Law 18: On the Individual Right to Own Nuclear Weapons
A military occupation of a foreign country allegedly “for the oil fields” means you want to convince people it is in order to pay top dollar for oil, when it would be much less expensive to just buy it.
Vaccination in an Age of Opioid Crisis
DC AG subpoenas Facebook for data on ALL users that have spread “COVID-19 misinformation.”–Unmasking people for wrongthink. (Reclaim the Net)
“The subpoena is part of a previously undisclosed investigation into whether Facebook is violating consumer protection laws.”
The story is quite hazy. It isn’t clear to me on what legal grounds the subpoena is issued. Consumer protection? When someone opposes vaccination, he certainly is no consumer of vaccines. ‘’Consumer’’ protection for vax dealers from their market then?
That they still have the effrontery to tell people what information and misinformation on health issues is while in the middle of an opioid crisis that has claimed more than half a million lives is mind-blowing.
In the middle of an opioid crisis that has claimed more than half a million lives† the ‘’administrative state’’ (John Marini) is in no position to tell citizens what information is and what misinformation (for instance on vaccines).
“The Food and Drug Administration is responsible for protecting the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices.’’ (FDA’s Website) No, the FDA is not responsible for that since in the middle of an opioid crisis of such magnitude no accountability claim is raised against the FDA.
†« La crise des opaciés ayant fait plus d’un demi-million de morts depuis vingt ans » (Le Figaro newspaper, June 28, 2021)
Compulsory Love: State Rape of Consciences
Supreme Court Refuses To Decide If Floral Artist Loses Her Religious Liberty At Shop Door. (The Federalist, July 2, 2021)
Soon no one will know what to expect.
“In Burton v. Wilmington Parking Authority (1961), the U.S. Supreme Court noted the ‘public aspects’ of a restaurant charged with racial discrimination, primarily attributable to the fact that it was a lessee in a publicly owned building. However, the ruling made it clear that not every lease of public property would be considered a sufficient entanglement to justify a finding of state action.” (Kennedy & Schultz, American Public Service, 2011).
This means there can be no charge of racial discrimination against restaurants that have no ‘public aspect’ about them (not in the sense of public accommodation but in the sense for example of being a lessee in a publicly owned building).
And this while “Under U.S. federal law, public accommodations must be accessible to the disabled and may not discriminate on the basis of ‘race, color, religion, or national origin’” (since the Civil Rights Acts – the case cited above predates the 1964 federal act but, as you know, a federal statute does not empty out a Supreme Court’s decision and, on the contrary, if it were argued that the federal statute runs into the decision that would mean the statute is unconstitutional.)
The case discussed by The Federalist is about derogations to anti-discrimination laws in public accommodations such as cakeshops or flower shops. Why even talk of derogations? If a restaurant with no ‘public aspect’ about it is immune from charges of discrimination under federal law, you bet a flower shop is immune from a whacky state law (unconstitutional to begin with).
The Supreme Court of the United States (SCOTUS) declined to hear the case because, I’m sure, they know they would have to uphold the florist’s rights against Washington state’s anti-discrimination law and… they didn’t want to.
The Court had the clear duty to protect the florist’s right because this was expected by everyone from 1/ the Court’s case law (Masterpiece Cakeshop, 2018) and 2/ the Court’s action in the present case: “The Washington Supreme Court upheld the ban, even after SCOTUS asked the state’s court to keep the landmark Masterpiece Cakeshop ruling into account.” (The Federalist) 1+2=hear the case, not dismiss it.
One responsible for the declinal and contempt of an American citizen’s freedom is Justice Amy Coney Barrett… It seems it always works: she was so vilified and demonized as an extremist during the hearings that she might become a liberal swamp creature now in everything she does as Justice, if she has freaked out.
There are enough community-friendly businesses around with the little flags, leave people alone.
As Finnish politician Päivi Räsänen is currently prosecuted for hate speech in Finland after having expressed her Christian views about homosexuality (see Law 11), let us remember a case in Finland’s neighboring Sweden, where Pentecostal Pastor Åke Green was acquitted by the Swedish Supreme Court applying Articles 9 (freedom of conscience and religion) and 10 (freedom of speech) of the European Convention on Human Rights (ECHR) against the Swedish criminal code.
For having in a sermon “described ‘sexual perversions’ (referencing homosexuality) as ‘abnormal, a horrible cancerous tumor in the body of society’ [and] said that a person cannot be a Christian and a homosexual at the same time’’ (Wikipedia), Pastor Green was prosecuted for group libel (hets mot folksgrupp, ‘’incitement against a group’’) and sentenced to one month in prison. The court of appeals overturned the sentence, leading the attorney general, unsatisfied that Pastor Green could get off scot-free for expressing his views, to bring the case before the Supreme Court.
In 2005 the Supreme Court, invoking the ECHR that applies to all party states (among them Finland too), upheld Pastor Green’s right to express his views.
Then, “[r]esponding to the sentence, Sören Andersson, the president of the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RFSL), said that religious freedom could never be used as a reason to persecute people.’’ (Wikipedia) This is a testimony of this person’s blatantly muddled notions since, even though there were no separation of Church and State in Sweden (there is a national Lutheran church), expressing one’s negative views about homosexuality from outside the national church and state in no way can be construed (contrived) as persecution of homosexuals, and on the contrary it was Pastor Green’s conviction for his speech that was persecution – state persecution (endorsed by RFSL) until the Supreme Court overturned the conviction.
I ask the Finnish courts regarding Päivi Räsänen to uphold Sweden’s interpretation of the ECHR and not to make an empty nutshell of the Convention.
On New Definitions as Hot Air
A new definition of antisemitism by the U.S. State Department is not a matter of law and can have no judicial effect on American citizens since antisemitism is nonexistent as a legal object to begin with (there is no constitutional hate speech law in the U.S. thanks to the First Amendment). As I see it, they intend the move as an international policy pressure tool: since anti-Zionism is now, by this new definition, antisemitism, they can object to anti-Zionist standpoints from other countries as antisemitic, and presumably they believe it will give the American administration more self-willfulness in their unconditional (and therefore, in my opinion, unconstitutional) alignment with Israel (aligned no matter what the latter’s policies are).
Probably mainstream media will talk a good deal about it? Governor Greg Abbott led the way by having the definition adopted already in Texas (see Law 17). I don’t know what it is in Texas, whether a statute, an executive act, or a sheet of paper signed by Abbott and flaunted to cameras. No idea, but neither this Texan nor the U.S. State Department’s definition is a normative act. They’re using their constitutional powers for non-normative activity. HOT AIR. Symbolically you might resent it, and symbolically mainstream media might make a lot of fuss about it as if it were lawmaking, but legally speaking this hot air is showing us some people at the end of their tether if anything.
(“At the end of their tether” means that if the hot air becomes too visibly pathetic they are going to resort to illegality in broad daylight.)
To be sure, antisemitism might be considered a legal object through the dubious category of hate crime (a crime against an individual is thought more egregious when the alleged motivation is hate towards a group). I call the category dubious but so far it has not been declared unconstitutional, so I make the present qualification. However, this does not change one jot to what I wrote, as neither the State Department nor Abbott’s definition binds courts, which will continue to use their own sovereign definitions.
Given that the new administration’s barefaced hostility to the First Amendment can only lead to their blowing hot air and never to legitimate lawmaking, the greatest threat of illegal violence at this juncture in the USA is poised against law-abiding dissenters. There is something pathetic about blowing hot air which cannot escape them (the administration, the government) long.
On the Individual Right to Own Nuclear Weapons
“If you wanted to take on the government, you need F-15s and maybe some nuclear weapons.’’ (Joe Biden)
Defenders of the Second Amendment have memed about the F-15s, with pictures of jet planes displayed on private lawns and such like. The Second Amendment, I argue, allows one to own nuclear weapons. Here’s the story: “The only instance where a court has permitted the prior restraint of a newspaper was in United States v. Progressive, Inc., 467 F. Supp. 990 (W.D. Wis. 1979), where a federal court enjoined a magazine from publishing the directions on how to make a hydrogen bomb. The government feared that publishing the recipe for the bomb would threaten the United States. Eventually a federal court of appeals decision lifted the injunction on publication of the directions and the Progressive Magazine published the hydrogen bomb recipe in an article.’’ (Encyclopedia of American Law, Schultz ed., 2002: prior restraint)
The recipe for the H bomb was published in a magazine around 1979 (after the restraint on publication was lifted by a court of appeals). The prior restraint was lifted because the court of appeals did not agree with the government that publishing the recipe would threaten the United States. Therefore, as publishing the recipe for a nuclear weapon is not a threat such as prior restraint would be warranted, similarly owning a nuclear weapon is not, since publishing the recipe is only a step to making and owning the weapon, not an end in itself. As a consequence, any statute prohibiting the making and owning of nuclear weapons violates the Constitution.
Health Official [Nova Scotia, Canada]: Banning Public Gatherings Stops “Misinformation” Spread.
Every piece of information about Canada should appear with a mandatory warning: ‘’Canada.’’ You can’t go on freaking people out like this.
Libel Law and the Political Cartel
Justices Thomas and Gorsuch call for a revisiting of 1964 case that prevented public figures suing for defamation. (Reclaim the Net)
Well, public figures are not “prevented” from suing, only they must show actual malice when the statements are untrue, that is, the onus of the proof is on them. – Let these two Justices have their way and soon you’ll have nothing to envy to Canada. Of course, public figures can sue, only claimants must demonstrate defendants’ actual malice, and this is what Justices Gorsuch and Thomas disagree with. They want politicians to be censors through gag trials as politicians do in other countries like Canada.
Reclaim the Net wrote a rather supportive paper on Justices Thomas and Gorsuch’s opinion that libel law should be changed regarding public officials (read: politicians), that is, that NYT v. Sullivan should be reversed. Therefore, they endorsed a view contrary to free speech, they defend politicians’ so-called personality rights against free speech, supporting the two Justices’ view that the line should be drawn as it is in Canada, for instance, which is to pave the way to a political class forming a protected political cartel. This betrays Reclaim the Net’s conservative militancy, that is, their alignment with party politics. As it is observed that the media environment is biased towards the Democratic party and against the Republican party, the two Justices think that aligning libel law with all other western democracies’ practice (with their political cartels) will allow Republican politicians to respond to smear campaigns (as if such campaigns were really detrimental to them, to begin with, rather than the opposite). To make a long story short: this will Canadize (Canada-ize) the USA. (But as I said already time and again hostility to free speech is universal among professional politicians: this statement is my contribution to political SCIENCE.)
(One more thing: When you will have Canadized USA through libel law, it will only be a matter a time before USA adopts hate speech laws Canada-wise and alternative social platforms will be no more.)
Canada marching towards tyranny as move to criminalize dissenting speech moves closer to reality. (Natural News)
Hate speech is already a crime in Canada and has been for decades. Therefore, Canada is not “moving to criminalize dissenting speech,” as if it did not exist already in the country.
“The proposed legislation by the Justice Department of Canada would tamp down on hate speech by adding language to the Canadian Human Rights Act and Canadian criminal code to try to clarify the definition of hate speech.”
We’re talking of a mere “clarification” of the definition of hate speech. – Opponents to this “clarification” are not opposed to hate speech legislation, quite the contrary: “This bill will not target hate speech – just ensure bureaucrats in Ottawa are bogged down with frivolous complaints about tweets,” Rob Moore, the Conservative Party’s Shadow Minister for Justice and Attorney General of Canada, noted.” Canadian conservative opposition feels the clarification of the definition of hate speech will not target hate speech and therefore it is bad. For them criminalization of hate speech is GOOD. And they’re the opposition!
Two “Western Democracies’’ Worlds Apart
Tennessee mayor powerless to remove ‘vile’ anti-Biden flag.
The flag, which says, “(expletive) Biden and (expletive) you for voting for him,” was propped up at least a month ago at a home in Munford.
Mayor Dwayne Cole said the city attorney looked into the matter and, despite the wave of complaints, determined that the homeowner is within his rights to fly the flag. (Washington Examiner, July 4, 2021)
Une jeune femme interpellée à Toulouse pour une banderole “Macronavirus” dans son jardin. La police l’a placée en garde à vue pour « outrage », avant de la relâcher, indique son avocate. Mediapart fait état de plusieurs interventions policières en France pour des affaires de ce genre.
Les résidents ont obtempéré à la demande de décrochage, mais les policiers sont revenus le lendemain remettre une convocation à l’une d’entre eux. (Sud Ouest, April 24, 2020)
‘’If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither the judge nor jury. Therefore, what he must be taught to fear is his victim.’’ (Lt. Col. Jeff Cooper USMC [United States Marine Corps])
« Réduire la criminalité, seule la victime potentielle peut le faire. Le criminel n’a pas peur de la police, du juge ni d’un jury. Aussi, ce dont il doit apprendre à avoir peur, c’est de sa victime. » (Lieut. col. Jeff Cooper [1920-2006])
Tout le reste est État policier.