Posts Tagged ‘First Amendment’
Friday, June 9th, 2023
Welcome to the Friday LinkSwarm! This week: Too much Facebook/Instagram/pedophile news, and not enough songs about buildings and food.
Funny how the indictment against Trump dropped just as evidence surfaced that Biden had taken $5 million in bribes from Bursima. (Hat tip: Stephen Green at Instapundit.)
Thanks to “green energy,” there’s a good chance that more energy blackouts are coming this summer.
Summer’s coming. That means sunshine, swimming, cookouts — and blackouts.
That’s the warning from the North American Electric Reliability Corporation.
According to NERC, at least two-thirds of the country is at risk for major power outages this summer.
This extends to most everyone west of the Mississippi except for Texas.
Texas and much of the Midwest will be fine, the report says, so long as we don’t experience hot, windless summer days.
Well, that’s a relief. When do we ever get hot, windless summer days in Texas and the Midwest?
Part of the problem is the steady removal of fossil-fuel plants from the grid.
These plants are supposed to be replaced by renewables — wind and solar — but wind doesn’t work on windless days, and solar doesn’t keep your air conditioning running on steamy nights.
The Wall Street Journal reports the Environmental Protection Agency has made things worse with new nitrogen-oxides rules from its recently finalized “Good Neighbor Plan, which requires fossil-fuel power plants in 22 states to reduce NOx emissions. NERC predicts power plants will comply by limiting hours of operation but warns they may need regulatory waivers in the event of a power crunch.”
Institute for the Study of War: “Ukrainian forces conducted a limited but still significant attack in western Zaporizhia Oblast on the night of June 7 to 8. Russian forces apparently defended against this attack in a doctrinally sound manner and had reportedly regained their initial positions as of June 8.” Other sources are reporting modest Ukrainian gains.
Instagram is evidently home of a giant pedophile network.
A comprehensive investigation by the Wall Street Journal and the Stanford Internet Observatory reveals that Meta-owned Instagram has been home to an organized and massive network of pedophiles.
But what separates this case from most is that Instagram’s own algorithms were promoting pedophile content to other pedophiles, while the pedos themselves used coded emojis, such as a picture of a map, or a slice of cheese pizza.
Instagram connects pedophiles and guides them to content sellers via recommendation systems that excel at linking those who share niche interests, the Journal and the academic researchers found.
The pedophilic accounts on Instagram mix brazenness with superficial efforts to veil their activity, researchers found. Certain emojis function as a kind of code, such as an image of a map—shorthand for “minor-attracted person”—or one of “cheese pizza,” which shares its initials with “child pornography,” according to Levine of UMass. Many declare themselves “lovers of the little things in life.” -WSJ
According to the researchers, Instagram allowed pedophiles to search for content with explicit hashtags such as #pedowhore and #preteensex, which were then used to connect them to accounts that advertise child-sex material for sale from users going under names such as “little slut for you.”
Sellers of child porn often convey the child’s purported age, saying they are “on chapter 14,” or “age 31,” with an emoji of a reverse arrow.
Instagram can’t block pedophiles, but it can block the account of Democratic Presidential Candidate Robert F. Kennedy, Jr. Remember: Opposing the corrupt Biden Cabal is a worse crime than pedophilia for vast swathes of our media elites… (Hat tip: Instapundit.)
Speaking of Meta, they’re threatening to “pull news feeds on its platforms for California residents if the state legislature passes the Journalism Preservation Act.” That act “requires big tech companies to pay news outlets a journalism usage fee.” For once the pedo-coddlers are right: No one should be forced to subsidize failing social justice-infected newsrooms.
Speaking of pedophiles: “Itasca ISD Superintendent Michael Stevens arrested, charged with online solicitation of a minor.” Maybe parents wouldn’t worry so much about educators trying to screw their children if educators didn’t keep trying to screw their children.
This week in Democrats passing unconstitutional laws that strip citizens of rights: “llinois’s Gov. J. B. “Jumbo Burger” Pritzker signed himself a whale of a state law yesterday that went into effect IMMEDIATELY. And, immediately, restricted Illinois citizens from pursuing constitutional claims against their state government unless they filed the lawsuits in one of two, Democratic approved, state sanctioned, Democratic counties – Cook or Sangamon.” That’s a prima facie violation of the First Amendment “right of the people…to petition the Government for a redress of grievances.”
Free New York City crack pipe vending machine cleaned out overnight. “Free crack pipe vending machine” sounds like the punchline to a Norm MacDonald joke from the 1990s, but it’s now evidently the policy of New York Democrats.
North Dakota’s Republican Governor is running for President. Burgum is evidently a billionaire after being an early investor in Great Plains Software, which was sold to Microsoft in 2001. The fact he’s close to Bill Gates doesn’t give me a lot of warm fuzzies, and Tom Steyer and Michael Bloomberg proved that rich-but-unknown outsiders shoveling money into a Presidential campaign costs you a lot of jack and earn you boatloads of squat. He’s a pretty decent public speaker, but in a blow-dried 80’s executive sense, and he sort of looks like if Richard Belzer had played the Michael Douglas role in Falling Down.
By contrast, Chris Sununu realized he had no business running for President. Good.
American Airlines has to ground more than 150 regional jets due to a pilot shortage.
I know nothing more than this. Evidently local media have ignored it as well:
Pitch Meeting for 2023 The Little Mermaid. “Life being better down where it’s wetter is tight!”
U.S. women’s soccer team loses 12-0 to fourth tier Welsh soccer club.
When life imitates Mythbusters.
“Due To High Crime, Mafia Closes Its Chicago Office.” “How are we supposed to conduct respectable business — loan sharking, bribery, racketeering, illegal gambling — with so much crime going on? It’s insane!”
Tags:2024 Presidential Race, American Airlines, Austin, Bill Gates, Bursima, California, Chris Sununu, Crime, Democrats, Disney, Donald Trump, Energy Policy, environmentalism, Facebook, First Amendment, Illinois, Instagram, Itasca ISD, J.B. Pritzker, LinkSwarm, Mafia, Media, Microsoft, New York City, North Dakota, pedophilia, Pitch Meeting, Regulation, Robert F. Kennedy Jr., Russia, Russo-Ukrainian War, Ryan George, sex offender, soccer, Social Justice Warriors, Texas, Ukraine
Posted in Austin, Budget, Communism, Crime, Democrats, Media Watch, Regulation, Social Justice Warriors, Texas | 4 Comments »
Friday, July 23rd, 2021
Greetings, and welcome to another Friday LinkSwarm! Mostly new links this time around, but some settling of contents may occur…
“Republicans Are Making It Easier to Vote and Harder to Cheat.”
The Republican National Committee (RNC) is invested in a comprehensive nationwide effort to make it easier to vote and harder to cheat. We’re fighting for election integrity because it’s absolutely vital to protect the sanctity of your ballot from Democrat schemes to undermine voting security. We are involved in 19 election integrity lawsuits nationwide, and we’re winning the fight.
Our investment is partially driven by polling that consistently shows the American people supporting our common-sense approach to securing elections. A recent poll commissioned by the RNC found that 78 percent of Americans support a proposed voting plan with five key principles: presenting voter ID, verifying voters’ signatures, controlling the ballot’s chain of custody, bipartisan poll observation, and cleaning up voter rolls. The poll also found that 80 percent of voters support voter ID requirements; this sentiment matches up with other polling, including a recent one from NPR which found 79 percent of voters in favor of voter ID. The measures we are pushing are not controversial or dramatic. They are common-sense and they are supported by American citizens.
Of course, that hasn’t stopped Democrats from trying to generate false outrage and controversy at every level of this conversation. The Democrat election playbook is simple: lie and seek attention until the mainstream media eagerly takes the baton and turns Democrat lies into a false national narrative. You saw this in Georgia, where Joe Biden and Stacey Abrams’ lies about the state’s election reforms pressured the MLB into moving its All-Star Game out of Atlanta. These lies cost the good people of Georgia an estimated $100 million. You’re seeing it now in Texas, where local Democrats have stormed out of legislative debates on election integrity not once, but twice. Their latest stunt saw them leave the floor of the Texas legislature and hop on private planes to fly to DC in a juvenile quest for media attention.
Unsurprisingly, the mainstream media lapped it up. This is their playbook. When it comes to election integrity, Americans need to pay attention to the relationship between Democrat lies and the mainstream media machine.
(Hat tip: Texas Lt. Governor Dan Patrick.)
Is the New York City mayor’s race a reality check for Democrats?
Back on June 24, the great Peggy Noonan hailed [Eric] Adams’s primary win as a victory of reality over progressive theory. “Adams was a cop for 22 years, left the New York City Police Department as a captain, and was the first and for a long time the only candidate to campaign on crime and the public’s right to safety. He was the first to admit we were in a crime wave.” Noonan observed, accurately, that African-American voters were not necessarily the most progressive voters in the electorate anymore, and that they represented a de facto force of, if not conservatism, then a realist wariness of the fringes of modern progressive thinking.
The notion of a centrist, tough-on-crime mayor replacing the notorious groundhog murderer and early pandemic denier sounds good, but we’ll see. Every elected official operates within a particular “Overton Window”: the range of policies that a politician can recommend without appearing too extreme to gain or keep public office given the climate of public opinion at that time. Adams did not win this primary by a landslide. While he received the most votes in the first round, he was the top choice of less than a third of the city’s Democrats. He has 51.1 percent out of the final two.
New York City desperately needs a dramatic improvement in its policing and prosecution of criminals, but Adams will have to take on a lot of deeply entrenched opponents and a city media and cultural environment that have evolved to reflexively demonize the NYPD. Way back in 2005, Fred Siegel described the New York City of the David Dinkins years as an era of “hysteria that led upstanding liberals to insist that they were more afraid of the NYPD than they were of criminals.” Whatever you think of Rudy Giuliani now, the young(er) mayor of the early 1990s was willing to be utterly hated as he enacted his reforms, convinced that the broader public would look past the controversy and appreciate the effects of lower crime rates. It remains to be seen whether Adams has that same courage to exchange short-term unpopularity for long-term improvement in the city’s streets — or whether he’ll bump up against the city’s Overton Window of what policy changes are acceptable and settle for a series of half measures.
The irony is that we see the same phenomenon in the opposite direction at the national level in Washington. Many progressives interpreted Biden’s presidential win, the 50–50 Senate, and the slightly shrunken House majority in the 2020 elections as a mandate to enact sweeping changes in the country — and they’re largely hitting brick walls. The national Overton Window isn’t wide enough to accommodate the wildest fantasies of progressives.
I’m not sure the feasibility of Overton Window possibilities matters to the Social Justice left. There’s is a holy revolutionary cause, and they need to seize control of the Party before they can seize control of the nation. To that end, I suspect many think that letting moderate Democrats lose elections is a small price to pay for continuing their unpopular march through America’s institutions…
The Texan brings back The War Room to track 2022 Texas election races.
“Texas House Democrats’ COVID-Spreading Publicity Stunt Is Backfiring.”
Outnumbered by Republicans in Austin 83 to 67, the Texas House Democratic Caucus decided to head to D.C. to publicize its opposition to election integrity bills, fundraise, and drum up support for federal legislation that would nationalize election law by imposing California law as a template on the nation — banning meaningful voter ID, expanding mail balloting while eliminating fraud safeguards, prohibiting proactive voter list maintenance, and mandating same-day voter registration with no checks for eligibility to vote.
But the Democrats’ trip hasn’t turned out as planned.
Soon after meeting with Vice President Kamala Harris and numerous White House staffers and members of the U.S. House and Senate, three Democrats were diagnosed with COVID-19, then another two, and now a total of six. An aide to Speaker Nancy Pelosi and a White House official tested positive soon after meeting with the Texas Democrats.
And the attention Democrats were hoping for soon turned sour, with Texas’s major newspapers, none of whom are friends of Republicans and have had little good to say about their election integrity bills, have nevertheless weighed in against the walkout. By two-to-one, Texas voters disapprove of the quorum-busting as well. Even national Republicans have piled on, with this tweet from Missouri Sen. Josh Hawley’s press secretary being emblematic.
Closer to home, Travis County GOP Chairman Matt Mackowiak said the quorum-breakers had “…engaged in performance theater for weeks claiming Gov. Abbott was putting lives at risk by reopening the state economy and waiving the statewide mask mandate, then they flew to DC on a private jet stocked with Miller Lite without masks, in violation of FAA rules, and now this farce turned into a super spreader event.”
But there are signs the Democratic solidarity is breaking down. With chairmanships, seniority, and even district boundaries on the line in a redistricting year, powerful Democrats are wavering while those seeking to move up sense an opportunity. A week ago, 80 House members were on the floor. As of Tuesday, 90, including several Democrats, were present. It’s a classic “prisoner’s dilemma” situation. If another 10 Democrats show up, the Texas House will have a quorum and can resume consideration of bills, leaving the other 50 holdouts with nothing for their efforts — except for perhaps being redrawn out of their districts by the Legislative Redistricting Board later this year.
When the Democrats do return, they will be asked to vote on bills that would bring mail-in balloting up to the standard for in-person voting by asking for ID in the form of writing a driver’s license number, or state ID number, or the last four of the Social Security number inside of a privacy flap in the ballot return envelope. The bill would also prohibit local elections officials from sending out unsolicited mail-in ballot applications, ban last-minute changes to election procedures, and clarify that properly appointed poll watchers must be able to see and hear election workers’ activities.
Asking for ID for mail-in ballots — one of the measures most vociferously opposed by Democrats — is supported by 81 percent of Texas voters, with voters from all demographic groups and both major parties approving of the safeguards.
With all due respect to Chuck DeVore, until the Texas election integrity bill is passed, their publicity stunt hasn’t backfired yet. There are few prices Democrats won’t pay for the ability to continue cheating.
“Judge Orders Thug-Loving Minneapolis City Council, Mayor to Hire More Cops.”
Barely a year after the Minneapolis City Council voted to to defund the city’s police department after the death of George Floyd, a judge has ordered the city to hire more cops, thanks to a lawsuit filed by fed-up citizens.
“Minneapolis is in a crisis,” wrote the eight plaintiffs in their complaint, citing the rise in violent crimes, including shootings, sexual assault, murders, civil unrest, and riots, Fox News reports.
Progressive city council members couldn’t wait to gut the police department and allow a surge in crime, most of which would affect poor black neighborhoods. The tsunami of crime recently took the life of a popular coach who was shot attending a memorial for another victim of Minneapolis’ violent crime surge. He was the 42nd person murdered this year in Minneapolis. No word from Antifa and BLM if they are planning a mostly peaceful riot in his honor.
The cop-hating Minneapolis City Council and Mayor Jacob Frey were ordered to “immediately take any and all necessary action to ensure that they fund a police force,” according to Thursday’s court order by Judge Jamie L. Anderson. The crime-loving city council and mayor have until June 30, 2022, to establish a police force of 730 sworn officers. They currently have 669 cops. Minneapolis saw nearly 200 cops file paperwork to leave the Minneapolis Police Department in the first three months after the George Floyd riots. No idea how many more will resign or retire by the June 30, 2022, deadline, as the nation has seen a surge in cops walking away from departments nationwide.
Matt Taibbi notes that NPR is unlistenable garbage:
NPR has not run a piece critical of Democrats since Christ was a boy. Moreover, much like the New York Times editorial page (but somehow worse), the public news leader’s monomaniacal focus on “race and sexuality issues” has become an industry in-joke. For at least a year especially, listening to NPR has been like being pinned in wrestling beyond the three-count. Everything is about race or gender, and you can’t make it stop.
Conservatives have always hated NPR, but in the last year I hear more and more politically progressive people, in the media, talking about the station as a kind of mass torture experiment, one that makes the most patient and sensible people want to drive off the road in anguish. A
Numerous examples snipped.
NPR sucks and is unlistenable, so people are going elsewhere. People like [Ben] Shapiro are running their strategy in reverse and making fortunes doing it. One of these professional analysts has to figure this one out eventually, right?
Evidently the primary mover behind the Gretchen Whitmer kidnapping “plot” was the FBI. It’s FBI “informants” all the way down. (Hat tip: Director Blue.)
Want to keep track of violence in Lori Lightfoot’s Chicago? Hey Jackass has the trending data plants policy wonks crave!
Speaking of which: “Many Big-City Democrat Mayors Defunded Police While Spending Heavily on Their Security Details, Watchdog Finds.”
“In 25 major U.S. cities, officials have proposed cutting—or in 20 cases already cut—police budgets. However, what OpenTheBooks.com auditors found was that mayors and city officials still enjoy personal protection of a dedicated police detail costing taxpayers millions of dollars,” Adam Andrzejewski, CEO and founder of Open The Books (OTB), said in a statement announcing the new data.
Snip.
In San Francisco, for example, the costs of the security detail protecting Mayor London Breed and other city officials spiraled up from $1.7 million in 2015 to $2.6 million in 2020.
Breed has proposed shifting $120 million from the city’s police department to mental health and workforce training programs. City officials declined to say how many officers are assigned to the security details, according to OTB.
In Chicago, Mayor Lori Lightfoot claimed to be opposed to defunding the police, but OTB found that officials quietly abolished 400 police department positions last year.
Those positions were eliminated even as the city’s “security detail costs peaked in 2020—up $700,000 over five years: $2.7 million spent on 16 officers (2015); $2.9 million for 16 officers (2016); $2.7 million for 20 officers (2017); $2.8 million for 16 officers (2018); $2.8 million for 17 officers (2019); and $3.4 million for 22 officers (2020)—an all-time high,” OTB stated.
In New York, Mayor Bill de Blasio slashed $1 billion from the New York Police Department’s (NYPD) $6 billion annual budget, including $354 million transferred to mental health, homelessness, and education services.
But the mayor, who briefly sought the Democratic presidential nomination last year, continues to enjoy tax-paid police protection for himself, his wife, and his son.
“Serial Swatter Who Caused Death Gets Five Years in Prison.” “Shane Sonderman, of Lauderdale County, Tenn. admitted to conspiring with a group of criminals that’s been ‘swatting’ and harassing people for months in a bid to coerce targets into giving up their valuable Twitter and Instagram usernames.” So not only has he gotten people killed, he got them killed for really shitty reasons. (Hat tip: Ace of Spades HQ.)
“ERCOT Expands Power Grid Reserve Capacity in Preparation for Summer Heat.” “To prepare, ERCOT has dedicated 38 percent more in generation to reserve capacity from this July compared to last. And they plan to dedicate 56 percent more reserve capacity for August compared to August 2020.” 1.) That’s good, but 2.) Isn’t mid-July a wee bit late to be rolling out such plans? Let’s hope they’ve been working on this a while…
California court says that state laws requiring people to use crazy SJW pronouns violates freedom of speech.
“Poll: American Women Are Not Fans of Kamala Harris.” You don’t say…
Speaking of Harris: “Last month, the Supreme Court smacked down then-California Attorney General Kamala Harris’ attempt to force charitable nonprofits to turn over the names of their top donors, calling the power-grab ‘facially unconstitutional.'”
Gun sales decline slightly from record highs in 2020. Does this mean I might finally be able to pick up an AR-15 without it costing me an arm and a leg?
“Wayne LaPierre a Bigger Risk Than Fire and Brimstone.” “Lloyd’s of London is dropping all coverage for the NRA’s Board of Directors through their officers and directors insurance plan.”
More Soros-backed DA justice: “Accused murderer set free after St. Louis County prosecutors fail to show up, but found time for McCloskeys.”
Last week, Circuit Judge Jason Sengheiser dismissed charges of first-degree murder, armed criminal action, and unlawful gun possession against Brandon Campbell, 30, when prosecutors from the Circuit Attorney’s Office did not attend hearings for the case in May, June, and July, the St. Louis Post-Dispatch reported.
“The court does not take this action without significant consideration for the implications it may have for public safety,” Sengheiser wrote in kicking the case.
“Although presumed innocent, (Campbell) has been charged with the most serious of crimes. While the court has a role to play in protecting public safety, that role must be balanced with adherence to the law and the protection of the rights of the defendant,” the judge continued.
Sengheiser then took aim at Kim Gardner’s office.
“The Circuit Attorney’s Office is ultimately the party responsible for protecting public safety by charging and then prosecuting those it believes commit crimes,” he wrote.
“In a case like this where the Circuit Attorney’s office has essentially abandoned its duty to prosecute those it charges with crimes, the court must impartially enforce the law and any resultant threat to public safety is the responsibility of the Circuit Attorney’s Office.”
Speaking of revolving-doors for criminals: “Criminal District Court Judge frees repeat violent offender from jail even after he’s charged with murder.”
Thirty-eight-year-old Brandon Andrus’s criminal history is so lengthy he has more mug shots than some people have selfies.
But that didn’t stop 185th Criminal District Court Judge Jason Luong from allowing Andrus to be a free man by giving him three felony bonds, one for assaulting a family member last year.
On June 14, police say Andrus and another man murdered 35-year-old Rodrick Miller.
(Hat tip: Holly Hansen.)
More of the same from the happy streets of Chicago: Man on felony bail killed another driver during highway robbery attempt, prosecutors say.” (Hat tip: 357 Magnum.)
Club for Growth slams Wyoming Rep. Liz Cheney (R-ino) by comparing her to Hillary Clinton. Ouch! That’s gonna leave a scar…
The bribery charges against former Israeli Prime minister Benjamin Netanyahu are a big nothingburger.
Iran is backing Cuba’s oppressive communist government. Call it the League of Assholes. (Hat tip: Stephen Green at Instapundit.)
“Amazon’s New World Is Reportedly Frying High-End Graphics Cards.” Nothing like having your $2,000 Nvidia card bricked over a beta game…
Netflix to Wall Street: “Did I say we were going to gain two million new subscribers? Yeah, what I actually meant was we were going to lose 500,000 subscribers. Whoopsie! My bad!” Get woke, go broke.
Speaking of losing viewers, Nielsen ratings for broadcast are so far down that the networks are threatening to get rid of them.
More on that theme: “NBC’s ‘Today’ has smallest audience since at least 1991.”
James May launches his own gin. I don’t drink gin, but I bet that stuff sells out instantly, since the Top Gear/Grand Tour trio have one of the largest worldwide fan bases. I did not know that gin started out with neutral spirits before juniper berries were added.
Bernie Sanders Heads To Cuba To Tell Protesters To Be More Grateful For Their Excellent Social Programs.”
“Inspiring: US Women’s Soccer Team To Boycott Scoring Goals Until Racism Is Defeated.”
“FBI Discovers Building Full Of Dangerous Extremists Organizing Acts Of Terror Across Country…In a shocking twist, the organization is headquartered right in Washington, D.C., at the J. Edgar Hoover FBI building.”
“Stop using Tik-Tok! It’s Chinese spyware!”
Tags:2022 Attorney General's Race, 2022 Election, 2022 Texas Governor's Race, Amazon, Benjamin Netanyahu, Brandon Campbell, California, cats, Chicago, Chuck DeVore, Club for Growth, Crime, Cuba, Democrats, Elections, ERCOT, Eric Adams, FBI, First Amendment, Foreign Policy, George Soros, Guns, Hillary Clinton, Houston, Iran, Israel, Jacob Frey, James May, Jason Luong, Jason Sengheiser, Kamala Harris, Kim Gardner, LinkSwarm, Liz Cheney, Lloyd’s of London, London Breed, Lori Lightfoot, Mark McCloskey, Media Watch, Minneapolis, NBC, Netflix, New York City, NPR, NRA, Nvidia, NYPD, Overton Window, Patricia McCloskey, Ratings, Republicans, San Francisco, Shane Sonderman, soccer, Social Justice Warriors, St. Louis, Supreme Court, SWAT-ing, Texas, Today Show, Top Gear, TV, voting fraud, Wayne LaPierre
Posted in Crime, Democrats, Elections, Foreign Policy, Guns, Media Watch, Republicans, Social Justice Warriors, Supreme Court, Texas | 2 Comments »
Saturday, February 6th, 2021
Evidently Americans do continue to enjoy some modest minimum of freedom of religion, as the Supreme Court just struck down California’s ban on indoor church services:
Late Friday evening, the Supreme Court, in South Bay United Pentecostal Church v. Newsom, issued emergency relief suspending California’s broad ban on indoor religious services. The Court ruled that California was “enjoined from enforcing the . . . prohibition on indoor worship services . . . pending disposition of the petition for a writ of certiorari.” The order is limited: Relief was “denied with respect to the [25%] percentage capacity limitations” and denied with respect to the prohibition on singing and chanting during indoor services,” although the Court left the door open to hear any “new evidence . . . that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner.” This lifts some of the most stringent restrictions on religious services in the country. Justices Thomas, Gorsuch, and Alito wanted to grant broader relief on these fronts; Justices Barrett and Kavanaugh thought the evidentiary record was too unclear.
The Court was yet again divided on these issues, but not entirely along the same lines as in prior cases. Chief Justice Roberts, who dissented when the Court ruled against Andrew Cuomo’s restrictions in November, reiterated his view that courts should defer to elected officials and public-health experts, but thought that California had gone too far this time: “The State’s present determination — that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero — appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake.” Justice Gorsuch argued that California was overgeneralizing the risks of religious services:
California . . . insists that religious worship is so different that it demands especially onerous regulation. The State offers essentially four reasons why: It says that religious exercises involve (1) large numbers of people mixing from different households; (2) in close physical proximity; (3) for extended periods; (4) with singing . . . California errs to the extent it suggests its four factors are always present in worship, or always absent from the other secular activities its regulations allow. Nor has California sought to explain why it cannot address its legitimate concerns with rules short of a total ban . . .
On further inspection, the singing ban may not be what it first appears. It seems California’s powerful entertainment industry has won an exemption. So, once more, we appear to have a State playing favorites during a pandemic, expending considerable effort to protect lucrative industries (casinos in Nevada; movie studios in California) while denying similar largesse to its faithful. . . . Even if a full congregation singing hymns is too risky, California does not explain why even a single masked cantor cannot lead worship behind a mask and a plexiglass shield. Or why even a lone muezzin may not sing the call to prayer from a remote location inside a mosque as worshippers file in.
Gorsuch concluded:
[California’s] “temporary” ban on indoor worship has been in place since August 2020, and applied routinely since March. California no longer asks its movie studios, malls, and manicurists to wait. And one could be forgiven for doubting its asserted timeline. Government actors have been moving the goalposts on pandemic-related sacrifices for months, adopting new benchmarks that always seem to put restoration of liberty just around the corner. As this crisis enters its second year — and hovers over a second Lent, a second Passover, and a second Ramadan — it is too late for the State to defend extreme measures with claims of temporary exigency, if it ever could. Drafting narrowly tailored regulations can be difficult. But if Hollywood may host a studio audience or film a singing competition while not a single soul may enter California’s churches, synagogues, and mosques, something has gone seriously awry.
The three liberal justices dissented, asserting that the opinions of unelected experts should trump enumerated constitutional rights.
Tags:California, First Amendment, John Roberts, Neil Gorsuch, religion, South Bay United Pentecostal Church v. Newsom, Supreme Court
Posted in Supreme Court | 2 Comments »
Monday, August 27th, 2018
This qualifies as news because it’s actually novel:
The official view of the American Civil Liberties Union (ACLU) remains that the Second Amendment protects a “collective right rather than an individual right.” But the organization nevertheless is helping the National Rifle Association (NRA) fend off extralegal attempts by New York state officials to put it out of business.
In a brief filed in federal court today, the ACLU argues that New York’s strong-arm efforts to compel banks and insurance companies to ditch the NRA as a customer represent a glaring violation of the First Amendment.
“Although public officials are free to express their opinions and may condemn viewpoints or groups they view as inimical to public welfare, they cannot abuse their regulatory authority to retaliate against disfavored advocacy organizations and to impose burdens on those organizations’ ability to conduct lawful business,” the ACLU says.
The ACLU’s amicus brief never says the group agrees with the NRA’s positions on firearms. Instead, the group invokes a long series of First Amendment cases to argue that the regulators should not use their power in office to punish political enemies.
A timeline prepared by the NRA suggests the intimidation campaign began last fall. The anti-gun group Everytown for Gun Safety met with New York officials in September 2017; a month later the Department of Financial Services began an investigation that started with a company called Lockton, which administered the NRA-branded personal liability insurance program known as Carry Guard. Despite a 20-year relationship, Lockton responded by abruptly ditching the NRA as a customer in February; so did Chubb and Lloyd’s.
Emboldened by this initial success, Maria Vullo, head of the state’s Department of Financial Services, sent a pair of ominous letters to all banks, financial institutions, and insurers licensed to do business in New York. Vullo warned companies to sever ties with pro-Second Amendment groups that “promote guns and lead to senseless violence” and instead heed “the voices of the passionate, courageous, and articulate young people” calling for more restrictions on firearms. All companies receiving the letter, she advised, should “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.”
New York Gov. Andrew Cuomo underlined the regulatory threat in a tweet the next day: “The NRA is an extremist organization. I urge companies in New York State to revisit any ties they have to the NRA and consider their reputations, and responsibility to the public.'”
As a result of those not-very-veiled threats, the NRA says, multiple banks withdrew bids to provide basic depository services. The NRA is also worried about being able to continue producing its NRA TV channel, with hosts including Dana Loesch and Cam Edwards, unless it can obtain normal media liability insurance. (In May, NRA sued Cuomo and Vullo, a former Cuomo aide when he was attorney general. See J.D. Tuccille’s Reason coverage at the time.)
“If Cuomo can do this to the NRA, then conservative governors could have their financial regulators threaten banks and financial institutions that do business with any other group whose political views the governor opposes,” David Cole, the ACLU’s legal director, wrote in a blog post today. “The First Amendment bars state officials from using their regulatory power to penalize groups merely because they promote disapproved ideas.”
A few decades ago, the ACLU acting like, you know, a civil liberties union wouldn’t have been shocking at all. (In fact, back in the dim mists of time, the ACLU back the Texas Review Society in a lawsuit against the University of Texas for prohibiting non-university on-campus newspapers, even though the Texas Review Society was a registered student group). Lately, however, the ACLU has seemed little more than an extension of the liberal overclass (it’s Twitter timeline seems to have gone to an “All ‘OMG The Illegal Alien Children’ All The Time” format), and recently it’s gone wobbly on it’s signature issue of free speech.
So it’s nice to see the ACLU at least pretend it still cares about free speech for deplorables…
(Hat tip: Instapundit.)
Tags:ACLU, First Amendment, NRA, Second Amendment
Posted in Guns, Media Watch, Uncategorized | 1 Comment »
Tuesday, June 5th, 2018
In a broadly-shared 7-2 opinion on narrow technical grounds, the Supreme Court ruled in favor of the christian baker in the Masterpiece Cakeshop “gay wedding cake” case.
Let’s look at the text of the decision itself:
That consideration was compromised, however, by the Commission’s treatment of Phillips’ case, which showed elements of a clear and impermissible hostility toward the sincere religious beliefs motivating his objection. As the record shows, some of the commissioners at the Commission’s formal, public hearings endorsed the view that religious beliefs cannot legitimately be carried into the public sphere or commercial domain, disparaged Phillips’ faith as despicable and characterized it as merely rhetorical, and compared his invocation of his sincerely held religious beliefs to defenses of slavery and the Holocaust. No commissioners objected to the comments. Nor were they mentioned in the later state-court ruling or disavowed in the briefs filed here. The comments thus cast doubt on the fairness and impartiality of the Commission’s adjudication of Phillips’ case.
Snip.
For these reasons, the Commission’s treatment of Phillips’ case violated the State’s duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint. The government, consistent with the Constitution’s guarantee of free exercise, cannot impose regulations that are hostile to the religious beliefs of affected citizens and cannot act in a manner that passes judgment upon or presupposes the illegitimacy of religious beliefs and practices. Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520. Factors relevant to the assessment of governmental neutrality include “the historical background of the decision under challenge, the specific series of events leading to the enactment or official policy in question, and the legislative or administrative history, including contemporaneous statements made by members of the decisionmaking body.” Id., at 540. In view of these factors, the record here demonstrates that the Commission’s consideration of Phillips’ case was neither tolerant nor respectful of his religious beliefs. The Commission gave “every appearance,” id., at 545, of adjudicating his religious objection based on a negative normative “evaluation of the particular justification” for his objection and the religious grounds for it, id., at 537, but government has no role in expressing or even suggesting whether the religious ground for Phillips’ conscience-based objection is legitimate or illegitimate. The inference here is thus that Phillips’ religious objection was not considered with the neutrality required by the Free Exercise Clause. The State’s interest could have been weighed against Phillips’ sincere religious objections in a way consistent with the requisite religious neutrality that must be strictly observed. But the official expressions of hostility to religion in some of the commissioners’ comments were inconsistent with that requirement, and the Commission’s disparate consideration of Phillips’ case compared to the cases of the other bakers suggests the same.
In short, liberals might have eked out a win in this case if only they hadn’t displayed their usual naked contempt for Christian believers.
It’s also gratifying to see that constitutionally enumerated rights can still, at this late date, trump those “unenumerated rights” (read Obergefell) plucked from the thin air of penumbras and emanations that are so near and dear to left-wing legal theorist’s hearts.
Ann Althouse also points out Justice Thomas’ opinion concurring in part and concurring in the judgment:
The Colorado Court of Appeals was wrong to conclude that Phillips’ conduct was not expressive because a reasonable observer would think he is merely complying with Colorado’s public-accommodations law. This argument would justify any law that compelled protected speech. And, this Court has never accepted it. From the beginning, this Court’s compelled-speech precedents have rejected arguments that “would resolve every issue of power in favor of those in authority.” Barnette, 319 U. S., at 636…
States cannot punish protected speech because some group finds it offensive, hurtful, stigmatic, unreasonable, or undignified. “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
And that, of course, is the entire point of the law. Tolerance is not enough. Liberals demand sanction and wish to criminalize dissent to their demands. You will be forced to approve of our lifestyle. You will be made to care. The law exists entirely to force Christians to bow to will of anti-Christian liberals.
Every knee must bend.
Tags:Clarence Thomas, Colorado, First Amendment, Gay Marriage, Masterpiece Cakeshop, Social Justice Warriors, Supreme Court
Posted in Social Justice Warriors, Supreme Court | 1 Comment »
Monday, June 19th, 2017
Today the Supreme Court unanimously reaffirmed what conservatives, libertarians and honest liberals have been arguing for some time now: when it comes to the First Amendment, there’s no “hate speech” exemption:
From today’s opinion by Justice Samuel Alito (for four justices) in Matal v. Tam, the “Slants” case:
[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.”
Justice Anthony Kennedy wrote separately, also for four justices, but on this point the opinions agreed:
A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.
And the justices made clear that speech that some view as racially offensive is protected not just against outright prohibition but also against lesser restrictions.
This is a great blow to Social Justice Warriors looking to limit or eliminate the speech of their political opponents as “hate speech.”
Thank God for the First Amendment, or we might be looking at situations like Canada’s, where you can be fined for using unapproved pronouns.
Tags:"hate speech", Canada, First Amendment, Free Speech, Social Justice Warriors, Supreme Court
Posted in Social Justice Warriors, Supreme Court | 1 Comment »
Thursday, October 30th, 2014
From the Austin legal beat, Antonio Buehler was found not guilty of refusing to obey a police officer’s instructions while filming an arrest on January 1st, 2012.
Chalk up another small but real win for the right to monitor government employees doing their work in public.
Tags:Austin, Crime, First Amendment, police, Texas
Posted in Austin, Crime, Texas | No Comments »
Wednesday, October 29th, 2014
Better late than never, Houston Mayor Annise Parker comes to the belated understanding that she was getting her ass handed to her on a plate over her subpoenas of church sermons by enemies of her Transvestite Bathrooms Initiative, and has dropped the subpoenas entirely.
However, the clue-by-four still doesn’t seem to have fully registered:
The move is in the best interest of Houston, she said, and is not an admission that the requests were in any way illegal or intended to intrude on religious liberties.
Snip.
The plaintiffs’ attorney in the lawsuit, Andy Taylor, called Parker’s announcement a “head fake,” and challenged her not only to pull down the subpoenas but to drop the city’s defense of the lawsuit and put the ordinance to a vote. The city last summer ruled opponents’ petition to submit the equal rights ordinance to a repeal referendum fell short of the legal requirements spelled out in the city charter, prompting the lawsuit.
“The truth is she’s using this litigation to try to squelch the voting rights of over a million well-intentioned voters here in the city of Houston,” Taylor said. “It’s very simple why we filed a lawsuit: Because they won’t do what the city constitutional charter requires them to do.”
Ms. Parker is obviously what we call a “slow learner.”
Tags:Annise Parker, First Amendment, Houston, Texas
Posted in Democrats, Texas | 1 Comment »