SCOTUS ruling on the First Amendment

Sadly, this slipped by me until now.

The US Supreme just recently released a terribly important opinion on a First Amendment case,

One that will and has upset and pissed off Leftists nationally and globally.

From the WashingtonPost.com:

Supreme Court unanimously reaffirms: There is no ‘hate speech’ exception to the First Amendment

by Eugene Volokh

From today’s opinion by Justice Samuel Alito (for four justices) in Matal v. Tam, the “Slants” case:

[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.”

Justice Anthony Kennedy wrote separately, also for four justices, but on this point the opinions agreed:

A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.

Yes. You read that right. This was a unanimous decision, 8 to 0 (Neil Gorsuch was not on the court when the case was argued). The US Supreme Court incontrovertibly and undeniably upheld our right to free speech. Even the Leftists.

How sad to think that I would — even for one moment — be concerned about this case, as clear to me as it appeared.

And the justices made clear that speech that some view as racially offensive is protected not just against outright prohibition but also against lesser restrictions. In Matal, the government refused to register “The Slants” as a band’s trademark, on the ground that the name might be seen as demeaning to Asian Americans. The government wasn’t trying to forbid the band from using the mark; it was just denying it certain protections that trademarks get against unauthorized use by third parties. But even in this sort of program, the court held, viewpoint discrimination — including against allegedly racially offensive viewpoints — is unconstitutional. And this no-viewpoint-discrimination principle has long been seen as applying to exclusion of speakers from universities, denial of tax exemptions to nonprofits, and much more.

In other words, speech that simply makes you “uncomfortable” and prompts you to head for your “safe space” is still protected speech in these United States of America, no matter what anyone happens to say or think on US college campuses.

I wonder, however, what would happen if I were to attempt to register “The Crackas” as my band’s trademark when it consisted of all Caucasoids?

Oh yes. This: not one fuck given or one shit proffered.

GOWPs. Guilty Overeducated White People.

Even Noam Chomsky believes in free speech, and on campuses.

My final comment: were you aware that the United States of America is one of the very, very few Western Civilization countries left that does not have a “hate speech” law guaranteeing prosecution of that vastly nebulous phrase?

Be thankful.

Be very, very thankful.

But be very, very mindful.

BZ

 

Vigilante: right or wrong?

This video is a, of all places, Vice.com creation.

From the website:

Justin Payne is a self-proclaimed vigilante who spends his nights pretending to be a 13-year-old boy online. He is intent on shaming every pedophile who falls for his trap. With help from his cameraman Gerry, the duo have publicly shamed hundreds of sexual predators and have been a thorn in the side of local law enforcement. 

Watch the video.

So: is the man right or wrong for doing this?

Is this nothing more than abject and horrible entrapment?

Or is he justified and warranted in conducting himself in this fashion?

My opinion is this: unless breaking a very specific Canadian law, then he is fully justified in doing this on behalf of children whose lives were on the cusp of being utterly destroyed.

Let me step back for a moment.

In the 1990s I was a detective in my department’s Child Abuse Bureau. I was recruited by other detectives to work in that unit. While there I learned what an enormous scourge was pedophilia, how rampant it is and how persons you might not have suspected were pedophiles, to include Lewis Carroll and Arthur C. Clarke. Perhaps even your friend next door or your uncle.

America’s worst pedophile was a Delaware pediatrician named Earl Bradley who, on June 23, 2011, was convicted on 24 counts of a consolidated indictment (which originally contained 529 counts): 14 counts of rape, seven counts of assault, and three counts of sexual exploitation of a child. Note: he was a pediatrician. Perfect placement. He could have been your pediatrician.

Whilst in Child Abuse I acquired lengthier sentences upon conviction there than I did in Homicide. [I did, at one time, hold the California record for longest sentence obtained in a case when a man, on multiple, multiple counts of serial robbery, received 800+ years.]

Child abusers are particularly despicable because they not only utilize their superior physical strength against children — up to and including murder — but even perhaps a more evil and insidious element that I term the “mindfuck” aspect of child abuse. That is to say, willingly and cunningly utilizing the clever and devious adult mind against the undeveloped and defenseless mind of a child.

That is why organizations such as NAMBLA are beyond loathsome, but they are not the only organized effort to norm sexual relations with children. There are many more. While writing for the AbsoluteZeroUnited website in the 1990s I was sued by a pedophile who compiled my personal information and then released it on the internet. He did not win his suit.

Frankly, I would recommend you browse through the back history of the AbsoluteZeroUnited site, an anti-pedo point in the blogosphere, so that you can see (if you’ve the stomach) how strident and insistent and depraved are advocates of pedophilia. And to what ends they will go in order to justify, norm and reconcile pedophilia.

It is an axiom in Child Abuse: “not everyone who was abused will abuse, but everyone who abuses was abused.”

Please weigh in.

BZ

 

US Kabuki Theater Pt VIII:

This is the continuation of a series of posts dealing with issues where some individuals in the United States government are attempting to hold at least a portion of the rest of the federal government accountable and responsible for its actions and inactions. The public displays we find, however, are not unlike the most bizarre of Kabuki Theater or Theater of the Absurd.

Here, the late Justice Antonin Scalia speaks with Chris Wallace on Fox News Sunday regarding originalism, textualism, purposivism and gun control.

This is just 1/9th of 1/3rd of our government confirming and upholding our basic freedoms. Further, let me state: this is the best of our government in action. Our government at work. What we pay it to do.

Please remember, ladies and gentlemen, these are your federal tax dollars either

  1. At work, or
  2. Pissed away with abandon

More to come.

BZ

 

BZ’s Berserk Bobcat Saloon, Tuesday, July 11th, 2017, with extraordinary guest Jeff Dunetz

My thanks to the SHR Media Network for allowing me to broadcast in their studio and over their air twice weekly, Tuesdays and Thursdays, as well as appear on the Sack Heads Radio Show™ each Wednesday evening.

On this episode of the Berserk Bobcat Saloon a rare bit of radio magic occurred but, as per normal with me, not because I planned it. We had the luxury of speaking to fellow SHR Media Network radio host, author and blogger Jeff Dunetz, of the LidBlog.com, for the entire two hours of the show — despite the fact that it was way past bedtime for Jeff as he lives on the east coast and was kept up until 1 AM. Massive Radio Trooper Points to Jeff if for no other reason than that.

Tonight in the Saloon:

  • BZ and Jeff chat about cruises, ice and vibrant colors;
  • Jeff talks about having pissed off French people on a cruise;
  • We learn that Jeff started out life as a child and was breast-fed through falsies;
  • Jeff grew up in very liberal Long Island and lives there now with a pet salamander;
  • Jeff goes political early at the age of 11 and registers as a Democrat;
  • Only in 2009 did Jeff switch over to the Republican Party;
  • We discover that Jeff is a Conservative who votes Republican;
  • Jeff has been writing for 20 years and on his blog for roughly 13 years;
  • We discover that Jeff Dunetz used to write for Andrew Breitbart;
  • We also discover that Jeff worked for Hasbro, Nickelodeon and Marvel;
  • Much more buttery Zeppelin goodness! Come listen!

If you care to listen to the show in Spreaker, please click on start.

Listen to “BZ’s Berserk Bobcat Saloon, Tuesday, July 11th, 2017” on Spreaker.

If you care to watch the show on YouTube, please click on start.

On Thursday’s Saloon we’ll be talking to the Underground Professor himself, Dr Michael Jones, Constitutional scholar extraordinaire, raconteur and proud Texan. You miss this at your own personal intellectual peril.

Please join me, the Bloviating Zeppelin (on Twitter @BZep and on Gab.ai @BZep), every Tuesday and Thursday night on the SHR Media Network from 11 PM to 1 AM Eastern and 8 PM to 10 PM Pacific, at the Berserk Bobcat Saloon — where the speech is free but the drinks are not.

As ever, thank you so kindly for listening, commenting, and interacting in the chat room or listening later via podcast.

Want to listen to all the Berserk Bobcat Saloon archives in podcast? Go here. Want to watch the past shows on YouTube? Please visit the SHR Media Network YouTube channel here.

BZ

 

James Comey, leaker of classified US information

Oh, what a tangled web we weave, former FBI Director James Brien Comey, when we practice to deceive and decide to play politics from a position that should, theoretically, be the least political of any in Washington DC.

A web you created, sir, when you opened a political door that you walked through and, now, others appear to be walking through that very same door you opened. It does not bode well for you, Mr Comey.

From TheHill.com:

Comey’s private memos on Trump conversations contained classified material

by John Solomon

More than half of the memos former FBI Director James Comey wrote as personal recollections of his conversations with President Trump about the Russia investigation have been determined to contain classified information, according to interviews with officials familiar with the documents.

Just when the “bombshell news” today is about Donald Trump Jr’s nothing-burger emails (a ridiculous act in itself), the real news goes purposely uncovered. Representative Jason Chaffetz knows what’s happening.

This revelation raises the possibility that Comey broke his own agency’s rules and ignored the same security protocol that he publicly criticized Hillary Clinton over in the waning days of the 2016 presidential election.

Comey testified last month before the Senate Intelligence Committee that he considered the memos to be personal documents and that he shared at least one of them with a friend. He asked that friend, a law professor at Columbia University, to leak information from one memo to the news media in hopes of increasing pressure to get a special prosecutor named in the Russia case after Comey was fired as FBI director.

Comey insisted in his testimony he believed his personal memos were unclassified, though he hinted one or two documents he created might have been contained classified information.

Hinted. I see.

But when the seven memos Comey wrote regarding his nine conversations with Trump about Russia earlier this year were shown to Congress in recent days, the FBI claimed all were, in fact, deemed to be government documents.

While the Comey memos have been previously reported, this is the first time there has been a number connected to the amount of memos the ex-FBI chief wrote.

Except that now there is a problem. Solomon continues to write:

Four of the memos had markings making clear they contained information classified at the secret or confidential level, according to officials directly familiar with the matter.

A spokesman for the FBI on Sunday declined to comment.

Why?

FBI policy forbids any agent from releasing classified information or any information from ongoing investigations or sensitive operations without prior written permission, and it mandates that all records created during official duties are considered to be government property.

I myself had to sign a document which stated in part, “Unauthorized disclosure, misuse, or negligent handling of information contained in the files, electronic or paper, of the FBI or which I may acquire as an employee of the FBI could impair national security, place human life in jeopardy, result in the denial of due process, prevent the FBI from effectively discharging its responsibilities, or violate federal law. and all information acquired by me in connection with my official duties with the FBI and all official material to which I have access remain the property of the United States of America.”

The American Media Maggots are primarily avoiding this story like the plague because there is otherwise Trump Russian blood in the water. So sayeth the New York Times and CNN. More Russia Russia Russia. Fox News, however, addressed the issue with Kellyanne Conway.

Solomon finally writes:

In order to make an assessment, congressional investigators will have to tackle key questions, such as where and how the memos were created, including whether they were written on an insecure computer or notepad; where and how the memos were stored, such as inside Comey’s home, in a briefcase or on an insecure laptop; whether any memos were shown to private individuals without a security clearance and whether those memos contained any classified information; and when was it determined by the government that the memos contained classified information — before Comey took them and shared one or after.

Jay Sekulow of the American Center for Law and Justice (ACLJ) indicated Comey may have violated, at minimum, four laws (one a very clear and unequivocal felony) to include:

  • 18 USC 793(E), the espionage act making it a felony for a person with “unauthorized access or possession to convey it to an unauthorized person;”
  • 18 USC 793(G); conspiracy provision under the espionage act;
  • 18 USC 371; generally criminalizes the conspiracy to violate any federal criminal law;
  • Executive Order (EO) 13526 (2009); policies and procedures for identifying and safeguarding classified information.

Okay, another exception: the WashingtonFreeBeacon.com also reported the information about civilian James Comey.

But of course this isn’t an issue because it doesn’t involve Trump and Russia.

I suspect it’s going to be quite the serious issue with James Comey, however.

BZ