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For good reason, much attention was devoted to the Supreme Court’s oral arguments on Monday, over government pressure on social media companies to suppress speech that officialdom doesn’t like. The same day, though, justices heard arguments in another important case involving free speech principles violated when New York officials leaned on financial institutions to deny services to the National Rifle Association. Importantly, both cases involved “jawboning,” the use by government of threats to improperly coerce compliance.

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Δ When Communication Becomes Coercion

As Reason’s Jacob Sullum ably summarizes, arguments in Murthy v. Missouri involve “dueling interpretations of the Biden administration’s interactions with social media platforms regarding content it viewed as dangerous to public health, democracy, or national security,” with plaintiffs arguing that “those private contacts, combined with public statements condemning the platforms’ failure to suppress ‘misinformation,’ amounted to government-directed censorship.”

At stake is the point at which efforts to persuade private companies they ought not offer platforms to certain speakers morph into “nice business you got there; it’d be a shame if something happened to it.” Did officials cross the line when they badgered tech firms to muzzle voices skeptical of lockdowns, COVID vaccinations, and election integrity? If you’ve followed the Twitter and Facebook Files, you know there’s significant evidence they did, though it remains to be seen if Supreme Court justices agree.

Remarkably, the evidence of improper strong-arming appears even clearer in National Rifle Association of America v. Vullo. In that case, the NRA, joined by the ACLU, alleges that Maria Vullo, former Superintendent of the New York State Department of Financial Services, abused the power of her position to punish the gun rights organization for its political positions.

“Vullo met with executives at Lloyd’s of London to discuss her views on gun control and to tell them she believed the company’s underwriting of NRA-endorsed insurance policies raised regulatory issues,” according to Abby Smith of the Foundation for Individual Rights and Expression (FIRE). “She told them Lloyd’s could ‘avoid liability’but only if the company told its syndicates to stop underwriting their insurance policies, and joined her agency’s ‘campaign against gun groups.'”

There was nothing subtle about the arm-twisting. In 2018 I wrote about guidance letters New York regulators sent to banks and insurance companies, at the behest of then-Gov. Andrew Cuomo, cautioning “regulated institutions to review any relationships they have with the NRA or similar gun promotion organizations, and to take prompt actions to managing these risks and promote public health and safety.” Given that insurance companies and banks are tightly regulated and operate largely at the pleasure of state officials, this would logically be interpreted as a threat. Subsequently, banks and insurance companies alike cut ties with the NRA.

“New York, if these facts are true, tried to circumvent the First Amendment’s ban on censorship by relying on this informal pressure campaign,” noted FIRE’s Smith. “But informal censorship violates the First Amendment, too.” Extra-Legal Threats Violate Individual Rights Protections, Say the Courts

Such informal censorship is known as “jawboning” since, as the Cato Institute’s Will Duffield wrote in 2022, it involves “bullying, threatening, and cajoling” in the place of formal legal action.

“Jawboning occurs when a government official threatens to use his or her powerbe it the power to prosecute, regulate, or legislateto compel someone to take actions that the state official cannot,” observed Duffield. “Jawboning is dangerous because it allows government officials to assume powers not granted to them by law.”

Despite formal protections for individual liberties, such as the First Amendment, the vast regulatory power wielded by government agencies in the United States is easily weaponized against people who don’t do the government’s bidding. Such abuses aren’t hypothetical but are a matter of public record already addressed by the courts.

“People do not lightly disregard public officers’ thinly veiled threats to institute criminal proceedings against them if they do not come around,” the U.S. Supreme Court recognized in Bantam Books v. Sullivan (1963). That case involved Rhode Island officials hassling booksellers to refrain from stocking allegedly obscene publications. The implied threats and constant nagging of booksellers by state officials “was in fact a scheme of state censorship effectuated by extra-legal sanctions,” ruled the court.

Does “a scheme of state censorship effectuated by extra-legal sanctions” better describe the situation in the Murthy case or in the NRA case? Well, Monday was a twofer day, so why not both? A Strong Case Against New York’s Jawboning

In truth, New York regulators’ threats to insurance companies and banks that do business with the NRA and other gun groups were so overt that even commenters hostile to the NRA and self-defense rights concede that state officials went way over the line.

“Every now and then, the Supreme Court takes up a case involving a public official who acted so foolishly…that you wish the justices could each take turns smacking them upside the head,” Vox’s Ian Millhiser, no fan of the NRA, conceded last November. “National Rifle Association v. Vullo, which the Court announced that it would hear last Friday, is such a case.”

And so far, while it’s uncertain which way the justices will jump in Murthy, the court seems inclined to agree that it’s impermissible for government officials to use regulatory threats to coerce financial firms into cutting ties with disfavored political organizations.

“The Supreme Court on Monday appeared sympathetic to the National Rifle Association’s claim that a New York official violated the group’s right to freedom of speech when she urged banks and insurance companies that worked with the NRA to cut ties with the group,” SCOTUSblog’s Amy Howe concluded. ACLU Legal Director David Cole “closed by telling the justices that ‘the notion that this is business as usual, for a government official to speak with a private party and say we’ll go easy on you if you aid my campaign to weaken the NRA. That is not business as usual. That is not ordinary plea negotiation.’ Although it was not entirely clear, a majority of the justices seemed to agree with him.”

With government reaching ever further into American life, it’s time the court reminds officials, once again, that their intrusive powers aren’t supposed to be used to bypass protections for individual rights.

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Young people may lose benefits if they don’t engage with help from new £820m scheme, government warns

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Young people may lose benefits if they don't engage with help from new £820m scheme, government warns

Young people could lose their right to universal credit if they refuse to engage with help from a new scheme without good reason, the government has warned.

Almost one million will gain from plans to get them off benefits and into the workforce, according to officials.

Latest updates from the Politics Hub

Pic: iStock
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Pic: iStock

It comes as the number of young people not in employment, education or training (NEET) has risen by more than a quarter since the COVID pandemic, with around 940,000 16 to 24-year-olds considered as NEET as of September this year, said the Office for National Statistics.

That is an increase of 195,000 in the last two years, mainly driven by increasing sickness and disability rates.

The £820m package includes funding to create 350,000 new workplace opportunities, including training and work experience, which will be offered in industries including construction, hospitality and healthcare.

Around 900,000 people on universal credit will be given a “dedicated work support session”.

That will be followed by four weeks of “intensive support” to help them find work in one of up to six “pathways”, which are: work, work experience, apprenticeships, wider training, learning, or a workplace training programme with a guaranteed interview at the end.

However, Work and Pensions Secretary Pat McFadden has warned that young people could lose some of their benefits if they refuse to engage with the scheme without good reason.

“Doing nothing should not be an option,” he told Sky News’ Sunday Morning with Trevor Phillips.

“If someone just took that attitude, yes, they would then be subject to, you know, the obligations that are already part of the system.”

“What I want to see is young people in the habit of getting up in the morning, doing the right thing, going to work,” he added.

“That experience of that obligation, but also the sense of pride and purpose that comes with having a job.”

Some young people on benefits will be offered job opportunities in construction. Pic: iStock
Image:
Some young people on benefits will be offered job opportunities in construction. Pic: iStock

Read more from Sky News:
Child poverty strategy unveiled – but not everyone’s happy

Universal credit claimants soar by over million in a year

The government says these pathways will be delivered in coordination with employers, while government-backed guaranteed jobs will be provided for up to 55,000 young people from spring 2026, but only in those areas with the highest need.

However, shadow work and pensions secretary Helen Whately, from the Conservatives, said the scheme is “an admission the government has no plan for growth, no plan to create real jobs, and no way of measuring whether any of this money delivers results”.

She told Sky News the proposals are a “classic Labour approach” for tackling youth unemployment.

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Youth jobs plan ‘the wrong answer’

“What we’ve seen today announced by the government is funding the best part of £1bn on work placements, and government-created jobs for young people. That sounds all very well,” she told Sunday Morning with Trevor Phillips.

“But the fact is, and that’s the absurdity of it is, just two weeks ago, we had a budget from the chancellor, which is expected to destroy 200,000 jobs.

“So the problem we have here is a government whose policies are destroying jobs, destroying opportunities for young people, now saying they’re going to spend taxpayers’ money on creating work placements. It’s just simply the wrong answer.”

Ms Whately also said the government needs to tackle people who are unmotivated to work at all, and agreed with Mr McFadden on taking away the right to universal credit if they refuse opportunities to work.

But she said the “main reason” young people are out of work is because “they’re moving on to sickness benefits”.

Ms Whately also pointed to the government’s diminished attempt to slash benefits earlier in the year, where planned welfare cuts were significantly scaled down after opposition from their own MPs.

The funding will also expand youth hubs to help provide advice on writing CVs or seeking training, and also provide housing and mental health support.

Some £34m from the funding will be used to launch a new “Risk of NEET indicator tool”, aimed at identifying those young people who need support before they leave education and become unemployed.

Monitoring of attendance in further education will be bolstered, and automatic enrolment in further education will also be piloted for young people without a place.

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Tesla Optimus robot takes a suspicious tumble in new demo

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Tesla Optimus robot takes a suspicious tumble in new demo

A new video surfacing from a Tesla demonstration in Miami this weekend shows the Optimus humanoid robot taking a nasty fall. But it’s not the fall itself that is raising eyebrows, it’s the specific hand movements the robot made on its way down, which strongly suggest it was mimicking a remote operator frantically removing a VR headset.

Humanoid robots are all the hype right now. Billions in investments are pouring in, and Elon Musk claims it will be a trillion-dollar product for Tesla, justifying its insane valuation.

The idea has been that with the advent of AI, robots in human form could use the new generalized artificial intelligence to replace humans in an increasingly larger number of tasks.

However, there are still many serious concerns about the effort, both at the ethical and technological levels.

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Technologically, most humanoid robot demonstrations have relied on remote control by human operators – pointing to a remaining gap between the software and hardware.

We discussed how the robots at the “We, Robot” event were heavily teleoperated, despite Tesla not explicitly disclosing that fact to the public.

That was more than a year ago, and despite claims that Tesla has made “AI demos” of Optimus since, it appears the company still relies on teleoperation to control them during demonstrations.

The Tesla Optimus Miami Incident

This weekend, Tesla held an event called ‘Autonomy Visualized’ at its store in Miami. The goal was to showcase Tesla’s “Autopilot technology and Optimus.”

However, there was nothing “autonomous” at Tesla’s “autonomy” event.

Many Tesla fans were seen posting videos of a Tesla Optimus robot handing out bottles of water at the event. It was also seen posing for pictures and dancing.

On Reddit, someone posted a different video of the demonstration:

As you can see, Tesla Optimus moved its hands too quickly, causing some water bottles to drop to the ground. It then loses its balance and begins to fall backward.

But the most interesting part is that just before falling backward, both of its hands immediately shoot up to its “face” in a distinct grasping motion, as if pulling an object off its head.

The robot, of course, is not wearing anything on its head.

The motion is instantly recognizable to anyone who has used VR or watched teleoperation setups. It appears the human operator, likely located backstage or in a remote facility, removed their headset in the middle of operating the robot for unknown reasons.

Optimus faithfully replicated the motion of removing a non-existent headset as it crashed to the floor.

Here’s a look at how Tesla trained Pptimus with VR headsets in its lab:

Electrek’s Take

This is embarrassing, but not just because the robot fell. Robots fall; that’s part of the R&D process. Boston Dynamics blooper reels are legendary, and they never really eroded the company’s credibility.

The problem here is the “Wizard of Oz” moment.

The specific motion of removing the “phantom headset” destroys the illusion of autonomy Tesla tries so hard to curate.

Even recently, Musk fought back against the notion that Tesla relies on teleoperation for its Optimus demonstration. He specified that a new demo of Optimus doing kung-fu was “AI, not tele-operated”:

Musk said again during Tesla’s last earnings call in October:

“Optimus was at the Tron premiere doing kung fu, just up in the open, with Jared Leto. Nobody was controlling it. It was just doing kung fu with Jared Leto at the Tron Premier. You can see the videos online. The funny thing is, a lot of people walked past it thinking it was just a person.”

Musk keeps telling shareholders that Optimus will be the biggest product in history and that millions of units will be working in factories soon. But if they are still relying on 1:1 teleoperation to hand out water bottles right now, it feels like we are still far away from a useful generalized Optimus robot.

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As Hall of Fame welcomes Kent, it prepares to slam door on Bonds and Clemens forever

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As Hall of Fame welcomes Kent, it prepares to slam door on Bonds and Clemens forever

ORLANDO, Fla. — There were a number of ironies surrounding the results of the contemporary baseball era committee’s Hall of Fame ballot, announced Sunday night at MLB’s winter meetings.

Perhaps the most poignant is this: If not for Barry Bonds, Jeff Kent — the only one of the eight players under consideration selected Sunday — might not be bound for Cooperstown. While Kent is the all-time home run hitter among second basemen, he was on the same ballot as Bonds — who hit more homers than anyone, at any position.

During a post-announcement news conference, Kent recalled the way he and Bonds used to push, prod and sometimes annoy each other during their six seasons as teammates on the San Francisco Giants. Those were Kent’s best seasons, a fairly late-career peak that ran from 1997 to 2002, during which Kent posted 31.6 of his 55.4 career bWAR.

The crescendo was 2000, when Kent enjoyed his career season at age 32, hitting .334 with a 1.021 OPS, hammering 33 homers with 125 RBIs and compiling a career-best 7.2 bWAR. Hitting fourth behind Bonds and his .440 OBP, Kent hit .382 with runners on base and .449 with a runner on first base.

During Kent’s six years in San Francisco, he was one of five players in baseball to go to the plate with at least one runner on base at least 2,000 times, and the other four all played at least 48 more games than he did. Turns out, hitting behind Bonds is a pretty good career move.

To be clear, Kent was an outstanding player and the numbers he compiled were his, and his alone. When you see how the news of election impacts players, it’s a special thing. I am happy Jeff Kent is now a Hall of Famer.

But I am less happy with the Hall of Fame itself. While Kent’s overwhelming support — he was named on 14 of the 16 ballots, two more than the minimum needed for induction — caught me more than a little off guard, what didn’t surprise me was the overall voting results. In what amounted to fine print, there was this mention in the Hall’s official news release: “Barry Bonds, Roger Clemens, Gary Sheffield and Fernando Valenzuela each received less than five votes.”

By the new guidelines the Hall enacted for its ever-evolving era committee process — guidelines that went into effect with this ballot — Bonds, Clemens, Sheffield and Valenzuela aren’t eligible in 2028, the next time the contemporary era is considered. They can be nominated in 2031, and if they are, that’s probably it. If they don’t get onto at least five ballots then, they are done. And there is no reason to believe they will get more support the next time.

I thought that the makeup of this committee was stacked against the PED-associated players, but that’s a subjective assessment. And who knows what goes on in those deliberations. With so many players from the 1970s and 1980s in the group, it seemed to bode well for Don Mattingly and Dale Murphy. But they were both listed on just six ballots. Carlos Delgado had the second most support, at nine.

Why? Beats me. I’ve given up trying to interpret the veterans committee/era committee processes that have existed over the years. But the latest guidelines seem perfectly designed to ensure that for the next six years, there’s no reason to wail about Bonds and Clemens being excluded. Then in 2031, that’s it.

Meanwhile, the classic era will be up for consideration again in 2027, when Pete Rose can and likely will be nominated. Perhaps Shoeless Joe Jackson as well. What happens then is anybody’s guess, but by the second week of December 2031, we could be looking at a Hall of Fame roster that includes the long ineligible (but no more) Rose and maybe Jackson but permanently excludes the never-ineligible Bonds and Clemens — perhaps the best hitter and pitcher, respectively, who ever played.

If and when it happens, another kind of symbolic banishment will take place: The Hall will have consigned itself, with these revised guidelines, to always being less than it should be. And the considerable shadows of Bonds and Clemens will continue to loom, larger and larger over time, just as they happened with Rose and Jackson.

Ironic, isn’t it?

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