Intolerance and Frivolous Lawsuits

Jack Phillips, owner/operator of Masterpiece Cakeshop, had yet another lawsuit against him dismissed, this one by the Colorado Supreme Court. Unfortunately, it was dismissed on the trivial technicality that it wasn’t filed correctly.

The Wall Street Journal editors ask the question

[W]hen will the progressive cultural police finally leave him alone?

As long as the courts—which includes our Supreme Court, whose ruling in Phillips’ favor in an earlier lawsuit was based narrowly on the animus of the Colorado Civil Rights Commission—continue rule to timidly, the intolerant progressives will continue to persecute Phillips and the rest of us Americans who won’t bow and scrape at their intolerant feet.

What’s necessary to put an end to progressive bigotry, at least in our courts, is to sanction such legally frivolous, but morally bigoted, lawsuits. The plaintiffs in such cases should be required to pay their persecution target all legal costs, which often is already the case, and they should be required to pay the damages identified by the plaintiff. Further, the lawyers and their employing law firms—which do not have to be a party to such…frivolity—need themselves to be heavily sanctioned: the lawyer(s) fined steeply, beginning with 10% of their top line income and moving up for each subsequent frivolous suit in which they might participate, and the law firms employing them fined similarly steeply.

Courts are justifiably reluctant to find against plaintiffs and plaintiff lawyers on the basis of their frivolous cases, but it’s been made crystalline by the persecution of Phillips that courts are being too timid here.

Should Folks Stand for the National Anthem?

Progressive-Democrat Vice President and Progressive-Democratic Party Presidential candidate Kamala Harris was asked that question, and she gave an answer that, at first blush (at least in this edited clip) seems a non sequitur. It was, but it needn’t have been had Harris actually understood the question and the significance and importance of our national anthem and of standing for it whenever it’s played. Her answer:

I think that one of the beautiful things about our country is that we were founded on certain principles that we articulated in 1776, that we are all to be treated as equals; we articulated those principles in our constitution. And part of what we decided that makes a fair and just and noble society is, in a democracy, a true democracy, is freedom of religion, freedom—right—to association, freedom to organize—first amendment. So, that is part of who we are as a country, and I will defend it to the core, which is that we give people certain choices in our country.

Her words are muddled, but in context, I think are substantially correct (leaving aside that we’re not a true democracy, but a republican democracy, but that’s a distinction for another time), but her problem—the Left’s problem, our problem, our nation’s free speech problem—is that Harris doesn’t understand why her muddled words are correct. That context of her lack of understanding makes her words, counterintuitively to be sure, wrong.

Her words themselves are consistent with accuracy for two reasons. The first is where she didn’t directly answer the question. Yes, I answer for her, folks should stand, and face our flag or face in its direction, hats off, hand over heart, or salute if in uniform, for our national anthem. Doing so shows respect for the symbol of our nation, respect for our nation itself, respect for all of those who’ve fought under our flag in defense of our nation, and especially for those who have been killed or maimed in that defense.

That’s what makes possible the intent of Harris’ fuddled words: not standing cannot be a protest of anything if standing is not a requirement, of respect if not of law. Absent that requirement, there is no counter; there is nothing to protest.

What Happens…

…when government is the definer of a citizen’s, or of citizens’, rights? One outcome is illustrated by this particular enumeration of rights granted by Government:

The Fundamental Rights and Obligations of Citizens

Citizenship
Voting requirements
Freedom of speech, press, assembly
Religious freedom
Freedom of person
Freedom from insult
Inviolability of the home
Privacy of correspondence
Right to petition the state
Right and duty to work
Right to rest
Protection of retirement
Protection of old, ill, disabled
Right to and duty of education
Right to pursue art, science
Equal rights for women
Protection of marriage and family
Protection of Chinese while overseas

That list of Government-created and -granted rights is then followed and superseded by this:

When exercising their freedoms and rights, citizens of the People’s Republic of China shall not undermine the interests of the state, society or collectives, or infringe upon the lawful freedoms and rights of other citizens.

What Government giveth, Government taketh away. In the same breath in this case. As is apparent from that last clause, this is what the constitution of the People’s Republic of China does.

This is the risk we run as we allow to our government increasing authority to define our needs, our purposes—our rights.

He’s Being Generous

In Gerard Baker’s Wall Street Journal op-ed, he called out Gwen Walz, ex-teacher and wife of Progressive-Democratic Party Vice Presidential candidate, for her “teacher voice” instruction to Republican Vice Presidential candidate JD Vance in telling him to “mind your own business” on the subject of Vance’s remarks about traditional families.

Baker correctly noted that, further into her be quiet “teaching,” Walz distorted Vance’s position by emphatically suggesting, with no evidence to support her distortion, that Vance opposed nontraditional means of making babies, for instance fertility treatments. Then Baker added this:

[I]t was the “teacher voice” remark that I found instructive.
It unintentionally captured the Democratic idea of the polity they seek to lead and reshape. It spoke to how they view themselves—and us. They are the teachers, equipped with the knowledge and authority to direct their hapless charges. We are the students, naive and ill-informed, sometimes attentive but too often insubordinate, with minds that need to be shaped and disciplined.

I’ll be more straightforward and blunt: this is the contempt in which Progressive-Democratic Party politicians and the Left hold us average Americans. It continues and extends the contempt one of the founders of the modern progressive movement had toward us. In Herb Croly’s own words:

…the average American individual is morally and intellectually inadequate to a serious and consistent conception of his responsibilities as a democrat.

It’s time to put an end to Party’s contempt for us, it’s time to put an end to Party’s attempt to rule over us, and the opportunity for that is this November.

Dictating the Terms of Business

The Progressive-Democratic Party is at it again, trying to dictate how private businesses in our, so far, substantially free market economy will be permitted to operate. Progressive-Democrat President Joe Biden intends to dictate to landlords:

Today, I’m sending a clear message to corporate landlords: if you raise rents more than 5%, you should lose valuable tax breaks.

This isn’t just the big landlords, either, bad as that would be by itself. Biden’s proposed cap would apply to half the rental market in the country.

We’ve known this for a while. Here’s then-Progressive-Democratic Party Presidential candidate Joe Biden tweeting:

Joe Biden @JoeBiden · 14h
We’re going to beat Donald Trump. And when we do, we won’t just rebuild this nation—we’ll transform it.

He’s talked about fundamentally transforming our economy in his State of the Union addresses, also.