Category Archives: History

No, Howard Dean

There is no “hate speech” exception to the First Amendment:

Of course, one can certainly argue that First Amendment law should be changed to allow bans on hate speech (whether bigoted speech, blasphemy, blasphemy to which foreigners may respond with attacks on Americans, flag burning, or anything else). I think no such exception should be recognized, but of course, like all questions about what the law ought to be, this is a matter that can be debated. Indeed, people have a First Amendment right to call for speech restrictions, just as they have a First Amendment right to call for gun bans or bans on Islam or government-imposed race discrimination or anything else that current constitutional law forbids. Constitutional law is no more set in stone than any other law.

But those who want to make such arguments should acknowledge that they are calling for a change in First Amendment law and should explain just what that change would be, so people can thoughtfully evaluate it. Calls for a new First Amendment exception for “hate speech” shouldn’t rely just on the undefined term “hate speech” — they should explain just what viewpoints the government would be allowed to suppress, what viewpoints would remain protected and how judges, juries and prosecutors are supposed to distinguish the two. And claiming that hate speech is already “not protected by the first amendment,” as if one is just restating settled law, does not suffice.

These people are idiots.

Planes, Trains And Automobiles

We took the day off from our renovation projects (hopefully we’ll be through most of it by next week) to drive up to Mojave for the experimental fly-in (the “Plane Crazy” event held on the third Saturday of each month). It was beautiful weather, and a lot of interesting aircraft on display, including a Yak that someone had restored, and an old Chinese trainer based out of Santa Monica. After lunch with Doug and Ann Jones at the Voyager Cafe, we headed up to Tehachapi, because Patricia had never been on 58 between Mojave and Bakersfield. It was still pretty green up there from the winter rains.

I’ve driven by the sign for the Tehachapi Loop many times, but had never actually seen it. Neither had she, though she’s in the rail business. We actually took the old road from Tehachapi to Keene, and it was tightly winding and gorgeous. About three miles from the end, we found the overlook and marker for the loop. We didn’t see a train go through, but it turned out that if we’d waited a few minutes, we would have.

We had originally planned on going back from Mojave through Lancaster and over to the Poppy Preserve, to catch the tail end of the spring flower bloom. But since we were now quite a ways west, per Doug’s lunchtime suggestion, we continued west on 58 to 223, then down the hill to Arvin, where he said it had been very good. Unfortunately, though, we were too late. The mountain above us was still green from the rains, but the flowers were pretty much done along that route.

So we got to the 99, and headed back south to LA on the 5, but then cut back east over 138 to Lancaster, and took a road south to Lancaster Road, which goes right past the preserve. We saw quite a few poppies still in bloom approaching and departing the preserve, but a lot of the other flowers had faded, but there are a lot of cars parked along the road and in the (paid) preserve parking lot. It was about 4:30, and somewhat windy, so the poppies were mostly closed, though it was still sunny.

Rather than fight the crowds or pay, we decided to just head back to LA, via a new route. Normally, we go south to Elizabeth Lake, then out to Castaic via Lake Hughes Road, which is a beautiful drive, with great views of Lake Hughes and the Valencia/Santa Clarita area from above. But this time, we made a left on Elizabeth Lake road, and went down San Francisquito Canyon, then down Spunky Canyon, then Bouquet Canyon, and finally down Vasquez Canyon to Sierra Highway, all roads (other than the latter) we’d never been on before, and all beautiful, with many spectacular views, including a nicely full reservoir.

I never fail to be amazed at how much California there is to be explored, and this was an area that I’ve driven around for decades, but never through, and it’s right in our back yard.

“The Nuclear Option”

The left brought it on itself by insisting on the politicization of judges. For a leftist, nothing can be outside politics, and political power takes precedence over the law. Fortunately, we may still have a chance to restore originalism, and the Constitution.

[Update early afternoon]

If judges want to make laws and bypass the legislature, let them be elected, not appointed for life.