The Left’s move to crush all dissent has ominous implications. My latest in PJ Media:
I wrote here at PJ Media, at the end of August, about how I was dropped from Patreon at the behest of MasterCard — which claimed that it had done so because my website featured “illegal content.” Since then, MasterCard has ignored a letter from an attorney, and Discover has likewise begun to refuse to process donations to my organization Jihad Watch. These credit card companies appear to be digging in on their commitment to denying service to those with political opinions they dislike. The implications of that are ominous for everyone.
MasterCard and Discover are almost certainly acting against me at the urging of the Southern Poverty Law Center (SPLC), which for years has defamed me as a “hate group leader” and an “anti-Muslim extremist.” These are not mere words. Tyler O’Neil reported in PJ Media last September that former SPLC spokesman Mark Potok declared: “Sometimes the press will describe us as monitoring hate groups, I want to say plainly that our aim in life is to destroy these groups, completely destroy them.”
Potok added: “You are able to destroy these groups sometimes by the things you publish. It’s not so much that they will bring down the police or the federal agents on their head, it’s that you can sometimes so mortally embarrass these groups that they will be destroyed. … We see this political struggle. We’re not trying to change anybody’s mind. We’re trying to wreck the groups. We’re trying to destroy them. Not to send them to prison unfairly or to take their free speech rights away, but as a political matter to destroy them.”
By getting two major credit card companies on board, the SPLC is well on its way in my case — unless MasterCard and Discover Card reverse themselves, and I haven’t given up on that. I’ve also started an Indiegogo fundraiser to raise money to sue the SPLC. It will be interesting to see if the SPLC prevails upon Indiegogo to quash a fundraiser that is critical of the SPLC.
Those who may be applauding MasterCard and Discover Card for quashing a “hate group leader” should stop and think for a minute. The first question for them to ponder is this: What if the SPLC is wrong? It is already established that the SPLC is not infallible in determining who is “hateful” and who isn’t — witness the $3,375,000 it paid to Maajid Nawaz for smearing him as “anti-Muslim extremist.”
Then consider a hypothetical world in which credit card companies and social media platforms shunned people on the word not of the Southern Poverty Law Center, but on the word of, say, the American Family Association. In that event, the Left, that is so authoritarian today, would suddenly become champions of the freedom of speech. But this will remain a hypothetical, because outside of The Handmaid’s Tale, the AFA and other socially conservative groups would never crack down on dissent the way that the Left is doing today.
Nonetheless, the point is still sound: Once it is generally accepted that people can be barred from services based on their political views, America has ceased to exist as a free society.
What will be the next step? Will MasterCard and Discover deny me a personal credit card as well, because I’m on the SPLC’s hit list? Will the SPLC pressure other companies to deny service to me and others that the SPLC has defamed?
In five or ten years, if this trend is not checked, will it be possible for me and others whom the SPLC is trying to destroy to buy a house? A car? Groceries? If the precedent is established that people can be discriminated against based on their political views, there is no telling where it could end, or if it will end at all.
Whatever you may think of me and of the other people that the SPLC has targeted for destruction, the implications of what is being done are clear. America is at a crossroads today. The choice before us is whether we will continue to exist as a free society, or whether we will become a totalitarian state in which holding the proper opinions is an indispensable prerequisite of being able to function as a citizen at all….
Read the rest here.
Frank Anderson says
The credit card companies are in no different position than the Alabama postmaster who refused to deliver a letter as addressed. He was sued for “conversion”, an intentional tort giving rise to actual damages, punitive damages, attorney fees and expenses. The credit card companies acting at the inspiration of SPLC comprise a conspiracy under civil law, in a private action for damages, in addition to criminal law where the “government” seeks to fine and jail the wrongdoers. I have mentioned the postmaster case before and will get off my laziness to find it.
If SPLC is the first named party the suit would be in Alabama. It would probably be in state court because there is not “complete diversity”. But that requires a number of decisions by the client and active counsel.
Please consult a currently licensed attorney active in your jurisdiction for any legal advice.
Frank Anderson says
Please consult a currently licensed and practicing attorney in your jurisdiction for any legal advice.
Quoting except from Alabama Tort Law Handbook, Roberts and Cusimano, Section 29.1 Conversion
“As noted above, conversion involves interference or intermeddling with personal property. However, intangible property, as well as tangible property may be the subject of a conversion action. Historically, intangible rights were incapable of being converted. This stringent rule was first relaxed when the courts allowed recovery for a converted document in which intangible rights were merged. Alabama joined this trend in 1838 with Moody v. Keener, 7 Port.218 (Ala. 1838). The plaintiff had mailed bank notes from Louisville to Tuscaloosa and upon their arrival the defendant postmaster failed to deliver them upon demand to their final destination. The court held that the defendant had converted the letter in which the notes were sealed and was liable to the plaintiff for the full value of the notes. . .”
The hard part is to establish the actual damages. That is where a really top-of -the-line attorney such as those mentioned previously would be invaluable.
HugoHackenbush says
Mr. Anderson,
Thank you for the information. Does not “place of public accommodation” law also apply?
Thank you.
Frank Anderson says
Please consult a currently licensed attorney practicing in your jurisdiction for any legal advice.
I ask you to understand that I am a retired licensed attorney. I can resume practice whenever I wish by paying my current bar dues and getting a local business license. In order to keep that license available I must comply with all the bar rules all the time. It is the duty of every active, inactive or retired lawyer to alert non-lawyers to their rights and duties. In the case of inactive or retired lawyers the recital I post so many times referring any reader to a currently licensed lawyer for legal advice is required. It is almost inevitable that a bar complaint will be made against me sooner or later. I don’t think I will have any problem; but the person filing the complaint may have some.
With that explanation the rules of pleading allow multiple alternative claims and legal theories. The lawyers who prepare and file the complaint to start the suit must decide a host of questions because they are the ones signing it under Rule 11, which if the suit is in Alabama is virtually the same as Federal Rule 11. How would I know that? Because one of my law school professors was on the committee that adapted the federal rules for the state courts.
We were taught from day one of class one on to sue everybody in sight for every arguable claim that would not get us sanctioned under Rule 11. I have filed some pretty healthy lawsuits and claims and have never been sanctioned for making them. A lot of them have been dismissed or didn’t win, but none have ever been ruled abusive or beyond argument.
Only as a matter of my opinion, the public accommodation theory could be argued with a straight face and a clear conscience. In light of the strength and clarity of the conversion theory, which has major, long, case support both in Alabama and elsewhere, I wonder if it would be an efficient use of time and resources. That like other matters of law is a question of opinion and preference which can only be answered after the case is filed and claims are challenged with a motion to dismiss for failure to state a claim upon which relief can be granted. The inclusion of multiple theories improves the chances that at least 1 will survive and the litigation continue.
R Russell says
Bible prophecy coming true
eduardo odraude says
Will NEVER use Mastercard or Discover, unless they reverse themselves.
Amil Imani says
I Stand with Robert Spencer
In August, the Daily Wire reported that the conservative writer, thinker and author at David Horowitz’s Freedom Center (DHFC) was banned from receiving donations from both Visa and MasterCard under heavy pressure from the leftist Southern Poverty Law Center (SPLC).
The SPLC is at it again. Time and time again, the left has shown its muscle that they are not afraid to use terror tactics to force big Credit Card companies to shut down people and organizations with which they disagree. Today, they banned America’s freedom fighter Robert Spencer at the PJ Media, outlet.
The SPLC has become America’s number one group of hypocrites and fake news. Their so-called concern for hate groups has turned them into one of the most powerful and conspicuous hate-groups in America since they have set themselves up as arbiters of the public conscience with zero bona fides to suggest such an ascension for the cesspool of the leftist ideology that they are.
The First Amendment of the US Constitution, specifically states freedom of speech is an inalienable right and runs as deep into our free society as any idea can. Thomas Jefferson wrote that it flowed directly from his idea of a Creator, which we understand today as less than free speech is heaven-sent so much as that it is something that exists above government.
“According to WorldNetDaily (WND) this is getting very serious. It won’t stop with David Horowitz or me. The Left is moving quickly to silence all dissenting voices in the run-up to the 2018 elections,” said Robert Spencer, whose influential Jihad Watch site is hosted by Horowitz’s organization. Spencer, also a target of SPLC, recently was banned from the web-based funding site Patreon, which claimed Mastercard demanded the move. Both Mastercard and Visa declined Thursday to respond to multiple WND messages requesting comment.”
“Spencer believes Mastercard is targeting “accounts that have been smeared by the hard-Left propaganda hate group the Southern Poverty Law Center.”
Friends, it is a terrifying world these people want for us, that is exactly why they must be fought at every opportunity. Today is Robert Spencer, Tomorrow is you or me.
For now, I will terminate both my Discover and MasterCard as a sign of protest.
Frank Anderson says
Amil and all others who support Robert Spencer and Jihad Watch, WAIT to take any action. I cannot explain here or now. But if you will just wait a while you may be able to help much more than you understand at the moment. Keep your accounts. PLEASE.
Please consult a currently licensed attorney practicing in your jurisdiction for any legal advice.
gravenimage says
Good post, Amil.
jappy says
all that avoidance of naming the Jew means nothing
gravenimage says
What is “jappy” babbling about here? More antisemitic claptrap, it seems.
Lydia Church says
This is how the road to the Holocaust is paved.
Was paved… and is paved.
Folks, I have said it already.
It is coming.
Get ready.
Don’t get surprised.
Get prepared.
Censorship is well underway and despite some pretty words to the contrary with the appearance of ‘good intentions,’ it’s coming.
Just like gun control, eradicating borders, sharia law, pushing migration and the ideology of ‘inclusion’ under this antichrist pope….. it’s all being assembled as we speak. If you stand back you can see the puzzle pieces forming the big picture. It is fulfillment of Bible prophecy so it will happen. But whatever you believe, no matter how optimistic you may be about things changing back to the lovely days of “Mayberry,” you must admit that we are almost at “Orwell Land.”
The more you know… the better, ignorance is bliss but only temporarily, knowledge is power. The day is coming when we won’t even be able to communicate on here. It’s not a dress rehearsal of a scene in a suspense novel, this is the real thing folks.
It’s coming.
Amil Imani says
Friends, it is a terrifying world these people want for us, that is exactly why they must be fought at every opportunity. Today is Robert Spencer, Tomorrow is you or me.
Frank Anderson says
That is why poorly considered knee-jerk reactions can prevent effective responses. Please do not close your accounts. Don’t use them if you don’t want to. But Please don’t close them.
Amil Imani says
Got it!!
Frank Anderson says
Please understand that I am not making an improper solicitation of employment. I am offering a possible way to do some real good for all you wish to protect, totally free of any charge to me.
There was a question on my first bar exam in the ethics section calling for me and others taking the test to distinguish between unlawful solicitation (‘ambulance chasing”) and lawful offers of support to causes the lawyer wishes to help. I passed. I don’t recall a similar question on my second exam in another state; but I passed there too.
Westman says
“We’re not trying to change anybody’s mind. We’re trying to wreck the groups. We’re trying to destroy them. Not to send them to prison unfairly or to take their free speech rights away, but as a political matter to destroy them.” – SPLC
It’s good propaganda for the SPLC to tell a big lie, calling this a “political matter” when the real goal is to destroy those they label, economically. Then they get away with destroying lives. But it does point to a delusional stupidity shared by most left activist groups who believe that their intolerance leads to anything other than increased opposition. They offer vinegar and wonder why, when the real flavor is discovered to be caustic, they are rejected.
Europe is turning around on Islam; Germans and Swedes are waking up and when the reality for Europe is on full display to Americans, the SPLC will be powerless to resist the US turnaround. It’s just a matter of time before even the SPLC realizes it has been demaning tolerance for the most politically and religiously intolerant group on the planet whose religion demands hate for the unbeliever.
gravenimage says
Robert Spencer in PJ Media: MasterCard and Discover Banned Me. Are You Next?
…………………
Yes–we are all in danger now.
del says
Would it be worthwhile for individual stockholders of these public corporations to offer resolutions at their annual meetings to oppose this political activity, engaged in by the employees of these corporations?
Frank Anderson says
Del, I have made several detailed comments here. My suggestion for right now is to give Spencer time to talk with the attorneys who will represent him and let them (attorneys and client) work out a plan. To win over the coordinated plan to crush Spencer, Horowitz and all their work, will require a coordinated plan and action.
To ME, WWII has so many lessons I think are helpful to illustrate things to do and not do. Hitler planned to hit the Soviet Union in the first warm weather of 1941. Ignore for the moment the critique of goals and focus on the decision. Instead, because Mussolini went on an adventure in Albania, Yugoslavia and Greece, pretty well getting stomped, the plan to invade the Soviet Union lost 6 weeks of crucial warm weather and a substantial portion of resources. That delay plus the failure to follow the plan because of really bad decisions caused the total failure of the invasion, the collapse of Nazi Germany and the conquest of the Soviet Union into Eastern Europe. What would be the analogous result if we do not win?If various people take various means to attack, the resources they could contribute to join a combined attack are scattered and lost. If you want to win it will take all who wish to win to join in a focused and determined effort for victory.
I am retired and limited both in body and resources. I am doing what I can to help and also hope that I am not meddling or interfering with the response I hope will take place and be entirely successful. If we act like a herd of cats instead of a coordinated military formation, we will not win. That is my opinion to which anyone is free to disagree. We are facing among others a ruthless law firm that has been plundering through the legal system for more or less 60 years. They know how to fight and win. We need to teach them how to lose.
Please consult a currently licensed attorney practicing in your jurisdiction for any legal advice.
Karen Burnett says
Concerning the issue with Master Card and Discover not processing payment to Jihad Watch – I have been in phone contact with them about this. I was asking that my account be closed as a consequence. They have looked into it and keep insisting they would never deny payment to a merchant – or an organization. They insist they are not getting any notice of any attempt to process a payment. They say it can only be that Jihad watch is refusing to accept Discover. I have been told this in three separate phone calls now. They say if there is a problem with processing payment Jihad watch needs to contact Merchant Services. It was mildly inferred that there is some deception taking place. I pointed out Jihad Watch would have zero motivation for any such deception. But I did say I would mention their denials and ask if there was some misunderstanding. Have you reached out to Discover? Have they responded? Can you share the response? Could this be a software glitch? Could the problem be with the company that process the payments, and not Jihad Watch, or Discover? Any enlightening info you can provide would be appreciated.
Frank Anderson says
Ms. Burnett, I do not represent JW or any of its related people. I read and post comments here, but have and claim no authority for anyone other than myself.
What you have done with your telephone calls and account cancellation followed by you extended post here is to make yourself a great witness to complicate or defeat any claim on behalf of JW. If JW decides to proceed with legal action your testimony could be helpful to the defendants in raising doubt and confusion. If they cannot subpoena you to a hearing because of your location they certainly can obtain an order to conduct your deposition pretty well anywhere in the United States, and possibly worldwide, all at great expense for any JW participation.
This is as good an example as I can imagine, if you are not an attorney or authorized representative of JW, of the uncoordinated herd of cats taking ill-conceived measures to address a problem belonging to someone else, the essence of meddling. Spencer when he wrote the article had enough evidence in his hands, whether it is notices, correspondence or denied transfers, to make his statements. You have telephone calls which disclose your personal identity, account number and location which were certainly recorded by Mastercard Customer Service and will be gladly retained for any use in future litigation. They are most grateful for your post because taken together they will make any effort on behalf of JW harder..
Are you interested in defending JW or are you interested in protecting SPLC and its co-conspirators?
Please consult a currently licensed attorney practicing in your jurisdiction for any legal advice.
Joan White says
Attn: Robert Spencer and Colleagues,
I intend, on Monday, our USA next-business-day, to phone MasterCard, of which I happen to be a shareholder by the way, and inform them that I am most displeased about their not wanting to process payments to you. ((Horrors!!)) Because the SPLC says they don’t like you?? Give me a break!!
Sincerely, JOAN IN HOUSTON