Heel, don’t Kneel

The First Amendment protects us from government restrictions on the free expression of one’s personal and political views. It is different within the private sector.

Employers may limit the exercise of free speech when it directly affects their business.

No one can argue this. To paraphrase Oliver Wendell Holmes, Jr.

“An employee may have a constitutional right to talk politics, but he has no constitutional right to be employed.”

Aside from the legal arguments, there is a more significant issue at stake with the NFL ban on players taking a knee during the National Anthem.

While most Americans, regardless of their political leanings, freely stand during the National Anthem in gratitude for those who fought to preserve our way of life, implicit in that sacrifice is the right to do otherwise.

I often chafe at the inattentive, text-addicted, hats still on idiots who either stand because everyone else is or sit drinking beer when the anthem is played before a game. But it is their right to do so.

Ignorant, rude, or just downright asinine as it may be.

But I wouldn’t want to see uniformed police officers roaming through the crowd and hauling them off for it either. (I might find it momentarily amusing, aside from the serious constitutional issue.)

The NFL situation is different on two levels.

First, if this was an intrinsic element of the game, then the owners have every right to insist players comply.

It is not. It is a moment at most public venues where we pay homage to this nation. Which implies the right to express a different political opinion.

Second, and more critical, this wailing and gnashing of teeth that the constitutional guarantee of free speech has limitations in the private sector and players must comply with a workplace requirement is all a smokescreen to the real issue.

Americans do not like the very public reminder of the persistence of bigotry and prejudice. They do not like their sacred sports game marred by such a divisive issue. They prefer to keep it in the closet on game day, and then ignore it for the rest of the week.

To further illustrate the point, the protest must be working in raising the issue otherwise no one would care.

Which makes the restrictions put in place by the NFL, albeit legitimate under the most common interpretation of the Constitution, more troubling.

While the NFL owners have much latitude in controlling the players when they are “working,” to insist they can regulate free speech, during a ceremony that honors free speech, for the benefit of their bottom line, is troubling.

If it is that important an issue, fire them.

Remember, the first act of American patriotism was to challenge the King’s government for the right of freedom of expression.

Do we seek to return to the times of pledging loyalty to the government as a condition of being an American? Is it that some people miss the days when the government would ask “Are you, or have you ever been, a communist?”

While the NFL issue is minor in the big scheme of things, it is the conglomeration of little things, chipping away at liberties, that cause real damage. This issue may be nothing but a single termite, but termites are never alone.

Let the players take a knee, do backflips, or whatever. When the anthem plays, focus all the cameras on the Stars and Stripes flapping in the breeze above the flag-draped Bud Light advertisements.

Alabama Supreme Court Justice Roy Moore: Seeking a Return to the Dark Ages

I wrote this last year about “Judge” Roy ‘get ’em while they’re young” Moore.  If a Supreme Court Justice can’t follow federal law, how can he represent Alabama in the Senate?

This is just one aspect of a troubled, character-flawed, hypocrite. Mix in unlawful sexual proclivities, and it is frightening. Come on, Alabama, this is not the America you are part of.

 

In case you have never heard of Justice Roy Moore, he is the current Chief Justice of the Alabama Supreme Court. He’s held the job twice and lost it once.

So far.

In 2003, he was removed from office when he refused to comply with a federal court order to remove a Ten Commandments monument he installed in the rotunda of the court.

So, of course, the progressive segment of Alabama voters re-elected him in 2012.

Now his battle is same-sex marriage. He is suspended from office for sending an administrative order to Alabama probate judges telling them Alabama Law banning Same Sex Marriages was in full force and effect.

He lied. It was not.

In 2015 the US Supreme Court, in Obergefell V. Hodges, legalized gay marriage thus trumping (I love that word) any State prohibitions. Keep in mind, the US Supreme Court still had the full complement of Judges. Scalia, a staunch opponent of same-sex marriage, still sat on the court.

Even he couldn’t persuade the court to uphold the ban; law and rationality prevailed.

Moore sent the letter six months after the Supreme Court decision. He either knew the letter was not based on established law or didn’t care.

But, to Justice Moore, it makes no difference. He has God on his side. Just ask him, he’ll tell you he does. He’ll tell you that his faith is the one true interpretation. The one true path. The basis for the entire government of the United States.

He’ll tell you that the diversity of this country, the willingness to accept people as they are not as we think they should be, will be its demise.

The law be damned.

Justice Moore is the poster child of our sordid and bigoted history. Those in a position of power imposing their faith, their beliefs, their views on those with no power. The fact that someone holding such archaic and prejudicial beliefs can rise to such a position speaks volumes about the lack of progress toward true universal tolerance in this country.

It is because of people like him that we need a strong and intellectually honest judiciary. One that looks at the law and ensures its fair application. One that also abides by their decisions.

There is no better evidence for the gravity of the upcoming Presidential election than someone like Justice Moore.

Bigots embrace this man’s philosophy and seek to impose it on all by seizing power in government.

A true nightmare would be a US Supreme Court comprised of people like Justice Moore. A man who seeks to justify his own ignorance, intolerance, and lack of empathy for his fellow man by cloaking himself in a judicial robe.

I don’t know where Justice Moore went to Law School, but he should seek a refund. To the people who elected him and re-elected him, do the country a favor and skip the election in November.