Socialism, It’s Coming

AOC is upset that rich people control large businesses. It’s better, according to her, that she and the rest of the government get to do it. Bartenders are so much better at running things, you see.

They want the power to pick who gets what. They want to determine through government fiat who is rich and who is poor.

Free Speech?

A man attended protests around the Tampa area. He is alleged to have been using racial and anti-gay language at these protests. The leftists do what they always do- they post pictures of people on the opposing side in the hopes that someone will identify them. That’s what happened here: someone recognized and identified him. At no time is he alleged to have identified his employer during the protests, nor is he alleged to have ever worn uniform items while protesting. Still, he was fired from his job at the Largo Fire Department as a result of his behavior at the protests.

Stoffel’s actions were not consistent with the standards and trust the community expects and deserves. ~Largo Fire Department officials in a statement to the press

A private employer would be in a good position to fire Mr. Stoffel. However, his employer is the government.

The government cannot prohibit the free exercise of speech. Government employees who are not at work do not lose their Constitutional rights simply because the government signs their paychecks. Government employees can speak as private citizens on matters of public concern without fear of retaliation, but their speech can be restricted if it disrupts government operations or is part of their official job duties. Since Mr. Stoffel was protesting on his own time and did not at any time indicate that he was a government employee, he is free to speak his mind. This is a well established legal principle.

The governing constitutional standard, known as the Pickering test, is a flexible balancing inquiry pitting the interests of the government as an employer against the free speech interests of their employees.

  • speech spokenĀ asĀ an employee gets no constitutional protections. So the speech cannot be made as a part of an employee’s duties. Garcetti v. CeballosĀ (2006)
  • The speech must be one of concern to the general public. For example, speech complaining about your boss’ management style is not protected. Connick v. MyersĀ (1983)
  • InĀ Pickering v. Board of Education,Ā a public school teacher was fired for publishing a ā€œLetter to the Editorā€ that criticized the local school board’s allocation of school funds. The Court noted that teachers were ā€œthe members of a community most likely to have informed and definite opinionsā€ about public school expenditures. This establishes that sometimes citizens who happen to be government employees can have an educated opinion.

Speaking as a citizen and speaking as an employee appear to be mutually exclusive: a speaker can speak either as one or the other.Ā An employee speaks as a citizen whenever the speech is neither an employment grievance nor speech that a part of their professional duties. And while speech spoken as an employee is unprotected, when an employee speaks as a citizen, any reactive adverse employment action would be subjected to a constitutional scrutiny whenever that speech is about matters of public concern. Simple, right?

One other caveat: The speech can’t be detrimental to the mission of the employer. In City of San Diego v. RoeĀ (2004), a police officer was fired for selling sexually explicit videos of himself stripping off a police uniform and masturbating. When the case eventually made it to SCOTUS, the court ruled that the officer had damaged the mission of his employer because he appeared in uniform in the video.

So let’s now take a look at Stoffel’s actions- he was engaged in various protests in the Tampa area. At no time did he announce that he was a firefighter, never appeared in any sort of clothing that identified that he was part of that fraternity, and the speech was not a part of his duties. Some speech, like a public employee’s social media posts considered racist, sexist, or homophobic, could be seen as matters of public concern.

In deciding if the speech is disruptive to the workplace, the court will consider the content of the speech, as well as its manner, time, and place. In this case, it was at a protest where people of both sides of the argument were present.

There was a similar case a few years ago in Lake county, where a teacher that had expressed his disagreement with the concept of gay marriage was terminated after a parent recognized him and started a public cancelling campaign. He sued, and they settled out of court, paying him an undisclosed sum. I posted about it here.

In my opinion, Mr. Stoffel has a good case. He should retain a lawyer and file a lawsuit.

Teens Ruin It for Everyone

It’s become a macabre tradition in Central Florida. School is out, and the ‘teens’ are engaged in criminal behavior at the area’s theme parks. Aquatica is a water park owned by, and across the street from, Sea World in Orlando. Last summer, groups of teens staged several ‘takeovers’ where hundreds of them swarm the park. While in there, they get in fights, harass legitimate tourists, and cause mayhem. This in turn causes the park to shut down for the day. This happened several times last year, for example this case from last June 12. (see if you notice anything that the ‘teens’ have in common):

These sorts of things happen at the parks on a regular basis. None of the parks are immune- it’s happened at Disney, EPCOT, and even the high priced resorts. It’s already begun to happen again this year on the one year anniversary of the incident above, with Aquatica being shut down for the day after a group of feral Amish Canadians aspiring rappers churchgoing choirboys doctoral candidates took over the park, with some of them even reportedly climbing the fence, and engaged in a large brawl.

Thinking They Are Clever

The rioters on the left think that they are clever, because they are using fireworks as weapons:

They are just fireworks and not weapons, they claim.

As soon as you use a firework in an antipersonnel role, it becomes an illegal explosive. See the ATF opinion on using them in a 37mm flare launcher. I consider this to be lethal force, and if for some reason I am in the vicinity of someone tossing fireworks into a crowd, I will respond in kind.

As I Have Been Saying for 5 Years

We are seeing an in progress Communist coup of this nation. It is being funded by our own tax dollars, controlled by the Democratic Party, coordinated through the US intelligence agencies, and following the CIA insurgency manual nearly to the letter. Now we see reports from Peter over at Bayou Renaissance Man that there are financial statements linking the Democrat party directly to the riots and rioters. I am working to confirm that report right now. The closest I can find with a quick search is this:

If confirmed, this is evidence that the Democrats are actively engaged in fomenting violent action in order to advance their political cause. This is a criminal act and should be prosecuted. Of course, any action taken against the Democrats will just bring more cries of how Trump is a Fascist dictator who is trying to take over the government. Not only that, but it is apparent that significant portions of the US government have been coopted into the plot. For those reasons, nothing will be done.

The press can’t be relied upon, as they report that the riots are just “people having fun, watching cars burn,” and are not a riot.

The risk of open warfare increases. It’s only a matter of time before someone decides to cry “Havoc,” and release the dogs of war. Be alert, more peaceful protests are being planned all over the nation on Saturday. It’s best to avoid them.

“But, but, but January 6th.” Is the only thing the left has. Eight months of leftists rioting in 2020, followed by a 4 hour riot by the right, and that’s what they focus on. Part of me says “Let’s just do it. I am sick of this posturing,” while another part of me knows just how bad it will be.

Follow The Money

The riots in LA are being sponsored by Socialist groups, the Democrat Party using USAID money, and the Chinese Communist Party. If true, this is a blatant insurrection. If Trump really wants to get his lame duck on, he should put Federal investigators on to exposing this, so he can make the case to declare California and Oregon as being in a state of insurrection.

Any Americans caught accepting or donating money to the cause should then be arrested and charged with insurrection, and that includes the Governor AND Maxine Waters. Wouldn’t having them barred from office under the 14th Amendment be ironic? It’s self executing, after all. Isn’t that what they were saying for years?

Liberal Viewpoint

there are no “illegals.” That’s a word the Republikkkans use to dehumanize and demonize. People who are here without documentation, without legal permission, that’s a civil offense, not a criminal one. Crossing the border outside a checkpoint is misdemeanor trespass. They can claim asylum from anywhere in the U.S and whether you like it or not they have as much right to be here as you MAGAats do. Most of them are workers with families just like you. Once they have been there for over decades, they are protected by the statute of limitations.- Rando Lefty talking points

This ties in with my statement on Due Process. Read the clause again:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So lets assume that you are right- illegally entering the country isn’t a crime. OK. What is the penalty? You get sent back to the nation that you came from. That isn’t depriving you of life, liberty, or property, so you aren’t entitled to due process.

If the government DID want to charge you with a crime, the law used would be 8 USC 1325: Improper entry by alien. The law reads:

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

In other words, it’s a misdemeanor the first time, a felony each subsequent time.

Saying the word “asylum” isn’t a magic word that gets you a free pass. First, asylum is for fleeing your home country because your life is in danger if you stay. Second, once you have left your home country, the threat is gone, and you are done fleeing. That means you can’t pass through 8 nations on the way to the US in order to claim asylum. That’s not how it works.

Also, sneaking into the country and staying here for a decade in violation of the law doesn’t mean that you can claim asylum after being caught.

The statute of limitations don’t apply in the event of a crime that continues every day. If I were to make an illegal machine gun, but I own it for 20 years, that doesn’t mean ATF can’t charge me with it. That also isn’t how crimes work.