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First Amendment rights

We, the Riffraff

Suppose I disagree with you — say, on whether I have the right to bear arms. I favor, you oppose. (We’re just supposing here.)

In the heat of online argument, I call you a scoundrel or other unkind things. I am intemperate but avoid libel or threats. Should I be jailed? (Remember, we’re just supposing here. Don’t call the constables!) 

You and I would say “No.” But we can’t take our freedom of intemperate speech for granted, or our freedom of any speech at all that ruffles the feathers of rulers like those currently ruling the roost in Virginia.

Our forefathers understood the danger of abusing power to squelch dissent. Hence the First Amendment’s sweeping protection of even obnoxious peaceful speech.

Yet right after launching a massive assault on our Second Amendment rights, Virginia legislators are now launching a massive assault on our First Amendment rights. House Bill 1627 would make a Class 1 felony of “Harassment by computer”: “threats and harassment,” “indecent language,” “any suggestion of an obscene nature” when directed against the governor or other Virginia potentates in state government. Possible penalties include jail time.

Who will decide when rhetoric is mean and vulgar, blunt and honest, or some jumble of all the above? Or when the bill’s ambiguous catchall provisions, if enacted, are being violated? 

Why, the only* people it’s meant to protect: those in government … who don’t like it when the people get angry and loud. 

This legislation does not defend you and me. The opposite of the First Amendment, it’s designed to keep us plebs — the riffraff — silent.

This is Common Sense. I’m Paul Jacob.


* The special protection pointedly covers only “the following officials or employees of the Commonwealth: the Governor, Governor-​elect, Lieutenant Governor, Lieutenant Governor-​elect, Attorney General, or Attorney General-​elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.”

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Second Amendment rights

Poked, Stoked and Woke

“Let’s have an honest conversation based on fact,” Virginia Gov. Ralph Northam chided in his annual State of the Commonwealth speech before assembled legislators last week. 

“Not fear.”

Last year, fear was more popular. In the frightful aftermath of a Virginia Beach city employee shooting and killing 12 co-​workers, Northam was quick to call a special session of the legislature to pass gun control legislation. 

Republicans said no, however, and adjourned.

With Democrats newly in control of both chambers of the state legislature, the governor now runs interference for “a package of eight gun-​restricting measures, including universal background checks; banning assault-​style weapons; requiring owners to report lost or stolen guns; and a ‘red flag law’” — along with raising the legal age to purchase a gun from 18 to 21. 

“When the General Assembly passes new guns safety laws,” proclaims Attorney General Mark Herring, a Democrat, “they will be enforced, and they will be followed.”

In response, Virginia’s many Second Amendment defenders are stepping up. Already, more than 110 cities and counties have declared their status as Second Amendment sanctuaries.

“These resolutions have no legal force,” informs the AG, adding, “and they’re just part of an effort by the gun lobby to stoke fear.”

Oh, yes, unmistakable stoking has occurred. On January 20, the Virginia Citizens Defense League is organizing a massive lobby day at the capital, where the stoked will politically poke their delegates.

Join us.

This is Common Sense. I’m Paul Jacob.


* You may recall Northam as that fellow whose personal medical school yearbook page contained a photo of a man in black-​face next to someone donning a KKK robe. First, the governor apologized, then reversed course, claiming he had no idea how the picture mysteriously materialized into the yearbook — though he acknowledged other instances of wearing black-​face in the past. A limited investigation by a law firm hired by the medical school came to no conclusion and the media seemed to move on.

** Herring apologized for his own blackface past.

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ideological culture scandal

Northam Exposure?

Hear that?

It’s the faint sound made by an incredibly perfunctory effort to get to the bottom of the yearbook scandal that has cast, shall we say, a blackface shadow over Virginia Governor Ralph Northam.

Back in February, news broke that the governor’s personal page in the 1984 Eastern Virginia Medical School (EVMS) yearbook contained a photograph of one person in blackface next to another wearing Ku Klux Klan robes and hood. 

“That photo and the racist and offensive attitudes it represents does not reflect that person I am today.…” Gov. Northam offered. “I am deeply sorry. I cannot change the decisions I made, nor can I undo the harm my behavior caused then or today.”

The next day, Northam recanted, claiming that neither the painted nor hooded head was his, and bafflement as to how the photo got onto his page.

The media hasn’t been digging into the story, but the McGuireWoods law firm was hired by EVMS to “independently” investigate.* Yesterday, the firm released a 55-​page report that couldn’t say one way or the other about the who or the how of his yearbook page photo — while acknowledging that “one witness has reported to us that he recalls reviewing the Governor’s personal yearbook page with the Governor in 1984.”

Apparently, Northam’s staff had provided various options for responding to the “chaotic” media frenzy, including a “full denial” and “full acceptance.” 

Talk about zeroing in on a plan.

“I always rely on my communications people,” Northam told investigators. “I don’t know why the statement went in the direction it did.”

There may be many courses of action, but only one truth. Which is what Gov. Northam should have chosen.

This Common Sense. I’m Paul Jacob.


* The Portsmouth NAACP’s James Boyd expressed “zero trust” in the investigation, calling the law firm “attorneys for Ralph.”

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