02 October 2017

Update no.822

Update from the Heartland
No.822
25.9.17 – 1.10.17

            To all,
            The follow-up news items:
-- As reported last week [821], the Senate Majority Leader attempted to vote on the Graham-Cassidy Amendment to H.R. 1628 (American Health Care Act); however, at least three Republican senators rejected the amendment.  Yet one more failure!  I keep wondering how many more failed attempts are going to be carried out before the Republicans figure out that only a bona fide, bipartisan, compromise effort to reform and improve the PPACA [432].  A definition of insanity is continuing to do the same thing over and over, and expecting a different outcome.  The Republican nonsense is insanity by definition.  This idiotic intransigence simply must stop.

            The brouhaha over the NFL players protests exploded when Trump decided to publicly condemn the involved players in his usual crass manner.  I see the issue in far larger terms.  This is not about protesting, or the First Amendment.  It is about the proper time and place.  Every citizen holds among others the constitutional guaranteed right to speak freely and frankly as they choose.  There are qualifiers, e.g., a citizen’s words cannot incite a riot, cause panic and injury, et cetera.  I absolutely, categorically and emphatically support any citizen to speak their mind, to void their opinion, and to engage in vigorous public debate.  I also support the original purpose of the catalytic Kaepernick protest in 2016 – abusive conduct by police toward citizens of color.  To me, this kerfuffle is about the proper time and place.  When I wear a uniform or otherwise represent an organization, I do not enjoy the right to say whatever pops into my little pea-brain.
            The Supreme Court decided that flag-burning qualified as free speech—Texas v. Johnson [491 U.S. 397 (1989)] [420].  As a consequence, Congress quickly passed and President Bush (41) signed into law the Flag Protection Act of 1989 [PL 101-131, 103 Stat. 777; 28.10.1989], which the Supreme Court invalidated as an unconstitutional imposition upon a citizen’s right to speak freely—United States v. Eichman [496 U.S. 310 (1990)] [420].  We can rail and whine about the form of protest, but the law protects the rights of every citizen to protest in the form they choose.
            Where I get crosswise with the protesters and the President comes in the choice of venue.  If any organization allows employees to say or do whatever they want whenever they want on duty or not, then all is right with the world.  Full stop!  However, most organizations (and the NFL is one such organization) have rules that whatever is spoken or done on behalf of the company or on duty must be approved by the company.  If an NFL team organization supports a player flipping the bird to the crowd during the National Anthem or burning the flag on the field, then such conduct is allowed.  The Supreme Court of the United States has affirmed that right of expression as noted above.  By my reading of the NFL rules, Kaepernick’s protest and others is a clear and direct violation of those employment rules.  Further, the military does not allow service members to bring disrepute to the service even if a member is out of uniform or off duty.
            I will say, I think the Dallas Cowboys have handled all this the best of all the NFL teams.  They knelt together arm-in-arm before the game, and then stood for the National Anthem.  I support Kaepernick’s protest, while I condemn his choice of time and place for that protest.

            Why is it that some men (and here, I do say that to be gender specific, as they are predominately males) feel so bloody compelled to dictate how everyone else must live their lives?  It is a serious question for this forum and public debate.
            Alabama Republicans chose Judge Roy Stewart Moore to represent them in the December election to fill the seat of Jeff Sessions.  We would all be hard-pressed to find a more blatant and unrepentant moral projectionist than Roy Moore.  He has not brought credit to Alabama and he will not do so if he is elected to the Senate in December.  I urge Alabamians to reject Moore.

            Health and Human Services Secretary Thomas Edmunds ‘Tom’ Price resigned after being called out by the Press for racking up reportedly a million dollars of charter jet travel in his six month tenure.  The wastage of precious Treasury funds on extravagant travel brightly illuminates the grotesque hypocritical conduct of the Trump administration leadership and the paucity of any loyalty from the Donald for those who serve at his pleasure.  The Press has rightly rebroadcast Price’s public criticism of then Speaker of the House Nancy Pelosi for using government aircraft, and his actions as HHS Secretary are far more egregious.  Yet, what is even more offensive than Price’s paucity of ethics is Trump’s continuing, pervasive thumbing of his nose at government service ethics.  Nearly every weekend since he became president, he has used the most expensive business jet in the world to haul himself, his family, White House staff and assorted other “blessed” individuals off to one of his myriad resort properties.  The federal government is paying millions of dollars to the Trump Organization to house and feed everyone.  Who profits from that revenue, the unpaid advertising and associated benefit?  I am not against the President getting out of town on the weekends.  Roosevelt and Churchill did the same thing consistently during World War II.  What is different?  Answer: they did not profit from their weekend get-a-ways.  The real hypocrisy in all this, beyond the obvious Price malfeasance, Trump continues to be the worst example I can find in recorded history.

            The leaders of Catalonia claim the non-state-sanctioned independence referendum vote on Sunday, overwhelmingly favored independence from Spain.  The referendum vote was boycotted by opponents and marred by violence, with more than 760 people and 11 police officers injured.  The vote moves Spain closer to a serious political and constitutional crisis.

            I woke up to perform the final edit of this edition of the Update, to find the news services saturated by the mass-shooting at the Route 91 Harvest Festival in Las Vegas, Nevada.  The shooting began circa 22:08 [U] PDT, Sunday, 1.October.2017.  Authorities reported 20+ killed and 100+ injured.  Listening to the video suggests the shooter had at least one automatic weapon (probably an assault rifle) with more than one drum magazine.  He fired from a hotel room on the 32nd floor of the Mandalay Bay Hotel and Casino.  Police neutralized the shooter.  The investigation has begun.

            Comments and contributions from Update no.821:
Comment to the Blog:
“The newest version of the travel ban, like the others, is red meat for the base. Were he trying to prevent possible terrorists from reaching the United States, he would have to focus on the nations they have come from in the past; Saudi Arabia, for example.
“Trump presents with an aggressive ignorance that I associate with a certain type of drunk. Various sources have stated that he doesn't use alcohol or other addictive drugs, but he certainly appears to have an attitude in common with those who do. The notion that he would seek out and apply the wisdom of past great leaders clashes with everything we know about his behavior. The questions for the U.S. public and our leaders are how he came to hold this office and what we must change to prevent further damage. We must hold ourselves and our parties accountable.”
My response to the Blog:
            Quite so.  He’s putting lipstick on a pig.  At least he is moving in the correct direction, but his motives cast considerable doubt on his actions.
            Re: “a certain type of drunk.”  Interesting observation . . . the drunk’s paucity of inhibition, control and judgment.  He was duly and properly elected.  If he violates the law, he should be impeached and tried in the Senate.  Our time to hold him accountable is 3.November.2020, and to a certain extent: 6.November.2018.

            My very best wishes to all.  Take care of yourselves and each other.
Cheers,
Cap                        :-)

2 comments:

Calvin R said...

There will never be a "proper time and place" for public protest that suits those who fear change. It's just not going to happen. In any case, the purpose of the NFL protests has nothing to do with either the flag or the national anthem. The timing is a way to get attention without violence.

As far as "disrespect for the flag," first of all, kneeling has never been disrespectful. Kneeling before anyone or anything is mostly a sign of submission or grieving, not of defiance. Beyond that, here are a couple of references: http://www.usflag.org/uscode36.html
https://www.law.cornell.edu/uscode/text/4/chapter-1

It seems disrespect is more commonly things like making T-shirts with the flag. Both references point out that they are guidelines, not enforceable laws. The spirit and the letter of the Constitution allow disrespect because that is part of free speech. (Are we more concerned with the American ideals or the symbol of those ideals?) That said, the First Amendment allows a high degree of control over employees' speech to private employers in situations where employees represent the employer, and that is established law. I have experienced that in customer service work. For example, no customer service person can tell a customer they are an ignorant pig, no matter how true that is. Perhaps the NFL owners let a few people be offended by protests against police brutality rather than upset their most valuable assets, their players and fans.

It's too soon for a thoughtful comment on the horror in Las Vegas.

Cap Parlier said...

Calvin,
Thank you for your contribution.

Re: those who fear change. Agreed! Fortunately, the Constitution and established law mentions nothing about and allows for restrictions of freedom of speech based on fear of change. The NFL protests have nothing to do with the flag or the national anthem . . . I believe I stated that very point.

Re: kneeling versus flag burning. I believe the latter is far worse than the former for several reasons. My only point for raising the Supreme Court’s rulings on flag burning was to that end, i.e., flag-burning is protected free speech, so it is not and cannot be the speech that is objectionable . . . the time & place is based on their employment.

Why the NFL chose not to act in the original Kaepernick act (2016) is baffling to me. The NFL’s failure set the stage for what has happened this year, i.e., they failed to enforce their rules, which established precedent for further violations of their rules. Your customer service experience is directly applicable and appropriate.

Re: Las Vegas. Indeed, far too early. There is a reason or reasons he did what he did. I want to know why. Law Enforcement appears to be making rapid progress in the investigation.

“That’s just my opinion, but I could be wrong.”
Cheers,
Cap