Archive for the ‘Bill of Rights’ Category

Since Angie Craig and Dean Phillips announced that they supported impeachment proceedings, they’ve resisted making it a level playing field for Republicans and Democrats alike. Thus far, the ‘rules’ have been made up on the fly.

If that’s the Democrats’ definition of constitutional fairness, I don’t think many people will agree with Democrats. We’ve been told by Ms. Pelosi that this is a solemn matter that requires constant prayer and introspection. These hearings haven’t featured fairness, much less constitutional principles. Why haven’t Phillips and Craig insisted on investigative fairness? If this is supposed to be a time of solemnity, why hasn’t Schiff displayed fairness throughout?

Craig and Phillips flipped their opinions on whether to conduct an investigation into impeachment based on nothing. Let’s remember that these freshmen Democrats switched their opinions before the facts of the case changed. When Craig and Phillips switched to yes on the impeachment investigation, they didn’t switch their opinion on whether they think President Trump should be impeached.

Craig and Phillips switched their opinion the Friday before Queen Nancy declared the impeachment inquiry was official. Let’s not forget that the Trump-Zelensky transcript wasn’t released until the day after Queen Nancy’s declaration. Let’s not forget that the CIA snitch’s complaint wasn’t released until that Thursday. It’s fair to ask Craig and Phillips why they changed their minds.

Let’s ask this Democrat duo what rules must be put in place to ensure fairness and constitutional due process. Should President Trump’s attorneys have the right to confront President Trump’s accusers? If not, why not? If defendants’ representation are allowed to cross-examine witnesses, shouldn’t a man have that right if he’s about to potentially be thrown out of office?

Craig and Phillips haven’t pushed for a real impeachment vote. Apparently, they won’t vote for a real investigation. Apparently, Democrats are willing to vote for articles of impeachment without an investigation:

House Democrats believe they have the 217 votes needed to pass articles of impeachment against President Trump stemming from his Ukraine call, enough votes to impeach Trump and send articles to the Senate, even before their planned hearings or formal investigation.

That’s breathtakingly stunning. At least 40 of those Democrats just signed their political death certificate. It might reach higher; perhaps as much as 50-55 might get defeated. These Democrats just said that they’ll vote to undo an election without conducting an investigation. Remember this moment of solemnity?

That’s when Ms. Pelosi said “The actions taken to date by the President have seriously violated the Constitution, especially when the President says that “Article II says that I can do whatever I want.” It’s time Ms. Pelosi went to law school. She apparently hasn’t figured out that due process is a constitutional right. Likewise, Ms. Pelosi apparently doesn’t know that the right to a speedy trial doesn’t mean skipping the investigation.

Angie Craig and Dean Phillips are part of that 217 vote majority who will vote to impeach President Trump without investigating him. If that isn’t the definition of radicalism, then such a definition doesn’t exist. Craig and Phillips should join a lengthy list of radical Democrats who’ll need to look for work come New Years Day 2020.

Thursday night’s debate showed just how much contempt Democrat presidential candidates have for the Bill of Rights and the Constitution. Kamala Harris said that she’d issue an executive order to confiscate (my word, not hers) AR-15s and AK-47s if Congress didn’t act on banning assault weapons. I quoted from the DC v. Heller case in this post why she’d get slammed 9-0 in the Supreme Court:

Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54–56. 3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.

The Supreme Court has ruled that guns that are in common use are beyond Congress because they’re protected by the Second Amendment. Period.

Harris isn’t the only Democrat that thinks they’re above the Constitution. Robert Francis O’Rourke, the rich brat from El Paso, went on this tirade during the debate:

O’Rourke himself is just a punk who won’t be president. With that tirade, he took himself out of the running for being a serious challenger to Sen. Cornyn, too. That’s why I couldn’t care less about Robert Francis. What I’m bothered about was the applause he received from the audience at the Democrats’ debate in Houston. Those idiots are our neighbors, co-workers and friends.

This is what happens when our schools don’t emphasize civics in the classroom. Increasingly, our society thinks that they’re beyond the law and the Constitution. Chief of those that think that way is AOC. Harris apparently thinks that she can ignore the Constitution, too:

Harris responded, “I would just say, hey, Joe, instead of saying, no, we can’t, let’s say, yes, we can. And yes, we can. Because I’ll tell you something, the way that I think about this is, I’ve seen more autopsy photographs than I care to tell you. I have attended more police officer funerals than I care to tell you. I have hugged more mothers of homicide victims than I care to tell you. And the idea that we would wait for this Congress, which has just done nothing, to act, is just — it is overlooking the fact that every day in America, our babies are going to school to have drills.”

To Sen. Harris: I’ve read the Bill of Rights. It trumps the autopsy pictures that Sen. Harris has seen. It trumps the attempt to play on victims’ emotions, too.

Perhaps it’s just me but Sen. Harris sounded like she was high when she said “Hey, Joe, instead of saying ‘no, we can’t,’ let’s say ‘yes, we can.’ That laughter made her sound like she was high.

Whether Sen. Harris was high or not, she’s definitely wrong on the Constitution.

This article highlights the difference between Democrats debating the Second Amendment and the GOP debating it. Rich Lowry highlights Amy Klobuchar’s statement that “I look at [gun legislation] and I always say, ‘Does this hurt Uncle Dick in his deer stand?'” Lowry then notes ” That’s not the question, though. The Second Amendment isn’t fundamentally about Uncle Dick bagging deer, but about his ability to defend himself and his family.”

As a Minnesotan, I’ve gotten tired of listening to the DFL yapping about being pro-Second Amendment, then backing it up by saying that they’ve been hunting ducks or deer for decades. My reflexive reaction has consistently been that the Second Amendment was put into the Bill of Rights to guarantee Uncle Dick the right to hunt deer or ducks.

The text of the Second Amendment is “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The exceptionally clear intent of the men who wrote the Constitution and the Bill of Rights was to explicitly give people the right to protect their families and to explicitly tell militias that they had the right to secure our nation from invading nations and to provide for stopping tyrannical rulers.

If you think it’s insane to think that stopping tyrannical rulers is the stuff of conspiracy theories, think about this: during the last presidential election, the incumbent administration surveilled the opposition party’s nominee. That isn’t a theory. That’s a finding of fact in multiple congressional reports and the recent IG report.

It isn’t a stretch to think that the Deep State wouldn’t hesitate in undercutting an administration it didn’t like. Further, it isn’t a stretch to think that the Deep State would squash people that it thought was a threat to its way of conducting business.

As for the current debate about what to do about curbing gun violence, Sen. John Kennedy, (R-LA), has the right idea:

“Some of my colleagues argue that by further curtailing our Second Amendment rights, they can enhance public safety. Fine, the burden of proof is on them. I’m willing to have that debate, but I want the bacon without the sizzle — no speculation, no false comfort, no pulling stuff out of your orifices.”

This past week, Juan Williams’ statement was that the problem in the United States was the availability of guns. If that’s true, and I don’t think he is, then he’s got a major obstacle to pass. It’s called the Second Amendment. It’s one thing to rewrite a bill. It’s quite another to repeal a constitutional amendment and one of the cornerstones of the Bill of Rights. That requires 290 yes votes in the U.S. House of Representatives and 67 yes votes in the Senate. BTW, that only applies if the language is identical in both bills. If one sentence is different from one bill or the other, then a conference committee is required to eliminate the differences.

At that point, another daunting task faces the proposed repeal of the Second Amendment. After all that commotion in the U.S. House and Senate, it needs to be ratified by the state legislatures of 38 states. That means both houses of those state legislatures must vote to ratify the repeal of the Second Amendment. If the DFL House votes to ratify the repeal but the Republican Senate votes to stop the repeal, then that state wouldn’t ratify the repeal. If 12 other states did the same, the repeal of the Second Amendment fails.

It’s worth noting this from Rich Lowry’s article:

It is out of this historical soil that we got the Second Amendment. Guns would make it possible for Americans to defend themselves, and to defend their liberties. Alexander Hamilton wrote in The Federalist of “the original right of self-defense which is paramount to all positive forms of government.” This right can be used if necessary, per Hamilton, “against the usurpations of the national rulers.”

Here is the video of Sen. Kennedy’s interview on the Second Amendment:

This LTE highlights how society is increasingly rejecting objective truth. This paragraph is the perfect example of undisciplined thinking:

Our disagreements about how to run government, provide health care and offer housing and a sustainable living to families are only the tip of the iceberg. We disagree about how to best take care of both immigrants and citizens. None of the ways are the “right” way. We must understand that each is “a” way and that they all work with varying degrees of success. When we factor human kindness into the equation, or love of neighbor, we have more success.

Actually, the right way to deal with immigration is multi-faceted but eminently logical. It starts with the belief that each nation has the right to determine who gets into its nation.

In fact, it’s important to realize that nations have the affirmative obligation to protect its citizens. Providing for public safety is a core function of government. Implicit in the above paragraph is that there isn’t a wrong way. That’s foolish. The wrong way is the way that the Democrats’ presidential candidates are advocating for.

During the Democrats’ first round of presidential debates in Miami, FL, every Democrat presidential candidate lifted their hand, signaling that they thought the US should decriminalize illegal immigration. That’s insanity. That’s like sending out an invitation to the world that they can live in the US if they pay a fine.

Saying that all ways “work with varying degrees of success” is foolish. Closing immigration loopholes, tightening up asylum questions and sealing our border with physical walls will shut down illegal immigration to a trickle, stop human trafficking and restrict the flow of illegal drugs to the point of crippling the drug cartels’ profits.

Hearing Nancy Pelosi say that obeying the immigration laws that Congress has passed and that various presidents have signed “isn’t who we are” is sickening. If those signed laws that were passed by this nation’s elected leaders don’t represent our nation’s values, what does? After all, those laws weren’t shoved down our throats. They required compromise, wisdom and principles.

Democracy is that great American experiment in which we each have a say because we were created as equals, no matter our lot in life. Gerrymandering and restricting access to polling places (see our neighbors in North Dakota, for example) give lie to the experiment. True democracy makes it easier to vote and works toward equal representation, not the reverse.

Before the federal government existed and immediately after the Colonists won the Revolutionary War, France recognized each of the 13 former colonies as individual nation states. Today’s Democrats advocate for the opposite of the post-Revolutionary War United States by advocating for a system of government that doesn’t take into consideration what rural America, America’s heartland and blue collar America need but caters to the needs of coastal America and elitist America.

It’s important to stipulate that we don’t have a national government. We have a federal government. Theoretically at least, that federal government is there to serve the states. It isn’t there to tell the states what to do. The best way that the federal government can serve We The People is to let us make most decisions at the local or family level.

Yes, there really is a right way. Yes, there really is a wrong way. Though the Founding Fathers were imperfect, the Constitution that they put together was as close to perfect as any document in human history.

AOC and other Democrats hate the Electoral College because they either don’t understand history or they hate the system that the Founders gave us. I suspect that it’s a little of both. Determining presidential (notice that I didn’t say national) elections based on the popular vote would turn elections on their head. I’m writing this post to expose AOC’s foolish plan to eliminate the electoral college.

Our government in DC is called the federal government, not the national government. The federation that the federal government is built from is the federation of states. That’s why our nation is called the United States of America. Each state is sovereign. Without the states’ consent, there isn’t a federal government.

The purpose of the federal government is to represent the states. It wasn’t created to represent just the people. Had the Founding Fathers wanted that, they wouldn’t have formed the states. For instance, when the colonists won the Revolutionary War, France recognized each colony as a sovereign nation.

Apparently, AOC hasn’t grasped the concept that the United States is built on the foundation of each state being sovereign. That’s why each state’s laws are unique to that state. No 2 states have identical statutes on how they pay for education or economic development or whatever the subject. Each state has different laws on what constitutes manslaughter or sexual assault.

AOC’s desire to get rid of the Electoral College is partially because she wants to win more elections but it’s also partially because she doesn’t understand the foundation that the Constitution was built on. When the Revolutionary War ended, the federal government didn’t exist. The colonies eventually created the federal government out of convenience and necessity. It was convenient in the sense that the President was authorized to negotiate treaties and trade agreements rather than each state being required to negotiate separate trade deals. It was built out of necessity in that the settlers needed someone to provide for the national defense.

The Founding Fathers wanted the states to be the “laboratories of democracy.” They wrote the Ninth and Tenth Amendments to keep as much power as close to the families as possible. Here’s the text of the Ninth Amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Here’s the text of the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

AOC’s push for electing presidents by popular vote is understandable from a partisan standpoint. Iowa Sen. Joni Ernst pointed this out:


In AOC’s mind, the Electoral College is — brace yourself — racist. Actually, it prevents some of the states who created the federal government from being represented by the federal government. That’s beyond foolish.

People pushing the national popular vote initiative aren’t interested in the US’s Heartland, aka Flyover Country. It’s time to push these idiots off the national stage. They aren’t rational human beings. Either that or they’re exceptionally despicable people.

The Electoral College isn’t outdated. It just isn’t wanted by progressive elitists who think of the men and women of America’s Heartland as unsophisticated rubes. That sounds frighteningly similar to Barack Obama when he said this:

When it comes to Robert Mueller’s report, the Loony Left can’t resist hearing what Mueller didn’t say. That’s the take I got from this dishonest diatribe masquerading as journalism.

Jill Lawrence’s dishonesty is only exceeded by her writing deficiencies. This is what passes for journalism? That’s frightening. Apparently, Ms. Lawrence’s column is based on what she thinks Robert Mueller really thinks. It’s apparent that she doesn’t understand the US legal system. I’ll give Ms. Lawrence an A in creativity but that’s the only passing grade I’d give her. Check out this paragraph:

If I could stand up to raise my right hand, I’d swear to tell the truth. And it would be this: Of course I would have indicted Donald Trump if I could have. What don’t you get about “if we had confidence that the president clearly did not commit a crime, we would have said that”? Or 10 textbook cases of obstruction of justice? Or the difference between “no collusion” and insufficient evidence to nail down a criminal conspiracy with the Russians?

One of the cornerstones of the Mueller report was what he said about collusion/conspiracy. The American Bar Association quoted from the report, saying this:

The special counsel found that Russia did interfere with the election, but “did not find that the Trump campaign, or anyone associated with it, conspired or coordinated with the Russian government in these efforts, despite multiple efforts from Russian-affiliated individuals to assist the Trump campaign.”

There’s nothing in that paragraph that says they didn’t have enough evidence to charge. There’s nothing in that paragraph that suggests that the Trump campaign was that receptive to the Russians. So much for Ms. Lawrence’s theories, which, by the way, doesn’t constitute proof.

Then there’s this:

I regret being overly considerate of the president and his right to a “speedy and public trial.” We faced so many limits on our investigation and obstacles in our path, I should not have added more restrictions of my own free will and out of a sense of good sportsmanship. We are in a crisis that demands clarity and, alas, I did not recognize just how dire our circumstances — Barr’s perfidious misrepresentations, maddening Democratic caution, scandalous Republican indifference — until too late.

Ms. Lawrence thinks that a person’s right to a “speedy and public trial” is a nicety? I suppose she thinks other parts of the Constitution’s Bill of Rights are niceties, too? Here’s what the Speedy Trial Clause says:

“[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy trial”

As for the statement that Mueller’s investigation faced tons of limits and obstacles, that’s ridiculous. Over 1,400,000 documents were turned over. Not once during the investigation did President Trump invoke Executive Privilege. In fact, he let the White House Counsel testify for over 30 hours. The Trump administration’s level of transparency was historic in a positive way. It’d be interesting to see what Ms. Lawrence thought of when she said that Mueller’s investigation faced lots of limitations.

What the hell was Lawrence thinking when she wrote about “10 textbook cases of obstruction of justice?” We don’t know whether any of the charges met the probable cause burden of proof. If those examples couldn’t meet that level of proof, they certainly couldn’t meet the “beyond a reasonable doubt” level of proof that’s required to convict. It’s frightening that journalists have left that field to become published activists while masquerading to be journalists. The truth is that Ms. Lawrence is just a paid political hack.

Gregg Jarrett’s opinion piece reached a stunning conclusion when Jarrett said “The special counsel publicly besmirched the president with tales of suspicious behavior instead of stated evidence that rose to the level of criminality. This is what prosecutors are never permitted to do. Justice Department rules forbid its lawyers from annunciating negative narratives about any person, absent an indictment.”

When Jim Comey announced that he wouldn’t indict Hillary Clinton, he first said that HRC had done some illegal things. Then he finished by saying that “no reasonable prosecutor” would bring charges against HRC. Back then, there were howls from the legal community, saying that the DOJ speaks in indictments. They don’t list things that a person did that were shady but that, in the end, the person wasn’t a criminal. Here’s Comey’s press conference ‘exonerating’ HRC:

Today’s performance by Bob Mueller was Act II of Jim Comey’s disgraceful exoneration of HRC. Mueller included in his report 10 instances of President Trump obstructing justice. In each of those instances, Mueller didn’t make a decision. Notice that I didn’t say that he didn’t indict. I said that Mueller refused to even make a decision.

Instead, in each of these instances, Mueller made the case for and against indicting President Trump of obstruction of justice. Then he essentially said that it was up to Congress to make the final decision. By comparison, when Kenneth Starr issued his report, he noted that then-President Clinton had committed 11 crimes, 6 of which were obstruction of justice charges.

Starr didn’t indict Clinton. He merely told the House of Representatives that Clinton had committed those crimes. Jarrett continues:

How can that person properly defend himself without trial? This is why prosecutors like Mueller are prohibited from trying their cases in the court of public opinion. If they have probable cause to levy charges, they should do so. If not, they must refrain from openly disparaging someone that our justice system presumes is innocent. In this regard, Mueller shrewdly and improperly turned the law on its head. Consider the most inflammatory statement that he leveled at the president in his report.

Again, Mueller’s thinking is out-of-step with the Constitution. The Bill of Rights presumes that a person is innocent until proven guilty. According to Mueller’s thinking, Trump was guilty until he was exonerated. That’s bassackwards and then some.

Everyone is entitled to the presumption of innocence. It is the bedrock on which justice is built. Prosecutors must prove guilt beyond a reasonable doubt. To bring charges they must have, at minimum, probable cause to believe that a crime was committed. The special counsel took this inviolate principle and cleverly inverted it. He argued that he could not prove the president did not commit a crime.

Today is a sad day for the rule of law. Today, a special counsel decided he had the right to ignore the Bill of Rights. Today, a special counsel thought he was Jim Comey’s stand-in.

Let’s be clear about something. A number of Democrat committee chairs are constitutional illiterates. Either that or they’re exceptionally corrupt or both. It’s something I’ve spent a big chunk of time thinking about. Here’s what finished things off for me.

When House Oversight and Reform Committee Chairman Elijah Cummings issued subpoenas for President Trump’s private financial records when he was a private citizen, President Trump’s attorneys filed a lawsuit to prevent the production of those records.

The legal complaint from Trump’s legal team reads “Chairman Cummings has ignored the constitutional limits on Congress’ power to investigate. Article I of the Constitution does not contain an ‘Investigations Clause’ or an ‘Oversight Clause.’ It gives Congress the power to enact certain legislation. Accordingly, investigations are legitimate only insofar as they further some legitimate legislative purpose.”

That’s true as far as it goes but I’d add that they didn’t mention a separation of powers conflict, too. Congress isn’t tasked with investigating private citizens before they were part of the government. That’s the jurisdiction of the executive branch. Specifically, the Department of Justice has the statutory authority to investigate private citizens. The investigations of private citizens is the responsibility of the FBI or the Bureau of Alcohol, Tobacco, Firearms and Explosives. The only people vested with the responsibility of convening grand juries are the DOJ attorneys, U.S. attorneys or a special counsel.

This won’t be a terribly difficult case to decide. The legislative branch has the constitutional authority to give advice and consent, pass legislation, provide legislative oversight and to ratify treaties.

House Democrats don’t have the authority to investigate the private activities of private citizens. That’s the job of the executive branch. Period. Mark Levin discussed another possible explanation with former Virginia Attorney General Ken Cuccinelli on Sunday night’s Life, Liberty & Levin:

I don’t know if that’s what these Democrats are trying to do but I won’t rule it out. It’s pretty frightening when the People’s House is weaponized to torment private citizens. Though that precedent hasn’t been sent, Speaker Pelosi did say that subpoenas might be a way to negotiate with President Trump:

Apparently, Pelosi and other Democrats don’t think playing fair is required. That’s why they need to voted out of office in 2020. The bigger the landslide in the House and Senate, the better. It’s clear that Democrats don’t see limits on their investigative powers:

I suspect that they’ll be stopped cold by the Supreme Court. I can’t wait to hear about that ruling. What’s chilling is hearing E.J. Dionne say that going after a private citizen’s private financial records “is the right thing to do.”

Perhaps the more accurate title of this post should be ‘When will Leftists protest these civil rights’? FIRE’s Susan Kruth’s article on Education Secretary Betsy DeVos’s revised regulations outlines changes to Obama administration’s anti-due process regulations.

Let’s be clear. The Obama administration’s Education Department was anti-civil rights. When it came to dealing with alleged sexual assault on campus, the Obama administration’s Education Department “encouraged schools to have a single investigator adjudicate sexual misconduct cases through a series of separate meetings with the parties and witnesses.” By contrast, the DeVos-proposed regulations pertaining to alleged sexual assault “requires that schools ‘must provide for a live hearing’ when adjudicating a case.”

In other words, universities must allow a cross-examination of the accuser. Nameless, faceless accusers won’t have their ‘day in court’. Kruth continues with this:

Having a live hearing ensures that all parties can see exactly the same evidence and testimony that the fact-finder is seeing, so that he or she can rebut that evidence and testimony as fully as he or she is able.

The department’s new rules go on to require a typical and critically important feature of live hearings: cross-examination of all witnesses, including the parties. The Supreme Court has called cross-examination the “greatest legal engine ever invented for the discovery of truth,” and it can be especially paramount in cases that hinge on witness testimony, as the Sixth Circuit emphasized just two months ago.

How an administration that swore an oath to uphold the Constitution can deprive people of this basic civil right is startling. Further, it’s time to admit that leftist Democrats are now fascists and/or anarchists. IF you think I’m kidding, check out Eric Swalwell’s proposal:

In a USA Today op-ed entitled “Ban assault weapons, buy them back, go after resisters,” Rep. Eric Swalwell, D-Calif., argued Thursday that prior proposals to ban assault weapons “would leave millions of assault weapons in our communities for decades to come.”

Look at the mental gymnastics Rep. Swalwell employs to justify this confiscation:

You’re probably wondering what gun confiscation has to do with due process rights. That’s a fair question. They’re both part of the Constitution’s Bill of Rights. The right to keep and bear arms is a sacred right. I prefer referring to it as the right to protect myself and my family. It’s a natural right. The Supreme Court has called the right to due process and to confront your accuser the “greatest legal engine ever invented for the discovery of truth.”

It isn’t supposition to say that Democrats have opposed the right to protect yourself and your family from burglars and criminals as vigorously as they’ve opposed the right of people to cross-examine their accusers. What other constitutional rights do Democrats want to sacrifice on the altar of political correctness?

When I read this article, it confirmed that our schools have failed us. Here’s what happened:

New Prague High School senior Andy Dalsin held a poster during the protest which said “Gun Don’t Kill People. People Kill People.” Principal Lonnie Seifert was having none of it, however. Seifert even threatened Dalsin with being hauled away by the police if he didn’t comply.

That’s just the start of it. Things quickly devolved:

Seifert claims he was just going by district policy, according to KSTP-5. In a statement, the district said “such items [as Dalsin’s] must be submitted to and reviewed by school administration at least 24 hours in advance.”

That’s an unenforceable policy because the First Amendment protects such speech. In fact, when the Supreme Court gutted McCain-Feingold, part of the reason for SCOTUS striking it down was because the bill told people when they could and couldn’t run advertising against candidates. This isn’t exactly on point but it’s close.

First, who gave Principal Seifert the constitutional authority to accept or reject communications of any sort? Next, why is expressing a contrarian opinion on another of our civil rights unacceptable? Didn’t the Founding Fathers put the First Amendment into the Bill of Rights to protect contrarian communications? I’ve said this before but I’ll repeat it again — there’s no need to protect non-controversial speech because everyone agrees with it. Finally, the First Amendment implicitly states that nobody in government has the authority to accept or reject student communications.

Further, Dailywire.com added to the story saying:

The video was first posted to Facebook by Kenny MacDonald, a student at New Prague High School in New Prague, Minnesota. The short video does not show what took place before or after the principal singled-out the student. In the post, MacDonald provided the following account of what took place:

Kids at our school today walked out, in honor of the 17 students killed in Florida. Students held signs that said, “Arm our teachers” they had two signs. A student walked out without saying a word peacefully put up his sign which said “guns don’t kill people, people kill people” he was escorted off the property by our principal and threatened to be put into a police car. This violates the first amendment and makes me sick that they can do whatever they want. Please make this go viral

It went viral alright:

Within a few hours, the video had already been viewed nearly 300,000 times, shared over 17,000 times, and received thousands of comments from people who expressed anger and disgust over the suppression of free speech and political indoctrination at public schools.

Then there’s this:

It’s appalling to read that “New Prague Area Schools fully respects and recognizes that students have free speech rights. Those rights, however, are to be balanced against the District’s responsibility to maintain a school environment focused on education.”

New Prague Area Schools obviously doesn’t respect students’ free speech rights because it threatened a student if he didn’t remove his sign. Further, a student’s First Amendment rights aren’t “balanced against the District’s responsibility to maintain a school environment focused on education.” A student’s First Amendment rights are to be balanced against the constitutional tests established by the Supreme Court. In literally hundreds of cases, the Supreme Court (and other appellate courts) have ruled against restrictions placed on people by city governments and school districts.

Finally, it’s frightening that a high school principal has such a flimsy understanding of the First Amendment. The School Board should order him to take an online class on the Constitution and the Bill of Rights from Hillsdale College. Principal Seifert’s understanding of the Constitution is embarrassing.

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