Tag Archive for: First Amendment

Did Oregon Gag the Anti-Gay Marriage Bakers? by Walter Olson

Readers who follow the battles over forfeiture law may recall the recent case in which a North Carolina convenience store owner from whom the government had seized $107,000 without any showing of wrongdoing decided to fight the case in the press as well as in court, backed by the Institute for Justice.

Lyndon McLellan’s decision to go public with the dispute drew a menacing letter from a federal prosecutor about the publicity the case had been getting:

“Your client needs to resolve this or litigate it,” Mr. West wrote. “But publicity about it doesn’t help. It just ratchets up feelings in the agency.” He concluded with a settlement offer in which the government would keep half the money.

That case ended happily, but the problem is much broader: many individuals and businesses fear that if they seek out favorable media coverage about their battle with the government, the government will find a way to retaliate, either informally in settlement negotiations or by finding new charges to throw against them.

That such fears might not be without foundation is illustrated by last week’s widely publicized Oregon cake ruling, in which a Gresham, Oregon couple was ordered to pay $135,000 in emotional-distress damages for having refused to bake a cake for a lesbian couple’s commitment ceremony.

Aside from the ruling’s other objectionable elements, the state labor commissioner ruled it “unlawful” for the couple to have given national media interviews in which they expressed sentiments like “we can see this becoming an issue and we have to stand firm.”

Taking advantage of an exception in free speech law in which courts have found that the First Amendment does not protect declarations of future intent to engage in unlawful discrimination, the state argued — and its commissioner agreed — that the “stand firm” remark along with several similarly general comments rallying supporters were together “unlawful.”

That ought to bother anyone who cares about free speech. I’ve got a piece up at Ricochet.com, my first there, exploring the question in more detail:

Suppose someone began a sentence with the words “I don’t think I should have to serve [group X] at my shop….”

If they follow with the words “but since it’s the law, I’ll comply,” the sentence as a whole would clearly count as protected speech under current law. If they follow with the words “and I won’t, law or no law,” it loses protection.

But suppose the speaker were to end the sentence at “…my shop.” Up to that point, the speaker has expressed only an essentially political opinion, not a forward-looking intention to defy the law.

Such speech is all the more of core First Amendment interest when it takes place not in a local, commercial context but as part of broader political discussions between citizens as to whether laws are unjust or government too heavy-handed.

Read the rest here.

Walter Olson

Walter Olson is a senior fellow at the Cato Institute’s Center for Constitutional Studies.

RELATED ARTICLE: Hypocrisy ALERT: Gay Bakeries Refuse to Make Pro-Christian Cakes [+Videos]

EDITORS NOTE: This piece cross-posted from Cato at Liberty and Overlawyered.

How Team Obama helps The Organization of Islamic Cooperation wage Jihad on Freedom of Expression

Washington, D.C.: The Organization of Islamic Cooperation (OIC), the largest Islamic organization in the world – comprised of 56 UN Member states plus the Palestinian Authority — has long been trying to silence, and ultimately criminalize, all criticism of Islam, specifically targeting America and the West.  What has largely gone unremarked is the help the OIC has received from the Obama administration to this end.

Deborah Weiss, attorney, author and expert on Islamist efforts to stifle free speech reveals in a new monograph published by the Center for Security Policy Press how the OIC is working through UN resolutions, multilateral conferences and other international vehicles to advance its agenda.  The goal of these efforts, according to the OIC’s 10-year program of action, which was launched in 2005, is to combat so-called “Islamophobia” and “defamation of religions”.  In practice, this means banning any discussion of Islamic supremacism and its many manifestations including:  jihadist terrorism, persecution of religious minorities and human rights violations committed in the name of Islam.

Upon the publication of her monograph entitled, The Organization of Islamic Cooperation’s Jihad on Free Speech, Ms. Weiss remarked:

The Organization of Islamic Cooperation is the largest and most powerful voting bloc in the United Nations and yet most Americans have never heard of it. Of particular concern is the OIC’s ten-year program which amounts to an international effort to suppress freedom of expression under the guise of protecting Islam from so-called “defamation.” This initiative, however, is in the service of OIC’s long-term mission: the world-wide implementation of Shariah, a legal-political-judicial-religious doctrine which favors Muslims over non-Muslims, men over women, and denies basic human rights and freedoms.

Ms. Weiss’ monograph documents how the Obama Administration has collaborated with the Organization of Islamic Cooperation in ways that, whether intentional or unwitting, have advanced the OIC’s supremacist agenda.  As it happens, recently released State Department documents obtained by Judicial Watch through court-enforced Freedom of Information Act requests underscore the extent of Team Obama’s collusion with the OIC.

Specifically, these emails offer insights into how, in September 2012, Secretary of State Hillary Clinton and the White House worked with the OIC to fabricate a narrative that falsely blamed an online video “Innocence of Muslims” for the violent uprising at the U.S. special mission compound and CIA annex in Benghazi, Libya.

In the immediate aftermath of the attacks, the documents reveal that the Obama administration immediately went into damage-limitation mode, with a well-coordinated effort to scapegoat the video as the cause of the attack.  Rashad Hussain, President Obama’s envoy to the OIC, reached out to the Organization’s leadership urging it to condemn the “anti-Islamic film” and “its related violence” and to respond in a way that is “consistent with Islamic principles.”

The OIC readily obliged, issuing a statement accusing the video of “incitement” – though nothing in the video called for violence against Muslims – and claiming that it “hurt the religious sentiments of Muslims” and “demonstrated serious repercussions of abuse of freedom of expression”.

The effect was to reinforce the OIC’s goal to protect Islam from “defamation” instead of supporting the US Constitutional principle of free expression.

In her monograph, Ms. Weiss elucidates examples of the escalating assault on freedom of expression that the OIC has launched against the West and their implications. She describes the critical role freedom of speech plays in preserving religious freedom, human rights and national security efforts.  As she correctly points out, “If you look around the world, you will see that freedom is the exception, not the rule.”

Frank J. Gaffney, Jr., President of the Center for Security Policy, observed that:

Deborah Weiss’ important new book is a clarion call to Americans and their federal representatives to end all cooperation with the Islamic supremacists of the Organization of Islamic Cooperation, including cessation of participation in the anti-free speech “Istanbul Process” launched by Hillary Clinton during her tenure as Secretary of State.  Citizens and policy-makers alike should, instead, commit themselves vigorously and unapologetically to freedom of expression – including to its employment as an indispensable weapon in the execution of a comprehensive strategy to defeat the Global Jihad Movement.”

The Center for Security Policy/Secure Freedom is proud to present Ms. Weiss’s monograph as a superb addition to its Civilization Jihad Reader Series.  The Organization of Islamic Cooperation’s Jihad on Free Speech by Deborah Weiss, Esq. is available for purchase in kindle and paperback format on Amazon.com.

EDITORS NOTE: For further information on the threats shariah poses to our foundational liberal democratic values, see more titles from the Center for Security Policy’s Civilization Jihad Reader Series. Readers may purchase The Organization of Islamic Cooperation’s Jihad on Free Speech in Kindle or paperback format on Amazon. Click here for a free PDF of the newly released monograph.

Religious Charities, Gay Marriage, and Adoption: A Case for Pluralism by Walter Olson

At Reason, Scott Shackford has a valuable piece on where libertarians’ interests are likely to coincide with those of organized gay rights advocates and where they are likely to diverge, following the Supreme Court’s ruling on marriage.

One flashpoint of controversy is likely to be the role of conservative religious agencies in areas of adoption that are commonly assisted with public funds (as with the adoption of older kids from foster care).

It is now legal all across America for gay people to adopt children, and now with same-sex marriage, they can adopt their partner’s child as well. This fight is largely over, and was actually pretty much won even before gay marriage recognition.

But there is another side, and it ties back into the treatment of religious people. Some adoption agencies are tied to religious groups who do not want to serve same-sex couples or place children in same-sex homes. They are also typically recipients of state funding for placing children, and are therefore subject to state regulation. Should they be required to serve gay couples?

Some states, such as Illinois, attempted to force them. As a result, Catholic Charities, which helped the state find adoptive and foster home services for four decades, stopped providing their services in 2011.

At the time, a gay activist declared this a victory, saying “Finding a loving home for the thousands in the foster/adoption system should be the priority, not trying to exclude people based on religious dogma.”

Some libertarians I admire have taken the view that where any public dollars are involved, private social service agencies must be held to rigorous anti-discrimination standards.

While I respect this view, I don’t share it.

Programs that are explicitly voucherized (such as G.I. Bill college tuition benefits, which can be used for seminary study) often go to institutions that I might find discriminatory, and the same logic can apply even with some less explicitly voucherized benefits.

If a state depot is dispensing gasoline to rescuers’ boats after Katrina, and Catholic Charities’s boats spare the need for government boats to reach some rescue targets, the “subsidy” might in fact save the taxpayers money.

In Olson’s experience, the more agencies out there serving the needs of the children looking for homes, the better. …

Much as with the controversies over bakers and florists, being denied service by one agency does not actually impact a gay couple’s ability to find and adopt children at all.

But eliminating Catholic Charities from the pool reduces the number of people able to help place these children. It’s the children who are punished by the politicization of adoption, not Catholic Charities.

This is especially important when dealing with older children or children with special medical needs. … Allowing both sides (and others as well) to play their role as they see fit benefits all children in the system.

As for the concern that some adoption agencies take taxpayer money and then discriminate, Olson points out that it’s much more expensive to the taxpayers to leave children to be raised by the state, not to mention terribly cruel.

“If you don’t care about the kids or the families, at least care about the taxpayers,” Olson says. But you should probably care about the kids, too.

I’ve written about the same set of issues (in the foster care context) before. The new Reason piece is here.


Walter Olson

Walter Olson is a senior fellow at the Cato Institute’s Center for Constitutional Studies.

RELATED ARTICLE: ‘Cake Artist’ Fights in Court to Be Able to Refuse to Make Wedding Cakes for Gay Couples

EDITORS NOTE: This post first appeared at Cato.org.

The Demise of America

It has been several months since I have written any counterterrorism articles. During this period I have been to several mosques and conducted individual research studies. I cannot stress enough that America is in serious trouble.

All across our beautiful country we are surrounded by the enemy which is Islam. Where is Islam practiced by the most faithful of Muslims? In mosques. There are over 2300 strategically placed mosques covering all areas of America.

Unlike many counterterrorism experts, I see the Islamic ideology as a whole as the number one enemy of America. There are no moderate Muslims. One is either a practicing Muslim in it’s entirety and follows Sharia law 100 percent, or the person who calls himself or herself a moderate Muslim who doesn’t believe in all aspects of Sharia law, is an apostate and enemy of Islam. Islam does not allow a person to be a half practicing Muslim,

Based on my years of research inside mosques across America, it is a certainty America will continue to be attacked from within. The only way America can be destroyed is by people and organizations within America who follow the Islamic ideology. There are approximately 2 million practicing Muslims in America. There are approximately 3 million who call themselves moderates. Although these people are not considered Muslim in accordance with Islam, they will make a 180 degree turn when Islam is the dominant factor in America. In other words most people who associate with Islam are cowards when it is just themselves. They become powerful giants when they have a large number of other followers with them. This is similar to gangs in America. Cowards when alone, but almighty when they are with a crowd of their own kind.

So far by my above estimates there are 5 million potential mujahadeen fighters inside our country. These people do not adhere by choice to the U.S. Constitution, they adhere to their own constitution which is Sharia law. The U.S. Constitution and Sharia law are in no form compatible. A person cannot follow Sharia law and have allegiance to America. There are many Muslims who say they are American Muslims, but in reality they are non Americans. A non American who does not believe in and follow the U.S. Constitution are potential enemies of our country.

Not only are there 1 million registered Muslims in America, there are millions of Americans who will stand up for Islam before they will America. Every liberal in America is a likely supporter of Islam. Liberals are cowards by nature and like their coward Muslims. They become strong when they are surrounded by like minded people. Liberals like Muslims will align themselves with the group that is currently most powerful. We have seen this in Iraq. The Muslim people loved Americans when we were the powerful army in their country. Now that our troops have been removed they show their support to ISIS and Al Qaeda. Muslims and liberals will always follow the most powerful group in power.

Although there are millions and millions of potential mujahadeen living and working in America, and their liberal supporters, these people rely on powerful leaders. Their leader in America is President Obama and his liberal puppy followers. Americans should not take this statement lightly. Obama has shown over the past few years that he is more aligned to Sharia law than he is the U.S. Constitution. He would rather work with Iranian and other Muslim countries than he would the leaders of Israel.  Obama majored in U.S. Constitutional law, why?  History has shown for thousands of years that in order to defeat an enemy one must know the enemy as well as they know themselves. Obama understands the working structure of our country and knows how to destroy this beautiful country and it’s people.

I spent the most part of my life working within our government. It was my responsibility as a U.S. Federal Agent working counterterrorism to identify the enemies of America. My analysis was always accepted and applauded by government officials at the highest levels. My predictions about upcoming events pertaining to the security of America occurred many times. Below is my analysis and predictions for America in the next five years.

  1. President Obama will become even more powerful within the next year. He will continue to support our Islamic enemies. He will continue to degrade the power and importance of Israel.
  2. Martial law will occur before Obama leaves office, if he leaves office.
  3. The rights of free speech and the ownership of firearms will become ancient rights of our ancestors and no longer current Americans.
  4. America will begin to suffer major attacks on a daily basis by our Muslim enemies and their supporters.

I do not like wars or revolutions because children are the ones who suffer the most. This being said I predict a civil war/revolution in our country. True and Pure Americans will revolt and fight the enemies destroying our country from within. The American civil war within the 1860’s will be looked at like a minor skirmish compared to the upcoming civil war our country will be involved in.

Who will win the war within America? Sadly it is my prediction the enemies of Islam and their supporters will defeat True and Pure Americans because they will have the support of powerful politicians like Obama who hate America, Americans, and the American way of life our forefathers fought and died for.  True Americans can only win if our military leaders come forward and refuse to follow the orders of Obama.  A few will do this, but not enough.

Blurred Lines: The Humanitarian Threat to Free Speech by Aaron Tao

“Think of liberalism … as a collection of ideas or principles which go to make up an attitude or ‘habit of mind.’” – Arthur A. Ekirch

In Democracy in America, Alexis de Tocqueville was keen to observe that “once the Americans have taken up an idea, whether it be well or ill founded, nothing is more difficult than to eradicate it from their minds.”

Reflecting upon my experience as a first-generation immigrant who grew up in the United States, I concur with Tocqueville; this inherent feature of the culture and character of the American people holds true even today.

In America, there are no sacred cows, no one is above criticism, and no one has the final say on any issue. It is worth emphasizing that today, the United States stands virtually alone in the international community in upholding near-absolute freedom of personal expression, largely thanks to the constitutional protections provided by the First Amendment.

But without certain internalized values and principles, the legal bulwark of the First Amendment is nothing more than a parchment barrier.

As cliché as it may sound, it is important to recognize that our cherished freedom to think, speak, write, and express ourselves should not be taken for granted. Defending the principle of free speech is a perennial conflict that has to be fought in the court of public opinion here and abroad.

Unfortunately, a number of recent developments have greatly alarmed civil libertarians and may very well carry long-term negative repercussions for the United States as a free and open society.

In his new book, Freedom from Speech, Greg Lukianoff, the president of the Foundation for Individual Rights in Education (FIRE) and tireless free speech advocate, highlights a troubling cultural phenomenon: the blurring of physical safety with psychological and ideological comfort.

It is a disturbing trend that is not limited to the United States:

People all over the globe are coming to expect emotional and intellectual comfort as though it were a right. This is precisely what you would expect when you train a generation to believe that they have a right not to be offended. Eventually, they stop demanding freedom of speech and start demanding freedom from speech.

On the other side of Atlantic, Great Britain is undergoing what one writer describes as a “slow death of free speech.” The land of Milton is now home to luminaries who wish to reinstate Crown licensing of the press (not seen since 1695!).

Meanwhile, ordinary people face jail time for callous tweeting. In British universities, student-driven campaigns have successfully shut down debates and banned pop songs, newspapers, and even philosophy clubs.

While the United States is fortunate enough to have the First Amendment [to] prevent outright government regulation of the press, cultural attitudes play a greater role in maintaining a healthy civil society.

Lukianoff reserves special criticism for American higher education for “neglecting to teach the intellectual habits that promote debate and discussion, tolerance for views we hate, epistemic humility, and genuine pluralism.”

Within academia, “trigger warnings” and “safe places” are proliferating. In a truly Bizarro twist, it has now come to the point that faculty members are defending individual rights and due process and decrying mob rule, while their students run off in the opposite direction.

We now hear on a regular basis of campus outrages involving a controversial speaker or perceived injustice, and the “offended” parties responding with a frenzied social media crusade or a real-world attempt to shame, bully, browbeat, censor, or otherwise punish the offender.

A small sampling from this season include attempts to ban screenings of American Sniper at the University of Michigan and the University of Maryland, resolutions to create a Stasi-like “microaggression” reporting system at Ithaca College, and the controversy involving AEI scholar Christina Hoff Sommers speaking at Oberlin College.

These incidents are just the tip of the iceberg.

With the endless stream of manufactured outrages, perhaps it is fitting that George Mason University law professor David Bernstein would raise the question, “Where and when did this ‘makes me feel unsafe’ thing start?”

My personal hypothesis: When postmodernism found itself a new home on Tumblr, spread across the left-wing blogosphere, became reinforced by mobs and echo-chambers, and spilled into the real world.

Luckily, not all progressives have sacrificed the basic principles of liberalism to the altar of radical identity politics and political correctness. One liberal student at NYU courageously pointed out the grave dangers posed by the ideology embraced by many of his peers:

This particular brand of millennial social justice advocacy is destructive to academia, intellectual honesty, and true critical thinking and open mindedness. We see it already having a profound impact on the way universities act and how they approach curriculum. …

The version of millennial social justice advocacy that I have spoken about — one that uses Identity Politics to balkanize groups of people, engenders hatred between groups, willingly lies to push agendas, manipulates language to provide immunity from criticism, and that publicly shames anyone who remotely speaks some sort of dissent from the overarching narrative of the orthodoxy — is not admirable.

It is deplorable. It appeals to the basest of human instincts: fear and hatred. It is not an enlightened or educated position to take. History will not look kindly on this Orwellian, authoritarian perversion of social justice that has taken social media and millennials by storm over the past few years.

I, too, am convinced that these activists, with their MO of hysterical crusades, are one of today’s biggest threats to free speech, open inquiry, and genuine tolerance, at least on college campuses. The illiberal climate fostered by these their ideologues seems to be spreading throughout academia and is continuing to dominate the headlines.

As of this writing, Northwestern professor (and self-described feminist) Laura Kipnis is undergoing a Kafkaesque Title IX inquisition for writing a column in the Chronicle of Higher Education and making comments on Twitter that offended a number of students. The aggrieved mobilized in full force to have her punished under the federal sex discrimination law.

These groups and their tactics represent what Jonathan Rauch would describe as the “humanitarian” challenge to free speech. In his must-read book, Kindly Inquisitors: The New Attacks on Free Thought, Rauch identified how these “humanitarians” sought to prevent “offense” to “oppressed and historically marginalized” peoples. In the name of “compassion,” words became conflated with physical action.

As speech codes spread and the definition of “harassment” (reading a book in public, for instance) became broader within the bureaucracy of academia, an “offendedness sweepstakes” was cultivated and turned into the norm.

Rauch’s book was published in 1993, but his diagnosis and arguments still apply today, if not more, in the age of social media when the “offendedness sweepstakes” are amplified to new levels.

Nowadays, PC grievance mongers can organize much more effectively and more often than not, get rewarded for their efforts. The future of a free society looks very bleak should these types become a dominant force on the political landscape. I can’t help but shiver at the prospect of seeing the chronically-offended eggshells of my generation becoming tomorrow’s legislators and judges. The chilling effects are already being felt.

Even as numerous challenges emerge from all corners, free speech has unparalleled potential for human liberation in the Digital Age. The eternal battle is still that of liberty versus power, and the individual versus the collective. I remain confident that truth can still prevail in the marketplace of ideas. It is for this reason we should treasure and defend the principles, practices, and institutions that make it possible.

Last month marked the birthday of the brilliant F.A. Hayek, the gentleman-scholar who made landmark contributions to fields of economics, philosophypolitical science, and law, and established his name as the twentieth century’s most eminent defender of classical liberalism in the face of the collectivist zeitgeist.

For all his accomplishments, Hayek practiced and urged epistemological humility (a position that should be natural to any defender of free speech) in his Nobel lecture. Looking back on his life’s work, Hayek was highly skeptical of the nebulous concept of “social justice” and its totalitarian implications. He even went as far as to devote an entire volume of his magnum opus, Law, Legislation, and Liberty, to completely demolish The Mirage of Social Justice.

Hayek concluded:

What we have to deal with in the case of “social justice” is simply a quasireligious superstition of the kind which we should respectfully leave in peace so long as it merely makes those happy who hold it, but which we must fight when it becomes the pretext of coercing other men [emphasis added].

And the prevailing belief in “social justice” is at present probably the gravest threat to most other values of a free civilization.

Hayek did not predict that “social justice” would be first used to silence dissent before moving on to its long-term agenda, but it would not have surprised him. Weak ideas always grasp for the censor in the face of sustained criticism — and feeble ideas made strong by politics are the most dangerous of all.

Humanitarians with guillotines can be found from the French Revolution to present day. Modern day defenders of individual liberty would do well to heed Hayek’s warning and resist the Siren song of “social justice,” the rallying cry of collectivists who cannot realize their vision without coercion.


Aaron Tao

Aaron Tao is the Marketing Coordinator and Assistant Editor of The Beacon at the Independent Institute.

Atheist Range War against Colorado High School Cowboy Church

Students in Colorado love their Cowboy Church and prayer but one teacher is suing to stop them.

Eco-Catholics, Eco-pessimism and the Decline of Confidence in Religion

Cathy Lynn Grossmann in USA Today writes:

Americans have less confidence in organized religion today than ever measured before — a sign that the church could be “losing its footing as a pillar of moral leadership in the nation’s culture,” a new Gallup survey finds.

“In the ’80s the church and organized religion were the No. 1″ in Gallup’s annual look at confidence in institutions, said Lydia Saad, author of the report released Wednesday.

Confidence, she said, “is a value judgment on how the institution is perceived, a mark of the amount of respect it is due.”

Why has respect for the moral leadership of the Church declined?

Perhaps religion in general and the Catholic Church in particular, under the leadership of Pope Francis, are to blame?

Mitchell C. Hescox in the National Catholic Reporter wrote:

Pope Francis’ increasingly powerful statements on global warming highlight that climate action is becoming a growing moral imperative for all people of faith. Why? Because climate action is about saving people.

[ … ]

Every child, born and yet-to-be born, deserves the promise and holy covenant of clean air and a healthy climate. What’s more, every child deserves to reach the fullness of his or her God-given intellectual abilities. If we continue to rely on toxic mercury-emitting, coal-burning power plants, we risk harming our children’s achievements.

[ … ]

Action to slow warming will protect future generations’ mental development and potential, by assuring that human development is healthy and sustainable as we move from dangerous, polluting and highly subsidized fossil fuels to clean, affordable renewable energy. This transition will turn energy poverty into energy prosperity.

The Catholic Church, aligning itself politically with the Obama administration, has declared war on coal, oil and natural gas. But will eliminating coal, oil and natural gas as energy sources truly help children “reach the fullness of his or her God-given intellectual abilities”? Will the move away from fossil fuels “turn energy poverty into energy prosperity”?

The short answer is no.

Julian Simon nailed his theses to the door of the eco-pessimist church by publishing his famous article in Science magazine: “Resources, Population, Environment: An Oversupply of False Bad News.” Thirty five-years ago Simon recognized the dangers of eco-pessimism. In his article he wrote:

False bad news about population growth, natural resources, and the environment is published widely in the face of contradictory evidence. For example, the world supply of arable land has actually been increasing, the scarcity of natural resources including food and energy has been decreasing, and basic measures of U.S. environmental quality show positive trends.

The aggregate data show no longrun negative effect of population growth upon the standard of living. Models that embody forces omitted in the past, especially the influence of population size upon productivity increase, suggest a long-run positive effect of additional people.

Prosperity is based on the availability of cheap reliable power. There are no such things as wind and solar power. There is wind-fossil fuel power and solar-fossil fuel power. This is because wind and solar are costly and unreliable sources of energy and require backup power generation, e.g. when the wind stops blowing and the sun sets.

In his column “The Poor Need Affordable Energy” Iain Murray writes:

Affordable energy is fundamental to what economist Deirdre McCloskey calls the “Great Fact” of the explosion of human welfare. It remains central to the reduction of absolute poverty. Yet, some Western governments are working to increase energy costs, purportedly to combat global warming.

What they are really combating is prosperity.

This is perverse and regressive. In America and Europe, energy takes up a much larger share of poor households’ budgets compared to other income brackets. For instance, a household with an annual income between $10,000 and $25,000 spends well over 10 percent of its budget on energy, according to the Bureau of Labor Statistics. And a January 2014 study for the American Coalition for Clean Coal Electricity found that “households earning $50,000 or less spend more on energy than on food, spend twice as much on energy as on health care, and spend more than twice as much on energy as on clothing.”

Increasing the cost of energy also harms people’s health. That’s because energy use is so fundamental to modern life that it can take precedence over other household expenses — including health care. The National Energy Assistance Directors’ Association found that an increase in energy costs led 30 percent of poor households to reduce purchases of food, 40 percent to go without medical care, and 33 percent to not fill a prescription.

As Erick Erickson notes in his column “Ecology Theology“:

[T]he Bible does have an ecology theology in it.

And God blessed them. And God said to them, “Be fruitful and multiply and fill the earth and subdue it, and have dominion over the fish of the sea and over the birds of the heavens and over every living thing that moves on the earth.” Gen. 1:28 (ESV)

There are five imperatives in Genesis 1:28

(1) Be fruitful and (2) multiply and (3) fill the earth and (4) subdue it, and (5) have dominion over the fish of the sea and over the birds of the heavens and over every living thing that moves on the earth.

  1. Procreation. Man is told to be fruitful and multiply again after the flood.
  2. Colonization. There is a frontier mentality. Don’t simply stay in paradise or within sight of it, but go to every corner of the earth. There is a civilization component.
  3. Fill the earth.
  4. Work and keep the earth.
  5. Subdue and have dominion. This is a royal figure of speech “to have dominion, to subdue, and to rule.” Man is a representative of God. This is a world and life directive including culture and spiritual realms. Man is to be the earthly overseer.

The Lord God took the man and put him in the garden of Eden to work it and keep it. Gen. 2:15 (ESV)

The great danger is when the church and state become one and the same. When the Church mimics the policies of the state confidence in both organizations declines.

If the Catholic Church wants to truly reduce poverty, then it will support efforts to provide cheap and reliable energy to every child. That means using more, not less, fossil fuels.

RELATE VIDEO: The moral case for fossil fuels.

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Ecology Theology

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First They Came for Pamela Geller, and I Did Not Speak Out

Over at PJ Media I explain why everyone who cares about free speech should be standing with Pamela Geller today:

“This is a showdown for American freedom,” said Pamela Geller about the abortive jihad beheading plot against her, and she was right. The showdown is right upon them now, and mainstream media talking heads have no idea of the significance of what is happening.

“They targeted me for violating sharia blasphemy laws. They mean to kill everyone who doesn’t do their bidding and abide by them voluntarily,” Geller added.

“It’s just beginning,” she warned. “ISIS is here. Islamic terrorism is here.”

That is all true. The jihad plot against Pamela Geller was an attempt to enforce Sharia blasphemy laws upon someone who does not accept them. If it had succeeded, it would have shown Americans that no one who deviates from Sharia norms is safe. It would have been a staggering blow to the continuation of the U.S. as a free society.

Heedless of these manifest implications, however, the mainstream media hasn’t caught on. The execrable New York Daily News couldn’t stop sneering at the heroic Pamela Geller — “conservative firebrand,” “Upper East Side right-winger” — even when she was a direct target of an Islamic State-inspired murder plot.

CNN’s Chris Cuomo, interviewing Geller, lectured her:

You can show the cartoon. People have the equal right to criticize your showing the cartoon as an overt provocation of a religion.

And he asked her:

Why not do what we often teach as a function of virtue — when we’re dealing with savagery — which is show that we are better than this? Not show that we can poke them in the eye in a way they don’t like it.

Geller rightly responded:

That’s not what you’re doing. You are submitting, and you are kowtowing. And they’re saying to you, if you draw a little cartoon; if you draw a stick figure and say it’s Mohammed, we’re going to come and kill you. And so you say, okay, we won’t — we won’t draw it. CNN won’t show it.

The Daily News and Chris Cuomo and the rest at CNN, along with their many colleagues among the comfortable media and political elites, are happy to throw her under the bus. They effectively say: “Free speech? Yes, of course, but not deliberate provocation.

They don’t realize that whatever distaste they may have for Pamela Geller (and that distaste ultimately derives from the fact that she speaks truths they would rather ignore and deny), she stands for all of us now. Whether you’re as proud to stand with her as I am, or whether you wish she would go away, she is the figure today about whom one must decide: will I stand for freedom, or kowtow to violent intimidation? Will I submit to the tyranny of violence, or defend free society?

Remember Pastor Niemöller from World War II?

First they came for the Socialists, and I did not speak out — because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out — because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out — because I was not a Jew. Then they came for me — and there was no one left to speak for me.

Well, here we are. Those days are upon us again, and as few, or fewer, people are paying attention to what is happening as were in those days….

Read the rest here.

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The problems with this should be obvious, and it’s a sign of the fix we’re in that they aren’t. Who decides what speech is “intended to stir up hatred against a particular group”? Islamic supremacist groups such as Hamas-linked CAIR and other “Islamophobia”-mongers relentlessly claim that foes of jihad terror and Sharia supremacism are stirring up hatred against Muslims. This charge is entirely baseless, as any Muslim who sincerely rejects jihad terror and the imposition of Sharia in the West should be standing with us, and is welcome to do so.

But the key question here is, who decides? The allies and friends of those who believe, or claim to believe, that it is “inciting hatred” to oppose jihad terror and Sharia supremacism are in the corridors of power. If the Democrats succeed in criminalizing “hate speech,” there is no doubt that it will become illegal to speak honestly about the nature and magnitude of the jihad threat, and the jihadis will be able to advance unimpeded.

“Half of Democrats support a ban on hate speech,” YouGov, May 20, 2015 (thanks to Anne Crockett):

Most Americans support expanded federal hate crime laws, but are divided on banning hate speech

Since 1994 people convicted of federal crimes motivated by the ‘actual or perceived’ identity of victims have faced tougher sentences. Many other states had passed ‘hate crime’ statutes in earlier years, and in recent years many states have been adopting laws which make crimes motivated by the victim’s sexual orientation of gender identity hate crimes which face tougher sentences, something the federal government did in 2009. Unlike much of the rest of the developed world, however, the United States does not make it a criminal offense for people to make statements which encourage hatred of particular groups. For example a prominent British columnist, Katie Hopkins, is being investigated by the police for referring to African migrants crossing the Mediterranean as ‘cockroaches’.

YouGov’s latest research shows that many Americans support making it a criminal offense to make public statements which would stir up hatred against particular groups of people. Americans narrowly support (41%) rather than oppose (37%) criminalizing hate speech, but this conceals a partisan divide. Most Democrats (51%) support criminalizing hate speech, with only 26% opposed. Independents (41% to 35%) and Republicans (47% to 37%) tend to oppose making it illegal to stir up hatred against particular groups.

Support for banning hate speech is also particularly strong among racial minorities. 62% of black Americans, and 50% of Hispanics support criminalizing comments which would stir up hatred. White Americans oppose a ban on hate speech 43% to 36%.

When it comes to crimes motivated by hatred, most Americans do back the current federal hate crime laws, including the expanded definition of hate crime passed in 2009. 56% of Americans back the federal law mandating tougher penalties for cimes motivated by race, religion or gender, and 51% support expanding that to include sexual orientation, gender identity and disability. Democrats (68%) tend to be much more supportive of the law than either independents and Republicans. Republicans (38% to 39%) are split over the expanded definition of hate crime, while independent tend to support (46%) rather than oppose (28%) it….

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Pamela Geller and the Hijacking of America

On the morning of September 11, 2001, I couldn’t help thinking, I could have been a passenger on one of those planes that crashed into the World Trade Center. Today the feeling is back, as if we are all passengers on a hijacked plane the size of America, heading towards an imminent crash. The question is, knowing what we know now, what are we going to do about it?

Shortly before American Airlines Flight 11 hit the North Tower, an Egyptian-born jihadi, Mohammed Atta, addressed the passengers over the intercom:

“Just stay quiet, and you’ll be okay.  We are returning to the airport… Nobody move.  Everything will be okay.  If you try to make any move, you’ll endanger yourself and the airplane.  Just stay quiet… Nobody move, please…  Don’t try to make any stupid moves.”

Twenty minutes later they died a horrible death, accompanied by hundreds of people inside the North Tower. Had the passengers known the real plan, they might have attempted to take matters into their own hands and possibly avert a bigger disaster. But they likely believed Mohammed Atta, especially since no hijacker had deliberately crashed a plane before.  Many were probably thinking, Let the government sort it out, that’s whom the terrorists always blackmail. We just need to stay quiet and make no stupid moves. Of course we’ll be okay.

Tactical deception, especially when lying to non-Muslims, is legally sanctioned under Sharia, which is a mainstream, universal Islamic law.  In Sunni Islam, such practice is referred to as mudarat, or taquiyya.

Fast-forward fourteen years to Garland, TX.  Jihadists drove a thousand miles to enforce Sharia blasphemy laws. The cop who shot them to death likely prevented a gruesome massacre. We are now being told that this would not have happened and everything would have been okay if Pamela Geller and Robert Spencer had stayed quiet and didn’t make any stupid moves, such as, organizing the exhibition of Mohammed cartoons.

This is exactly the behavior of passengers on a hijacked plane. We hope that everything will be okay as long as we remain quiet and make no stupid moves. We willingly trust the voices on TV and hope the government will sort it out. We want to believe that every act of Islamic terrorism is an isolated incident, that they only target the government, and that the 58% of Muslim-Americans in a 2012 survey who think that that critics of Islam in the U.S. should face criminal charges, with 12% of them favoring the death penalty for blasphemy, are not part of a bigger phenomenon. Just stay quiet and nothing bad will happen. After all, no terrorist has ever hijacked and crashed an entire nation before.

Alas, nations have been consistently hijacked and crashed throughout history. This has always been executed according to the same blueprint, which originated in the 7th century Islamic conquests and is known to Islamic jurists as the Pact of Umar.

While the Pact of Umar’s precise origins are a matter of legend, its conditions, based on Muhammad’s treatment of conquered people, have gained a canonical status in Islamic jurisprudence with regard to relations between Muslims and non-Muslims, otherwise known as dhimmis, and as such became a subset of Sharia law.

Given that Sharia by definition cannot be altered any more than one can alter the Koran or the Sunna, and even talking about reforming Sharia is considered blasphemous, its medieval rulings about what dhimmis are allowed or not allowed to do, are still in effect today. According to a recent Pew survey, the majority of Muslims worldwide want Sharia to be the law of the land everywhere; that includes the Conditions of Umar, even if those who practice them may not necessarily refer to them by that name.

Settling in non-Muslim countries, Muslim minorities traditionally bring with them Sharia law, which prescribes them to punish dhimmis who overstep certain boundaries regardless of what the local law says, because the “God-given” Sharia law will always be superior to the “man-made law” of the dhimmis.

Under the many Conditions of Omar, dhimmis aren’t allowed to criticize anything that has to do with Islam, including the very conditions of subjugation under which they live. Dhimmis are supposed to remain ignorant about Islamic teachings and can only refer to Islam in positive terms. Mocking, insulting, cursing, or even upsetting Muslims in any way, testifying against a Muslim in court, or raising a hand against a Muslim, even in self-defense, is forbidden.

Criticism of a Muslim person by a dhimmi — even if it’s based on undeniable facts, constitutes “slander” and is punishable by death. In contrast with the Western definition of slander — false spoken statement damaging to a person’s reputation — Sharia defines slander as any statement a Muslim would dislike, regardless if its degree of accuracy. This works in conjunction with another Sharia ruling, which gives all Muslims an open license to murder the offender wherever they find him. That doesn’t mean all Muslims will do it, but if someone volunteers to do the killing, he will not be punished under Sharia. In modern times, this means an open season of vigilante street justice on any critic of Islam anywhere on the planet.

Suddenly, the medieval choices jihadis place before their victims are all over today’s news coverage, just as they were originally set out in the Koran:  convert to Islam, submit to the Muslim rule and pay a non-Muslim religious tax called jizya, or die by the sword. Those who submit, as we’ve seen in the territories conquered by ISIS in Iraq and Syria, are doomed to a life of humiliation, subjugation, discrimination, and confiscatory taxation.

Dhimmi translates as “protected person,” which is similar in meaning to protection racket: what a nice dhimmi community you have here, shame if anything were to happen to it. You are protected from violence as long as you obey the conditions and pay the protection money. But if any of the dhimmis act up or “made a stupid move,” his or her action puts the entire dhimmi community in jeopardy of jihadi retaliation, where anyone is fair game for collective punishment.

Western nations with a significant share of Muslim immigrants are now learning to live in a state of permanent vulnerability and fear that one of them might upset a Muslim and thus provoke rioting or jihad slaughter. As a result, Western dhimmis are learning to police each other and make sure no one in their community makes any “stupid moves.”

Pamela Geller just did that. Her exhibition of Mohammed cartoons has crossed the line of permissible dhimmi behavior, and for that she has become a target of criticism by the American media, including some conservative commentators. Among the many stated reasons why Pamela should have “just stayed quiet,” the main argument remains unstated: she made a stupid move and now we’re all in danger of retaliation.

The real questions the media should be asking is, if we aren’t already living under the Conditions of Umar, what would we do differently if we did?

EDITORS NOTE: This column originally appeared in the American Thinker. You may follow the American Thinker at: @AmericanThinker on Twitter | AmericanThinker on Facebook

Meet the bravest woman in America

The Muhammad Art Exhibit and Cartoon Contest that Pamela Geller and I organized and hosted in Garland, Texas on May 3, along with the jihad attack upon it, has become a defining issue. It has led to a national conversation about the nature of the freedom of speech, its importance, and what should or should not be its limits. It has exposed many people who appeared to be strong defenders of freedom to be cowards and appeasers. It has revealed that many key media players and people in powerful positions of authority have no idea of the nature and magnitude of the jihad threat, and no awareness of the war on free speech — much less any understanding of why the freedom of speech matters at all. It has demonstrated that many important opinion-makers neither appreciate nor value the freedom of speech, and don’t even really grasp what it is. It has likewise revealed others to be unexpectedly strong defenders of freedom. Some people I had thought were strong-minded and open-eyed have proved to be cowardly and blinkered. Other people I had suspected were trimmers and appeasers have shone brightly in their honesty and courage on this issue.

Those who have defended free speech in the wake of the jihad attack while heaping scorn upon Pamela Geller, and those who have fastidiously tried to protect themselves from the Left’s inevitable guilt-by-association smears by throwing in a line like, “Now mind you, I don’t agree with everything Pamela Geller says,” or “Now of course Pamela Geller’s approach is not something I agree with” or some such, quite simply disgust me. Pamela Geller has more clear-sighted awareness of the threat this nation faces, and more courage and resoluteness in facing it, thananyone in America today — especially those who are sitting in their armchairs today and sniffing at her for being “outrageous” and “provocative” while she has to live the rest of her life knowing that at any moment some jihadi maniac will try to get to his virgins by killing her. Yet people are acting these days as if she was the one with the AK-47 outside our event, or as if there would be no jihad threat against America were it not for her and for our Muhammad cartoon contest.

They won’t be able to keep up this denial much longer. It simply won’t be possible. The Islamic State has issued a detailed manual for jihad terror attacks and regular bloodshed in the streets of the United States and the nations of Western Europe. That is coming. To cower and say, “We won’t draw cartoons, we won’t do anything to offend you” not only will not stop this from coming, but it will embolden the jihadis, who always step up their game when they see weakness in their prey.

They see weakness in the U.S. That’s because the U.S. is weak. Not militarily, but societally. Culturally. Fewer and fewer people understand and value the principles upon which a free society is based. Fewer and fewer people are willing to stand to defend those principles. Cowards, trimmers, appeasers and open allies of the enemies of freedom abound.

Pamela Geller is standing for freedoms upon which the free world depends. That so few of power and influence are standing with her shows how severe the crisis really is.

These days are revealing many who were thought to be true to be false, and many who were thought to be false to be true. As a defender of freedom, Pamela Geller is the truest of the true. It is my immense honor to work with her, and to call her my friend.

“Meet the bravest woman in America,” by Joseph Farah, WND, May 15, 2015:

She’s been caricatured.

She’s been verbally tarred and feathered.

She’s been vilified, reviled, smeared, defamed and disparaged.

But something keeps Pam Geller going. Do you know what it is? It’s her love for her country and her passion for liberty.

For weeks now, I’ve been watching my friend Pam Geller taking media punches from the left and right for her private event in Garland, Texas, featuring Geert Wilders, another freedom fighter – an event attacked by armed jihadists who have determined to “slaughter” Pam Geller for her campaign to expose radical Islam’s vicious worldwide crusade against freedom, against women, against Jews, against Christians, against life and against everything but its own peculiar seventh-century view of the world.

Bill O’Reilly had the audacity to accuse Geller of “spurring” the attack with her event promoting freedom of speech.

Really?

So by criticizing a worldwide movement responsible for the ongoing genocide against Christians in the Middle East, the subjugation of women, a pattern of female genital mutilation, the ruthless beheading and crucifying and burning alive of its victims, she was spurring the attack? She was inviting it? She was goading them? Her motivation was to serve as a catalyst to an attack on her and her event?

Donald Trump said essentially the same thing, as did the New York Times and most of the handwringing media elite.

Others were satisfied to call Geller an Islamophobe.

That’s a good one. That’s rich.

This made-up word denotes someone who fears Islam. That’s hardly the case with Geller. It’s probably much more true of Geller’s most vocal critics, who, I suggest, think they buy cover from the violent Islamic radicals by bashing their enemies.

Join Pamela Geller in her fight to retain free-speech rights and the uniquely American culture — read “Stop The Islamization Of America: A Practical Guide to the Resistance”

Have you ever wondered by so many leftists are soft on Shariah? Leftists say they support everything that Islam detests – “gay rights,” women’s rights, free expression, peace on earth. But they watch tacitly as Islam runs roughshod over their entire agenda. What gives?

Ultimately, it comes down to the left’s ideological commitment to “multiculturalism,” which began as a back-door assault against Western values and morphed into a war with Judeo-Christian ethics, America and Israel. Suddenly, they found common ground with the barbarians who behead anyone doesn’t lie prostrate before Allah five times a day.

Geller is no Islamophobe, a term which suggests cowardice. That’s a laugh. She’s probably the bravest women in America today.

It’s her critics who are the cowards.

Some of them, I am convinced, are even motivated to criticize her because they fear being associated with her strong stand against hatred, against murder, against torture, against rape and against their unholy war. Perhaps they believe they might be spared the kind of abuse and attacks she has experienced by creating a little space between Geller and themselves. Good luck with that! Radical Islam makes no distinctions between courageous enemies and cowardly ones. It doesn’t discriminate in its scorched-earth policies. They even murder Muslims who disagree with them about the chain of command after Muhammad died.

So throw out the Islamophobe term. It has lost its usefulness, if, indeed, it ever had any.

I’m with Pam Geller. I’m no Islamophobe. It’s just that when I see murder and torture and rape and genocide, I feel compelled to speak out about it, to resist it and to call evil what it is. I don’t know any other way. And neither does Pam Geller.

And that’s why I’m proud to call her my friend.

That’s why she’s the bravest woman in America.

And that’s why she needs and deserves the support of all freedom-loving Americans.

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Video: Media rushes to abandon the principle of freedom of speech

Here is a terrific video showing the mainstream media rushing to abandon the principle of the freedom of speech and to establish and reinforce the principle that in the face of violent threats, we should surrender and give those doing the threatening what they want.

This only means that we will get more violent threats. After all, they work.

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The ISIS death fatwa

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Pamela Geller “following in the steps of those Sons of Liberty in the Boston Tea Party of 1773″

Brilliant piece, and no doubt provocative to the cowards who control the public discourse today — not that they will do anything but heap more opprobrium upon Pamela Geller and others who are fighting to defend freedom. Those who say “Yours was a gratuitous event that was needlessly provocative” don’t realize that Islamic supremacists are endlessly offended, endlessly provoked, and endlessly demanding, and those who think that if we just don’t draw cartoons of Muhammad, all will be well, are ignorant (willfully or not) of what Muslims are forcing non-Muslims to stop doing in other countries around the world today, because these actions offend them. Those new demands are coming, lemmings. Get ready to bow down again.

“In Defense of Pamela Geller,” by Jeffrey Lord, American Spectator, May 7, 2015:

The backlash has been considerable.

Pam Geller, whose American Freedom Defense Initiative organized the Muhammad Art Exhibit and Cartoon Contest that sparked an armed assault by two self-appointed jihadis in Garland, Texas, has come under a withering assault for her actions. From Donald Trump to a crew at Fox that includes Bill O’Reilly, Laura Ingraham, Greta Van Susteren, Martha McCallum, Alan Colmes, ex-Bush aide and Fox contributor Brad Blakeman as well as liberal radio host Richard Fowler and doubtless more, Geller has been subjected to a firestorm of criticism.

I respectfully dissent.

According to Newsmax, Ms. Geller has now received an ISIS death threat. Or, as they say in the world of Islam, a “fatwa”:

“The attack by the Islamic State in America is only the beginning of our efforts to establish a wiliyah in the heart of our enemy,” the message reads. “Our aim was the khanzeer Pamela Geller and to show her that we don’t care what land she hides in or what sky shields her; we will send all our Lions to achieve her slaughter.”

Note well the word “khanzeer.” The translation is “swine” — as used in the Islamic world when Jews are called “the descendants of apes and pigs.”

Geller has been making the necessary media rounds to defend herself, including this post in Time magazine. Sean Hannity has come to her defense, saying: “You can’t draw a cartoon of the prophet Muhammad without expecting this violence? Is this how far we have sunk? That we’ve got to capitulate in this way?” Rush Limbaugh has leapt to her defense.

Megyn Kelly was blunt in her defense. “Even if you hate her message, she was promoting free speech,” Kelly said and told a guest critical of Geller that he was “fundamentally confused and wrong” and that “I’m concerned about the America you would have us live in.”

Me too.

The notion that any American anywhere should restrict their own freedom of speech because to do otherwise would provoke violence is a certain path to ending freedom of speech. Let’s go with one of the favorite criticisms of Geller — that what Ms. Geller did holding that conference in Garland, Texas, was the work of a “provocateur.” OK. And?

American history is littered with “provocateurs” whose words or actions “provoked” violence. From the Boston Tea Partiers in 1773 to the signing of the Declaration of Independence to the civil rights movement of the 1960s, time after time after time words and actions provoked violence. The Declaration of Independence, in fact, didn’t just provoke a little violence — it provoked a seven-year-long war with Great Britain that was said to have produced 25,000 American casualties. That’s before one gets to the estimated 4,000 British soldiers who were killed. Not to mention that the mere election of Abraham Lincoln provoked a string of events which in turn launched the Civil War. Killing some 600,000-plus Americans. Now there’s a provocation.

Just two months ago President Obama and former President Bush joined together in Selma, Alabama, to celebrate the work of “provocateurs” who knew — and were warned — not to march across Selma’s Edmund Pettus Bridge in support of black voting rights in 1965. As history records, Selma’s Sheriff Jim Clark faced the protesters at the head of a collection of billy-club wielding, horseback-riding troopers and used a bull horn to warn that the protesters “are ordered” to return to their homes or churches. Thus warned — quite specifically warned — that they were in danger of provoking violence, the marchers refused to turn back and kept coming. At Clark’s signal the troopers launched — and so ruthlessly inflicted violent beatings on the protesters that the event became known as “Bloody Sunday.”

In the aftermath of Bloody Sunday, a Geller-esque white Detroit housewife named Viola Liuzzo heard the call of Dr. Martin Luther King for Americans to come to Alabama and join the fight for voting rights. Liuzzo did so. And on the night of March 25, 1965, Liuzzo was driving a fellow marcher — a 19-year old black youth named Leroy Morton. Liuzzo’s car was spotted by the Ku Klux Klan. They were white racists who saw the fact of a white woman driving a black man as a provocation that violated the social mores of segregation and white supremacy. In response to this “provocation,” Liuzzo’s car was overtaken by a car filled with Klan members. They fired at Viola Liuzzo, shooting her twice in the head and killing her instantly. The car crashed, Morton played dead and once the Klan had departed went for help. This same white woman-black man combination was exactly the same social provocation cited in the killing of Emmett Till, the young black teenager who was murdered in Mississippi for allegedly whistling at a white woman.

Today Viola Liuzzo and the marchers across the Edmund Pettus Bridge are seen as heroes. In fact, during his visit to Selma for that fiftieth anniversary tribute the President specifically said: “If Selma taught us anything, it’s that our work is never done.” Really? Is the President saying he wants more racial provocations around America? Was he himself acting as a Geller-style “provocateur”?

Should Viola Liuzzo have not gone to Alabama? Should she not have protested for voting rights or had a black man in her car — because what she was doing was “provocative” to the white supremacist view of society and would provoke violence? To listen to today’s chorus of critics of Pamela Geller, apparently the answer is no, Viola Liuzzo should never have gone, and yes, in the end she provoked her own death.

The entirety of the civil rights movement and quite specifically the words and actions of its leaders — most prominently including Dr. King himself — were seen in the day as provocative of violence. In fact, King himself would pay for all those words and actions with his life, shot to death while in Memphis for a 1968 march. Should Dr. King never have marched, spoken, and protested? Should the Civil Rights Act of 1964 never been enacted because it was the result of provocative, violence-inciting Freedom Riders and marches across the South?

There’s another fact here that is ignored. Forget the threat of Islamic radicalism. Take the issue off the table entirely. The uncomfortable fact of life today in a 21st century America drenched in television, films, and social media is that people of prominence, whether they are candidates for office or simply media figures or celebrities, are all too frequently targeted by those who are provoked by their words and actions.

Bill O’Reilly — and I’m not picking on him here but since he has raised the subject himself — is a case in point. Mr. O’Reilly, famously, is the host of Fox’s The O’Reilly Factor, a show with a huge popular following. Five nights a week for 19 years O’Reilly has been delivering a show that is filled with controversial views and frequently controversial people. To his credit, he never holds back in saying what he thinks.

Is what Bill O’Reilly does every night “provocative”? Does Bill O’Reilly invite violence? Well, catch this 2008 CBS interview with O’Reilly himself, as reported by CBS:

“My life is dangerous now,” he said. “You know, I have bodyguards and security. I can’t go many places. I can’t be in certain crowd situations. When I do a book signing, I gotta have a phalanx of state troopers there because there are crazy people. And then there’re the Web sites and all of that, which are just totally out of control.

“They encourage these nuts. You know, I was thinking about John Lennon, you know, and John Lennon was tryin’ to be a nice guy, signing the guy’s thing and [Chapman] pops him. So, that is the worst part of the whole ‘Factor’ experience.”

Got that? What Bill O’Reilly does on his television show is so provocative to some people that his life “is dangerous now” and he has to have “bodyguards and security.” What O’Reilly is saying here is that yes, he too is a “provocateur” — just like Pam Geller. Should O’Reilly quit his show? Should he be seen not as a television host with an interesting show but rather condemned as a deliberately provocative public danger whose very presence anywhere in public could result in violence to innocent bystanders? Should he curtail his First Amendment right to say what he wants on his own television show? Should he be condemned for nightly doing something that is, to use O’Reilly’s description of Geller’s actions, “dumb”?

Absolutely not. That would be dumb.

The disturbing reality here is that, as mentioned, this “provocateur’ phenomenon isn’t limited to Bill O’Reilly or Pam Geller. All kinds of people in the public eye who are not the President of the United States with a retinue of Secret Service agents are targeted by someone Out There as a “provocateur.” As O’Reilly himself mentioned, former Beatle John Lennon’s celebrity alone was enough to provoke a killer. Just the other week, the news brought a recording of a 911 call from a frantic actress, Sandra Bullock. Bullock was locked in a closet in her own home — while a crazed stalker prowled though her home looking for her. Why? For no other reason than Bullock’s movie celebrity had provoked this nut into violently breaking into her home. Should Bullock halt her acting career because it has provoked violence?

What Pamela Geller is about — courageously and boldly — is standing up for freedom. That’s it. That’s all. “My country is in danger,” she said to Sean Hannity on his radio show yesterday — and she is right. When O’Reilly says “Insulting the entire Muslim world is stupid… It does not advance the cause of liberty or get us any closer to defeating the savage jihad,” he is, as Megyn Kelly said, confused. It isn’t Geller’s job to defeat ISIS. That’s the President’s job. It isn’t her job to provoke — or not provoke. It isn’t her job to be smart — or stupid. It is her God-given, constitutional right to stand up for freedom of speech — and she exercises that right. It is her job, as it is that of every American, to work to see that our country is not endangered by gradually giving up our freedoms one by one in a constant backsliding down the slippery slope of tyranny.

What concerns with all this criticism? In effect what the critics are saying is that we should start curtailing American freedoms — the Constitution — to avoid “provoking” or offending someone. Muslims today, gays yesterday, rioting Baltimoreans last week. And so on through some catechism of political correctness.

Where does this stop? Just as Islam forbids images of The Prophet, so too does it forbid homosexuality. If Americans are not supposed to “provoke” Muslims by doing something that offends their religion, does this mean the push that is on now for gay marriage should come to a screeching halt? Should the Supreme Court make gay marriage illegal because to recognize gay marriage would deliberately provoke Muslims across America and around the world? Indeed, isn’t an American approval of any gay “right” a deliberate provocation of Muslim sensibilities?

This is, I would suggest, an untenable place for conservatives to be. It’s an untenable place for liberals to be. It’s an untenable place for Americans to be. It isn’t enough to say some version of “oh sure Pam Geller has the right to do it but she’s provocative and what she did is dumb.” As Sean Hannity has said, Americans cannot slip into the habit of saying “I’m for free speech…but…”

What Pam Geller is doing is bravely standing where so many Americans celebrated today once stood. She is following in the steps of those Sons of Liberty in the Boston Tea Party of 1773 or the signers of the Declaration in 1776 Philadelphia or the civil rights marchers on that Edmund Pettus Bridge or Viola Liuzzo in 1965….

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Blurred Lines: When Guns Become Speech by JEFFREY A. TUCKER

Suing the government is always risky. It’s mostly unsuccessful. But the inventor of the first 3-D-printed gun (“The Liberator”) is forging ahead anyway. He has filed suit against the U.S. Department of State for forcing him to take down his digital files from the Internet.

The New York Times quoted several constitutional attorneys who believe that Wilson case is non-trivial and could possibly be decided in his favor. First Amendment attorney Floyd Abrams told the Times: “On the face of it, it seems to me like a serious claim.”

The grounds he has chosen are interesting and compelling. He says that by forcing his data offline, the government violated his free speech rights. He did nothing but post a file type with digital content, essentially just a series of 1s and 0s

The State Department scrambled to find some old regulation to use to force it down. They scrounged up Cold War-era regulations concerning “International Traffic in Arms” — legislation designed to control the flow of arms from the U.S. to Soviet-bloc territories in Eastern Europe.

But Wilson never trafficked in guns. He didn’t even manufacture any with an attempt to market them, much less transport them across national borders. He merely shared an idea through the medium that is the primary vehicle for the exercise of speech in our time. How can a law designed to prevent guns exports pertain to the sharing of an idea?

What is the difference between a real gun and a digital model of a gun? Guns are physical, weighty, take up space, and subject to the constraints of scarcity. To be transported, they have to be packed and shipped.

But what if you can take the model for printing a gun and render it in an infinitely malleable, portable, reproducible, weightless file that can shared like an email? Anyone who obtains that file can print a functioning gun.

Under those conditions, a gun leaves the physical world to become part of the realm of ideas. To invent it, change it, and share it is no different from inventing, changing, and sharing any other idea. It is a human right. And that is precisely what the First Amendment seeks to protect. For any government to forbid it is to muzzle the freedom to think and to speak.

Wilson publicly posted his computer-aided design (CAD) files on a distributed network. He did nothing more. It’s a form of speech. But the government said no. Over the following two years, Wilson tried his best to comply with the regulations to which the government claimed he was subject, but never did receive a green light.

Meanwhile, this being the Internet, his CAD files migrated to a thousand other places online. Wilson very cleverly assured that this would happen by releasing his file with a compelling video that garnered massive media attention. Millions of downloads took place. Just days after the files had been posted, crowd-sourced improvements to his 3-D gun were all over the Internet, and YouTube was hosting video tutorials in how to print and assemble them.

The case really pushes us to think about the implications of government regulation in the digital age.

Over the last 20 years, we’ve seen the acceleration of a great migration of the physical world to the digital world. It began with messaging, moved to images, and then onward to sound files and movies.

With 3-D printing, potentially any object can be digitized and ported peer-to-peer anywhere in the world, making a mockery of production controls, consumer regulations, trade barriers, patents, taxes, and a thousand other government restrictions. With the migration of money from physical to digital, and from national to global, as with Bitcoin, the same new reality presents itself.

The more this revolution progresses, the more we become aware of just how outmoded our systems of government control really are. They were created in an analog age where all sources of economic value seemed to be instantiated exclusively into scarce, physical goods. When government sought to control them, they were really controlling physical things and persons. This is what government does well, by use of its monopoly of coercive control in a particular geography. Government is a uniquely analog institution.

But what happens in a digital age when the physical inhabits a digital space in which “things” become infinitely portable (regardless of borders), infinitely malleable (regardless of regulations), and essentially indestructible (regardless of how much coercion is used)?

Government experiences a loss of control. It becomes ineffective, outmoded, and obsolete. Inner contradictions begin to reveal themselves.

In a digital world, government attempts to control really amount to an intervention in fundamental civil liberties such as speech that nearly everyone believes must be protected.

The American left — which has long believed it could heavily regulate the “economy,” while leaving civil liberties intact — will have trouble making sense of this one. The American right — with its belief that free enterprise can live happily alongside censorship — faces a similar cognitive dissonance.

What’s beautiful in this case is that Cody Wilson knew of this tension all along, and his gun was designed to underscore the point: If you try to control the Internet, you are really attempting to control people in ways that are unconscionable. He is a student of the libertarian tradition, and his passions are fundamentally with the cause of human liberty. He is not a “gun nut” so much as a “human rights nut”; now he can fairly be said to be a free speech nut. Matters are playing out exactly as he had hoped.

Regulating in the world was much easier when we are talking about land, heavy machinery, and other things that take up space. It all comes down to who has the most manpower and firepower.

But when the truly valuable things in the world cross that great divide between material and merely intellectual, the balance of power shifts too. The cause of freedom has the advantage. This is the single most salient feature of the politics and economics of our time.

I truly hope that Wilson wins his case. But even if he loses, he has made his point: Either we shut down the progress of the world toward ever more sharing of information, or we stop trying to impose atavistic forms of coercion and control.

Meanwhile, I just Googled for CAD files of printable guns. In a fraction of second, 2,000 different models filled my screen. In some ways, Wilson has already won. You can’t stop the signal.

Jeffrey A. Tucker

Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.

The Thinning Skin of America

While reading a column this week about the pernicious effects of “micro-aggressions” on the psychological development of America’s young men and women, I thought to myself: what has happened to this rugged country?

police speechThis idea, born out of academia, that “micro-aggressions” and “trigger words” can cause lasting damage to the “delicate” human spirit is surely an insult to the memories of the millions of Americans, my grandparents included, who suffered through the Great Depression, fought in the trenches, cities, beachfronts and the forests of the World Wars, and the many millions more who labored through a lifetime of arduous, back-breaking, manual labor without the benefits of advanced safety equipment or robotics.

Does anyone really want to live in a country where the language police stand ready to declare a word as “triggering” at a moment’s notice and to subsequently label and stain the speaker with an unflattering adjective, while having to immediately provide a “safe space” for the delicate flower on the receiving end?

Does anyone really want to live in a country where social and ideological pressure from academic elites and society’s “thought leaders” force people into group identifications and allegiances in order to demonstrate the implicit discrimination acting against us through “micro-aggressions”?

Does anyone really want to live in a country where controversial speech is labeled “provocative” because terrorist savages feel that gunning people down in cold blood is the appropriate remedy for being on the receiving end of words that offend them?

Should these panels of self-ordained “experts” on the use of language, and the psychological and sociological reasons for the use of the language, really be given such power? The power to mark someone with the Scarlet Letter for grievances against society either real, or imagined, is a dangerous one in the wrong hands. More dangerous is the power of savage violence to suppress speech, and to create a climate of fear indicative more of a third-world tyranny than the world’s most prosperous democracy.

The danger of restricting speech, both controversial and ideological, creates an obvious slippery slope with no clear defining limits to the speech dragnet. A growing number of Americans sense the danger of operating on this slope, but some do not. Sadly, many have bought into the false narrative that the enlightened “elites” in academia, the government bureaucracy, the cultural “thought leaders,” and the media should determine which form of speech is acceptable and which form should be restricted.

America is exceptional because anyone is free to openly speak about and celebrate our country and its political leadership. Or you are free to lob endless insults at both (free of threats), without fear of imprisonment or harm. Sadly, this is the historical exception, not the rule. In order to preserve this going forward, I have a suggestion: MAN UP!

Now, I understand that the use of “MAN UP!” rather “man up” can be perceived as potentially “micro-aggressive” because I used capital letters and an exclamation point. I also understand that it can be perceived as “triggering” because I used the word “man” instead of using the words “man and woman,” but I refuse to issue any faux apologies to placate the speech police crowd and their Hester Prynne end-game. I am the son of a resilient single mother, the husband of a first generation immigrant who fought against nearly insurmountable odds to become a successful mother and small business owner, the father to two strong and determined young ladies who never settle for second best, and the partner of a core group of determined and effective female political strategists who run my political organization. I will not now, nor ever, be lectured to by a group of academic elites, who haven’t accomplished an iota of what these powerful women have, about what constitutes both constructive and destructive interpersonal interactions.

We, as a country, need to man up. One could spend an entire lifetime pinpointing real and perceived grievances against America for reasons both legitimate and not, but the real question is – where is this getting us? Race relations, community strife and the balkanization of America into separate groups have all grown worse under this administration despite their rhetoric otherwise, and the constant attention they shower on identity politics. There are both angels and fools among us, the world is a tough place

We should focus more on what we can do to empower our young men and women growing up under tough circumstances and on how to teach them to take a punch and then get back up. A vibrant national school choice initiative, tax rates which give businesses the opportunity to expand into struggling cities, personal control over healthcare and health insurance and, most importantly, a reduced role of government in all of our lives which is stealing away the pride of ownership over our efforts, are but some of the steps we need to ensure that the next generation develops the resolve to fight on in the face of adversity and accept nothing less than the success they deserve.

EDITORS NOTE: This column originally appeared in the Conservative Review.