This is the prevailing culture in the state Hillary Clinton won so overwhelmingly that she was able to claim that she really “won” the election. You don’t want to live in that culture. It opposes the Freedom of Speech.
Opposing free speech is unethical. It also is undemocratic. But Californians are increasingly incapable of seeing this. It is a case study in how a culture rots. Some recent examples of how the rot is proceeding.
I. Mean Facebook posts are crimes.
In 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California’s Facebook page. Among them:
- “THE MORE MUSLIMS WE ALLOW INTO AMERICA THE MORE TERROR WE WILL SEE.”
- “PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION.”
- “Islam is dangerous – fact: the more muslim savages we allow into america – the more terror we will see -this is a fact which is undeniable.”
- “Filthy muslim shit has no place in western civilization.”
As a result, California is prosecuting him for allegedly violating Cal. Penal Code § 653m(b):
Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device … to another person is … guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.
A First Year law student of reasonable mental acuity could tell you in a trice that this was unconstitutional—that is, she could if she hadn’t been marinated in the anti-democratic culture that is 21st Century California. It is also an unethical and intellectually dishonest effort to use an ill-fitting law to punish “hate speach.” Here, in part, is the analysis of Prof. Volokh, a constitutional law specialist:
This can’t possibly be consistent with the First Amendment; indeed, in U.S. v. Popa (D.C. Cir. 1999), the D.C. Circuit set aside a telephone harassment conviction of someone who left seven racist messages on the voicemail of then-U.S.-Attorney Eric Holder; and the court focused on the “political message” of the speech, and not on Holder’s status as a government official. Given that insults targeted to a particular person, related to a political message, are thus constitutionally protected, so are more general insults aimed at an ideology and all its adherents, whether that ideology is Islam, Scientology, conservatism, gun rights, or anything else. Laws aimed at preventing unwanted repeated messages to particular private citizens shouldn’t be applied to messages sent to ideological organizations (or to public officials). And this is especially so when it comes to annoying Facebook posts, which the organization can simply block.
…I hope the court indeed promptly throws them out as unjustified under the statute, forbidden by the First Amendment, or both. But if the courts accept such charges, expect to see many more people, left, right, and otherwise, prosecuted for posting insulting messages on many groups’ web pages.
II. No free speech on campus without permission!