Tag Archives: Free Speech

Highlights from day one of the Masterpiece Cakeshop Supreme Court case

Kristen Waggoner of Alliance Defending Freedom argued Jack Phillips’ case before the Supreme Court. (Photo: Jeff Malet/The Heritage Foundation) Kristen Waggoner of Alliance Defending Freedom argued Jack Phillips’ case before the Supreme Court. (Photo: Jeff Malet/The Heritage Foundation)

I thought it might be worth reading about the first day of arguments in the Masterpiece Cakeshop case. Not only can we find out what is likely to happen, but we’ll also learn how the ADF lawyer Kristen Waggoner is making her defense.

The Daily Signal reports:

The Supreme Court heard oral arguments on Tuesday in a closely watched case dealing with free speech, religious liberty, and same-sex marriage.

Specifically, the justices considered whether the state of Colorado can force Jack Phillips, a Christian baker, to create a custom cake for a same-sex wedding against his deeply held religious beliefs.

Attorneys for Phillips clearly explained that he seeks to exercise his freedom only to speak messages that he agrees with, while still welcoming all customers into his store. The First Amendment’s free speech and religious liberty clauses protect his freedoms to do just that.

In a lengthy and charged oral argument, the nine justices wrestled with how Americans who hold different views on marriage in our post-Obergefell society can continue to live with each other in mutual respect.

Here is the key that might predict the outcome, from the Supreme Court’s swing vote:

In one of the most charged exchanges of the day, Justice Anthony M. Kennedy questioned Colorado Solicitor General Frederick Yarger about whether a member of the Colorado Civil Rights Commission who compared Phillips to a racist and a Nazi demonstrated anti-religious bias—and that, if he did so, whether the judgment against Masterpiece should stand.

More:

After disavowing the commissioner’s comments, Yarger argued that the ruling should still stand. But Kennedy returned to the issue again, telling Yarger that “tolerance is essential in a free society. And tolerance is most meaningful when it’s mutual. It seems to me that the state in its position here has been neither tolerant nor respectful of Mr. Phillips’ religious beliefs.”

Kennedy also pointed out there were other cake shops that would have accommodated Charlie Craig and David Mullins, the same-sex couple who requested a cake for their wedding.

In a similar line of questioning, Justice Samuel Alito pointed out that the state of Colorado had failed to demonstrate mutual tolerance when it only protected the freedom of cake artists who landed on one side of the gay marriage debate—namely, the state’s side.

When three religious customers went to cake artists to request cakes that were critical of same-sex marriage, those cake artists declined—yet Colorado did not apply its anti-discrimination statute to punish the artists. But when Phillips declined to create a cake to celebrate a same-sex marriage, Colorado imposed a three-pronged penalty that drove him out of the wedding cake business, causing him to lose 40 percent of his business.

[…]In the exchange with Alito, the Colorado solicitor general said that cake artists could not discriminate on the basis of identity, but could discriminate on the basis of messages. Gorsuch later responded, saying that’s exactly what Phillips has argued.

It was also made clear that Phillips was not discriminating against identity, but just refusing to agree with the state’s position on same-sex marriage.

During the oral arguments, the court appeared to recognize what is patently obvious from the facts. Phillips welcomes all people into his store, encourages them to buy off-the-shelf items, and will make custom-designed cakes for them provided they don’t ask for items that violate his beliefs.

He has served gays for the 24 years his store has been in operation and welcomes their business to this day. He does not discriminate against anybody because of their identity.

So comparisons to shopkeepers in the Jim Crow South who sought to keep the races “separate but equal” are a smear that divert attention from the real issue: Phillips simply disagrees with the state on the issue of marriage.

More:

Finally, the oral arguments revealed the scope of how far the state of Colorado is willing to go to impose its views of marriage on citizens. In one line of questioning from Roberts, Colorado admitted that it would force Catholic Legal Services to provide a same-sex couple with legal services related to their wedding even if it violates Catholic teachings on marriage.

And in questioning from Alito, the ACLU answered that the state could force a Christian college whose creed opposes same-sex marriage to perform a same-sex wedding in its chapel.

I was listening to the latest Ben Shapiro podcast, and in the last 10 minutes, he talked about the case. He pointed out that at the time when Phillips refused to participate in a same-sex marriage, same-sex marriage was not even legal in Colorado. Nevertheless, Colorado went after him. Hard. I think they secular left is going to lose this case – it’s just too much fascism. Too much intolerance.

You can read more about Kristen Waggoner here. She’s also arguing the Arlen’s Flowers v. the State of Washington case. A great lady. A real hero.

If you’re looking for a great book to read on what comes after same-sex marriage and how to discuss and debate it, read Ryan T. Anderon’s “Truth Overruled: The Future of Marriage and Religious Liberty“. It’s the best book for laymen on the subject. Really helps you to know how to talk about this issue. I had to do it a week ago with one of my atheist co-workers who asked ME out to lunch to talk more about his spiritual journey. If you don’t read, you can’t defend.

Fascism in Canada: grad student dragged into kangaroo court for showing debate clip

Criminalizing speech that makes people feel bad is illegal in Canada

Brace yourself for the most blatant infringement on a student’s rights by a secular-leftist university administration that you have ever heard with your own ears. This story comes to us from Ontario, Canada, home of the famous fascist Ontario Human Rights Commission, which prosecutes people for having thoughts that are not approved of by government elites.

A news story appeared in the National Post. (H/T Amy)

Excerpt:

During a seminar with first-year communications students, Wilfrid Laurier University teaching assistant Lindsay Shepherd screened a TVOntario debate to illustrate the sometimes-controversial politics of grammar.

The video, an episode of The Agenda with Steve Paikin, included University of Toronto professor Jordan Peterson presenting his case against the use of non-gendered pronouns. It also included panellists taking the opposite viewpoint.

Nevertheless, after an anonymous student complained, Shepherd found herself reprimanded for violating the school’s Gendered and Sexual Violence policy. In a subsequent meeting with university officials, she was accused of creating a “toxic” and “problematic” environment that constituted violence against transgendered students. She was also falsely told that she had broken the law.

Shepherd recorded the meeting. Audio and selected transcripts are below. The voices are of Shepherd, her supervising professor Nathan Rambukkana, another professor, Herbert Pimlott, as well as Adria Joel, manager of Gendered Violence Prevention and Support at the school.

Just so you know, TVOntario would be the equivalent of your local state-level PBS. This is a government-run, publicly-funded TV station. Fully licensed by the CRTC.

Here’s a clip from the transcript, where the Communication Studies professor threatens the student with criminal prosecution:

Rambukkana: …[Peterson] lectures about critiquing feminism, critiquing trans rights —

Shepherd: I’m familiar. I follow him. But can you shield people from those ideas? Am I supposed to comfort them and make sure that they are insulated away from this? Like, is that what the point of this is? Because to me, that is so against what a university is about. So against it. I was not taking sides. I was presenting both arguments.

Rambukkana: So the thing about this is, if you’re presenting something like this, you have to think about the kind of teaching climate that you’re creating. And this is actually, these arguments are counter to the Canadian Human Rights Code. Even since … C-16, ever since this passed, it is discriminatory to be targeting someone due to their gender identity or gender expression.

Debate on secular left dogma is not permitted in Canada, because it’s their state religion:

Rambukkana: Do you see how this is something that is not intellectually neutral, that is kind of “up for debate,” I mean this is the Charter of Rights and Freedoms.

Shepherd: But it is up for debate.

Rambukkana: You’re perfectly welcome to your own opinion, but when you’re bringing it into the context of the classroom that can become problematic, and that can become something that is, that creates an unsafe learning environment for students.

Shepherd: But when they leave the university they’re going to be exposed to these ideas, so I don’t see how I’m doing a disservice to the class by exposing them to ideas that are really out there. And I’m sorry I’m crying, I’m stressed out because this to me is so wrong, so wrong.

That’s right – these left-wing fascists actually made her cry.

The professors tell her that being neutral and showing both sides is also a violation of the Ontario Human Rights Code:

Rambukkana: Do you understand how what happened was contrary to, sorry Adria, what was the policy?

Joel: Gendered and Sexual Violence.

Rambukkana: — Gendered and Sexual Violence Policy. Do you understand how —

Shepherd: Sorry, what did I violate in that policy.

Joel: Um, so, gender-based violence, transphobia, in that policy. Causing harm, um, to trans students by, uh, bringing their identity as invalid. Their pronouns as invalid — potentially invalid.

Shepherd: So I caused harm?

Joel: — which is, under the Ontario Human Rights Code a protected thing so something that Laurier holds as a value.

If you want to share a quick news clip on social media, here’s a quick 12 minute news report from one of Canada’s most famous free-speech warriors, the irreppressible Ezra Levant:

You can hear 10 minutes of the recording here:

The full recording is here. (42 minutes)

Imagine that this happened to you, and conducted by an institution that you paid for twice: with your taxes, and with your tuition money. You would literally be paying the thought police to make you cry for not agreeing with the politically correct approved Canadian thoughts about transgenderism. When Americans vote Democrat, we are walking along a path that will turn our entire country into a place like Ontario, Canada. There will be none of the freedoms guaranteed in the U.S. Constitution. Canada doesn’t have those freedoms, and that’s where the American left wants to take us. To be on the political left is to be a fascist. By definition. The Democrat Party simple IS the party of fascism. That’s their agenda. It doesn’t matter whether individual Democrat voters disagree with fascism, they are voting to take the country towards the fascism that we already see in Canada.

By the way, let this be a reminder to you to never drop math, and always study STEM subjects in university, with the best areas being engineering, especially petroleum engineering and computer science. Stay away from areas that are disconnected from reality. If it can’t be tested (English, Education, Communication Studies, Lesbian Dance Theory) then it shouldn’t be studied at a secular-leftist gulag. Communication Studies is what people study when they have no marketable skills, and don’t aspire to do meaningful private sector work. You need to avoid being part of the fascist big government machine, and that means having marketable skills.

Twitter censors Congresswoman Marsha Blackburn’s Senate campaign ad

A conservative lady is running for Senate in Tennessee
A conservative lady is running for Senate in Tennessee

Tennessee has two of the least conservative Republican senators, namely, Bob Corker and Lamar Alexander. One of my absolute favorite members of the House of Representatives, Marsha Blackburn, is running for Corker’s seat in 2018. I have written about her on this blog many times. Twitter decided to censor a pro-life announcement from her Senate campaign account.

Here’s the story from the Washington Free Beacon:

Twitter has blocked Republican Rep. Marsha Blackburn’s (Tenn.) Senate campaign announcement ad, ruling that a pro-life statement was “inflammatory.”

At one point in the video, Blackburn, who announced last week that she is running for the Senate in Tennessee, heralded how she “stopped the sale of baby body parts,” a reference to her investigation into Planned Parenthood’s reported practice of “donating” body parts in return for monetary compensation.

But a Twitter representative told the Blackburn campaign that Twitter blocked the ad from being promoted, calling it “an inflammatory statement that is likely to evoke a strong negative reaction,” the Associated Press reported Monday. Twitter said that Blackburn would have to repost the video without the flagged statement in order to advertise.

Instead, Blackburn—who is vying to replace Sen. Bob Corker (R., Tenn.), who will not seek another term—tweeted out a call to action on Facebook and Twitter, asking her followers to share the video themselves.

“Twitter shut down our announcement video ad, claiming it was ‘inflammatory’ & ‘negative.’ Silicon Valley should not be allowed to impose their values on us,” she wrote on Facebook. “Join me in standing up to the liberal elite.”

Here’s the video that was censored:

Marsha Blackburn has an 88% conservative rating from the Heritage Foundation. I’ve not found a better way to assess political candidates than the Heritage Foundation’s Scorecards.

I took a quick look at the Twitter CEO’s account (@Jack) and found it littered with sophomoric left-wing propaganda, including support for anti-American millionaire Colin Kaepernick. Obviously “Jack” is in favor of left-wing free speech, just not free speech for those he disagrees with. This is standard for the close-minded, intolerant bigots on the left, though. Nothing surprising, people on the left like Jack just don’t handle different points of view very well.

More about Blackburn from Life News, for those who don’t know her record:

The Tennessee Republican has established herself as a champion for the rights of unborn babies. The eight-term congresswoman has a 100-percent pro-life voting record.

Most recently, she chaired the U.S. House Select Panel on Infant Lives, which investigated Planned Parenthood’s sales of aborted baby body parts. In January, the committee sent numerous criminal and regulatory referrals to federal and state officials regarding Planned Parenthood and other groups involved in the baby body parts trade.

More than anyone, Blackburn has distinguished herself as a pro-lifer who is willing to investigate Big Abortion corporations.

I thought to myself, where is all this censorship of pro-life views coming from? Well, it turns out that this person who works in communications at Twitter is the former press secretary for Kalama Harris. You remember Kamala Harris is the attorney general of California, who collaborated with Planned Parenthood to go after the Center for Medical Progress.

The Washington Times explains:

Officials from California Attorney General Kamala Harris‘ office and Planned Parenthood collaborated to draft legislation targeting the pro-life activist whose undercover videos showed officials for the nation’s largest abortion provider discussing the sale of fetal body parts, emails show.

The emails depict conversations between the state agency and Planned Parenthood over AB 1671, which would amend the penal code to make secretly recording and disseminating communications with health care providers a crime. Gov. Jerry Brown has until the end of the month to sign or veto the bill.

AB 1671 is a response to the Center for Medical Progress’ undercover video series spearheaded by David Daleiden.

The documents are another indication of Ms. Harris‘ close relationship with Planned Parenthood and call into question the impartiality of her ongoing investigation of Mr. Daleiden, legal experts said.

[…]Ronald D. Rotunda, a professor of jurisprudence at Chapman University, said the emails show Ms. Harris is a “tool of Planned Parenthood.” He said it is not uncommon for the attorney general to play a role in the legislative process, but added that Ms. Harris in this case was “working with Planned Parenthood to protect it from criminal prosecution.”

Now, it’s well known that companies like Google, Facebook, Twitter, etc. have serious problems at the top with censorship of diverse views. In these companies, they all think the same, and they hire people who think the same, and they fire people who don’t think the same. Instead of fixing the problem, they keep right on going with their progressive cultural imperialism. If you’re looking for “corporate fascism”, you don’t need to look any further than Google, Facebook and Twitter. Zero ideological diversity. Dangerous censorship of opposing views.

If the federal government is looking for a good place to crack down on corporate fascism, I think breaking up Google, Facebook and Twitter into smaller companies would be a good start. In fact, moderate Republican Hugh Hewitt recently suggested this to House Majority Leader Kevin McCarthy on his MSNBC show. By all means, and we should de-fund fascist universities that don’t allow both sides of debates to be heard.

I don’t often ask my readers for favors, but if you can please share this post on social media, I would be grateful. Marsha Blackburn is one of the good ones, and I’d like to see her win the race to become senator in Tennessee. I’m sick of seeing conservative legislation derailed by the likes of Corker and Alexander.

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