I keep thinking some day, Democrats with ethics alarms and functioning cerebral cortexes are going to wake up, slap themselves sharply in the face, and shout, “This entire party is based on lies, deception, and hypocrisy! What the hell have I been doing?”
Since the Times here is carefully trying to inform readers about an organized effort by their readers favorite party that should be received as an indictment on its face, the article proceeds as if there are legitimate arguments pro- and con. “An army of lawyers aims to challenge the steadily advancing ballot-access efforts of independent candidates, who Democrats fear could peel votes away in swing states,” begins the Times. “The aim ”is to ensure all the candidates are playing by the rules, and to seek to hold them accountable when they are not,’ “the Times explains quoting one of the leaders of the party’s efforts. It doesn’t mention that this is pure deceit, as the paper has already explained the motivation for the assault on ballot access:
Don Surber is a former journalist and current conservative pundit whose blog and substack I occasionally peruse, usually without too much alarm. However, he has issued a substack essay that, if I had to summarize in three words my objections to it and any culture wars guerilla who cited him as authority would be, “This doesn’t help.” A longer version follows.
Surber’s piece is called “In praise of ties” and carries the subheading, “They helped build a society that we are destroying.” If Glenn Reynolds had not endorsed the link, I would have stopped reading right there. I know ties are going to be used as a metaphor for the decline of elegance, respect, adulthood, civility, dignity, elan and eclat, blattity-blah, but still. Don’t insult my intelligence. This is the equivalent of “In praise of stovepipe hats,” “In praise of spats,” “In praise of derbies” or “In praise of bustles.” These are all fashions, and fashions rise and fall like steam and autumn leaves. We get used to them, if they hang around long enough, and yes, sometimes their demise are linked to cultural factors that have little to do with fashion. Nonetheless, longing for a time when men wore ties as a matter of societal conformity makes one seem like Grandpa Simpson, screaming at clouds. Worse, in fact.
Sure, Don. I always thought those pictures of men wearing ties at baseball games were ridiculous. Ted Williams, one of my father’s heroes whom he passed on to me, famously refused to wear a tie: he had a very long neck and didn’t think ties looked good on him. Ben was right, but when the tie as a symbol of wanting to appear formal and serious wane—it hasn’t waned completely —then people will adopt other ways of “dressing to please.” It is the way of the world, and there is nothing about these transitions to lament.
But Surber was just getting started. Here he is at full speed:
Great. We now have a U.S. Supreme Court Justice who doesn’t like the First Amendment. The Babylon Bee hardly had to be satirical to come up with that headline. During yesterday’s oral arguments before the U.S. Supreme Court in Murthy v. Missouri, the newest Justice and the only one appointed by President Biden, Kentanji Brown Jackson revealed a frightening hostility to the most important guaranteed principle of American freedom from oppressive government.
“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” Jackson told Louisiana Solicitor General Benjamin Aguiñaga as he argued against allowing Big Brother to recruit Big Tech as a political ally by intimidating social media platforms into removing posts the government finds inconvenient. I read Jackson’s quotes yesterday with genuine horror. My sister, a federal litigator of liberal tendencies, had assured me that Jackson was a smart, solid, trustworthy jurist based on her experiences appearing before her. Justice Jackson may be smart, but trustworthy she isn’t. Intentionally or accidentally, President Biden’s openly DEI appointment to fill the Court slot vacated by Stephen Breyer installed the perfect tool to assist aspiring Democrat totalitarians to achieve their agendas.
Oh please, tell us again how Donald Trump is the existential threat to democracy.
A dissent from a well-respected contributor here spawned this post. The mainstream media is still pushing the Big Lie (discussed in this post)that Donald Trump promised to unleash a “bloodbath” if he lost the upcoming election (MSNBC mentioned it several times this morning). As I was pondering the argument (prompted by this post) that Elon Musk does not deserve the RBG Leadership Award for rescuing Twitter, now “X” from the Left-wing biased and censorious cabal that had captured it, I encountered the sequence below on the platform. Musk’s version of Twitter does not ban the progressives from spreading their “misinformation,” and he allows the crucial opportunity for countering the news media that is on display. This is undeniably a good thing. And I believe the the Notorious R.B.G. would agree.
—-The attorneys for Missouri and Louisiana in their U.S. Supreme Court opposition to staying the unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit order declaring that officials from the White House, the surgeon general’s office, the Centers for Disease Control and Prevention, and the F.B.I. had violated the First Amendment by secretly pressuring social media platforms to take down posts as “misinformation.”
What a great line! I’m amazed it has never been used before: an instant classic and useful quote.
Today the U.S. Supreme Court will hear the oral arguments in a case to determine whether the Biden administration violated the First Amendment in combating that endlessly useful word to progressive and Democratic censors, “misinformation,” on social media platforms. There are four case before SCOTUS on this topic, which, among other expressions of alarm, was the target of the so-called “Twitter Files” posts organized by Elon Musk in 2022.
The case being argued today, like the other ones, arose from revealed communications from administration officials urging/ persuading/ threatening social media platforms to take down Left-unfriendly posts on the Wuhan virus vaccines, the 2020 election and Hunter Biden’s laptop and other matters. Last year, the Fifth Circuit hit the Biden administration with an injunction that severely limited this tactic. The three judge panel wrote,
Defendants, and their employees and agents, shall take no actions, formal or informal, directly or indirectly, to coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech. That includes, but is not limited to, compelling the platforms to act, such as by intimating that some form of punishment will follow a failure to comply with any request, or supervising, directing, or otherwise meaningfully controlling the social-media companies’ decision-making processes.
And the Biden administration opposed that language. Let me repeat that for emphasis: the Biden administration opposed that language. This is, you will recall, the administration and the party that has based its campaign against Republicans before the election this year on the premise that it is the Republicans and their presumptive Presidential candidate, Donald Trump, who pose an existential threat to democracy. Yet these are the same aspiring totalitarians who used the power of the government—“Nice little business you have here…be a shame if anything were to happen to it!”—to secretly coerce, pressure, and infiltrate (read the whole order linked above) social media and Big Tech platforms to do their bidding regarding what opinions and assertions could be communicated by citizens.
WHAT? My visceral reaction was immediately, “That’s crazy!” My considered conclusion is, “I think they do.”
US District Judge Sharon Johnson Coleman ruled yesterday in US v. Carbajal-Flores that the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores, an illegal with no criminal record or record of violence. “The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Colman wrote “Thus, the Court grants Carbajal-Flores’ motion to dismiss.” She reached this conclusion after considering the US’s historical tradition of gun regulation as set out in the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling. Breaking misdemeanor immigration laws alone should not be sufficient justification for stripping someone of gun rights, the judge determined.
“[C]arbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,” Judge Coleman wrote. “Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants….The Court also determined that based on the government’s historical analogue, where exceptions were made that allowed formerly ‘untrustworthy’ British loyalists to possess weapons, the individuals who fell within the exception were determined to be non-violent during their individual assessments, permitting them to carry firearms,” she wrote. “Thus, to the extent the exception shows that some British loyalists were permitted to carry firearms despite the general prohibition, the Court interprets this history as supporting an individualized assessment for Section 922(g)(5) as this Court previously found with Section 922(g)(1).”
But you know and I know an awful lot of people, including elected officials, educators and journalists, who wish this could happen here, will do what they can to see that it does happen here, and regard themselves as enlightened and virtuous for believing this.
[Aside: I first (and last) heard that Mothers of Invention riff when I was a freshman in college. I made me laugh then, and it just made me laugh now. Yes, I am looking for things that will make me laugh.]
Sam Melia is an activist who was recenly sentenced to two years in prison for making and distributing offensive stickers, including thos saying,
“It’s OK to be White”
“White Lives Matter”
“Love your Nation”
“Stop Anti-White Rape Gangs”
“Stop mass immigration”
“Reject white guilt”
“They seek conquest, not asylum”
Other stickers are unquestionably racist or anti-Semitic. One asked: “Why are Jews censoring free speech?,” for example. He’s a member of neo-fascist Patriotic Alternative, and is clearly an asshole, distributing printable stickers and encouraged his followers to download them and sick them them up in public places. In January, at Leeds Crown Court, Melia was found guilty of distributing material “intended to stir up racial hatred” and “encouraging racially aggravated criminal damage,” though there was no such damage. Last week he received his sentence of two years in jail, and British progressives are just thrilled about it.
The Crown Prosecution Service (CPS) says that when Melia was arrested in April 2021, police “found in his wallet” stickers that expressed “views of a nationalist nature.” When police searched Melia’s home, they “discovered a book by Oswald Mosley” and other evidence “of Melia’s ideology.” Yes, in Great Britain, home of the Magna Carta, Locke and W.S. Gilbert, you can now be imprisoned for what you believe and what opinions you express.
Thanks to the First Amendment, the U.S. has been spared that step into totalitarianism so far, but the double standards applied to the January 6 morons and the George Floyd marauders show that the potential for erosion is strong.
“We need to trust ourselves more to confront hateful thinking and to ensure our communities are safe for everyone, rather than inviting officialdom to restrict and punish ideas we don’t like. Censorship both expands the state’s jurisdiction over theindividual’s mind and weakens social solidarity by discouraging the public from directly confronting bigotry in preference for asking the government to cover our eyes and ears. The impact this has on the free society is devastating.
Even some liberal campaigners might feel uncomfortable defending the free-speech rights of a bigot like Melia. They need to get over themselves. As the American essayist HL Mencken said: ‘The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped atthe beginning if it is to be stopped at all.’
And that is exactly why our aspiring censors—in the Congress, in the White House, in the news media, in universities, in DA offices—need to be stopped now. Immediately. This year.
A case out of the Golden State reaffirms my belief that there are too many unconstitutional laws around the country to count, and that a lot of them are passed by irresponsible legislators with their fingers crossed, hoping that the bogus government restrictions will slip through the judicial net.
For example, did you know that a California law makes it a crime to simply possess or carry a billy club, which is basically a stick? That’s ridiculous, but there was such a law until it was struck down last week by a Judge Roger Benitez, a federal judge in San Diego, who ruled in Fouts v. Bonta that billy clubs are protected by the Second Amendment. Why wouldn’t they be? California really is estranged from basic American values and common sense. (The state’s billy club prohibition would make it illegal for a member of the LA Dodgers to walk to the stadium carrying his bat.) The core of the opinion is this:
This case is not about whether California can prohibit or restrict the use or possession of a billy for unlawful purposes…. Historically, the short wooden stick that police officers once carried on their beat was known as a billy or billy club. The term remains vague today and may encompass a metal baton, a little league bat, a wooden table leg, or a broken golf club shaft, all of which are weapons that could be used for self-defense but are less lethal than a firearm…not everybody wants to carry a firearm for self- defense. Some prefer less-lethal weapons. A billy is a less-lethal weapon that may be used for self-defense. It is a simple weapon that most anybody between the ages of eight and eighty can fashion from a wooden stick, or a clothes pole, or a dowel rod. One can easily imagine countless citizens carrying these weapons on daily walks and hikes to defend themselves against attacks by humans or animals. To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally protected right to keep and bear arms like the billy for lawful purposes.
In early America and today, the Second Amendment right of self-preservation permits a citizen to “‘repel force by force’ when ‘the intervention of society in his behalf, may be too late to prevent that injury.’” The Founders of our country anticipated that as our nation matured circumstances might make the previous recognition ofrights undesirable or inadequate. For that event, the Founders provided a built-in vehicle by which the Constitution could be amended, but a single state, no matter how well intended, may not do so, and neither can this court.
What other unconstitutional laws are lurking out there, unchallenged?
Why do communities keep electing officials who are ignorant of the law, history, and the U.S. Constitution?
Three days ago, North Las Vegas Mayor Pamela Goynes-Brown, (Guess which party!) announced on social media that her city would host a Black-owned business fair this coming weekend at the conclusion of Black History Month. The fest would feature local black vendors, community resources, an art corner and an area for children. Food trucks and live entertainment would enliven the proceedings. It would be a fun day of promotion for all participating—black-owned only!—businesses.
As you see by the EA links, I batted just .500 in covering this topic, and some of the incidents described in FIRE’s report are clearly major ethics breaches that should have been discussed here. Personally, I blame Donald Trump for being a catalyst for so much unethical conduct by the Axis of Unethical Conduct (AUC)—the “resistance,” Democrats and the mainstream media—as well as his own usual forays into the Ethics Twilight Zone that I missed other important matters. Or, as Joni Mitchell might have croaked, “So many things I might have done, but Trump got in my way….”
OK, I’m kidding. Sort of.
The most horrible story that I missed is a tie between the Mayo Clinic outrage and the Marion County Police Dept.’s gestapo act. In that one, FIRE explains,
Ethics Alarms 
