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To: Sully- who wrote (23016)12/1/2006 12:54:44 PM
From: Sully-  Respond to of 35834
 
Thinly disguised war on Christianity thrives

By David Limbaugh
Townhall.com Columnist
Friday, December 1, 2006

In this self-congratulatory age of multiculturalism and hyper-tolerance, what religion other than Christianity is treated as inherently offensive? In fact, haven't our cultural high priests instructed that we dare not find other religions offensive, but must even enthusiastically embrace them for contributing to our diversity of ideas and values?

Of course they have, but that admonition -- as all but the most inattentive recognize -- doesn't apply to Christianity, as this year's annual war on Christmas demonstrates once again.

The city of Chicago asked organizers of the German Christkindlmarket, a downtown Christmas festival, to reject New Line Cinema as a sponsor because its advertisements for the movie "The Nativity Story" might offend non-Christians.

Isn't that line getting a little old, especially in a nation where some 90 percent of the people supposedly identify themselves as Christians? It's always easy to say people might be offended, because some people are always in a desperate hurry to be offended.

But what is more likely is that activist organizations like the ACLU, various atheist groups and other radical secularists want to create the impression that Christianity is offensive in order to diminish its influence and its presence in the public square.

But since we're talking about offensiveness, how about the sensibilities of Christians? Isn't it far more reasonable for Christians to be offended at the banishment of their displays from the public square than for non-Christians to be offended at their presence?

Yet this obsession with scrubbing away Christianity from public places suggests there is something offensive about Christianity. I wish just once some of these anti-Christian charlatans would be asked to specify precisely which of Christ's teachings they find offensive -- other than perhaps his unequivocal pronouncement of absolute moral standards.

Secular leftists usually tell us that their primary interest in these matters is to ensure that our society and our laws guarantee religious freedom for all. But this nativity flap is one of many that reveal their true mindset, which is hardly as pluralistic and tolerant as they would have us believe.

If religious freedom were their driving motivation, they would be on the side of the German Christlkindmarket, and its unfettered right to choose its own sponsors. Shouldn't those who boast of their commitment to religious liberty fight for the right of entrepreneurs to promote Christian-based movies or themes?

But these secular objectors aren't committed to religious liberty across the aboard as they claim, because their tolerance and pluralism don't extend to Christianity, for which they have an obvious hostility.

I saw one propagandist disguised as an ACLU lawyer in an interview on "Fox News" defending Chicago's policy as a vindication of the Constitution's guarantee of church/state separation. Of course, this "constitutional lawyer" has to know better than that the Constitution contains any such guarantee.

Indeed, most of the opponents of the ad aren't seriously objecting on constitutional grounds because even the ridiculously distorted judicial precedent that has turned the First Amendment Establishment Clause into a sword against -- instead of a shield for -- religious freedom won't help them here. Instead -- as mentioned -- they are hanging their hats on the presumed "offensiveness" of Christianity.

People would be well served to understand the differences in these issues. While Christians don't set out to offend others, we must be clear that there is no right in the Constitution not to be offended. But there is a right to religious liberty, and it even applies to Christians.

The Framers deemed this right so important that they made it the subject of the very first two clauses of the very First Amendment: the Establishment Clause and the Free Exercise Clause, both of which were designed to safeguard religious liberty, not to separate church and state.

The Establishment Clause was intended to protect religious liberty by preventing the federal government from establishing a national church or religion. The Free Exercise Clause sought to do so by guaranteeing our right to worship as we please.

The zealous advocates of church/state separation and the opponents of Christian expression in the public square, in the name of promoting religious liberty go a long way toward selectively suppressing religious liberty: that of Christians.

So when you read about such controversies as the one involving the German Christkindlmarket, try to look behind the deceptive claims of the secular activists who are at best fair weather champions of tolerance, pluralism or constitutional religious liberty.

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert in law and politics and author of Bankrupt: The Intellectual and Moral Bankruptcy of Today's Democratic Party.

townhall.com



To: Sully- who wrote (23016)12/1/2006 1:53:08 PM
From: Sully-  Read Replies (1) | Respond to of 35834
 
    "[I]f the court does not stop talking about the separation 
of church and state, people are going to start thinking it
is part of the Constitution."

How We Will Lose Our Freedom of Speech

By Selwyn Duke
American Thinker

If people were asked about actor Michael Richards' epithet-laced outburst at a Los Angeles nightclub, there would be a lot of focus on the verbal assault but very little on an assault on freedom of speech. In truth, however, if there's anything at all relating to this story that rises above gossip-column fodder, it's that it's also fuel for demagogues who seek control over discourse in America.

Representing the two targets of Mr. Richards' bile, Frank McBride and Kyle Doss, "civil rights" attorney Gloria Allred appeared on Hannity and Colmes Thanksgiving eve. The stone-faced Allred opened with a very telling assertion, boldly proclaiming, "This is not free speech, this is hate speech!"

This was no spontaneous statement. No, it was well-crafted and calculated and, I believe, designed to serve a far more insidious end than simply extracting money from a goofy comedian. Let's examine this with the introduction of a subject that on the surface seems unrelated.

As a dissenting justice in the 1958 Baer v. Kolmorgen case, one Judge Gallagher is quoted as having warned that "if the court does not stop talking about the separation of church and state, people are going to start thinking it is part of the Constitution."

But the courts didn't stop, and the result is that four decades later this "fact" is imprinted upon the American mind. So much so, that now the average Joe has been inured to the denuding of the public square of historic religious symbols out of respect for this supposed "principle" of the Constitution.

And this is why Allred's statement bears mention. There are social engineers in our time - and I count Allred among them - who are trying to imbue the American mind with the notion that so-called "hate speech" is not protected under the First Amendment. Now, let's try to understand how this will be effected by taking a lesson in social engineering 101.

First, use the term "hate speech" as much as possible so as to burn it into the lexicon and establish it as a category unto itself. And it's not hard. This has already been accomplished with terms/concepts such as "sexual harassment" and, the concept of which hate speech is a corollary, "hate crime." Then, be sure to juxtapose the two terms frequently, as beautifully illustrated by Gloria Allred herself. Saying "This is not free speech, this is hate speech!" creates further separation between the two, cementing the notion that they are starkly different verbal species. Once this is accomplished, the idea that the latter is protected by the former may seem laughable.

Understand in its entirety what is being achieved here.
Not only will this strategy persuade many legislators and judges that hate speech isn't protected under the Constitution and therefore can be criminalized, it will also influence the man on the street. And this harks back to the old advice, "If you really want something, act like you already have it." As long as you continually condemn "hate speech" and juxtapose it with "free speech," more and more people will assume that it already is illegal. And once enough Americans believe this, all that is left is to make it official. And the beauty of this is that you don't even have to lie. Success hinges mainly on the positioning of words, timing, tone and, most of all, re-pe-ti-tion.

Oh, you think it won't work?

To a great degree it's already a fait accompli.
After decades of positioning (this refers to Italian Marxist philosopher Antonio Gramsci's idea about the placement of leftist ideologues in positions of influence for the purposes of altering the culture), with social engineers in academia, the media, entertainment and various organizations and activist groups, it isn't uncommon to find Americans possessed of this lie. I myself have met them, and even pundit Bill O'Reilly uttered this misconception on his cable television show. Remember, as eighteenth century philosopher William James said, "There is nothing so absurd but if you repeat it often enough people will believe it."

Ah, but there is that impediment called the Constitution. Or, not really. Although some fancy it to be an insurmountable bulwark against tyranny, it erects no wall so high that it cannot be scaled by justices corrupted by popular swill and emboldened by popular will. Just as they were able to perform the intellectual contortions necessary to read the separation of church and state into the First Amendment, so will they read freedom of speech out of it. Although, how it will happen is not entirely uninteresting.

Since many western nations, such as Australia, Canada and England, already have hate speech laws, there is precedent for them. But foreign precedent doesn't constitute American legal precedent, you say? Well, then you forget that there is precedent for the idea of considering it precedent. Supreme Court Justice Ruth Bader Ginsberg herself once said, "We must look for inspiration beyond our borders, to the laws and constitutions of other nations." And she is no lone gunman. Sandra Day O'Connor and others have expressed similar sentiments.

Hate speech laws will come in like March goes out: Like a lamb. Most people won't object because, after all, who should be using offensive epithets anyway? I mean, common decency informs that a "good" person would prohibit such things. But it will be more like the ides of March.

But what am I talking about? Well, if you really take Ginsberg's advice and examine the "laws of other nations," you'll see that hate speech legislation was quickly broadened beyond the proscription of epithets to encompass unfashionable beliefs.

"Aha! So this will be the poison pill that disenamors people of this scheme! Surely the average person doesn't want to see legitimate dissent squelched," you say? Ah, you have much to learn.

A good salesman doesn't give specifics, knowing full well that many won't read the fine print. When we first sold people on the separation of church and state, we billed it as a defense against the imposition of religion. If we had told Americans that this principle would expand inexorably and one day be used to tear crosses off city seals and property, remove religious statues, ban the singing of Christmas carols in schools, rename Christmas Trees "Holiday Trees," and that ne'er do wells would seek to remove the word "God" from the pledge and currency, they would have balked. So we just marketed the idea as a way to protect Americans' rights. And that's exactly how we'll peddle this.

And you don't have to worry about people uncovering our machinations.
Most people don't think about the law of unintended consequences - or the law of intended consequences of unintended motivations - and "most people" is all we need to effect our will. Most people, be they laymen, legislators or judges, will know no better. And many of those who will, will be our well "positioned" operatives.

And what of the rest? What of those troublesome prophetic voices of doom? They won't be a problem. Oh, they'll be warning of how hate speech laws in other western nations have been used to imprison people for speaking in accordance with their consciences. They will mention how Canadians Mark Harding and Hugh Owens were punished for, respectively, criticizing Islam and homosexuality. They'll cite the story of English schoolgirl Codie Stott, who was jailed on a "racial offense" after requesting to be seated with English-speaking students. Or, they may mention the case of Ake Green, a Swedish pastor who was jailed for criticizing homosexuality in a sermon. And they'll also point out that freedom of speech is not freedom of speech at all unless it protects even the most unpopular speech, for popular speech's popularity is protection enough. Yes, they'll warn about the perils of setting dangerous precedents and that one thing leads to another. All to no avail.

You see, good chess players are rare. Most don't think a few moves ahead. And the "watchdog" of the mainstream media? Surely you jest; it's more like our lapdog.
We can count on it to print neither articles like this one nor stories like the above, lest such admonitions rouse Americans from their slumber. Instead, along with Hellywood and academia, it will do its best to convince all that the grand imperative of silencing the occasional acid-tongued bigot justifies the rending of the First Amendment. Thus, those prophetic voices will remain in the darkness, a location from which credibility is ever elusive. After all, if some a half century ago had predicted that the principle of the separation of church and state would be used as it has been, they would have been thought crazy. Likewise, mere laughter and a rolling of the eyes will suffice in answer to today's prescient minds.

Once support for the criminalization of hate speech has galvanized, we'll have legislation. And once the legalistic rationalization that allows for it permeates enough jurists' minds, we'll have it upheld in court. Then, with the principle of hate speech enshrined in American law, it will be open season on positions contrary to those of the positioned. Once an unacceptable belief is identified, our culture-shapers in the media, entertainment and academia will simply define it as "hateful" and beat that drum until it becomes the next supposition. And then the legal definition will be sure to follow.

And hegemony will be ours. As it is, the media, entertainment realm and academia sing our tune. Even corporations feel the pressure, as evidenced by their sensitivity training classes, support of politically correct causes, refusal to support traditional ones, and the limiting of the dissemination of politically incorrect ideas by certain Internet entities. Yes, we have done our best to imprison dissenting voices in that small, dark box. The last piece of the puzzle is the destruction of that box. And then America will be a beautifully dark place indeed.

Contact Selwyn Duke
americanthinker.com



To: Sully- who wrote (23016)12/1/2006 6:05:36 PM
From: Sully-  Respond to of 35834
 
Eroding Our Own Freedoms

Granddaddy Long Legs

I've said it over and over again, and I'll say it again. People have no Constitutionally guaranteed right to "criticism-free" speech. I'm so tired of people like the Dixie Chicks, Martin Sheen and Barbara Streisand acting as though we live in a true state of despotism where they have been jailed and tortured for their outbursts against the ruling class. There is an undeniable difference between losing popularity for one's words and actions and losing one's freedom for them. A little perspective is merited here. I should also point out that there is a potent difference between "criticism" and "marginalization," and that railing against a speaker's position is not synonymous with silencing him completely.

More importantly, the American populace needs to be reminded that "freedom of speech" should not be confused with "freedom from offense."
What ever happened to "stick and stones may break my bones...?" Whatever happened to embracing the American melting pot? There is a very real sense among Americans today (mostly on the far left), that none of their detractors have a Constitutionally-protected right to piss them off, to put them down or to question the wisdom and efficacy of their socio-political ideology. That is flat-out wrong. I challenge any one of these intolerant fanatics to show me exactly where in the Constitution that protections for "an unwounded inner child" are laid out.

To put it simply, too many people are content to suppress others' free speech rights simply because they do not want to ever come into contact with differing perspectives. Can Christians hang a banner in the town square that reads, Merry Christmas? Of course not. Somehow, that has been misconstrued as an official endorsement of one particular region by the United States Congress. Can an anti-illegal immigration activist speak on campus? Of course not. Liberal professors have unleashed their storm troopers to ensure that his message will never be tolerated or even heard. Can a pro-life group organize a display of peaceful protest? Of course not, pro-abortion students, led by a pro-abortion staff, feel they have an obligation and the right to squash any displays of opposing thought.

If there are "brownshirts" in this country, they are most certainly on the left, as this piece in the San Francisco Gate details:


<<< America's college campuses, once thought to be bastions of free speech, have become increasingly intolerant toward the practice. Visiting speakers whose views do not conform to the prevailing left-leaning political mind-set on most campuses are at particular risk of having their free speech rights infringed upon.

While academia has its own crimes to atone for, it's the students who have become the bullies as of late. A disturbing number seem to feel that theirs is an inviolate world to which no one of differing opinion need apply. As a result, everything from pie throwing to disrupting speeches to attacks on speakers has become commonplace.

Conservative speakers have long been the targets of such illiberal treatment. The violent reception given to Jim Gilchrist, founder of the Minuteman Project, an anti-illegal immigration group, at Columbia University in October is a recent example. Gilchrist had been invited to speak by the Columbia University College Republicans, but was prevented from doing so by an unruly mob of students. What could have been mere heckling descended into yelling, screaming, kicking and punching, culminating in the rushing of the stage and Gilchrist being shuttled off by security.

The fact that the rioting students could be heard yelling, "He has no right to speak!" was telling. Apparently, in their minds, neither Gilchrist nor anyone else with whom they disagree has a right to express their viewpoints. In any other setting this would be called exactly what it is -- totalitarianism. But in the untouchable Ivy League world of Columbia, it was chalked up to student activism gone awry. While condemning the incident, Columbia University President Lee Bollinger has yet to apologize to Gilchrist or to conclude the supposed investigation into the affair. In other words, mob rule won the day. >>>

The writer goes on to detail specific incidents that she titled: Bay Area PC Intolerance / Muslim Reformers Silenced / Terrorists Recant / Illiberal Mob Rule. See link below to read the whole thing. But I want to tie these acts of speech suppression with a larger problem facing Western civilization.

It is most disturbing to me that these are acts of self-censorship by the people of Western society. While worshipping at the almighty alters of political correctness and multiculturalism, we have voluntarily taken up the call to curb our own precious freedoms. For all of the hyperbolic talk emanating from the left about Bush's "fascist state", the real fascism appears to be home-grown. Its seeds were sewn years ago by self-deprecating Westerners, and the harvest has brought us an increasingly hostile civilization that is slowly becoming "Orwellian."

By popular demand, we now have laws against "hate speech," we have laws against "hate crimes," and we have a growing collegiate network of "thought police." Although these actions were initiated with the best of intentions, they have devolved into nothing more than attempts by a self-righteous group that views itself to be "tolerant" to stifle the opinions of those they deem to be "intolerant." The problem lies in the fact that we all have differing opinions of morality, but those in charge get to officially declare what is right and what is wrong, and what is acceptable and what is unacceptable. A good example of this comes from Penn State's statement on "Nondiscrimination and Harassment"
(emphasis mine):

<<< The Pennsylvania State University is committed to the policy that all persons shall have equal access to programs, facilities, admission, and employment without regard to personal characteristics not related to ability, performance, or qualifications as determined by University policy or by state or federal authorities. It is the policy of the University to maintain an academic and work environment free of discrimination, including harassment. The Pennsylvania State University prohibits discrimination and harassment against any person because of age, ancestry, color, disability or handicap, national origin, race, religious creed, sex, sexual orientation, or veteran status. Discrimination or harassment against faculty, staff, or students will not be tolerated at The Pennsylvania State University. >>>


This all boils down to the assertion that... incidents of intolerance will not be tolerated. Have these people ever heard of the word, paradox?

The problem here is that there is no definition of what constitutes "harassment."
If a Muslim student has to walk past a chapel on the way to class, is that harassment? If College Republicans hold a public lecture about the inherent unfairness of affirmative action and a black student on an A/A scholarship disagrees, has that student been harassed? If a Catholic student group requires that a student be Catholic to join, is that discriminatory? If a Muslim group holds an anti-Israel rally on Campus, and a Jewish student is confronted by the mob, has that student been harassed? All of these are very real scenarios. I think you can all guess how University administrators would respond to each scenario, without any regard for blind consistency.

Most liberal University administrators adhere to the policy of "minority rule." These people harbor strong feelings of white colonialist guilt in a Western society that they believe has sinned so badly. Their actions expose their belief that being non-white/non-Judeo-Christian means never having to say you're sorry for your own acts of harassment and intolerance, which are labeled "activism" by the University elites. More importantly, a generation of students who have been indoctrinated with the liberal orthodoxy of self-loathing are transforming our society into one that focuses only on the negatives of our past. These ideologues are the people responsible for "self-censoring" our free society into a hybrid-fascist state, and slowly turning back the clock to a pre-enlightenment era:


<<< Our current crisis is not yet a catastrophe, but a real loss of confidence of the spirit. The hard-won effort of the Western Enlightenment of some 2,500 years that, along with Judeo-Christian benevolence, is the foundation of our material progress, common decency, and scientific excellence, is at risk in this new millennium.

But our newest foes of Reason are not the enraged Athenian democrats who tried and executed Socrates. And they are not the Christian zealots of the medieval church who persecuted philosophers of heliocentricity. Nor are they Nazis who burned books and turned Western science against its own to murder millions en masse.

No, the culprits are now more often us. In the most affluent, and leisured age in the history of Western civilization--never more powerful in its military reach, never more prosperous in our material bounty--we have become complacent, and then scared of the most recent face of barbarism from the primordial extremists of the Middle East.

[...] Note also the constant subtext in this new self-censorship of our supposedly liberal age: the fear of radical Islam and its gruesome methods of beheadings, suicide bombings, improvised explosive devices, barbaric fatwas, riotous youth, petrodollar-acquired nuclear weapons, oil boycotts and price hikes, and fist-shaking mobs, as the seventh century is compressed into the twenty-first.

In contrast, almost daily in Europe, "brave" artists caricature Christians and Americans with impunity. And we know what explains the radical difference in attitudes to such freewheeling and "candid" expression--indeed, that hypocrisy of false bravado, of silence before fascists and slander before liberals is both the truth we are silent about, and the lie we promulgate.

There is, in fact, a long list of reasons, among them most surely the assurance that cruel critics of things Western rant without being killed. Such cowards puff out their chests when trashing an ill Oriana Fallaci or a comatose Ariel Sharon or beleaguered George W. Bush in the most demonic of tones, but they prove sunken and sullen when threatened by a thuggish Dr. Zawahiri or a grand mufti of some obscure mosque.

[...] After the horror of September 11, we in our sleep were also given a jolt of sorts, presented with enemies from the Dark Ages, the Islamic fascists who were our near exact opposites, who hated the Western tradition, and, more importantly, were honest and without apology in conveying that hatred of our liberal tolerance and forbearance. They arose not from anything we did or any Western animosity that might have led to real grievances, but from self-acknowledged weakness, self-induced failure, and, of course, those perennial engines of war, age-old envy and lost honor--always amplified and instructed by dissident Western intellectuals whose unhappiness with their own culture proved a feast for the scavenging Al-Qaedists.

By past definitions of relative power, al-Qaeda and its epigones were weak and could not defeat the West militarily. But their genius was knowing of our own self-loathing, of our inability to determine their evil from our good, of our mistaken belief that Islamists were confused about, rather than intent to destroy, the West, and most of all, of our own terror that we might lose, if even for a brief moment, the enjoyment of our good life to defeat the terrorists. In learning what the Islamists are, many of us, and for the first time, are also learning what we are not. And in fighting these fascists, we are to learn whether our freedom can prove stronger than their suicide belts and improvised explosive devices.

So we have been given a reprieve of sorts with this war, to regroup; and, in our enemies, to see our own past failings and present challenges; and to rediscover our strengths and remember our origins. We can relearn that we are not fighting for George Bush or Wal-Mart alone, but also for the very notion of the Enlightenment--and, yes, in the Christian sense for the good souls of those among us who have forgotten all that as they censor cartoons and compare American soldiers to Nazis. >>>

This is only a small portion of the editorial. Click here to read the whole thing.
opinionjournal.com

(ht: BCB & Professor Mike S. Adams writing for HEO)

granddaddylonglegs.blogspot.com

sfgate.com

firstamendmentcenter.org

badgerherald.com

tlt.psu.edu

dictionary.reference.com

granddaddylonglegs.blogspot.com

opinionjournal.com

bluecrabboulevard.com

humanevents.com



To: Sully- who wrote (23016)6/29/2007 5:28:43 PM
From: Sully-  Respond to of 35834
 
    First and foremost: The more overtly political the speech 
is, the more protected it must be. The First Amendment was
not intended to protect pornographers, strippers or the
subsidies of avant-garde artistes who think the state
should help defray the costs of homoerotica and
sacrilegious art. This isn't to say that "artistic"
expression doesn't deserve some protection, but come on.
Our free-speech rights were enshrined in the Constitution
to guarantee private citizens - rich and poor alike - the
right to criticize government without fear of retribution.

(Free) Speech Disorder

By Jonah Goldberg
Townhall.com Columnists
Friday, June 29, 2007

There are few areas where I think common sense is more sorely lacking than in our public debates over free speech, and there's no better proof than two recent Supreme Court decisions.

But before we go there, let me state plainly where I'm coming from. First and foremost: The more overtly political the speech is, the more protected it must be. The First Amendment was not intended to protect pornographers, strippers or the subsidies of avant-garde artistes who think the state should help defray the costs of homoerotica and sacrilegious art. This isn't to say that "artistic" expression doesn't deserve some protection, but come on. Our free-speech rights were enshrined in the Constitution to guarantee private citizens - rich and poor alike - the right to criticize government without fear of retribution.

Now, there are commonsense exceptions to this principle. Not only can the state ban screaming "fire!" in a crowded movie theater, it can ban screaming "Vote for Cheney in '08!" in a theater, too (or, more properly, it can help theater owners enforce their bans on such behavior).

A better example of an exception would be schools. Students can't say whatever they want in school, whenever they want to say it, because schools are special institutions designed to create citizens out of the malleable clay of youth. Children aren't grown-ups, which is one of the reasons why we call them "children."

Making citizens requires a little benign tyranny, as any teacher (or parent) will tell you. If this weren't obvious, after-school detention would be treated like imprisonment and homework like involuntary servitude.

For a long time, we concluded the best way to protect political speech was to defend other forms of expression - commercial, artistic and just plain wacky - so as to make sure that our core right to political speech was kept safe. Like establishing outposts in hostile territory, we safeguarded the outer boundaries of acceptable expression to keep the more important home fire of political speech burning freely. That's why in the 1960s and 1970s, all sorts of stuff - pornography, strip clubs, etc, - was deregulated by the Supreme Court on the grounds that this was not legitimate "expression" of some sort.

Also, in 1969, the Supreme Court ruled in Tinker v. Des Moines, that students don't "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

This always struck me as preposterous.
Of course students shed some of their rights at the schoolhouse gate. That's the whole idea behind the concept of in loco parentis. Teachers and administrators get to act like your parents while you're at school. And parents are not required to respect the constitutional rights of their kids. Tell me, do hall-pass requirements restrict the First Amendment right of free assembly? Don't many of the same people who claim that you have free-speech rights in public schools also insist that you don't have the right to pray in them?

Still, such buffoonery would be pardonable if the grand bargain of defending marginal speech so as to better fortify the protective cocoon around sacrosanct political speech were still in effect. But that bargain fell apart almost from the get-go. At the same moment we were letting our freak flags fly when it came to unimportant speech, we started turning the screws on political speech. After Watergate, campaign finance laws started restricting what independent political groups could say and when they could say it, culminating in the McCain-Feingold law that barred "outside" criticism of politicians when it would matter most - i.e., around an election.

And that's why we live in a world where cutting NEA grants is called censorship, a student's "Bong Hits 4 Jesus" sign is hailed as vital political speech, and a group of citizens asking fellow citizens to petition their elected representatives to change their minds is supposedly guilty of illegal speech.

That is until this week. In one case, the Supreme Court ruled that a student attending a mandatory school event can be disciplined by the school's principal for holding up a sign saying "Bong Hits 4 Jesus," and in another it ruled that a pro-life group can, in fact, urge citizens to contact their senators even if one of the senators happens to be running for re-election. Staggeringly, these were close and controversial calls.

Many self-described liberals and reformers think it should be the other way around. Teenage students should have unfettered free-speech rights, while grown-up citizens should stay quiet, like good little boys and girls. Thank goodness at least five Supreme Court justices disagreed.

Jonah Goldberg is editor-at-large of National Review Online.

townhall.com



To: Sully- who wrote (23016)2/13/2009 8:07:54 AM
From: Sully-1 Recommendation  Read Replies (8) | Respond to of 35834
 
Blowing Smoke

Mark Steyn
The Corner

One of our Powerline pals, John Hinderaker, sends a note re Oliver Wendell Holmes:

<<< Even among American constitutional law scholars, the "fire in a crowded theater" analogy is generally understood to be dumb. I took Constitutional Law from Paul Freund, one of the great scholars in the field—among other things, he was the guy who worked with John and Bobby Kennedy to lay the constitutional foundation for the Civil Rights Act. Anyway, he pointed out in class that yelling "fire" in a theater is exactly the same as pulling the fire alarm. It isn't really "speech" for First Amendment purposes at all, any more than pulling a fire alarm is "speech." Or, to take another example that I came up with, if a mobster says "Shoot him, Bugsy," and Bugsy shoots him, and the mobster is prosecuted for murder, he doesn't have a First Amendment defense.

The First Amendment is intended to protect debate and discussion about issues of public concern—e.g., your books—not the giving of orders or false fire alarms. Not nude dancing either, by the way, but that's one of many the Court got wrong. >>>


The censorship crowd really need to come up with a new cliche. The only other scholarly/historical reference to come up at my testimony in Ontario was the old "No Irish Need Apply" canard, used by a socialist member to justify "hate" laws. "No Irish Need Apply" was a big 19th century pop song that's somehow been mistaken for a social phenomenon. It's as if, at congressional hearings circa 2109, "Monster Mash" were to be solemnly cited as evidence of vampiric partying in the late 20th century.

corner.nationalreview.com



To: Sully- who wrote (23016)1/21/2010 2:51:21 PM
From: Sully-  Respond to of 35834
 
Supreme Court affirms First Amendment, strikes down spending limits for corporations, unions

UPDATED: McConnell elated

By: Mark Tapscott
Editorial Page Editor beltway-confidential
01/21/10 11:45 AM EST

Campaign finance spending limits on corporations and unions are unconstitutional, according to the U.S. Supreme Court in its decision released today in the case of Citizens United v. Federal Election Commission.

The 176-page decision is an unusually long one, and it strikes down one of the key provisions of campaign finance law enacted in the Bipartisan Campaign Reform Act of 2002, aka "McCain-Feingold." You can read the text of the decision here.

The decision will no doubt spark renewed national debate about the propriety of Congress banning broadcast political advertisements aimed at named incumbents in the days leading up to congressional elections.

For the moment, David Bosse of Citizens United, who brought the case four years ago, issued a statement hailing the court's decision:

“Today’s U.S. Supreme Court decision allowing Citizens United to air its documentary films and advertisements is a tremendous victory, not only for Citizens United but for every American who desires to participate in the political process.

“As our case amply demonstrates, campaign finance legislation over the last two decades has imposed, as Justice Kennedy put it, a “censorship . . . vast in its reach.” By overruling Austin v. Michigan Chamber of Commerce and striking down McCain-Feingold’s ban on so-called electioneering communications, the Supreme Court has made possible the participation in our political process that is the right of every American citizen – a right that had been severely curtailed under McCain-Feingold.

“This is a victory for Citizens United, but even more so for the First Amendment rights of all Americans. The fault line on this issue does not split liberals and conservatives or Republicans and Democrats. Instead, it pits entrenched establishment politicians against the very people whom they are elected to serve."

UPDATE: Sen. Mitch McConnell praises decision

Senate Minority Leader Mitch McConnell, who led the legal effort against McCain-Feingold, issued this reaction to the decision:

“For too long, some in this country have been deprived of full participation in the political process. With today’s monumental decision, the Supreme Court took an important step in the direction of restoring the First Amendment rights of these groups by ruling that the Constitution protects their right to express themselves about political candidates and issues up until Election Day. By previously denying this right, the government was picking winners and losers. Our democracy depends upon free speech, not just for some but for all.”

washingtonexaminer.com



To: Sully- who wrote (23016)3/15/2010 10:18:50 PM
From: Sully-  Respond to of 35834
 
Backing Away from the Wall

By Ben Voth
American Thinker

It is an article of faith on the left that a "Wall" separating church and state justifies hounding religion out of the public square. But the federal courts have been backing away from that metaphor.

March 11, 2010 may go down as another politically historic day. On that date, the 9th Circuit Court of Appeals in San Francisco voted in a 2-1 decision that the phrase "under God" in the Pledge of Allegiance is constitutional. This surprising verdict from the most overturned federal appeals courts in the nation must have come as a shock to Michael Newdow, who had previously won and then lost this argument before on the technical grounds of standing.

Newdow considered it American political bedrock that, as Thomas Jefferson had written to Danbury Baptists in 1802, the Constitution erected "a wall separating church and state." Such an edifice meant that he could remove the pledge from the public school classrooms for much of America.

In 1878, the U.S. Supreme Court for the first time made reference to this infamous metaphor when it defended its refusal to allow Mormons the free exercise of religion to practice polygamy in the Utah territories. In the Court's view, such a change in the religious establishment of marriage would have breached the wall protecting, among other things, the view that marriage is between one man and one woman. It was not, however, until 1947, in the Everson case, that the Supreme Court again used the metaphor of a wall separating church and state. Justice Hugo Black's vivid description of how a wall separating church and state "protects society from the dangerous excesses of religious communities" became the legal boilerplate that Newdow and so many other anti-religious advocates remain enamored of to this day. Though the 5-4 decision allowed the busing of Catholic students by the public school system, the rhetoric of Black captured the modern imagination in suggesting that the First Amendment religion clauses are supposed to "protect" the general public from the excesses of religion.

Over the course of more than a dozen decisions, Justice Black etched into American jurisprudence a decidedly anti-religious view of the First Amendment religion clauses. He authored the majority opinion in Engel v. Vitale that outlawed prayers led by public school officials which remains one of the Court's most controversial pronouncements. For almost 25 years, until his retirement in 1997, Black created and supported the distinctive view that the religion clauses constitute a barrier to religion in the public life of America.

By the 1980s, justices such as Antonin Scalia were complaining that the erratic application of the "impregnable wall" concept was more akin to a "bulldozer" -- moving religion out of America's public life.
The Supreme Court was almost immediately upon Black's retirement trying to take his ardent defense of the metaphor into retirement as well by adopting more mitigated views of church and state -- such as the famous Lemon Test. Despite the Court's increasing rejection of the metaphor -- with the notable exception of Justice John Paul Stevens -- advocacy groups such as "Americans United for Separation of Church and State" have made their political fortunes on the premise that such a metaphor is the best possible interpretation of the religion clauses.

For the reactionary left, the wall separating church and state is among the most visceral metaphors that anchors the movement. In the 1990s, I can recall graduate students assuring me in my lectures that the wall separating church and state was not really a metaphor, but the actual text of the Constitution. That peculiar intensity of literalization was an indicator of how powerful these advocacy groups were in impressing journalists, politicians, and the public as to what our constitutional rights are regarding religious liberty within the controlling metaphor of a wall.

Much like the stunning Senate results in Massachusetts, the 9th Circuit decision from San Francisco about "under God" in the U.S. Pledge is a cultural shock to the reactionary left encountering the social limits of their agenda.

The nation is not prepared to accept the secularization of American life or an insidious ethic whereby atheists simply insinuate an insult in every public utterance of religion so they can erase religious practice from the social landscape. Such a practice has more in common with the French Revolution than it does with the American political experiment. It does seem that the Wall is finally coming down. Even the 9th Circuit seems to have finally gotten the memo that the era of separation is over and the restoration of religious liberty can proceed in the United States of America -- one nation under God, indivisible, with liberty and justice for all.

Dr. Ben Voth is a professor of communication specializing in rhetoric and argument at Southern Methodist University.

americanthinker.com



To: Sully- who wrote (23016)4/27/2010 8:44:23 AM
From: Sully-1 Recommendation  Respond to of 35834
 
Self-Censoring South Park

By: Nina Shea
National Review Online

Comedy Central’s censorship of a recent South Park episode after threats over a caricature of Mohammed is the latest evidence that the West is slowly surrendering, institution by institution, to diffuse but determined demands to suppress anything possibly deemed as blasphemy against Islam.

These demands are new -- beginning only with the Ayatollah Khomeini’s 1989 fatwa against Salman Rushdie -- and are little understood by the West. Far more is at stake than a profane and intentionally crude cartoon show.

The controversy began on April 14, when, for the show’s 200th episode, creators Matt Stone and Trey Parker decided to bring back controversial characters, mostly celebrities, from its past -- “everyone who’s [ticked off] at us,” as Parker explained to the press. In the episode, these characters threaten to file a class-action lawsuit against the fictitious South Park unless the town can bring Mohammed to them -- in a previous South Park episode, an image of Mohammed was censored, and the celebrities believe they can steal the prophet’s mysterious power to be free from ridicule.

At various points in the episode, Mohammed’s figure is blacked out, hidden in a U-Haul trailer as the townsfolk debate how to bring him into the open, and eventually disguised in a goofy mascot-style bear costume. The audience hears him, but never sees his face. Meanwhile, Jesus is shown watching pornography, Buddha snorting cocaine.

A group in New York called Revolution Muslim promptly posted a message on its website that appears to incite violence against Stone and Parker.
It “warns” that they “will probably wind up like Theo van Gogh for airing this show,” driving home the point with a graphic photo of the Dutch filmmaker after he was slain by Islamists in 2004. It also includes Stone and Parker’s photos and their production company’s addresses, as well as pictures of Ayaan Hirsi Ali, Salman Rushdie, Kurt Westergaard, and others who have been targeted by fatwas for purported blasphemy. There is an audio overlay of American terrorist Anwar al-Awlaki reading a fatwa against blasphemy: “Harming Allah and his messenger is a reason to encourage Muslims to kill whoever does that.”

For the follow-up 201st episode, Comedy Central ramped up the self-censorship, replacing with audio bleeps not only every mention of the word “Mohammed,” but also the entire speeches with which Parker and Stone had intended to conclude the story -- speeches that, ironically, were about standing up to intimidation. In the words of the Hollywood Reporter, this rendered the entire episode “practically incomprehensible.”

While South Park insults Muslims along with nearly everyone else, its creators received a death threat not simply for insult but because they had allegedly committed blasphemy against Islam, for which death has been the traditional punishment. Revolution Muslim specifically denounces the “sacrilegious” treatment of the prophet and its “mocking” of the Islamic prohibition against showing his face by using the bear-suit “loophole.”

Abiding by Islamic blasphemy rules is no small matter. Since Islam is a complex belief system that relates to all areas of life, under Islamic blasphemy regimes, large bodies of ideas that are commonly debated in the West cannot be discussed. The late former Indonesian president and distinguished Islamic scholar Abdurrahman Wahid observed that coercively applied blasphemy laws “narrow the bounds of acceptable discourse in the Islamic world, and prevent most Muslims from thinking ‘outside the box’ not only about religion, but about vast spheres of life, literature, science and culture in general.”

In the West, extremists have already reacted violently to statements questioning Islamic doctrine’s link to violence (Pope Benedict’s speech at Regensburg), protesting the abuse of women by some Muslims (Van Gogh and Hirsi Ali’s Submission), using the Koran in a work of fiction (Rushdie’s Satanic Verses), sympathetically explaining Islam to Jews (Khalid Duran’s Children of Abraham), criticizing Sudan’s stoning law (a U.N. special rapporteur), and fictionalizing the prophet’s marriage to a nine-year-old (Sherry Jones’s Jewel of Medina). These are only a tiny sample.

Then there is the chilling effect.
Because of threats to others, Yale University Press, Random House, the Metropolitan Museum of Art, and others dropped plans to publish or display ideas and images that touch on Islam. Even the British watchdog Index on Censorship admitted that fear drove its decision not to publish the Danish cartoons in its article criticizing Yale University Press’s decision not to publish the Danish cartoons in its “definitive” book on the subject.

The result is that now Revolution Muslim director Younis Abdullah Muhammad has effectively joined Parker and Stone on South Park’s creative team. Comedy Central is added to Yale University Press, Random House, and the Metropolitan Museum of Art on the list of Western institutions that will now let Islamist extremists make decisions about what they can show and say.
In a February interview that addressed censorship surrounding the Danish cartoons, including on South Park, Stone told the Huffington Post: “Cartoonists, people who do satire -- we’re not in the Army, we’re never going to be f***ing drafted, and this is our time to stand up and do the right thing. And to watch the New York Times, Comedy Central, everybody just go, ‘No, we’re not going to do it, because basically we’re afraid of getting bombed’ sucked. I was so disappointed.” Unless we resist this intimidation, this will be only the beginning.

-- Nina Shea is director of the Hudson Institute’s Center for Religious Freedom and co-author of a forthcoming book on contemporary Muslim apostasy and blasphemy rules.


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To: Sully- who wrote (23016)4/28/2010 1:46:38 PM
From: Sully-  Read Replies (1) | Respond to of 35834
 
High court supports Mojave cross in Calif.

By MARK SHERMAN, Associated Press



The Mojave Cross


WASHINGTON – The Supreme Court said Wednesday that a lower court went too far in ordering the removal of a congressionally endorsed war memorial cross from its longtime home atop a remote outcropping in California.

Signaling support for keeping the cross, the justices ordered the federal court in California to look again at Congress' plan to transfer a patch of federal land beneath it into private hands.

The lower court had barred the land transfer as insufficient to eliminate concern about a religious symbol on public land — in this case, the Mojave National Preserve.

The ruling was 5-4, with the court's conservatives in the majority.

The VFW erected the large cross in the federal preserve more than 75 years ago.

It has been covered with plywood for the past several years following the court rulings. Court papers describe the cross as 5 feet to 8 feet tall.

"Here one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten," Justice Anthony Kennedy wrote.

In dissent, Justice John Paul Stevens agreed that soldiers who died in battle deserve a memorial to their service. But the government "cannot lawfully do so by continued endorsement of a starkly sectarian message," Stevens said.

Six justices wrote separate opinions and none spoke for a majority of the court. The holding itself was narrow, ordering lower courts to look again at the transfer of land from the government to private control.

Lower federal courts previously ruled that the cross' location on public land violated the Constitution and that the land transfer was, in effect, an end run around the constitutional problem.

Kennedy, who usually is in the court's center on church-state issues, suggested there may have been no problem in the first place.

"The goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm," Kennedy said.

Justices Samuel Alito, Antonin Scalia and Clarence Thomas would have gone further than Kennedy and Chief Justice John Roberts, who joined Kennedy's opinion.

Alito said he would allow the land transfer, barred until now, to take effect. Scalia and Thomas said they would not even have allowed the former National Park Service employee who complained about the cross to bring his objection to the transfer into court.

Roberts took a decidedly commonsensical approach to the matter. At the argument in October, a lawyer argued there probably would be no objection if the government took down the cross, sold the land to the VFW, and gave the VFW the cross to immediately erect again.

"I do not see how it can make a difference for the government to skip that empty ritual and do what Congress told it to do — sell the land with the cross on it," Roberts said.

Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor also dissented.

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To: Sully- who wrote (23016)5/6/2010 4:28:27 PM
From: Sully-  Respond to of 35834
 
Republican Lawmakers Launch States' Rights Task Force

FOXNews.com

A group of Republican lawmakers launched a task force on Thursday that seeks to reclaim the powers they say the federal government has unconstitutionally taken away from the 50 states.

The 10th Amendment Task Force, a project of the Republican Study Committee, will develop and promote proposals that aim to usher in what supporters are calling a "New Era of Federalism."

"When federalism is out of balance, people get hurt," Rep. Rob Bishop, R-Utah, one of the group's 10 co-founding members, said at a news conference Thursday. "We want to empower state and local governments."

"We've trampled on the 10th Amendment many times and we will monitor pending legislation to try to stop that," said Rep. Randy Neugebauer, R-Texas, another co-founding member.

The other task force members are: Reps. Tom Price of Georgia, John Culberson of Texas, Scott Garrett of New Jersey, Cynthia Lummis of Wyoming, Michael Conaway of Texas, Jason Chaffetz of Utah, Marsha Blackburn of Tennessee, Doug Lamborn of Colorado, and Tom McClintock of California.

The lawmakers say the task force was created in response to the "public outcry over the concentration of power and the one-size-fits-all solutions from Washington."

"More than ever, Americans are expressing frustration at having important facets of their lives controlled by a government that is out of reach and out of touch," the lawmakers said in a press release. "Among other things, the task force will focus on educating Congress and the public about federalism, elevating federalism as a core Republican focus and monitoring threats to 10th Amendment principles."

The 10th Amendment asserts that any powers the Constitution doesn't grant to the federal government or prohibit to the states belong to the states or the people.


Bishop acknowledged that the federal government has grown under Republicans as well as Democrats.

"We don't need to change the message, we need to change the tactics," he said. "We need to partner with the states and transfer programs to the states. Right now, federalism is out of balance."

Fox News' John Brandt and FoxNews.com's Stephen Clark contributed to this report.

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To: Sully- who wrote (23016)5/6/2010 11:36:46 PM
From: Sully-1 Recommendation  Respond to of 35834
 
Hat tip to Tim Fowler:

A Warning Label — on the U.S. Constitution

Posted by Walter Olson

Knowing of my interest in oddball warning labels, reader Clark S. alerts me to this $4.95 paperback copy of the U.S. Constitution, Declaration of Independence, and Articles of Confederation, which contains the following advisory ....


<<< © Wilder Publications 2008

This book is a product of its time and does not reflect the same values as it would if it were written today. Parents might wish to discuss with their children how views on race, gender, sexuality, ethnicity, and interpersonal relations have changed since this book was written before allowing them to read this classic work. >>>


A bit of Googling revealed that the same publisher slaps the same boilerplate language on other reprints including the Federalist Papers and The Great Heresies by Hilaire Belloc. Do they perhaps put it on all works composed before a certain cut-off date?
Wilder Publications is described here as in the business of “publishing print-on-demand books (mostly self-help and public domain reprints).”

I am happy to report that the Cato Institute’s excellent pocket copy of the U.S. Constitution daringly omits any warning and lets readers take the Constitution straight up.



To: Sully- who wrote (23016)10/20/2010 3:40:35 AM
From: Sully-1 Recommendation  Respond to of 35834
 
Decrees Of Separation

IBD Editorials
Posted 10/19/2010 06:55 PM ET

First Amendment: A law school audience fell into fits of laughter when a Senate candidate asked, "Where in the Constitution is separation of Church and State?" In fact, the phrase is nowhere in the document.


Tuesday's debate between Delaware's U.S. Senate hopefuls before what was described as a crowd of "legal scholars and law students" at Widener University Law School in Wilmington generated quite some mirth among the assembled elites.

Tea Party-favored Republican nominee Christine O'Donnell had the temerity to ask her opponent to cite the provision of the Constitution that separates church and state.

There is, of course, no such passage. Those scoffing law scholars might want to look at the Constitution's unadorned text instead of the judicial activist law review articles that take up so much of their day.

What the Constitution does say, in the Establishment Clause of the First Amendment, is that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" — a restriction imposed upon the state to prevent its interference in religious practice.

Talk-radio king and Landmark Legal Foundation President Mark R. Levin explained the confusion of liberal judges and trial lawyers in his 2005 book, "Men in Black: How the Supreme Court is Destroying America."

The "Wall of Separation" phrase comes not from the Constitution, but from President Jefferson's letter to the Danbury Baptists in 1802. As Levin notes, the obscure comment was virtually ignored for nearly a century and a half. It wasn't until 1947 when Supreme Court Justice Hugo Black ruled in the Everson case — which actually upheld the use of taxpayer money to transport children to Catholic and other parochial schools — that the Jefferson metaphor was used to establish "the anti-religious precedent that has done so much damage to religious freedom."

Levin's argument is similar to that of the late Chief Justice William Rehnquist. In his dissent in a 1985 ruling against silent school prayer, Rehnquist pointed out: "There is simply no historical foundation for the proposition that the Framers intended to build the 'wall of separation' that was constitutionalized in Everson." He called Jefferson's "wall" "a metaphor based on bad history, a metaphor which has proved useless as a guide to judging."

In his book "The Theme is Freedom," veteran journalist M. Stanton Evans points out that this false view of the Founders as "separationists" led to "a revolution in our legal theory, educational system, and religious practice — including such departures as barring Christmas manger scenes from tax-supported settings."

Columbia Law School Professor Phillip Hamburger in his 2002 book "Separation of Church and State" argues that the early Americans enacted the Establishment Clause to prevent the corruption of religion by worldly influences, and that "the constitutional authority for separation is without historical foundation."

Is it any wonder that the newest Supreme Court justice, Elena Kagan, did not require the study of constitutional law when she was dean of Harvard Law School — but did require the study of foreign law? Those future federal judges graduating Harvard might catch onto the fable liberal activists have gone to such trouble weaving.

Maybe we should start calling the First Amendment's Establishment Clause the "Free Exercise of Religion Clause"— since that's what its plain language protects. Perhaps then there would be fewer false decrees from judges and fewer laughs when a citizen politician states a constitutional truth.

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