Tag: Tennessee

Categories
partisanship Regulating Protest Second Amendment rights

Partisanship & Pretense

Tennessee 3, three, guns, bullhorn

Protest is a tricky business. 

Had those in power their druthers, no protest would be allowed. Had those out of power their way, all their demands would be met.

I’d say the necessary middle ground lies in the rule of law.

Did the recent Tennessee legislature’s reaction to three legislators who broke House rules follow the law?

Not according to The Washington Post, which provided the “Democracy Dies in Darkness” spin in the headline: “Tennessee House expels two Democrats in historic act of partisan retaliation.”

In the wake of the shooting at the Covenant School in late March, with its death toll of six, “activists descended on the Tennessee Capitol and demanded that lawmakers pass gun-​control legislation. Republicans, with supermajorities in both chambers, refused to do so. The three lawmakers — dubbed the Tennessee Three — said they joined the protests inside the legislative chamber to speak out for Tennesseans whose voices have been ignored.”

But what they did is disrupt the proceedings of the legislature. Noisily. Angrily. Not-very-reasonably.

While it’s true that the votes to remove two of the three offending members were along partisan lines, it’s also true that all three offending members were unified by party.

But only two were removed from the legislature. Both are black, and the woman not removed is white. So of course the big issue for many became racism.

She escaped expulsion by one vote.

Was that vote racist?

Well, the two who were ousted used bullhorns within the legislative chamber. She did not.

That does seem an extra-​outrageous breach of decorum.

Of course, the whole idea of legislators jumping sides to pretend they are “voiceless” protesters is itself absurd, making the issue here neither partisanship nor racism.

It’s a question of posturing and pretense.

This is Common Sense. I’m Paul Jacob.

Note: After his expulsion last week, the Nashville-​Davidson Metro Council yesterday voted to return Rep. Justin Jones to the state legislature on an interim basis. A special election will be held to fill the seat in the coming months.

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Illustration created with Midjourney /​ DALL-​E2

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Categories
education and schooling judiciary

School Choice Rescued

Tennessee, education, schools

Though not yet a complete victory for school choice, a recent decision by the Tennessee Supreme Court constitutes a big win for the Tennessee Education Savings Account Pilot Program.

The court rejected a major claim in a lawsuit filed by Nashville County and Shelby County to challenge the constitutionality of the program, which awards scholarships up to $7,300 to qualifying students so they can escape failing public schools.

The lawsuit contends that the program flouts a rule prohibiting the state legislature from passing local laws that are “applicable to a particular county . . . either in its governmental or its proprietary capacity.”

Judging that school districts aren’t counties and that the ESA program does not impair the ability of counties to govern themselves, Tennessee’s highest court threw out a determination to the contrary by lower courts and sent the case back down for review of other claims in the lawsuit.

The Institute for Justice and the Beacon Center of Tennessee, which have been working together on the case, are optimistic about the final outcome.

According to IJ attorney Arif Panju, the ruling means that “thousands of Tennessee parents and children trapped in failing school districts can look forward to seeking a better education this fall at a school of their choice.”

In its description of the program, the Tennessee government mentions the lawsuit and expresses the hope that the state will “succeed on appeal” and begin enrolling students in 2022.

This is Common Sense. I’m Paul Jacob.

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Categories
First Amendment rights

Shut Up, the City Council Explained

South Pittsburg council members are tired of criticism.

So they’ve outlawed it.

Officials in the “tidiest town in Tennessee” say that the negativity hampers their work.

According to Ryan Lewis’s report in Times Free Press, the policy, passed in December, forbids city employees, contractors, vendors and “anyone associated with the town in an official capacity who uses social networks” from publishing criticism “about the city, its employees or other associates” on such networks.

Only one council member, Paul King, voted No. The new law is “telling me what I can say at night. I call that freedom of speech. I can’t understand that.”

Jane DawkinsCity officials like Mayor Jane Dawkins (pictured) seem to conflate criticism as such, including merely untrue criticism, with “out-​and-​out lies,” and to regard censoring all criticism as an okay means of preventing alleged lies. But their blanket action goes way beyond any reasonable resort to defamation laws, which require more than mere putative falsehood, let alone putative negativity, to prove an actionable civil wrong.

Even if affected parties were assenting explicitly to the new policy, no agreement to forfeit one’s basic rights — whether freedom of speech or association, trial by jury, or any other — is properly enforceable.

The proper function of government is to protect these rights.

Not to violate them — even if officials are terribly annoyed by their exercise.

Every South Pittsburg council member who voted for this edict should be tossed out of office in the next election. If not sooner.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment education and schooling folly

Nothing to Sneeze At

I don’t believe everything I read. If I did, I’d believe seven incompatible things before breakfast, and by lunch I’d suffer a nervous breakdown.

From a cognitive dissonance overload.

There’s a story just out: A Tennessee teen was allegedly suspended from school for saying “Bless you.”

Un-sneezin’-believable.

I don’t want it to be the case that even the people whose policies I generally oppose — in this case, public school administrators (I think the government school system needs to be opened up, competitive) — can be this outlandishly foolish.

The story comes out of CBS Charlotte. One Ms. Kendra Turner, a senior at Dyer County High, says that she offered a “Bless you” after a classmate had sneezed. And then her teacher reprimanded her, saying (in Ms. Turner’s story) “we’re not going to have godly speaking” in the classroom, and the student protested that it was her “constitutional right.”

The disagreement went to an administrator, and the young lady was booted out of school. The school claims the girl was “disruptive,” which hopefully means something other than saying “Bless you.” The girl’s pastor is concerned, and suspects a very touchy, irreligious teacher.

The story seems preposterous. And yet similar stories elsewhere have been confirmed, usually about non-​existent, symbolic guns. The degree of intolerance amongst today’s cultural vanguard (which includes teachers) for unapproved practices astounds.

There’s almost nothing more innocuous than a “Bless you,” or even a “God bless you.” It’s so traditional it’s hardly even religious.

But this story does have a ring of plausibility. Why? Because there is no level of absurdity — no breach of common sense — that a zealot won’t contemplate.

Especially a zealot in America’s intellectually bankrupt public schools.

This is Common Sense. I’m Paul Jacob.

Categories
insider corruption local leaders

What’s Going On Here?

Sometimes asking “What’s going on here?” (repeatedly) can keep a problem in the public eye — when many who should know better would rather sweep it under the rug. In this case, the problem is $1.6 million unaccounted for in recent Penn Forest Township budgets. The Tennessee township’s annual budget is only $4 million or so.

Former supervisor Paul Montemuro is one of those chastising the current board of supervisors. If they’d “just agree to conduct the forensic audit of the couple of years leading up to 2008, I would shut up,” he says. The board approved that audit in 2012 but has not followed through.

Another fellow not shutting up is township auditor Matt Schutter, elected last November as a Libertarian. Throughout 2014 he has demanded that the audit go forward and township spending be fully accounted for, and has also asked the state attorney general to launch an investigation.

Schutter tells Common Sense that despite sundry harassment, he won’t relax the pressure any time soon. “The board in July meeting voted that no one of the public can speak in a supervisors meeting about the money,” Schutter explains. “At the August meeting, I informed them that they were violating the First Amendment.”

He then formally advised the supervisors that he would pursue further legal action (“under 42 USC 1983!,” pertaining to civil action for deprivation of rights) if they continue violating their oaths of office.

Let’s send about 535 guys like this to Congress.

This is Common Sense. I’m Paul Jacob.

Categories
Tenth Amendment federalism

The Tenth Amendment Movement

When Sarah Palin announced her resignation as governor of Alaska, she caused quite a stir. Both Palin haters and Palin lovers united in their inability to talk about much of anything else. 

Then, a week later, she had an op-​ed on environmental policy published in the Washington Post.

And then, not long after that, she signed a resolution declaring the state of Alaska sovereign under the Tenth Amendment, and telling the federal government to back off from engaging in activities not delegated to it in the United States Constitution.

This sounds weird to lovers of big government, to Palin haters in general. But even some Palin lovers misconstrued the event.

It was not about Sarah Palin. She was not the only governor to sign such a resolution. Tennessee’s Democratic governor, Phil Bredesen, had done the same thing, earlier.

In fact, it’s not about governors at all. Other states, like Oklahoma and New Hampshire, have passed similar resolutions. As I wrote recently at Townhall​.com, “[a]ll these resolutions have passed state legislatures. It’s not just lone ‘whacko’ governors doing the deed. Deliberative bodies have decided these measures.”

What’s happening is the re-​emergence of the original idea of our federation: A central power limited in scope, and states with different sets of powers and responsibilities. 

And people’s rights and powers limiting both. 

Yes, folks, there are signs of hope.

This is Common Sense. I’m Paul Jacob.