by Jim Davidson
Attribute to L. Neil Smith’s The Libertarian Enterprise
“The Court held that prior restraint on publication (censoring newspapers in advance) in Minnesota was ‘the essence of censorship’ and the heart of what the First Amendment was designed to prevent. Even in cases where printed statements could be punished after the fact (libelous statements, for example), neither federal nor state governments could stop the publication of materials in advance.”
— Bill of Rights Institute, Near v. Minnesota, 1931
The bill of rights is the highest secular law of the land. Its very first article says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Any limitation of freedom of speech or of the press is prohibited. That includes any prior restraint, any requirement that people limit their free expression in advance. A requirement that someone wear a face diaper is a prior restraint. Smiling, frowning, laughing, and all other facial expressions are free speech.
Moreover, the arguments against masques for medical purposes are very compelling. No virus can be stopped by wearing a masque, but the accumulation of bacteria around the nose and mouth can lead to rashes, infections, and other serious harm. Masques harm child development by preventing children from seeing faces, including their own in the mirror. Masques are very harmful during exercise as they severely restrict breathing. I could quote extensive data, including from prominent self-proclaimed “authorities” who push the authoritarian case for wearing masques, but I would rather you do your own research. You’ll find out whether you are allowed to see the truth through your search engine, and you’ll be able to see what was said in, say, early 2020 about masques by the same persons who later insisted that masques must be required.
In short, no masque mandate is constitutional, and no individual demanding that you wear a masque has any authority to do so. Masques are meant to impose a restraint on your free expression. Masques are meant to harm you. Those demanding masques are demanding that you proclaim that you are a slave. All libertarians who argue otherwise are mistaken, and some are libertarians in name only and, therefore, individually evil.
The same goes for requiring you to say someone’s preferred pronoun. Any company that accepts any federal funds in any capacity has no authority to require masques or pronoun deference. Pronouns such as “xi” and “zir” are meant to force other people to behave in an absurd manner that they would not do if they were not forced. As such, pronoun enforcement is tyranny. It is meant to end all speech choices. The argument that because a person has a preference of how they shall be denoted with certain pronouns you must obey them is, in fact, a prior restraint on free speech.
It is also not a good idea. Reality intrudes on the transgender movement in a way that makes them vicious. JK Rowling simply pointed out that biology has specific genders. She also pointed out that people who hate women are encouraged to require them to pretend men are women in a way that denies the lived experiences of women. The transgender movement wants government authority and protection for the same reason that all bullies want to claim authority. They want to hurt other people as much as possible, perhaps for real or imagined harm done to them.
You do not have an obligation to use any pronouns. You also have complete freedom to use them if you wish. I don’t have any preference about your speech, you can say whatever words you wish. I do have the freedom to limit my interactions with you, to ignore you, to turn my back on you when you come in a room, and to refuse to associate with you. Make yourself a pest and see how it goes.
Note that the right to assemble is also not to be abridged. People are free to gather to petition for redress of grievances. Right now, today, in Ottawa, Canada, a formerly free people have chosen to confront tyrants in government. The bureau-rats in office who work in Ottawa have come out in opposition to free assembly and petition for redress of grievances. In particular, a bureau-rat has sued for $10 million alleging harm from truckers gathering to petition for redress. I won’t name it, you can look up the suit yourself.
By refusing to allow gatherings, by asserting that freedom convoys are prohibited, the governments of Canada and the United States are attempting to impose a prior restraint on free speech, free assembly, and petition for redress. I suggest a general strike of those who are actually working for a living to see whether the governments are going to survive in the absence of, say, trucking. The self-proclaimed elitist swine who think they rule the world would never willingly do any ten or twelve or sixteen hour day of labour such as driving a truck. So we’ll see whether the consequences of their actions are survivable. No deliveries to Ottawa seems like a good place to start.
One of the most important features of American and English (and, thus, Canadian) common law is the writ of habeas corpus . This phrase is Latin and refers to showing the person who is imprisoned, bringing them to appear in court. We have had, until recently, a tradition of open and transparent judicial proceedings because of the terrible damage done by secret courts and black chamber proceedings.
Thomas Jefferson wrote, “Habeas corpus secures every man here, alien or citizen, against everything which is not law, whatever shape it may assume.”
So, I propose an experiment. Somewhere there is an attorney who seeks to be noted by prospective customers. In jail for over a year, without trial, without evidence, and under harsh conditions, are hundreds of “January 6th” protesters who are called by the government insurrectionists. Extensive evidence, including evidence recently demanded by on of the attorneys for one of the defendants, shows that the people assembled that day in 2021 were peaceful, orderly, and proceeded on invitation into the people’s building, paid for by their taxes, maintained for their service.
Public servants in name only, including Liz Cheney and Nancy Pelosi, among others, have had hundreds of Americans arrested for daring to exist, daring to speak, daring to assemble, daring to be in public, and daring to petition for redress of grievances. These are tyrants most foul. They are not worthy to be involved in governing a free people.
My hypothesis is that the rule of law has ceased. If so, that has many consequences and should be a harbinger of revolution. My experiment is to have a writ of habeas corpus entered on behalf of each of the persons incarcerated since the first month of 2021 who were present at the national capitol building. If they are released, then the rule of law persists, however weak it has become. If they are not released, then the rule of law in America was ended. I believe it was ended, and some time ago.
I believe, to quote Patrick Henry, we have been declared the enemies of the tyrants in Ottawa and in DC. “Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlemen assign any other possible motive for it? “
I suggest you take a few minutes to look over the grievances listed in the Declaration of Independence. You’ll find many of them echo with recent events. Here is one: those in power have “abdicated government here, by declaring us out of [their] protection and waging war against us.”
You have to decide, soon, whether to fight on your feet or submit on your knees. Choose wisely.
Your children are going to live with the consequences of your choices.
God is with us to save us.
Jim Davidson is an author, entrepreneur, actor, dancer, and teacher. He is working on OzarkHerbalAcademy.org and other business plans. The Academy has a home near Eureka Springs, Arkansas on about 35 acres. We’re seeking to bring together teachers not only of herbal healing but also of other topics to maintain knowledge in the coming collapse. Support our work by getting in touch with the author at the email address at the top of this essay. Find some of his essays at FreedomLandDAO.com and IglooLuau.com among other places. You can also connect with him on Gettr, Twitter, Failbook, and Flote.app seeking user planetaryjim
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