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Accountability First Amendment rights incumbents local leaders Regulating Protest U.S. Constitution

Homer’s Recall Odyssey

Freedom of speech isn’t a free pass to avoid the consequences of what one says. Or does. Tell that to three members of the Homer, Alaska, city council — Donna Aderhold, David Lewis and Catriona Reynolds — who are the subject of a recall petition.

Well, a superior court judge just did.

Represented by the ACLU, the trio sued to block a recall petition with more than enough voter signatures. Their lawsuit challenged the city attorney’s acceptance of the legal rationale for the recall, claiming the recall attempt punishes the politicians for their speech.

“To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment,” Superior Court Judge Erin Marston ruled, “would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials.”

Now the recall moves forward.

In most of this Land of the Free, citizens lack the ability to recall their elected officials. In places that do have the process, it is rarely used. When it is used, it is often portrayed as voters throwing a temper tantrum. 

Or an unfair election do-over. 

Or mean-​spirited ‘vendetta politics.’

Not so. The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new. 

Seems pretty reasonable. 

When politicians are recalled and removed, they deserve it.*

This is Common Sense. I’m Paul Jacob.

 

* The problem seems never to be that good politicians are being recalled, but that too many politicians who should be recalled are not. Back in 2003, the governor of California was recalled. He deserved it. In 2011, a whopping 88 percent of Miami-​Dade County voted to recall Mayor Carlos Alvarez. He earned it, too.


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crime and punishment First Amendment rights general freedom ideological culture moral hazard national politics & policies Regulating Protest U.S. Constitution

Thorns in the Parade

Portland, Oregon, styles itself as “The City of Roses.” For over a century, this Pacific Northwest city has held an annual Rose Festival, complete with multiple parades.

This year, there will be at least one parade less.

“The annual 82nd Avenue Rose Parade and Carnival scheduled for Saturday have been canceled because of threats against the Multnomah County Republican Party, a longtime participant in the parade,” we learn from the Portland Tribune. “In a Tuesday afternoon email, the 82 Avenue Business Association, which sponsors the Rose Festival-​sanctioned event, said it canceled the entire event because [it] could not guarantee the safety of the community.” 

KOIN‑6 News reported that the threats came from the Direct Action Alliance, an “antifa”-styled group that “created a Facebook event called ‘Defend Portland from Fascists at the Avenue of Roses Parade.’ The group wanted to disrupt the march because of ‘Nazis and fascists’ participating.”

Now, what you regard as “white supremacist” and what young pseudo-​antifascists think of as “white supremacy” are probably very different. I doubt that many real Nazis and fascists would have marched on Saturday.

But the identification issue is irrelevant. If fascists want to peacefully parade, let them.

What is objectionable? Those who engage in violence to suppress views of which they disapprove.

Also objectionable? The organizers and the City of Roses police, who, by caving in, let free speech and assembly be squelched.

Spontaneous marches did occur on parade day, corralled to the left and right sides of the street. Literally and figuratively. Three violent activists were arrested but not identified by affiliation.

Portlanders used to worry that the clouds would rain on their parades. Now, it is ideological violence casting a dark shadow.

This is Common Sense. I’m Paul Jacob.


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general freedom Regulating Protest too much government

Democracy More Dead

“Turkey’s democracy died today,” CNN headlined its report on yesterday’s national constitutional referendum. The measure contained 18 significant changes designed to further empower the country’s already seemingly all-​powerful President Recep Tayyip Erdogan. 

CNN is behind the times. Turkey hasn’t been a real democracy for some time.

Even before last summer’s coup attempt, as Newsweek informed, President Erdogan launched “attacks on Turkish demonstrators, the press, the Turkish judiciary and police officials launching corruption investigation against him.”

Post-​coup, the gloves really came off. Erdogan declared a state of emergency, firing or suspending over 125,000 government workers and arresting more than 40,000 citizens, including more than 100 journalists.

Freedom of the press no longer exists. 

Considering the tight media controls, the barring of many opposition events and violent attacks on those campaigning against the change, “Many analysts were surprised by the close result,” noted the New York Times. The referendum passed only 51 to 49 percent, losing in the three largest cities: Istanbul, Ankara and Izmir. 

Authorities changed the rules after voting had begun, sparking demands for a partial recount; accusations of election fraud abound. Nonetheless, President Erdogan has declared victory. The outcome is unlikely to be overturned.

Now, he’ll be able to appoint (without any legislative branch check) a majority of the nation’s highest court. He will also be able to issue decrees, previously forbidden. 

Another huge change is re-​setting the term limits clock. Now Erdogan may remain in power until 2029. 

Before our eyes, Turkey has become an authoritarian nightmare. Such a regime cannot be counted as an ally. Yet, with the close vote, don’t count the Turkish people out.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights folly ideological culture moral hazard national politics & policies responsibility

Campus Freedom in Peril

  1. What is the percentage of tenured faculty on American campuses who are still unambiguously on the side of free intellectual exchange?
  2. What is the percentage of them who are willing to express that position openly?

Sociologist Charles Murray asked those questions near the end of his reflections on Thursday’s Middlebury College event, in which his speaking engagement was interrupted by shouting mobs and he and his colleagues were physically attacked*.

Murray thinks the answer to the first question is “more than 50 percent.” He doubts that is the answer to the second.

He is pessimistic about free inquiry on campus.

And has reason to be.

College faculty members are closing ranks, as many at Middlebury did, calling Murray — famous for books such as Losing Ground and The Bell Curve — “a discredited ideologue paid by the American Enterprise Institute to promote public policies targeting people of color, women and the poor”** and “not an academic nor a ‘critically acclaimed’ public scholar, but a well-​funded phony.”

Mark J. Perry has listed many more complaints, all offered as reasons not to listen or debate with the famous intellectual.

That was last Thursday. On Saturday, a pro-​Trump, “Proud Boys” march in Berkeley culminated not only in violence, bloodied faces, destroyed property, but also in the burning of a purloined “Free Speech” placard.

The University of California at Berkeley seems uninterested in controlling the mobs. Berkeley City Police have poorly defended non-​leftist protestors. It’s open season on freedom of speech and the right to peaceably assemble.

Unless something is done, officially, mobbing will be the new normal. And our basic rights? A memory.

This is Common Sense. I’m Paul Jacob.

 

* His colleague Professor Allison Stanger was seriously injured in the riotous shoving and grabbing. Murray tweeted yesterday, “Everybody in the mob could be criminally prosecuted, but those who injured Prof. Stranger must be.”

** It is worth noting that his recent Coming Apart was entirely devoted to the economic performance and culture of white Americans.


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crime and punishment First Amendment rights ideological culture moral hazard national politics & policies responsibility

Wolves Crying Wolf

People have a right to defend themselves. Right? Especially against rape and murder.

“This is not about free speech,” Yvette Felarca yelled to the crowd at the University of California-​Berkeley, gathered weeks ago to “shut down” a scheduled speech by Milo Yiannopoulos, the controversial Breitbart editor.

Felarca, a national organizer for By Any Means Necessary (BAMN)*, the militant group with the incendiary name, argued that Milo wasn’t “interested in any genuine debate.”

She continued, “But what they’re really trying to do is they’re trying to assert their power, threaten us, intimidate us, rape us, kill us! This is real. This is life and death.”

Given such sentiments, it is hardly surprising that the protest turned violent — leaving people beaten, bloody on the pavement, and racking up $100,000 in property damage.

Not to mention causing the cancellation of the talk sponsored by the Berkeley College Republicans. Felarca called this a smashing success. Asked by reporters how she could justify violence to squelch speech, Felarca simply dubbed Milo “a fascist.”

Yesterday, in my Townhall column, “Hate Is Our Business,” I addressed the Southern Poverty Law Center’s just-​released report, “The Year in Hate and Extremism.” The report continued the SPLC’s habit of calling entirely peaceful conservative and religious organizations “hate groups.”

The man who shot a security guard at the Family Research Council in 2012, but was thankfully blocked from further mayhem, used the SPLC’s “Hate Map” to target their office.

In its reports, the “progressive” SPLC completely ignores BAMN and violent left-​wing groups. And by crying wolf in mislabeling non-​violent organizations as “hate groups,” it provides the unhinged — BAMN, Antifa, and lone-​wolf lunatics — very dangerous ammunition.

This is Common Sense. I’m Paul Jacob.

 

* Ms. Felarca also has a day job, as a public school teacher at Martin Luther King, Jr. Middle School in the Berkeley Unified School District. That has generated some controversy.


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Accountability ballot access First Amendment rights general freedom government transparency initiative, referendum, and recall media and media people moral hazard nannyism Regulating Protest too much government U.S. Constitution

Four Measures for Rogue Government

Rule of thumb: don’t enact today laws that, had they been obeyed by folks in the original 13 states of our union, would have prevented independence.

Voters in Missouri, South Dakota, and Washington have the “opportunity” to enact such laws this November.

In “Beware of Anti-​Speech Ballot Measures,” Tracy Sharp and Darcy Olsen, presidents of the State Policy Center and the Goldwater Institute, respectively, offer a warning. Focusing on Measure 22, the South Dakota Government Accountability and Anti-​Corruption Act, they show how dangerous notions like forcing “nonprofit organizations to report the names and addresses of their donors to the state government” can be.

Such disclosure would subject non-​profits “to possible investigation by an unelected ethics board that is given the power to subpoena private documents and overrule decisions made by the state attorney general.…” Rogue, star-​chamber government.

Fever dream?

No. Sharp and Olsen highlight a famous U.S. Supreme Court case that protected the NAACP from the state’s demand for the group’s funding sources. Both women also offer personal tales of how nasty the opposition (in government and out) can become when big issues are on the line.

I can personally attest.

These measures fly in the face of what really matters — encouraging robust public debate. Democracy doesn’t work when people dread participation. As our authors challenge, “[d]o we want America to be a country where government keeps public lists of law-​abiding citizens because they dare to support causes they believe in?”

Especially when, without the secret (unreported!) activities of the Committees of Correspondence, the USA would not have become united states in the first place.

This is Common Sense. I’m Paul Jacob.


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Original (cc) photo by Michael Tracey on Flickr