Update from the
Heartland
No.822
25.9.17 – 1.10.17
Blog version: http://heartlandupdate.blogspot.com/
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:
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.
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
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