First Amendment Issues – Page 2

Monday Wake Up Call – November 21, 2022

The Daily Escape:

Early snow, Rockford, MI – November 2022 photo by Jeane Blazic

We’re going to cover two topics on this Monday. First, Bernard L. Fraga, associate professor of Political Science at Emory University, tweeted the demographics of the Georgia midterm election:

Black turnout was down by 4.5% vs 2018. Hispanic turnout was down 2.5%. Had the Black turnout percentage been at 2018 levels, Warnock probably would have won outright. The difference may have been caused in part by the new voting restrictions in Georgia. Wrongo talked last week about helping Georgians get photo IDs. People better wake up and help get more Black Georgians to the polls on December 6.

But today’s main wake up call is about the Rightwing group, the American Legislative Exchange Council (ALEC). Wrongo has written about ALEC before, here, here, here and here. ALEC prepares model legislation that conforms to hard Right ideology. They then meet with state legislators all across America to push for adoption of ALEC-written laws at the state level. These are laws that would probably never become law at the federal level.

In the past, some Republican-led states have passed hundreds of pieces of ALEC’s model legislation almost word for word, including on immigration, voter suppression, the environment, guns, and energy policy.

Now, ALEC is pushing states to adopt a new law shielding US businesses from “political boycotts”. If enacted, the proposed legislation, would prevent boycotts by investors, banks, and companies of any other US business. The guts of the Act is that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

Does not engage in economic boycotts; and
Will not engage in economic boycotts during the term of the contract.

This comes about amid rising consumer pressure on firms over who they support politically, or who they choose to do business with. Think about the decision by major retail stores to stop selling My Pillow products, or the decision by Adidas to cut Kanye West’s shoe line loose after he made anti-Semitic statements.

From The Guardian:

“The new model legislation requires every “governmental entity”, which covers a wide array of bodies from state government to local police departments and public universities, to include a clause in contracts requiring businesses to pledge they “will not engage in economic boycotts”

For most of us, “free markets” means that businesses are free to make buying and selling decisions based on the information that’s relevant to their economic interests. But to enforce this Act, a state Attorney General can decide that the decision to, for example, divest the stock of an oil and gas company, is an ideological act.

What if it’s just not that good of a stock?

ALEC’s doublethink maintains that for free markets to remain free, it is sometimes necessary to restrict the freedom to make certain decisions based on criteria that an Attorney General can define as “ideological.”

Even if they are based on a sound economic rationale.

We knew all along that for the Right Wing, free doesn’t really mean free. These people are authoritarians who want to harness the powers of government for their own ends. And they’ll do whatever’s convenient to achieve those ends.

The Republican establishment is very much alive. ALEC is the right wing’s corporate gangsters in suits. In this case, it’s billionaires aligned with corrupt Republican politicians. They have purchased state and federal legislators to do their bidding. And it’s been going on for a very long time.

Let’s see what the Supreme Court does when one of these cases gets in front of them.

Time to wake up America! The hard right in America is unbelievably well-funded. ALEC is just one of the many ways that they are undermining what true “freedom” means.

To help you wake up, listen to Little Feat, that is, the Lowell George-led version of Little Feat, (not the several incarnations of newer bands using that name that have been working since Lowell died in 1979).

Here Lowell George does “Dixie Chicken”, recorded at London’s Rainbow Theater on August 3 & 4, 1977. It’s from the live album, “Waiting for Columbus”. If you don’t know this album, you should buy the 2002 Deluxe Edition CD. You will never be sorry. Don’t buy the version on Amazon, it only has 20 songs; the actual deluxe CD has 27.

WFC was recorded in London and in Washington DC. There were 4 dates in London and 3 in DC. Here it is:

That’s Bill Payne on the piano solo. Little Feat combines jazz, honkytonk, swing, ragtime and Dixie into one great song. Enjoy!

More Rights May Be Flushed By The Supremes

The Daily Escape:

Denali from Byers Lake, AK – June 2022 photo by Todd Salat

In his concurring opinion to the decision in Dobbs v. Jackson Women’s Health Organization, that dismantled Roe, Justice Thomas basically begged Red states to send the Court more culture war cases that they could dismantle.

The Houston Chronicle reports that Texas GOP AG Ken Paxton is ready to do just that:

“Texas Attorney General Ken Paxton last week seemingly expressed support for the Supreme Court potentially overturning past rulings on cases involving the LGBTQ community following the downfall of Roe v. Wade on Friday.”

Paxton, in an interview, said he would support the Supreme Court revisiting the cases mentioned in Thomas’ concurring opinion. Here are the decisions Thomas would like a shot at overturning:

He questioned a number of earlier Court rulings, including Obergefell v. Hodges, which established the right of same-sex couples to marry, and Lawrence vs. Texas—a 2003 decision in which the court ruled against the state of Texas regarding its 1973 law criminalizing the act of sodomy.

Thomas also mentioned Griswold v. Connecticut, which established the right of married couples to use contraception without government interference:

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell….We have a duty to ‘correct the error’ regarding these established in those precedents.”

For those who don’t fully understand legal shorthand, the judicial theory Thomas is pursuing is that these issues should be in the hands of state legislatures, and not be decided by the courts.

Conservatives in other states have also expressed support for Thomas’s opinion, including Utah Senate President Stuart Adams, who said he would support the Supreme Court reconsidering same-sex marriage. Utah’s constitutional ban on same-sex unions still exists and could be reinstated if the high court were to overturn its earlier decision.

We shouldn’t forget that Obergefell was a 5-4 decision. Lawrence v. Texas was also a 5-4 decision. Since these cases were decided, the Court has moved three seats to the right. We should expect that both of these decisions will be overturned, assuming some state AG sends a case up to the Supremes.

After all, the Court’s Conservatives haven’t gotten more liberal on these issues in the last 10-15 years.

Some more history: Griswold v, Connecticut was decided 7-2, Loving v. Virginia was unanimous; and Brown v. Board of Education was unanimous. All of that said, while history shows that very few 5-4 decisions get overturned, in this time of Conservative Justice grievance, that’s not the way to bet. Even if those cases had been 6-3, 7-2 or 8-1, it wouldn’t matter to the current Justices on the Court.

Pundits are talking as if they would be shocked if the Court reverses Obergefell and Lawrence. That’s because they’re comforted that Thomas’s revolutionary concurrence wasn’t joined by other Justices. But all of them voted to end Roe, and Alito said:

“…abortion is not mentioned anywhere in the Constitution. Therefore, there is no right to an abortion.”

We should also remember that the Court used nearly word for word, the failed Robert Bork’s reasoning why there isn’t a Constitutional right to privacy in Griswold v. Connecticut.

If there’s no right to privacy because the Constitution does not explicitly state there is such a right, then according to the Court’s Conservative 6, all of the rest of our privacy rights are in play. That means nearly nothing in the Fourth Amendment may remain, because you have no right to privacy in your home or in your vehicle.

But if you bet that the Court’s Conservative majority will somehow find that the founders explicitly wanted corporations to have a right to privacy, you’ll earn some folding money.

The naked desire by the Furious Five to achieve their ideological goals as quickly as possible is most likely, uncontrollable. Chief Justice Roberts is being increasingly sidelined because he wants to (at least) try to hide their ideological agenda. But the Furious Five doesn’t have any interest in hiding what they’re doing.

No more calling “balls and strikes” as Roberts said during his 2005 Senate confirmation hearing.

In closing, the music world has reacted strongly to the Supreme Court ruling on abortion. NPR has a nice roundup of what artists are saying and doing in response. Check it out if you have time.

Sunday Cartoon Blogging – June 26, 2022

(New columns will be light and variable for the next week, since Wrongo and Ms. Right are attending grandson Conor’s wedding in NC. Regular programming will resume on July 6.)

We’re not talking about the Supreme Court or the J6 news this morning. We’ll leave that for the cartoons below. Instead, let’s focus on an enlightening article from Curbed: “Hoboken Hasn’t Had a Traffic Death in Four Years. What’s It Doing Right?”:

“Hoboken feels downright roomy. Wander down the wide, busy sidewalks of Washington Street, the city’s main strip…and one thing becomes clear….A pedestrian doesn’t have to play the…perilous game of New York City crosswalk chicken, where you squint through the windows of a massive metal box to catch a glimpse of another speeding metal box whose driver doesn’t see you.”

“Few drivers park next to crosswalks in Hoboken because they can’t. Those spots are blocked off with bike racks or planters or storm drains or extra sidewalk space for pedestrians or vertical plastic pylons that deter all but the boldest delivery-truck drivers. Stand at a corner, and you can see what is coming toward you, and drivers can see you too, and you don’t have to step out into the road and risk your life to do it.”

This concept is called Vision Zero, a strategy that municipalities across the US and abroad have adopted that seeks to alter traffic and engage pedestrians to lessen the severity of accidents. In total, Hoboken has had three traffic fatalities since 2015.

As Hoboken’s streets get safer, the rest of America is getting less safe. Traffic fatalities in NYC were up 44% percent in the first quarter of 2022. Hoboken has empowered it’s pedestrians and every corner makes it clear they have the right of way. Hoboken’s streak of zero fatalities could end at any time, and eventually will, but that’s no reason for other cities and towns not to enable similar change. On to cartoons.

Somebody should remind the Conservative ideologue Justices that America is a multi-belief country:

It’s on the ballot in November:

Clarence rewrites the 2^nd Amendment:

Now concealed carry has multiple meanings:

The scales of justice get a Conservative makeover:

The J6 hearings have inspired criticism from Texas. The late Molly Ivins referred to Texas as the “national laboratory for bad government”:

Uvalde ,TX failures give new meaning to an old idea:

Free Speech Is About To Get Tested

The Daily Escape:

Lupine bloom, Beeks Bight, Folsom Lake, CA – May 2022 photo by Kaptured in Kamera

We’re back from France where we had fantastic weather, wonderful food and wine, and a break from the loud drumbeat of dystopian American news. One issue that Wrongo followed from afar was the continuing assault on free speech by America’s Right Wing.

From Dan Pfeiffer:

“It seems like every week, Republicans propose, pass, or enact another outrageous, authoritarian, retrograde policy. Book bans, abortion bans, efforts to turn back the clock on marriage equality and contraception. Each is a fleeting political firestorm and then it’s on to the next….amidst this parade of retrograde lawmaking, there is a pattern…”

Despite claiming to be for small government, the Republicans want to dictate the terms of speech in America.

Consider Florida where Republican Gov. Ron DeSantis had passed legislation taking away the rights of Facebook, Twitter, and others to ban people from their platforms:

“The US Court of Appeals for the 11th Circuit on Monday ruled it is unconstitutional for Florida to bar social media companies from banning politicians, in a major victory for tech companies….the court rejected many of the legal arguments that conservative states have been using to justify laws governing the content moderation policies of major tech companies after years of accusations that the tech companies are biased against their political viewpoints.”

The 11^th Circuit court found that tech companies’ moderation decisions are protected by the First Amendment, which prohibits the government from regulating free speech. Interestingly, this comes after a different decision on the same issue by the Texas 5th Circuit Court of Appeals, that allowed a Texas law banning companies from discriminating against people based on their politics to remain in effect.

We now have completely opposite decisions by the 11^th Circuit and the 5^th Circuit courts on the issue of whether corporations must follow the Constitution’s First Amendment. This will invariably lead to the Supreme Court weighing in on whether private social media companies’ content moderation decisions are protected by the First Amendment. From the WaPo:

“Some lawmakers pushing for laws governing online content moderation and Supreme Court Justice Clarence Thomas have argued that tech companies should be regulated as “common carriers,” businesses like phone companies that are subject to government regulation because of the essential services they provide.”

But Florida’s court rejected those arguments, arguing states can’t force such restrictions on private company social media platforms. While the phone companies cannot stop callers or calls that may be objectionable, or even illegal, social media companies have different rights. From the Court’s ruling:

“Neither law nor logic recognizes government authority to strip an entity of its First Amendment rights merely by labeling it a common carrier…”

The “Terms of Service” (TOS) agreements between social media platform companies and their users are a contract. When someone agrees to the TOS, they are saying that they will abide by it. Violating the TOS, whether by Trump, Musk, or some random ideologue, is a violation of contract law.

When the TOS is violated and the violator is suspended or barred from the platform, it doesn’t demonstrate bias, or a restriction in free speech. It demonstrates equal treatment. The TOS isn’t there only to restrain Conservatives, despite their protests of discrimination.

Florida passes a “don’t say gay” bill to police free speech by public educators in schools. They then pass the law to prevent private companies from policing speech on their platforms. This irony is lost on those who claim they’re against federal or state overreach unless it’s their Party that’s doing the overreaching.

The First Amendment says the government cannot punish you for speech (with some exceptions). The same Amendment also protects free association—meaning that it’s perfectly legal for private organizations to exercise their freedom of association even while excluding some speech.

Networks like Facebook and Twitter exert a lot of power over the flow of information. They are a primary method of news and expression for millions. That means they must be broadly inclusive and promote healthy discourse. Their business model includes wanting to attract as many users as possible. From Nicholas Grossmann: (emphasis by Wrongo)

“The big social networks—Facebook, LinkedIn, YouTube, Twitter—aim to be the online mainstream, appealing to a wide variety of users and the businesses that sell to them. That requires stopping behavior that isn’t illegal, but makes the platform inhospitable, such as hate speech.”

The large private social networks have a responsibility not to let the doctrine of free speech make them give a right of way to bad actors. There is zero reason to cede the concept of free speech to the trolls who are trying to drive people they hate off private social media platforms.

Now we wait to see what Alito, Thomas and the other Conservative Supremes have to say about the limits of Free Speech.

You shouldn’t be optimistic about the outcome.

A Not-So-Soothing Saturday – September 11, 2021

The Daily Escape:

Remembrance of an Idealized WTC. (This is a 2015 screen grab from The Economist)

On this 20^th anniversary of the 9/11 disaster, let’s take a short look back, and a longer look forward.

Wrongo and Ms. Right lived 2 blocks from the WTC in the early 1980s. We were urban pioneers, living and working in the Wall Street area. That part of town didn’t have supermarkets, and few stores were open after 5pm.

Occasionally, we would have dinner at Windows on the World, the restaurant at the top of the North Tower. In fact, one of our children had her sweet-sixteen dinner there, with all of New York at her feet. Back then, I visited the Towers often, seeing friends and colleagues who worked there.

On 9/11/2001, Wrongo was in Maine, visiting a company he had just acquired. Like in Manhattan, we watched a beautiful blue sky as the terrible breaking news turned into harsh reality. We spent the next week vainly trying to work, while mostly sitting in a nearby restaurant with a huge TV wall that was tuned in to all terrorism, all the time.

We had a grandson born in New Jersey on 9/14. I drove to the hospital from Augusta, Maine, while Ms. Right drove east from State College, PA. He’s turning 20.

Today, it gets progressively harder to remember what the US used to be like before 9/11. We forget what it was like to be able to arrive at the airport 20 minutes before a flight. What it was like to walk into a building without going through a metal detector.

Most important, it’s hard to remember what it was like to believe that the US’s version of democracy would remain ascendant for all time. Some context for our 20-year War on Terror comes from Spencer Ackerman’s 2021 book, “Reign of Terror”:

“In response to 9/11, America had invaded and occupied two countries, bombed four others for years, killed at least 801,000 people — a full total may never be known — terrified millions more, tortured hundreds, detained thousands, reserved unto itself the right to create a global surveillance dragnet, disposed of its veterans with cruel indifference, called an entire global religion criminal or treated it that way, made migration into a crime and declared most of its actions to be either legal or constitutional. It created at least 21 million refugees and spent as much as $6 trillion on its operations.”

Quite the achievement, no? We responded in a primitive, unthinking way and unearthed a weakness in our national character that continues to haunt us today. Among 9/11’s legacies are not just mass surveillance and drone strikes, but also the rise of right-wing extremism. More from Ackerman:

“When terrorism was white….America sympathized with principled objections against unleashing the coercive, punitive, and violent powers of the state….When terrorism was white, the prospect of criminalizing a large swath of Americans was unthinkable…”

He’s thinking about the Oklahoma City bombing. Then things changed:

“The result…was a vague definition of an enemy that consisted of thousands of Muslims, perhaps millions, but not all Muslims — though definitely, exclusively, Muslims.”

It’s important to remember that GW Bush insisted that Muslims weren’t the enemy at one moment and then described the War on Terror as a “crusade” the next.

Many authors say there’s a direct line between 9/11 and the rise of right-wing extremism in the US. For example, the Ground Zero Mosque enraged Republicans. The buildings, a few blocks from the WTC, were damaged on 9/11. In 2009, the NYT reported on plans to replace some of the buildings with a mosque and Islamic cultural center. Republicans were still angry enough to complain that the new building was a “victory mosque”.

It is one thing to oppose radical Islamist terrorism. But when Republican politicians redefined the enemy not as violent jihadists but Muslims in general, they also redefined their Party as one welcoming xenophobic rhetoric and candidates.

From Cynthia Miller-Idress:

“…al Qaeda terrorists and their ilk seemed to have stepped out of a far-right fever dream. Almost overnight, the US…abounded with precisely the fears that the far right had been trying to stoke for decades…far-right groups saw an opportunity and grabbed it, quickly and easily adapting their messages to the new landscape. A well-resourced Islamophobia industry sprang into action, using a variety of scare tactics to generate hysteria about the looming threat.”

Will Saletan of Slate connects this to our botched Covid response:

“When al-Qaida struck America on 9/11, Republicans completely reoriented our government to confront terrorism….Republicans instituted new measures to track and halt the spread of terrorism at home. They upgraded domestic surveillance and tightened screening at airports and other public places.

Today, in the face of a far more deadly enemy, Republicans have done the opposite. They’ve belittled the coronavirus pandemic, scorned vigilance, defended reckless individualism, and obstructed efforts to protect the public.”

Their campaign of obstruction and propaganda has contributed to millions of unnecessary infections.

In this respect, Covid was a test of that Party’s character. It challenged Republicans to decide whether they’ve moved from being a party of national security, to a party of grievance and animosity. We now know the answer to that question.

Elliot Ackerman (no relation) in Foreign Affairs observes:

“From Caesar’s Rome to Napoleon’s France, history shows that when a republic couples a large standing military with dysfunctional domestic politics, democracy doesn’t last long. The US today meets both conditions.”

Let’s close with a 9/11 tune. The October 20, 2001 “Concert for New York” can’t be beat. It was a highly visible and early part of NYC’s healing process.

One of the many highlights of that 4+hour show was Billy Joel’s medley of “Miami 2017 (seen the lights go out on Broadway)” and his “New York State of Mind”. Joel wrote “Miami 2017” in 1975, at the height of the NYC fiscal crisis. It describes an apocalyptic fantasy of a ruined NY that got a new, emotional second life after he performed it during the Concert for New York:

The concert brought a sense of human bonding in a time of duress. It isn’t hyperbole to say that the city began its psychological recovery that night in Madison Square Garden. It’s worth your time.

For My Friends, Anything. For My Enemies, the Law

The Daily Escape:

“Life in 2022” – 1962 painting by Walter Molino. A foretelling of COVID?

Attorney General Bill Barr thinks that there has been too much expression of First Amendment rights:

“Attorney General William P. Barr told federal prosecutors in a call last week that they should consider charging rioters and others who had committed violent crimes at protests in recent months with sedition, according to two people familiar with the call.”

Break a window and go to jail for sedition, for conspiracy to overthrow the government through violence? Barr also went after the mayors:

“The attorney general has also asked prosecutors in the Justice Department’s civil rights division to explore whether they could bring criminal charges against Mayor Jenny Durkan of Seattle for allowing some residents to establish a police-free protest zone near the city’s downtown…”

It used to be a Republican article of faith that “The government closest to the people serves the people best.” No longer. America is filled with king Trump’s enemies. They’re everywhere! By suggesting possible prosecution of a Democrat, Ms. Durkan, Barr is taking aim at an elected official whom Trump has attacked repeatedly.

Barr then jumped into the deep end of the pool on Wednesday. Addressing a Constitution Day meeting hosted by the conservative Hillsdale College, Barr suggested:

“…that the calls for a nationwide lockdown to prevent the spread of the coronavirus were the ‘greatest intrusion on civil liberties’ in history ‘other than slavery.’”

Would Barr also have been against food and gas rationing, and other measures necessary to help win WWII?

Health and safety regulations have always been around. And they are well established in American law, see Jacobsen v. Massachusetts, which said in a case about mandatory vaccinations, that individual liberty isn’t absolute, and is subject to the police power of the state.

Barr went on to say that the Supreme Court had determined that the executive branch had “virtually unchecked discretion” in deciding whether to prosecute cases:

“The power to execute and enforce the law is an executive function altogether….That means discretion is invested in the executive to determine when to exercise the prosecutorial power.”

He was telling his federal prosecutors to start prosecuting protests as something akin to treason. And he can do all of the above, as long as he’s Trump’s AG.

The AG is a politician who is supposed to be apolitical in enforcement of the law. But not Bill Barr. He told a Chicago Tribune columnist that the nation could find itself “irrevocably committed to the socialist path” if Trump lost.

Back to the sedition thingy. The federal sedition law is rarely invoked, but the wording has wiggle room. It says that sedition can occur anytime two or more people conspire to use force to oppose federal authority, hinder the government’s ability to enforce any federal law or, unlawfully seize any federal property.

That could include a plot to break into and set fire to a federal courthouse.

The WSJ quotes Jenny Carroll, a University of Alabama law professor, who says that turning to statutes like sedition would mark an escalation in the government’s effort to quell the violence:

“There are all these different statutes the government can use if they are worried about things like property damage….If you start charging those people, even if you don’t get a conviction, it may make people think twice before going out to exercise their right to free speech.”

Do yourself a favor, and don’t read the WSJ comments. There’s a fine line between the expression of antigovernment sentiment, which is protected speech under the First Amendment (even if it included discussions of violence), and a plot that presented an imminent danger sufficient to justify a charge of sedition.

No one can justify property damage, looting or killings, but more than 93% of the protests in the US this summer were peaceful, according to a report by the Armed Conflict Location and Event Data Project, which monitors political upheaval worldwide. They looked at 7,750 protests from May 26 through Aug. 22 in 2,400 locations across all 50 states and the District of Columbia.

But if Barr gets to define “force” his way, everyone will get to go to jail.

For Bill Barr, the crime is to oppose the regime. Those who enable Trump, by definition, can’t be criminals, and so do not deserve punishment. If they are prosecuted like General Flynn, Paul Manafort, or Roger Stone, they should be pardoned, or their prosecutions withdrawn. Accordingly, those who oppose the regime are the real enemy. They deserve prompt and merciless retribution.

Barr could have delivered his new testament in Minsk or Manila, not at an American college.

These people must go.

Are We Getting Close to Civil War?

The Daily Escape:

Murmeration of Starlings, Leeuwarden, Netherlands – photo by Marcel van Kammen/Corbis. The changing shape of the flock comes from each bird copying the motions of others around it with extreme rapidity. Their reaction time is less than a tenth of a second.

Are we seeing a kind of political Murmeration in America? You can argue that there is a straight line from what Trump has said and done during the past four years to where we are now:

From his endorsement of police brutality to numerous examples of police misconduct.
From his calls at rallies for his supporters to assault their opponents, to his supporters picking up guns and killing people on the street.
From his cozying up to white supremacists to groups of white supremacists patriots riding in the back of pickup trucks through Portland, OR.

From The Bulwark: (emphasis by Wrongo)

“Before 2016, when was the last time you saw pitched battles between armed, opposing political forces in America’s streets? Did you see it under Barack Obama? Or George W. Bush? Or Bill Clinton? Or George H.W. Bush? Or Ronald Reagan? Or Jimmy Carter?

….To find the type of mayhem we now have…with armed civilians clashing, you have to go back to the union-busting wars of the early 20th century—and even that’s probably not apt, since those were workers pitted against companies.

Yet, once Donald Trump arrived on the national stage, street fighting became a common feature of American politics.”

And on Saturday night, convoys of out-of-town trucks and SUVs bearing Trump flags rolled into Portland. They rolled through groups of protesters in their vehicles, shooting projectiles and pepper spray into the crowds. In the ensuing violence, one of the far-right Trump supporters was shot and killed.

After the murder, Trump tweeted that the MAGA “protesters” who caravanned into Portland on Saturday night were “Great Patriots!” and later explained why their behavior was understandable:

“The big backlash going on in Portland cannot be unexpected after 95 days of watching and incompetent Mayor admit that he has no idea what he is doing. The people of Portland won’t put up with no safety any longer. The Mayor is a FOOL. Bring in the National Guard! https://t.co/bM6ypak94t

— Donald J. Trump (@realDonaldTrump) August 30, 2020″

When you see photos of armed guys with US flags and Trump/Pence campaign flags on the back of pickup trucks driving around Portland, it reminds Wrongo of ISIS fighters in their trucks in news photographs or the Middle East. These Trumpers look like militia men, not something we’ve seen in America before.

The strategy in play here is “Let’s you and him fight.” Most Americans aren’t going to play that game, but the way FOX and Trump are stoking the fires, enough may be willing to try violence, starting a quasi-civil war in a few of our cities. And it’s pretty clear that it wouldn’t be contained there, since the Trumpers have the larger arsenals of weapons, and are more willing to use them.

Of course, the Portland murderer should be brought to justice, right along with the underage Kenosha killer. There is no excuse for deadly violence. Now that we have dead in Kenosha and in Portland, vengeance may become nearly impossible to tamp down, particularly in our laissez-faire gun owing society.

The only way to stop this is to bar armed protestors, regardless of their politics, from entering the area of demonstrations. All weapons, not only guns, need to be confiscated, to be returned later, or they can be retained by the owner if they agree to leave the area.

The public safety needs must take priority over anyone’s Second Amendment rights.

Also curfews must start earlier, and be strictly enforced. All of these efforts at better crowd control means more policing-type resources, but that’s the price of doing business if we are to prevent a possible war on our streets.

Finally, it’s becoming clear that the police will not intervene in whatever violence the pseudo-militias choose to commit. We shouldn’t be surprised at how quickly the Republican’s focus shifted from defending the right-wing underage killer of two protesters in Kenosha, to being outraged at the death of a righty in Portland.

Let’s remember that America is a big country, and while it might seem like violence is everywhere, it’s not. Even in cities that have reported violence, the conflicts are localized, and are not continuous. There are also protests happening in various places in the US which are totally uneventful.

Never forget that the main reason America is in chaos at this moment is because Trump wants it that way.

Trump isn’t following Richard Nixon’s playbook. He’s cribbing from George Wallace.

Monday Wake Up Call – July 20, 2020

The Daily Escape:

Alpine lake, High Uintas Wilderness, UT- 2020 photo by anteaterpinkytoe.

Which is better: Gorbachev’s Chernobyl response, or Trump’s COVID response? It’s a high bar for Trump’s response to be worse than Gorbachev’s.

The Chernobyl disaster exposed the Soviet government’s ineptitude to both the Soviet people and the international community. The reactor’s core meltdown and its aftermath drained the Soviet Union of $billions in clean-up costs. It led to the loss of a primary energy source and dealt a serious blow to national pride. Thirty-four years later, the site remains a waste land.

Gorbachev would later say that he thought the Chernobyl meltdown, “even more than my launch of perestroika, was perhaps the real cause of the collapse of the Soviet Union five years later.”

But Trump is up for the challenge! From Umair Haque at Medium:

“America’s in free fall. It’s having a public health crisis, an economic crisis, a social implosion, and a political implosion all at once. And all those things have been brought to you by Donald Trump, whose negligence, irresponsibility, recklessness have allowed them to flourish.”

Nobody in the world is in free fall like America. America has the highest number of new cases in the world, higher than Brazil’s 50K, or India’s 30K. Even individual Red States have worse outbreaks than many of the world’s poorest countries with far higher populations.

The EU has about 5,000 new cases. America has more than fifteen times the number of cases Europe has. Texas alone had more than twice the number of cases, (more than 10K) and the population of Texas is 7% of the EU’s.

Trump nails the win over Gorbachev with his most egregious action, putting armed secret police on the streets of Portland, OR. Dozens of federal agents in full camouflage seized protesters, threw them into unmarked cars, and took them for interrogation without specifying a reason for arrest.

It appears that at least some of the agents involved belonged to the US Customs and Border Protection (the Border Patrol), a US government organization that has no business conducting actions against Americans in Portland.

Both the mayor of Portland and the governor of Oregon have asked them to leave. A US Attorney for the State of Oregon is calling for an investigation into the arrests.

Now, the acting head of Homeland Security, Chad Wolf, is vowing to ramp up these actions both in Portland and elsewhere. This is Wolf on the DHS website:

“Each night, lawless anarchists destroy and desecrate property, including the federal courthouse, and attack the brave law enforcement officers protecting it. A federal courthouse is a symbol of justice – to attack it is to attack America.”

We’ve seemingly reached a point where Trump’s brown shirt police force is reality.

Could it be that Trump is trying to foment unrest? His campaign can’t be happy that protests and urban unrest have quieted down across America in the last few weeks. Is Trump hoping this action will spark a revival of what we were seeing in June?

The calculation would be that an upsurge in protest will divert the country’s attention from the ongoing COVID-19 disaster while scaring moderate voters. It allows Trump to keep playing the law and order president, someone who will protect white suburbanites from scary black/brown anarchists.

This is the same week when Trump claimed Biden wants to abolish suburbs.

We’ve heard this Republican tune before during earlier presidential elections. It’s a mash up of Nixon’s law and order strategy, and Bush I’s Willie Horton strategy. It’s important to point out that both won their elections.

Trump is using Executive Branch agencies that he controls. AG Barr knows there is nothing “Constitutionally” Congress can do about this. They’re trying out various actions to see what they can get away with: for now, it’s the dreaded ANTIFA. Before that it was immigrants and asylum seekers. Later, it could be any opposition.

Time to wake up America! This is who and what we have become. The only question remaining is whether enough non-authoritarian Americans will vote in November to stop the madness.

To help you wake up, here is Big Country’s “We’re not in Kansas” performed live in 1991 in Bonn Germany:

Sample lyrics:

What did you learn in school today
Did you learn to run when the teachers pray
Did they teach you enough to know the state you’re in
Not enough to get out, not enough to win

What did you learn at home today
Did you learn to hate in the proper way
Did your liberated parents patronize your friends
Cos they had enough money cos they had the right skin

Those who read the Wrongologist in email can view the video here.

Defund the Police? Really?

The Daily Escape:

Looking Glass Rock, from Blue Ridge Parkway, NC – 2020 photo by 2paymentsof19_95

On Sunday afternoon, a veto-proof majority of Minneapolis City Council members announced their commitment to disbanding the city’s police department (MPD), which has endured harsh criticism in the wake of the police killing of George Floyd.

This step is considered part of the movement that is wrongly called “Defund the Police”. What Minneapolis is doing is reorganizing, re-imagining and redirecting their police. Calling this movement “defunding” is a misnomer that some in BLM, and others on the left have advocated, while the right has jumped on it to discredit Biden along with all Democrats.

Groups advocating defunding have put forward a variety of ideas. Some simply oppose police budget increases, others advocate mass personnel reductions, and some are fighting for actual defunding as a step toward abolishing police forces. Some initiatives are linked to the fight to close prisons. All are pushing for a reinvestment of any dollars saved into community services. Only the first two are mainstream ideas.

A reasonable question is what would the defunding advocates want on their streets instead of police?

Polling this month from Data for Progress indicates that 68% of voters answered that they would support: “Creating a new agency of first-responders, like emergency medical services or firefighters, to deal with issues related to addiction or mental illness that need to be remedied but do not need police.”

According to a study from the Treatment Advocacy Center, a person with an untreated mental health issue is 16 times more likely to be killed by police than other members of the community. Even though many US police departments’ duties include responding to non-violent, non-emergency calls, departments keep expanding their military-style arsenal.

The question by Data for Progress had broad support, including 62% of Republicans, and higher percentages of Democrats, whites and blacks. Versions of this concept are already in place in Eugene, Oregon; Austin, Texas; and Denver, Colorado.

It is also reasonable to ask, “Can’t we just fix what’s wrong”? The answer is yes, but efforts to do this have been underway for decades. If police and city officials in most cities had been serious about reform and policy change, we wouldn’t be hearing dumb ideas like “Defund the Police”, and people would not be this angry.

Newsweek reports that Camden, NJ had success in 2013 when it disbanded its 141-year-old police force. In its place, the surrounding county formed a new police department. This move had the result of busting the local police union. But the Camden County Police Department rehired most of the laid-off cops, along with 100 new officers, at much lower salaries and with fewer benefits than they had received from the city. From Bloomberg:

“The focus was on rebuilding trust between the city’s residents and officers. The remaking of Camden’s police department appears to have led to crime rates falling in the city. Camden recorded 67 homicides in 2012, while last year, there were 25.”

For Camden’s Black Lives Matter protest on May 30, officers left the riot gear at home, and brought an ice cream truck. The police department’s chief, Joseph Wysocki, who is white, brandished a “Standing in Solidarity” poster alongside residents holding “Black Lives Matter” signs.

And yes, the Camden police department is again unionized.

Disbanding police departments isn’t going to happen everywhere, but “reorganizing” local police departments is a necessity in most places, especially when the municipality’s police union management is not interested in reform.

The argument shouldn’t be to defund them, but to take away their military toys, and hold them to higher performance standards. With the right to exercise lethal force should come closer scrutiny for their behavior.

“Defund the Police” should mean: See what is happening in your town with clear eyes. See the original sin of placing property rights over human rights. See the original sin of racism in America and how it impacts the community.

Policing in America is deeply broken. Few departments are controlled effectively by their elected officials. America needs stronger mayors, town councils and district attorneys who can be for “law and order”, and also for protecting the rights of the people who are confronted by day-to-day policing. We will only have stronger public servants by voting them in.

It’s going to be a long struggle to rebuild our police departments into something that creates a peaceful community while valuing Constitutional rights.

That’s a struggle worth taking on.

Trump’s Authoritarian Impulses

The Daily Escape:

Lake Superior from Sleeping Giant Provincial Park, Ontario CN – photo by crazytravel4

If you want to know where Trump is headed on civil disobedience in 2020, consider this about China’s Tiananmen Square demonstrations. Nicholas Kristof reminded NYT readers what Trump had to say about it in 1989:

“When the students poured into Tiananmen Square, the Chinese government almost blew it, Trump told Playboy Magazine….Then they were vicious, they were horrible, but they put it down with strength. That shows you the power of strength.”

Overwhelming force is Trump’s plan, just like the Chinese. Here’s a list of the military, government police units and militia-like components of the US Government that are walking the streets in Washington DC:

That’s 14 discrete police and military groups patrolling DC. And it didn’t stop there. The Trump campaign just changed his MAGA hats from red to camouflage, and is calling supporters the “Trump Army“:

Yep, Trump wants an army to fight off the liberal mob.

The Daily Beast reported that Trump and Barr have come up with a possibly legal way to bring troops into America’s cities:

“The idea was to…rely on the FBI’s regional counterterrorism hubs to share information with local law enforcement about, in Barr’s own words, ‘extremists’.”

The Wrongologist

Geopolitics, Power and Political Economy

Category: First Amendment Issues

Monday Wake Up Call – November 21, 2022

Free Speech Is About To Get Tested

Are We Getting Close to Civil War?

Monday Wake Up Call – July 20, 2020

Defund the Police? Really?

Trump’s Authoritarian Impulses