Category: First Amendment rights

A Suit of a Different Color

Post author By CS Admin
Post date September 2, 2016
2 Comments on A Suit of a Different Color

Melania, Donald, Trump, daily mail, scandal, sex worker, illustration

Donald Trump has threatened to use lawsuits against people he says are lying about him. Even if elected President.

Well, enter the third Mrs. Donald Trump, Melania. She is suing Britain’s Daily Mail* for suggesting that she may have worked as a “part time escort in New York,” explains the BBC, “and met husband Donald Trump, who is now running for the White House, earlier than previously reported.”

We know from published nude photographs that she was in the U.S. before the time specified by her presidential-hopeful husband. And for some, those nude photographs lend credence to a rumor about escort service work. (She’s made money for being photographed in sexual congress before.)

The Daily Mail has withdrawn its article, insisting that it had not “suggested the sex work claims were true but said that, even if false, they could affect the US presidential campaign.” Sounds like a defense to me.

Earlier this week I confessed to my lack of accounting expertise. Now I should do the same regarding law. Yet, the claim by the Trumps’ lawyer, Charles Harder, seems hard to take seriously — that is, that the defendants’ statements were “so egregious, malicious and harmful to Mrs. Trump that her damages are estimated at $150 million dollars.”

Really? That much?

Besides, it’s her husband’s career on the line. And a sex morals rumor about Mrs. Trump wilts next to the long list of rumors and established fact in the scandal department of actual candidate (and former First Lady) Mrs. Bill Clinton.

Seems with either major party candidate, we’re guaranteed a soap opera … and full employment for lawyers.

This is Common Sense. I’m Paul Jacob.

* She is also suing an American blogger.

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Tags Daily Mail, Donald Trump, lawsuit, Melania Trump, scandal, sex

crime and punishment First Amendment rights general freedom initiative, referendum, and recall nannyism national politics & policies political challengers responsibility too much government

A Private Party

Donald Trump, delegates, unbound, convention, crime, vote

Virginia delegate Beau Correll won’t cast his first ballot vote at the Republican National Convention for Donald Trump, and won’t go to jail, either.

As discussed last Thursday, at issue is a state statute requiring* delegates to vote for the plurality winner of the party’s primary. On the Republican side, that’s Mr. Trump. Yesterday, Federal Judge Robert Payne ruled the law unconstitutional, no law at all, because it violates Correll’s First Amendment rights to speak and associate politically.

“In sum, where the State attempts to interfere with a political party’s internal governance and operation,” the federal judge wrote, “the party is entirely free to ‘cancel out [the State’s] effort’ (Def. Resp. 28) even though the state has expended financial and administrative resources in a primary.”

Love ’em or hate ’em, political parties are private associations, properly protected by the First Amendment.

But is it fair to hold primary elections, at taxpayers’ expense, and then ignore the votes of so many people?

Easy answer: NO.

Sure, Judge Payne correctly struck this statute, but it doesn’t follow that states must foot the bill for party primaries and national conventions or provide legal preference. Up to now, incumbent politicians have quietly legislated a relationship of too-friendly collusion between government and the major parties.

It’s time for citizens to look at initiatives to mandate separation of political party and state.

More immediately, the implications for the coming GOP convention in Cleveland are obvious and far-reaching. “The Court’s decision,” as Correll’s attorney David Rivkin summarized, “follows more than 40 years of precedent in firmly rejecting Donald Trump’s legal opinion that delegates are obligated by law to vote for him.”

The delegates are free.

This is Common Sense. I’m Paul Jacob.

* Penalty for non-compliance? One year in prison.

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Original photo credit: Gage Skidmore on Flickr

Tags 2016 Presidential race, delegates, Donald Trump, first amendment, Presidential campaign 2016, Republican, Republican Party, Unbound

education and schooling First Amendment rights ideological culture media and media people

The Controversialist

DePaul University, Black Lives Matter , Social Justice Warriors, Dangerous Faggot Tour, Milo Yiannopoulis , provocative,

“Feminism is cancer.”

Milo Yiannopoulis is provocative. Apparently of violence as well as of thought.

Until very recently, best known for his Twitter presence (@nero) and his work at Breitbart, Mr. Yiannopoulis, a gay British man in his mid-30s, has undertaken what he calls his “Dangerous Faggot Tour,” — speaking to anti-left audiences in hired halls at the heart of the modern university.

He outrageously decries the regnant “Social Justice Warriors” of anti-capitalism and intersectional feminism, and defends free speech and the candidacy of Donald Trump.

But obviously he is egging on the student mobs. One stunt was to take a poll asking whether the subject would rather his or her daughter get cancer or become a feminist.

Cancer, Milo chortles, was the overwhelming result.

Most people hate modern feminism, he says. It’s only on campuses that the youngsters are unhinged enough to believe that

rich, pampered college students are “oppressed” just because they are women or gay or trans; that
white men are “systemically” their “oppressors” and thus “privileged”; and that
there exists an overarching Patriarchy in capitalist America, but not in the Mideast.

So he is shouted at and “protested” everywhere he goes. This week, Black Lives Matter protesters basically took over an event at DePaul University, with a young woman invading Milo’s personal space, apparently (you decide) hitting him in the face during a Q and A.

The university, which had charged organizers a huge fee for “extra security,” did nothing. Milo’s suing to get back that payment — for services plainly not rendered.

Some patriarchy. Some privilege.

This is Common Sense. I’m Paul Jacob.

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Tags Black Lives Matter, Dangerous Faggot Tour, DePaul University, Milo Yiannopoulis, political correctness, provocative, Social Justice Warriors

First Amendment rights general freedom individual achievement obituary

A Life Too Short

One lesson from the classic film, It’s a Wonderful Life, is that “Every man’s life touches so many others.”

Every woman’s life does, too.

On Monday, I was stunned and saddened to read in my morning paper that Cornell University President Elizabeth “Beth” Garrett had died, barely a month after being diagnosed with colon cancer, at only 52 years of age.

“Being the first woman president of Cornell, just as I was the first woman provost at U.S.C., puts me in the position of being a role model — not just for young women, but also for men,” she told an interviewer.

While at the University of Southern California, Beth “was the driving force behind the Initiative and Referendum Institute becoming part of USC,” according to my friend, Dane Waters, founder of the Institute.

I met her in the late 1990s. While we certainly were not in full agreement politically, my respect for her intellectual honesty grew and grew. She produced top notch research on the initiative process

And she cared. Years ago, when the Oklahoma Attorney General unsuccessfully sought to persecute myself and two others, Beth Garrett, an Okie native, reached out to lend her moral support.

Reason magazine mourned her passing by calling her “a staunch defender of free speech on campus.”

“There isn’t any idea that ought not to be tested and questioned,” Garrett once told students. “Because that’s how we get closer to the truth.… So if you disagree with someone, the answer isn’t to shut them down.”

Beth Garrett lived a wonderful life, leading by example. We’ll miss her.

This is Common Sense. I’m Paul Jacob.

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Tags ballot initiative, Beth Garrett, first amendment, Initiative Rights, obituaries, obituary

crime and punishment First Amendment rights general freedom moral hazard national politics & policies Snowden

Structurally Opinionated B. S.

Post author By CS Admin
Post date March 10, 2016
2 Comments on Structurally Opinionated B. S.

Edward Snowden, iPhone, First Amendment, privacy, Apple, illustration

Edward Snowden, the infamous American whistleblower now exiled in Russia, says the FBI’s claim that it cannot decode the infamous San Bernardino terrorist’s iPhone is, and I quote, “Bernie Sanders.”

Oops.

He used another word-set, also sporting the initials B. S.

I got confused because, though the press has been fretting endlessly about the B.S. coming from Donald Trump, the real corkers of late have come from Bernie Sanders, who seems to think that white people cannot be poor or oppressed* and that the successes of free markets elsewhere serve perfectly as excuses for Big Government interference here in America.**

Mr. Snowden, who knows a lot more about encryption and decryption than I do, has given more weight to my suspicion that the whole FBI case against Apple — demanding that Apple create software to decrypt the company’s customers’ iPhones, and supply (on an allegedly case-by-case basis) the decrypted private information to the government — is a sham.

Snowden insists that there are multiple ways to do the job.

“Other technologists have explained how the FBI could have easily accessed the phone’s latest iCloud backup,” a report on Snowden’s judgment elaborated, “if agents working with San Bernardino County had not reset the iCloud password.”

Once again, a government failure leads to another push by government to correct for its failure, burdening citizens.

In this case: folks at Apple.

Interestingly, Apple’s legal defense appears to rest heavily on the First Amendment’s free speech guarantees, arguing that the demanded software is value-laden speech, is literally made up of such.

The exact term is “structurally opinionated,” which I nominate for the jargon phrase of the year.

This is Common Sense. I’m Paul Jacob.

* Sanders has recently said, in one of those interminable debates that I can no longer watch in full, “When you are white, you don’t know what it’s like to be living in a ghetto, you don’t know what it’s like to be poor, you don’t know what it’s like to be hassled when you are walking down a street or dragged out of a car.” As if “white privilege” amounts to immunity from poverty or oppression.

** Sanders, whose Tweets are as insane as his spoken pronouncements, recently lamented how Romanians in Bucharest have faster Internet speeds than Americans — without realizing they’d achieved these levels of access by wide-open, unrelenting, and wild competition. That is, Laissez Faire capitalism.

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Tags Apple, Apple Inc., Edward Snowden, first amendment, free speech, iPhone, privacy, security

Accountability Common Sense First Amendment rights free trade & free markets general freedom ideological culture nannyism national politics & policies responsibility too much government U.S. Constitution

re: Solutions

Today’s the traditional day for New Year’s “Resolutions,” but instead of resolutions, how about some solutions?

Sure, Thomas Sowell has sagely reminded: there are no solutions in social life, only trade-offs.

But, utopian perfection aside, let’s agree that some changes would be better than others, and, let us resolve to solve some nagging problems — or at least trade up. And since the really nagging problems are political …

For Republicans: this could be the year to give up on government as society’s chief moral agent, empowered to regulate everybody’s medicine cabinets and bloodstreams. End the failed War on Drugs, with legalizing marijuana the simplest first step. Vice will continue, as it always has. But it’s another kind of vice to think that force, policing and imprisoning folks, will “solve” the problem. Much less even reduce the availability of drugs.

For Democrats: this could be the year to give up on government as micromanager of markets — and people’s marketplace choices. Face it: folks will make decisions that liberals don’t like. They’ll eat at McDonalds and buy large sodas — and the wrong stocks. And guns! But adding to the mass of regulations doesn’t make consumers choose better, it makes stuff more expensive and business less open to competition. Indeed, almost all the regulations designed to help “the little guy” backfire, helping big business by hobbling their upstart competitors.

Our leaders, at present, cannot even balance budgets. They are addicted to debt. To pretend we must have more and more government to prevent our addictions or save us from personal debt is ludicrous.

Can we resolve to stop pretending that bigger government is always the solution?

This is Common Sense. I’m Paul Jacob.