media has the right to ban whomever it wants. (Though they have been behaving so badly I think it is a complicated moral argument.)

    SNIP

    Brett Kavanaugh’s accuser has some of the flimsiest accusations I have ever heard and he has been accused in a manner that purposefully accused in such a manner as to deny him his right to refute the charges against him. That and everything we know about the guy is that he is a decent family man and an honest originalist.

    While there are decent arguments for fighting on some of the hills back, this is a much better hill to die on.

    I keep hoping that on Thursday regarding Kavanaugh’s attackers, someone in the Senate will be able to summon the courage to state: “Have you no shame!”

     

    I was thinking exactly the same thing.  And see how many lefties are willing to acknowledge the reference.

    • #153
  4. Hammer, The (Ryan M) Inactive
    Hammer, The (Ryan M)
    @RyanM

    JudithannCampbell (View Comment):

    Hammer, The (Ryan M) (View Comment):

    JudithannCampbell (View Comment):

    blood thirsty neocon (View Comment):
    No, Moore was not the hill to die on. He didn’t even bother to deny accusations properly, as Hannity pointed out. Let’s forget about him

    I like Sean Hannity, really I do, but I am not prepared to make him judge, jury and executioner. Women who have been assaulted need to bring criminal charges through the criminal justice system. We as a culture cannot accept women who can not or will not press charges, but want to destroy men years or decades later with horrific and impossible to prove stories. You are a guy, aren’t you? And yet, you are acting as though this is all some kind of fun game. I hope your support of feminist ideas never comes back to bite you.

    That was not the only reason people did not vote for Moore. If that one allegation was the only reason, I might agree. But it wasn’t.

    Like I said, if you dislike his political positions, fine, just say so, but to smear someone as a sex offender or remain silent while others do so because you don’t like his political positions is despicable.

    That’s a bit of a straw man. Most people who disliked Moore had lots of reasons. Again, pretty easy to answer EJ’s question about why he wasn’t “a hill to die on.“

    • #154
  5. Western Chauvinist Member
    Western Chauvinist
    @WesternChauvinist

    Hammer, The (Ryan M) (View Comment):

    Miffed White Male (View Comment):

    Great paragraph from Holman Jenkins column in the Wall Street Journaql:

    We pause here to make a point that can’t be made often enough. Americans who are horrified by the election of Donald Trump have not reckoned with the fact that, by the well-informed lights of millions of their fellow citizens, our existing leaders have been nothing to write home about. The idea that Mr. Trump is some great derogation from the normally high quality of officeholders is much exaggerated.

    True enough!

    But… get one person bloody in the mud, he’s bloody dirty… put a hundred people in the fight mud, suddenly they’re all clean? Problem is, we’d (Trumpires) still like to retain the ability to point out when democrats are bloody dirty. That’s undermined when we deny the existence of the battle mud on behalf of America Trump.

    FIFY 

    Y’all aren’t willing to get bloody.

    • #155
  6. Mendel Inactive
    Mendel
    @Mendel

    Hammer, The (Ryan M) (View Comment):

    DrewInWisconsin (View Comment):

    Mendel (View Comment):
    So what we’re really debating isn’t whether or not we should allow Alex Jones to speak, but whether he should be given a platform even if none of the platforms want him. And presumably your answer, Drew, is yes (and mine is “not really”).

    I have no interest in forcing Facebook and Twitter to give him a platform. (I do think that Paypal’s decision to not do business with him is on shaky legal ground according to the Bake the Damn Cake precedent.)

    All I’m trying to get across is that shutting him out of the platforms — what is essentially our modern public square — is a form of censorship.

    With that understanding, we need to consider whether our own distaste for Alex Jones is a valid enough reason to side with the censors.

    I am under no illusion that the line won’t move in my direction. It is not fallacious to point out how we do seem to be sliding down that slippery slope.

    Do I side with censors who would happily silence me next? Or do I side with free speech — even speech I don’t like? I’m going with free speech.

    Literally nobody has argued that it is not a form of censorship. 

    In fairness to Drew, I did, in several comments prior to this one. So Drew isn’t moving the goalposts.
    I stand by my claim that a private group disinviting somebody from their party is not censorship. But in the end that’s arguing about semantics. The real question is: what do we intend to do about it? We all agree, including Drew, that we (and/or the government) shouldn’t force Facebook, Twitter, or other social media sites to host members they don’t want to have. 

    But then what options are left to keep this “censorship” at bay? Boycott Facebook and Twitter? Sounds great. In fact, I’ve been doing that since they first came out. But that’s the type of libertarian response that a lot of people here seem to find too limp-wristed. But what other options are available other than writing strongly-worded comments on a website almost nobody reads?

    • #156
  7. Mendel Inactive
    Mendel
    @Mendel

    Western Chauvinist (View Comment):
    Y’all aren’t willing to get bloody.

    I’m genuinely curious about how you define “getting bloody” in practical terms.

    I truly don’t know what that means in this day and age. But it seems like many people define “getting bloody” as “taking a hard stance on an issue on social media”, which to me seems to be the exact opposite of getting bloody.

    • #157
  8. Judge Mental Member
    Judge Mental
    @JudgeMental

    Mendel (View Comment):

    But then what options are left to keep this “censorship” at bay? Boycott Facebook and Twitter? Sounds great. In fact, I’ve been doing that since they first came out. But that’s the type of libertarian response that a lot of people here seem to find too limp-wristed. But what other options are available other than writing strongly-worded comments on a website almost nobody reads?

    They claim to be platforms, not publishers.  The model typically used is the phone company.  But the phone company doesn’t refuse you a phone if you’re a conspiracy nut, and doesn’t shut off phone calls if you talk about them.  These sites are exercising editorial control over every word published on their sites.  They are clearing acting as publishers.

    My suggestion is to require them to live by publisher rules, or stop exercising the control.  That would mean they were legally liable for every word on the site, and would probably be looking at millions of nuisance lawsuits per year.

    People have the right and ability to block people they find offensive, so I say the solution is to actually be a platform, Wild West style.

    • #158
  9. Mike “Lash” LaRoche Inactive
    Mike “Lash” LaRoche
    @MikeLaRoche

    In 1832, Carl von Clausewitz noted an uncomfortable but undeniable truth: “We see, therefore, that war is not merely an act of policy but a true political instrument, a continuation of political intercourse carried on with other means. What remains peculiar to war is simply the peculiar nature of its means.” Ignore him at your peril.

    • #159
  10. Mike “Lash” LaRoche Inactive
    Mike “Lash” LaRoche
    @MikeLaRoche

    The left’s tactics of personal destruction and violent confrontation (as recently seen with their hounding of Ted Cruz out of a restaurant) are establishing a dangerous precedent. If the GOP gives in to the assault on Kavanaugh, expect more of that.

    • #160
  11. Judge Mental Member
    Judge Mental
    @JudgeMental

    Mike “Lash” LaRoche (View Comment):

    The left’s tactics of personal destruction and violent confrontation (as recently seen with their hounding of Ted Cruz out of a restaurant) are establishing a dangerous precedent. If the GOP gives in to the assault on Kavanaugh, expect more of that.

    I expect we’ll get more either way.  If it works, because it works, and if not, because they didn’t go far enough.

    • #161
  12. Mike “Lash” LaRoche Inactive
    Mike “Lash” LaRoche
    @MikeLaRoche

    Judge Mental (View Comment):

    Mike “Lash” LaRoche (View Comment):

    The left’s tactics of personal destruction and violent confrontation (as recently seen with their hounding of Ted Cruz out of a restaurant) are establishing a dangerous precedent. If the GOP gives in to the assault on Kavanaugh, expect more of that.

    I expect we’ll get more either way. If it works, because it works, and if not, because they didn’t go far enough.

    Good point. The Rubicon may have already been crossed.

    • #162
  13. Western Chauvinist Member
    Western Chauvinist
    @WesternChauvinist

    Mendel (View Comment):

    Western Chauvinist (View Comment):
    Y’all aren’t willing to get bloody.

    I’m genuinely curious about how you define “getting bloody” in practical terms.

    I truly don’t know what that means in this day and age. But it seems like many people define “getting bloody” as “taking a hard stance on an issue on social media”, which to me seems to be the exact opposite of getting bloody.

    Willing to take some hits. That is literally what being an “umpire” is about. Being outside the fight and making judgements about the actions of opposing sides. It’s a form of pacifism I find, um…unattractve (actually, I find all pacifism unattractive), if not unmanly.

    The Left is willing to do anything for their cause, up to and including violence. Many of our politicians won’t even say, “I believe Kavanaugh and not the Democrats’ political operative, and I wouldn’t consider drunken high school sexploits disqualifying even if there was a scintilla of truth to the allegations.”

    Someone might say something mean and untrue about them in the NYTs. Duh, like that won’t happen anyway. Wouldn’t want to risk reelection chances.

    • #163
  14. Fred Cole Inactive
    Fred Cole
    @FredCole

    Hoyacon (View Comment):

    Fred Cole (View Comment):

    DrewInWisconsin (View Comment):

    Valiuth (View Comment):
    There is a whole wikipedia page devoted to cataloging allegations of Trump’s misconduct in this area.

    Wikipedia, which can be edited by anyone, is totes legit.

    There’s references at the bottom of the page. That particular article has 150 of them.

    And no, it can’t be edited by anyone. That’s not how it works anymore.

    And the operative word remains allegations. So can we stop trying to treat it as truth. As far as the editing process, let’s also not pretend that it’s not replete with political bias and shading.

     

    Right. But those allegations fit into a pattern of known behavior and statements, which lends them credence.  

    As far as political bias … sure.  I mean that’s one of those things conservative always fall back on to cry about when a source is inconvenient, so the claim kinda falls flat for me.

    For what it’s worth the Wikipedia strives against political bias and shading.  It’s intended to be written in a neutral way.  There are extensive discussions that you can look at about the edits that are made to articles.

    And it’s not like there isn’t a similar page of sexual misconduct allegations against Bill Clinton, because there totally is.

     

     

    • #164
  15. Fred Cole Inactive
    Fred Cole
    @FredCole

    Hoyacon (View Comment):
    The issue (or “problem” if you will) is that the left does not draw the line between “principle” and “partisanship.”

    They say the same thing about conservatives, by the way.  Considering the number of conservatives who have twisted themselves into knots in the last two years to rationalize supporting Donald Trump, their case seems stronger at the moment. 

    I mean, it was less than a year ago that Democrats brought down one of their own, Al Franken, for what in comparison seems like mild allegations.  

    • #165
  16. Kozak Member
    Kozak
    @Kozak

    Valiuth (View Comment):
    Didn’t you bury your hearts there with pussygrabergate?

    For the umpteenth time.  Locker room talk that was true.  He didn’t say he grabbed women by their pussy, he said there are women who will let the rich and famous grab them by the pussy.   Unlike say Clinton who actually raped. Or Kennedy who killed one, and made “waitress sandwiches” with another drunken Senator.

    We finally have a Potus who puts America first and foremost, who will fight for us, who isn’t cowed by the media.  He ain’t perfect, but i’ll take him.

    You go back to playing patty cake while the Progressives destroy us.

    • #166
  17. blood thirsty neocon Inactive
    blood thirsty neocon
    @bloodthirstyneocon

    BTW, the left is noticing that fighting dirty may work.

    • #167
  18. Fred Cole Inactive
    Fred Cole
    @FredCole

    Kozak (View Comment):
    For the umpteenth time. Locker room talk that was true. He didn’t say he grabbed women by their pussy, he said there are women who will let the rich and famous grab them by the pussy.

    I see, so when he said “I did try and f*** her. She was married,” was that also hypothetical?  

    When he said “I moved on her like a b****. But I couldn’t get there. And she was married,” that also wasn’t an admission?

     

    • #168
  19. ctlaw Coolidge
    ctlaw
    @ctlaw

    Quake Voter (View Comment):
    If Facebook, Twitter et al. want to police their content, exclude viewpoints, fact check and curate they become publishers and are subject to libel for libelous matter in the publications.

    unfortunately, the law is poorly written.  there is no clear requirement that it be an all or nothing proposition. Thus Facebook and Twitter take the position that they can choose to censor certain publications while still enjoying the law’s protections regarding those they do not censor. 

    • #169
  20. Kozak Member
    Kozak
    @Kozak

    Fred Cole (View Comment):

    Kozak (View Comment):
    For the umpteenth time. Locker room talk that was true. He didn’t say he grabbed women by their pussy, he said there are women who will let the rich and famous grab them by the pussy.

    I see, so when he said “I did try and f*** her. She was married,” was that also hypothetical?

    When he said “I moved on her like a b****. But I couldn’t get there. And she was married,” that also wasn’t an admission?

    Post a link.

    • #170
  21. ctlaw Coolidge
    ctlaw
    @ctlaw

    Brian Watt (View Comment):
    I once scolded a prominent Ricochet contributor for not soundly rebuking primary candidate Donald Trump for encouraging violence during his campaign speeches.

    That’s a mischaracterization and highlights the situation we face. Violence against whom? At the time there had been a series of violent leftist attacks outside Trump events and disruptions inside.  State and local authorities utterly failed to respond to these with any deterrent effect. In fact in many cases they encouraged these. Trump’s free-speech rights and his supporters’ safety were not hills that domesticated Republicans were willing to die on.

    That failure has brought us to this:

    https://dailycaller.com/2018/09/24/ted-cruz-protested-dc-restaurant/

    • #171
  22. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    Fred Cole (View Comment):

    Kozak (View Comment):
    For the umpteenth time. Locker room talk that was true. He didn’t say he grabbed women by their pussy, he said there are women who will let the rich and famous grab them by the pussy.

    I see, so when he said “I did try and f*** her. She was married,” was that also hypothetical?

    When he said “I moved on her like a b****. But I couldn’t get there. And she was married,” that also wasn’t an admission?

     

    Neither of those statements say or imply “against her will”.

    • #172
  23. The Reticulator Member
    The Reticulator
    @TheReticulator

    Mike “Lash” LaRoche (View Comment):

    The left’s tactics of personal destruction and violent confrontation (as recently seen with their hounding of Ted Cruz out of a restaurant) are establishing a dangerous precedent. If the GOP gives in to the assault on Kavanaugh, expect more of that.

    Trial by Combat. It has been the method since the days of Gingrich, at least.

    • #173
  24. Gumby Mark Coolidge
    Gumby Mark
    @GumbyMark

    Fred Cole (View Comment):

    Hoyacon (View Comment):
    The issue (or “problem” if you will) is that the left does not draw the line between “principle” and “partisanship.”

    They say the same thing about conservatives, by the way. Considering the number of conservatives who have twisted themselves into knots in the last two years to rationalize supporting Donald Trump, their case seems stronger at the moment.

    I mean, it was less than a year ago that Democrats brought down one of their own, Al Franken, for what in comparison seems like mild allegations.

    They brought down Franken because it was in the midst of the Alabama senate race and they had bigger targets in mind.  They knew Franken would be replaced with another D, while they had a chance to flip the Alabama seat if they got Moore.  Al was collateral damage.

    • #174
  25. Songwriter Inactive
    Songwriter
    @user_19450

    Spin (View Comment):

    Mendel (View Comment):
    You’re addressing this to a forum of middle aged guys sitting at their computers.

    Thanks for the reminder…

    I’m thrilled that, at age 64, I can still be considered “middle-aged.”

    • #175
  26. Ekosj Member
    Ekosj
    @Ekosj

    Valiuth (View Comment):

    EJHill: Principles are funny things. If you don’t apply them to the people you dislike then they are unlikely to be of any use when you really need them.

    From a Trump supporter? This is rich. I thought the hill to die on for you lot was Trump. Didn’t you bury your hearts there with pussygrabergate? How about applying principles to the people whose actions you seek to benefit from? Not very keen on holding people up to them then are you? It is funny how your principles always lead you to support your preferred political outcome.

    It is fun to see that Mr. Establishment Kavanaugh is apparently the next hill over from Moore and Jones, two of the nuttiest weirdos to grace our public discourse.

    None of this is being adjudicated in a court of law so none of it is subject to any kid of legal standards. It is all basically a gut call by private citizens about our own subjective sense of justice in each case. The three matters are for all intents and purposes isolated from each other. The standard is and remains as it has always been, do you think it sounds right. Not a very rigorous standard, but then again these aren’t rigorous circumstance. And with the exception of Moore where the people of Alabam got to vote on the matter the number of people to be convinced is very limited. In the case of Kavanaugh the only people who have to decide or care are the Senators that will vote for his confirmation. And the only people that have to decide what happens to Jones are the people establishing policy at You Tube, Apple, Google, etc. Everyone else’s opinion is at best superfluous.

    That’s the long way ‘round saying “No.   There are no principles I will fight for at stake here.  As long as it’s done by private citizens, they can burn him at the stake.“

     

     

    • #176
  27. Fred Cole Inactive
    Fred Cole
    @FredCole

    Gumby Mark (View Comment):

    Fred Cole (View Comment):

    Hoyacon (View Comment):
    The issue (or “problem” if you will) is that the left does not draw the line between “principle” and “partisanship.”

    They say the same thing about conservatives, by the way. Considering the number of conservatives who have twisted themselves into knots in the last two years to rationalize supporting Donald Trump, their case seems stronger at the moment.

    I mean, it was less than a year ago that Democrats brought down one of their own, Al Franken, for what in comparison seems like mild allegations.

    They brought down Franken because it was in the midst of the Alabama senate race and they had bigger targets in mind. They knew Franken would be replaced with another D, while they had a chance to flip the Alabama seat if they got Moore. Al was collateral damage.

    That might make sense as a conspiracy theory if senate seniority rules didn’t exist. 

    • #177
  28. Percival Thatcher
    Percival
    @Percival

    The Reticulator (View Comment):

    Mike “Lash” LaRoche (View Comment):

    The left’s tactics of personal destruction and violent confrontation (as recently seen with their hounding of Ted Cruz out of a restaurant) are establishing a dangerous precedent. If the GOP gives in to the assault on Kavanaugh, expect more of that.

    Trial by Combat. It has been the method since the days of Gingrich, at least.

    Sounds good to me.

    • #178
  29. Fred Cole Inactive
    Fred Cole
    @FredCole

    Kozak (View Comment):

    Fred Cole (View Comment):

    Kozak (View Comment):
    For the umpteenth time. Locker room talk that was true. He didn’t say he grabbed women by their pussy, he said there are women who will let the rich and famous grab them by the pussy.

    I see, so when he said “I did try and f*** her. She was married,” was that also hypothetical?

    When he said “I moved on her like a b****. But I couldn’t get there. And she was married,” that also wasn’t an admission?

    Post a link.

    Sure.

    Here’s the transcript (um, language warning, obviously). And here’s the video.

    So when he said “I did try and f*** her. She was married,” was that also hypothetical?

    When he said “I moved on her like a b****. But I couldn’t get there. And she was married,” that also wasn’t an admission?

    • #179
  30. Concretevol Thatcher
    Concretevol
    @Concretevol

    Stad (View Comment):

    EJHill: Principles are funny things. If you don’t apply them to the people you dislike then they are unlikely to be of any use when you really need them.

    Apparently the Republican elite will only defend perfect people. I guess that makes Jesus and the Virgin Mary the only candidates they’ll go to the mattresses for . . .

    Good to know I am part of the Republican elite cause I’m not defending Roy Moore and definitely not defending Alex Jones from being kicked off a private platform.  The link to those two guys and the slanderous attacks on Kavanaugh is reeeeeaaaaallly a stretch.  

    • #180
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