Proposal Before the Congress To Restore Freedom of Speech

Such that we may have an honest and civil discussion of our futures, and come to mutually agreeable terms:
The parties in a two-party system no longer represent differences in priorities, but differences in irreversible, unrestitutable, genetic, moral, legal, economic, political consequences for the past, present, and future for of ourselves and our posterity;
And Whereas;
Under these conditions, there is no more difference in political identity, affiliation, or preference than there is in sex, race, or religion;
Therefore We Demand:
1. Restoration of our Common Law rights, obligations, insurances(defenses), and inalienabilities, under the ancient natural right of self-determination by self-determined means, created by the mutual grant of individual sovereignty in demonstrated interests, as a consequence limiting us to reciprocity in display, word, and deed, and in duty of insurance, performance and care; and limiting us to competitive voluntary markets in association, cooperation, reproduction, production, production of commons, and polities, and limiting us to adversarial markets in commerce, duel, and court; thereby prohibiting adversarial competition by murder; violence, theft, defamation, interference in commerce, organization, marriage, and family, and by conspiracy, and feud;
 By The Following Acts:
1. All Political Preference, affiliation, and self-identification shall be Protected Class.
2. All Political Speech shall be Protected Speech.
3. The Restoration of Common Law Defamation for any falsehood whether intended or implied regardless of harm.
4. The Restoration of Common Law requirement for testimonial (witnessed) speech in public to the public in matters public.
5. The Restoration of Common Law Criminalization Interference in commerce, records, marriage or personal life.
6. Whereas  functional monopoly due to network effects, capital investment, market dominance, the new technology spectrum as necessary infrastructure, along with power, communications, data, water, power, and transportation: Twitter (news), Facebook (diary, messaging, communication, collaboration, community building, marketing, and advertising,) Youtube (video and audio publication and distribution); Wikipedia (Encyclopedia Knowledge base), Google (indexing and search), Amazon (data provisioning; advertising, marketing, sale, distribution, and trade), Ebay (advertising, marketing, sale, distribution, and trade)  Swift, Swipe, Paypal,  Patreon, (online payment processing and funds transfer), American Express/Visa/Mastercard(financial transaction processing) open to federal regulation as necessary communication and commercial infrastructure, for all members of the public, and to assign regulatory responsibility to the Federal Communication Commission, and other Departments as those departments deem necessary.

7. Whereas the malincentives of the advertising businesses conflict with the public interest: The organizations shall separate the advertising and revenue-generating businesses from the platform businesses of Twitter, Facebook, Google, and Youtube, and prohibit advertising interests from interfering with necessary communication, discovery, trade, and settlement of payments, and add regulatory members to the boards of the platform businesses. (Note that none of these companies uses difficult technology, but the network effect of their monopolies is can’t be overcome by the market. Therefore the government can, through IBM or other entity, create an independent semi-private non-profit company and a single national platform providing all of these services free of advertising and cost, just as with any other communications, power, water, gas, or road, infrastructure. And that doing so would be in the strategic national interest, especially if combined with an education platform (see  Canvas) at all levels including the college and university, which would drastically cut costs and allow the very best teachers and professors access to the entire country at almost no cost..)

8. Whereas every communication and collaboration platform is capable of using extant user profile data, extant statistical user profile data, and additional voluntary user profile data, to insulate individuals and voluntary relations between individuals, from involuntary relations between individuals with different profile properties (“positive and negative interests”). Every platform is capable of presenting users with advertising, and user-generated content according to these profile data, and the user’s positive and negative interests. Every platform is capable of maintaining voluntary self-publishing to a profile, voluntarily communication between voluntarily associated members. And as such the only justification for not implementing these features is to intentionally control the content of public discourse, for nefarious purposes, whether by the platform organization, their advertisers, or other entities with equal nefarious incentives. Therefore voluntarily established communication may not be interfered with in any way by the platform. The platform has only the right and obligation to remove content consisting of (a) explicit pornography, (b) any hint or semblance of or inference of child pornography or pedophilia. (c) suicides (d) gruesome violence, (e) unambiguously sincere threats of, or evidence of, immediate and specific violent crime, and these may be hidden by the ordinary vote of users – who do not abuse, by false reporting, the vote.

9. The Restoration of the Common Law demand for Originalism and Textualism in the reading of the law in all Jurisprudence in all courts.
10. The Restoration of the Common Law Prohibition of Legislation from the Bench in all courts, that has deprived the Legislatures and the People of opportunity, right, and responsibility for self-determination by self-determined means, and thereby creating incentives necessary for the failure of democratic processes.

10. The Restoration of the Common Law right of voluntary disassociation outside of commerce; and restoration of that commerce and commerce alone is the limit of the government’s regulatory power under the Commerce Clause.
Where These Demands Shall:
1. Make the tactics of public trial by Gossip using Undermining, Critique, Defamation, and Reputation Destruction much harder.
2. Make organizations as liable for political discrimination as religious, race, or sexual discrimination.
3. Make “doxxing” – interference in business, employment, organizations, social life, personal life, illegal
4. Make Discrimination by Deplatforming illegal and Discrimination in Platforming illegal.
5. Disempower commercial entities with global interests from interference in continental, national, state, and local interests.
5. Restore some degree of honesty to political discourse
6. Force us to come to democratic agreement on our divergent futures.
7. Assist us in the most likely outcome of a federal devolution of powers and a restoration of the powers of the states to regulate crimes, norms, values, traditions, and behaviors within the state, and restrain the federal government to matters of Defense, Trade, Resolution of Differences over material externalizes imposing costs between the states. (Leaving open the question of full faith and credit in the reciprocal enforcement of laws, which remains questionable under malincentives for baiting-into-hazard)
(End Of Document)

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