Bill of Rights is location restricted?

August 20, 2014

MoveOn.org posted this photo on their Facebook page:

First Amendment Area?

First Amendment Area?

I presume (the post doesn’t say) this is a photo from Ferguson, Missouri. I presumed incorrectly.  It’s a sign from the Bundy Ranch standoff.

My first thought was, “Do they have a 2nd Amendment area?”  My second thought was, if we put up signs saying “2nd Amendment Area” will cops enforce it?

It’s probably a violation of prior restraint law, of course.  The sign is an indication of just how bizarre and sick things are in Ferguson, Missouri, at the moment.  It’s also an indication of how bizarre things were at Bundy Ranch.

Tip of the old scrub brush to Randy Creath.


“Some there are”: Antonin Scalia, rock music, and high school graduation in churches

June 17, 2014

Some there are—many, perhaps—who are offended by public displays of religion. Religion, they believe, is a personal matter; if it must be given external manifestation, that should not occur in public places where others may be offended. I can understand that attitude: It parallels my own toward the playing in public of rock music or Stravinsky. And I too am especially annoyed when the intrusion upon my inner peace occurs while I am part of a captive audience, as on a municipal bus or in the waiting room of a public agency.

Justice Antonin Scalia, dissenting to the Supreme Court’s denying to hear a case about high school graduations held in religious facilities, the denial of the writ of certiorari to Elmbrook vs. John Doe et al., 573 U.S. ______.

Justice Clarence Thomas joined Scalia in the dissent.

But, he argues, religion is protected by the First Amendment, our music choices are not.

Read the dissent (way down at the bottom).

Easter services at Elmbrook Church, in Brookfield, Wisconsin.

Easter services at Elmbrook Church, in Brookfield, Wisconsin.

I suppose to some, high school graduation ceremonies are a lot like being forced to listen to rap music at intersections.  To others, high school graduations may seem akin to religious experience.  Not sure either view means the ceremonies should be held in churches.

This case is 14 years in the justice system.

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Banned Books Week is coming, September 22-28, 2013

September 18, 2013

Got a stack of banned books ready?

Banned Books Week is September 22-28 for 2013.

Banner for Banned Books Week 2013

So THAT’s what Lady Liberty holds in her left hand. (Reading the Declaration of Indpendence can still get you into trouble in a few places — mostly not in the U.S., but even in the U.S.)

We still have banned books?  Is that bad?

Consider, first, that on September 17, 2013, the Texas State Board of Education opened hearings on science textbooks to be “adopted” for Texas schoolsRadical elements of the SBOE furiously organized to stack rating panels with people who want to censor science, to stop the teaching of Darwin’s work on evolution.  (No, I’m not kidding.)

This comes in the middle of a rancorous fight in Texas over CSCOPE, a cooperative lesson-plan exchange set up by 800 Texas school districts to help teachers meet new Texas education standards adopted years ago (without new books!).  Critics labeled reading lists and any reading on religions other than Christianity “socialist” or “Marxist,” and complained that Texas social studies books do not slander Islam.

Then there is the flap over Persepolis, in Chicago.  With all the other trouble Chicago’s schools have several bluenoses worked to get this graphic “novel” banned (it’s not really a novel; it’s a memoir).  They complained about graphic violence in what is a comic book.  Persepolis tells the story of a young woman growing up in Iran during the Iranian Revolution.

The autobiographical graphic memoir Persepolis by Marjane Satrapi was pulled from Chicago classrooms this past May by Chicago Public Schools CEO Barbara Byrd-Bennett due to “inappropriate” graphic language and images, specifically, scenes of torture and rebellion. Parents, teachers, and First Amendment advocates protested the ban, and as a result — while still pulled from 7th grade — Persepolis is currently under review for use in grades 8-10. (For details, see CBLDF Rises to Defense of Persepolis.)

Persepolis is an important classroom tool for a number of reasons. First, it is a primary source detailing life in Iran during the Revolution and the Iran-Iraq War . Readers of all ages get a glimpse of what life is like under repressive regimes and relive this period in history from a different perspective. It also begs detailed discussion of the separation of church and state. Furthermore, this is a poignant coming-of-age story that all teens will be able to relate to and serves as a testament to the power of family, education, and sacrifice.

In America, textbooks get attacked for telling the truth about Islam and not claiming it is a violence-based faith; and supplemental reading gets attacked when it presents the violence the critics complain was left out of the texts.

We need to think this through.

What banned books have you read lately?

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Cover of "Persepolis"

Persepolis has been made into a movie.


Just stay quiet: Poster hoax about the Pledge of Allegiance

September 15, 2013

Anybody send this to you on Facebook (100 times, maybe?)

Hoax claims about the Pledge of Allegiance, found on Facebook and innumerable e-mails

Hoax claims about the Pledge of Allegiance, found on Facebook and innumerable e-mails

Clever, eh?  It repeats the McCarthy-era editing of the Pledge of Allegiance, and then comes up with this whopper:

. . . My generation grew up reciting this every morning in school, with my hand on my heart.  They no longer do that for fear of offending someone!

Let’s see how many Americans will re-post and not care about offending someone!

Not quite so long-lived as the Millard Fillmore Bathtub Hoax — which started in 1917 — but a lot more common these days.

Just as false.  Maybe more perniciously so.

Consider:

  1. Actually, 45 of our 50 states require the Pledge of Allegiance in public schools.  The five exceptions:  Iowa, Hawaii, Oklahoma, Vermont and Wyoming.  See any pattern there?
  2. None of the five states previously required the Pledge, and then stopped.
  3. None of the five states claim to not require the pledge in order to avoid offending anyone.  Oklahoma would be happy to offend people on such issues, most of the time.
  4. Reposting historically inaccurate claims, without fear of offending anyone, is no virtue.  It’s just silly.

The creator of that poster is probably well under the age of 50, and may have grown up with the hand-over-heart salute used after World War II.  That was not the original salute, and I’d imagine the author is wholly ignorant of the original and why it was changed.

Students pledging to the flag, 1899, 8th Division, Washington, D.C. Part of the Frances Benjamin Johnston 1890 - 1900 Washington, D.C., school survey.

Wikipedia image and caption: Students pledging to the flag, 1899, 8th Division, Washington, D.C. Part of the Frances Benjamin Johnston 1890 – 1900 Washington, D.C., school survey.

Wikipedia gives a concise history of the salute:

Swearing of the Pledge is accompanied by a salute. An early version of the salute, adopted in 1892, was known as the Bellamy salute. It started with the hand outstretched toward the flag, palm down, and ended with the palm up. Because of the similarity between the Bellamy salute and the Nazi salute, developed later, the United States Congress instituted the hand-over-the-heart gesture as the salute to be rendered by civilians during the Pledge of Allegiance and the national anthem in the United States, instead of the Bellamy salute. Removal of the Bellamy salute occurred on December 22, 1942, when Congress amended the Flag Code language first passed into law on June 22, 1942.

Students in an unnamed school in 1941, offering the Bellamy Salute for the Pledge of Allegiance.

Students in an unnamed school in 1941, offering the Bellamy Salute for the Pledge of Allegiance. Wikipedia image.

One might understand why the Bellamy Salute was changed, during war with Nazi Germany.

Arrogance and ignorance combine to form many different kinds of prejudices, all of them ugly.  The arrogant assumption that only “our generation” learned patriotism and that whatever goes on in schools today is not as good as it was “in our day,” regardless how many decades it’s been since the speaker was in a public school, compounds the ignorance of the fact that since 1980, forced patriotic exercises in schools have increased, not decreased.

Like much about our nation’s troubles, assumptions based on ignorance often are incorrect assumptions.  Consequently, they give rise to what is today clinically known as the Dunning Kruger Effect (or syndrome), so elegantly summed by by Bertrand Russell in the 1930s:

The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt.

Humorously summed up by “Kin” Hubbard:

It isn’t what we don’t know that gives us trouble, it’s what we know that ain’t so.

Ignorance is a terrible disease, but one easily cured, by reading.  We can hope.

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Quote of the moment: James Madison, education, or farce and tragedy

August 31, 2013

James Madison Building, Library of Congress -- the official Madison Memorial

James Madison Building of the Library of Congress, the official James Madison Memorial for the nation


A popular Government, without popular information, or the means of acquiring it,
is but a Prologue to a Farce or a Tragedy; or perhaps both.
Knowledge will forever govern ignorance.

And a people who mean to be their own governours,
must arm themselves with the power which knowledge gives.

– James Madison in a letter to W. T. Barry, August 4, 1822

This is an encore post, partly.

Photo of inscription to the left (north) of the main entrance on Independence Ave., of the James Madison Building, Library of Congress, Washington, D.C.

Photo of inscription to the left (north) of the main entrance on Independence Ave., of the James Madison Building, Library of Congress, Washington, D.C.

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Encore quote for August 17: George Washington, “to bigotry, no sanction”

August 17, 2013

Maybe we should designate August 17 as “No Bigotry Day.”

August 17, 1790, found U.S. President George Washington traveling the country, in Newport, Rhode Island.

Washington met with “the Hebrew Congregation” (Jewish group), and congregation leader (Rabbi?) Moses Seixas presented Washington with an address extolling Washington’s virtues, and the virtues of the new nation. Seixas noted past persecutions of Jews, and signalled a hopeful note:

Deprived as we heretofore have been of the invaluable rights of free citizens, we now (with a deep sense of gratitude to the Almighty disposer of all events) behold a government erected by the Majesty of the People–a Government which to bigotry gives no sanction, to persecution no assistance, but generously affording to All liberty of conscience and immunities of Citizenship, deeming every one, of whatever Nation, tongue, or language, equal parts of the great governmental machine.

George Washingtons reply to the Newport, RI, Hebrew congregation, August 17, 1790 - Library of Congress image

George Washingtons reply to the Newport, RI, Hebrew congregation, August 17, 1790 – Library of Congress image,

President Washington responded with what may be regarded as his most powerful statement in support of religious freedom in the U.S. — and this was prior to the ratification of the First Amendment:

It is now no more that toleration is spoken of as if it was the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights. For happily, the government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.

Below the fold, more history of the events and religious freedom, from the Library of Congress.

Read the rest of this entry »


Can’t make this stuff up: Utah internet sales magnate wants Constitutional Amendment for . . . religious freedom

August 13, 2013

You know what?  The Stupid doesn’t burn, after all — if it did, this guy would have self-immolated long ago.

Utah Policy Daily is an online-newsletter of public policy stuff in the Beehive State — a very good one.  It’s done by some top Utah political consultants from both parties, and former political writers, colleauges and friends from the University of Utah and the political and culture wars in the state.

Utah Policy Daily carried this story, this morning, which I present in full only because you wouldn’t believe it otherwise:

Constitutional Amendment Would Protect ‘Religious Liberty’

By Bryan Schott

Jonathan Johnson, Executive Vice-President of Overstock.com, is leaping into the political ring with a proposed constitutional amendment to protect religious liberty.

Jonathan Johnson of OverStock.com

Jonathan Johnson of OverStock.com

The Daily Caller reports Johnson wants his proposed amendment to exempt churches from being forced to perform same-sex marriages. Johnson says the amendment wouldn’t interfere with the Supreme Court rulings in favor of same-sex marriage, but it also protects groups opposed to the practice at the same time.

Johnson and some friends hatched an idea for states to pass a constitutional amendment saying: ”A religious organization, religious association, religious society or any person acting in a role connected with such organization, association or society and shall not be required to solemnize, officiate in, or recognize any particular marriage or religious rite of marriage in violation of its constitutional right of conscience or its free exercise of religion.”

(The wording is still being fleshed out, but that’s basically what it will say.)

In some ways, this shouldn’t be controversial. The proposed amendment “doesn’t get in the way of gay marriage,” Johnson notes — “but it [also] doesn’t have gay marriage encroach into areas of religious liberty.”

Read more: Utah Policy – Constitutional Amendment Would Protect Religious Liberty

As I understand it, this amendment would be aimed at preventing the government from ordering preachers to marry people they don’t want to marry.

Maybe Johnson is so much a Mormon (I do not know his faith) that he does not know that this “right” is protected by the First Amendment, and has been practiced by far too many Catholic priests, Baptists ministers, and even Mormon Bishops, over the past 225 years.  Preachers regularly refuse to allow their churches to be used by people for any fool reason whatever, and no preacher is forced to solemnize a marriage.  In short, his proposed amendment is wholly superfluous, already covered by the First Amendment.

Unless his real purpose is to create some new way of bashing homosexuals, as I suspect.  Bigot.

Here’s the scary part:  This guy has created a lobbying group to push for the amendment, and has already raised more than $100,000 to push it.  According to the RWNJournal Daily Caller:

As conservatives work to create a firewall on the issue of religious liberty, don’t be surprised if this effort catches on nationwide. Johnson already has a Utah PAC (First Freedom PAC) and a 501 (c)(4) that he says has “raised low six digits — and we’re not really trying yet,” he says.

How many stupid people, people wholly unaware of the First Amendment, are out there with the checkbooks open willing to be suckered by confidence schemes like this?  Enough to raise “low six digits.”

Hey:  For just $10,000, I’ll come to your home and explain why the First Amendment already gives us religious freedom, and tell you why it shouldn’t be mucked with.  I’ll bring PowerPoints and patriotic music, if you want, and give it all to you in less than an hour — or take a whole day if you want.  I won’t even charge expenses.

Then you can put your remaining money into a group that really works to defend the Constitution, or the First Amendment specifically — and I’ll tell you who they are.

Next thing you know, this guy will “come up” with an idea for an amendment to recognize Jesus.

History and policy ignoramii.  Santayana’s Ghost is grumbling and going back for another cup of coffee.  Has Chris Rodda heard about this yet?  Ed Brayton? (Oh, yeah, Ed’s on it already.  Good.)

One point of light:  My old colleague at the Daily Utah Chronicle, Bob Bernick, wrote a column detailing that Utah politicians generally are not so stupidly right-wing as many in the rest of the nation, “Utah, not as crazy as we could be.”  Maybe some of those not-stupid people will take Mr. Johnson aside and explain the Constitution to him.

Update:  Point of darkness:  Johnson has a law degree from BYU.  Seriously.  I thought U.S. Sen. Mike Lee was an aberration,

More:

Here in Texas, we have the First Amendment engraved in stone, at Southern Methodist University.

Here in Texas, we have the First Amendment engraved in stone, at Southern Methodist University. Photo by Ed Darrell – use encouraged.
Text of the First Amendment: Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


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