Constitution and Government Employment, continued

On Saturday, I posted that the government can’t fire an employee without due process. That is, a government entity has to follow certain steps before terminating the employment of their employees. Many of you disagreed, but I will share with you why I feel that this is so important:

There is a teacher I know who was terminated in violation of this law. Gerry Buell had been teaching for Lake County schools for over 22 years. He was selected as the county teacher of the year. Just a few months later, he posted on his private Facebook page that he was opposed to gay marriage.

On his personal Facebook account, outside of school time, Buell posted a reaction to New York’s passage of homosexual ‘marriage’ saying he “almost threw up.” He also referred to homosexual unions as sinful and referred to it as part of a “cesspool” of behaviors. The local media got ahold of it.

Just for the record, this is his exact comment:

I’m watching the news, eating dinner when the story about New York okaying same-sex unions came on and I almost threw up. Then they showed two guys kissing after their announcement. If they want to call it a union, go ahead. But don’t insult a man and woman’s marriage by throwing it in the same cesspool of whatever. God will not be mocked. When did this sin become acceptable?

By the way, if one doesn’t like the most recently posted opinion based on biblical principles and God’s laws, then go ahead and unfriend me. I’ll miss you like I miss my kidney stone from 1994. And I will never accept it because God will never accept it. Romans chapter one.

“It was my own personal comment on my own personal time on my own personal computer in my own personal house, exercising what I believed as a social studies teacher to be my First Amendment rights,” he said.

He was 100% correct, but that didn’t matter to the Lake County school system. Some parents filed a complaint with the school superintendent. Shortly afterwards, he was suspended. Two days after being suspended, he was fired for “violating his professional ethics.”

“We took the allegations seriously,” said Chris Patton, a communication officer with Lake County Schools. “All teachers are bound by a code of special ethics (and) this is a code ethics violation investigation.”

According to the school system, what Buell wrote on his private account was disturbing. They claimed that they were especially concerned that gay students at the school might be frightened or intimidated walking into his classroom. Patton also disputed the notion that Buell’s Facebook account is private.

“He has more than 700 friends,” Patton said. “How private is that – really? Social media can be troubling if you don’t respect it and know that just because you think you are in a private realm – it’s not private.”

So, according to the Lake County, Florida school system, whether or not a government employee has the right to free speech depends on how many people are listening.

Patton said the school system has an obligation to take the comments seriously. He said Buell will not be allowed back in the classroom “until we do all the interviews and do a thorough job of looking at everything – past or previous writings.”

To accomplish that, he said people have been sending the school system screenshots of Buell’s Facebook page.

“Just because you think it’s private, other people are viewing it,” Patton said, noting that the teacher’s Facebook page also contained numerous Bible passages.

Buell hired a lawyer, who sent a notice of intent to file suit for terminating him in violation of his First and Fifth Amendment rights. The school caved in. If government employees were “at will,” that never would have worked.

I want you to ask yourselves- just who in government service needs to have their Constitutional rights protected? In these days of school boards shutting down discussion and declaring that parents are terrorists, do you think that leftist teachers have any fear of being fired? Or do you think it is conservative teachers?

I myself was fired from that same exact school. In October of 2016, we were told to discuss the gay and lesbian lifestyle* and its benefits in the classroom. Click on the link to see the actual handout we were given. I refused. Less than a month later, I was attacked in my classroom by a violent student.

I had worked for that school for exactly one week less than a year, so I was still on “probation.” I could be fired for any reason. I was placed on paid leave. Two months later, the school system told me that, if I resigned, they would not pursue any other actions and would simply tell future employers that I had resigned. The union wanted me to fight. I didn’t think the job was worth fighting for, so I quit.

A month later, the school system tried to have my teaching license revoked by pressing formal charges with the state. Had they been successful, my medical license would also have been revoked. They accused me of attacking the student and even tried insinuating that I was a pervert that was attracted to the teenaged girls in my class.

I wound up spending several thousand dollars on a lawyer, got a hearing, and won my case. Throughout the process, the school hid evidence, manufactured evidence, and played every dirty trick they could. My attorney was livid. After the administrative hearing was over, he wrote a letter to the director of Florida’s DOE, telling them that he had never seen the kind of outrageous behavior from a school system before.

Be careful what you wish for. Remove constitutional protection from government jobs, and the left will be free to eliminate the conservative minority.


* Note that I mentioned this in 2016. This grooming thing has been going on since before Trump was elected. Note also that the CRT stuff has been brewing since at least 2020. I mean to say that both grooming and CRT have been in our schools for at least a decade, perhaps longer.

If it weren’t for the constitutional protections that government employees have, the only voices our children would be hearing are the ones grooming them for the left. It’s important.

Licensing Update

My post from earlier this week on the proposal for national firearms licenses needs a bit of a follow up. Slate has jumped on their usual antigun bandwagon to write a screed in support of this plan. As expected, it hits every tired lefty talking point.

They claim that the AR15 is “two hundred times more lethal than the revolutionary muskets that helped win the American Revolution.” Of course, they ignore the fact that they published this article on the Internet, a speech platform that allows 1,000 times more child pornographers to exist than did handwritten bills of Benjamin Franklin, with the point being that changes in technology to not erode individual rights.

The authors at Slate refer to adherence to the Constitution as “originalist fantasy” as if the very document that grants power to the government in the first place were some piece of paper that can be ignored at the whim of a government official. In that, they are correct: the Constitution CAN be ignored by government officials. The founders knew that, which is why the RKBA exists in the first place. They knew that, one day, this very attitude was likely to take hold, the people themselves would need to take action, and access to arms would be necessary to right the wrongs of government tyranny. The article continues:

Alito appears to have gathered his facts about guns and subways from old Charles Bronson movies, not the meticulously documented evidence about gun violence and regulation supplied in the public health brief filed in the case. Unfortunately, Alito and the court’s new originalist majority appear to have difficulty telling fact from fiction. Indeed, instead of consulting history, as originalist theory requires, the justices seem perfectly happy to parrot the propaganda dished out in briefs bought and paid for by the NRA and other extremists gun rights groups.

Note that they attack Alito and the court. This is all a continuation of the attacks that are needed for the left to pack the court, and Alito is a target of their ire, especially in light of Alito’s own attacks on Roe v. Wade in his leaked opinion in Dobbs v. Jackson Women’s Health Organization. That particular event has made him the current political enemy number one of the left. I would daresay that he is about to overtake Trump as the left’s most hated man in America. The very next paragraph is a large tell:

It is bitterly ironic that the arguments and logic that Justice Alito put forth in his leaked draft opinion in Dobbs

The opinion that the 2A protects RKBA is referred to as a “libertarian gun rights fantasy” that confuses James Madison with Dirty Harry. What they forget is that Dirty Harry wasn’t a citizen trying to protect himself from government overreach, he was a cop who was enforcing his own version of the law using firearms and a monopoly on force that have largely been denied to the citizens he was sworn to protect.

The article attempts to make the case that states after the Civil War were “empowered by this recognition of express constitutional authority to robustly regulate arms in public, dozens of states and cities enacted laws limiting guns in public, including good cause permitting schemes similar to that in New York,” while leaving out that many of those laws were enacted to prevent the now freed slaves from having access to firearms.

Let the court decide that Americans actually have gun rights, let them actually decide that women don’t have a Constitutional right to kill their children, then follow that with their inability to pack SCOTUS to change it, and you will see a left that becomes insanely violent. Remember how they scream like petulant children when Trump defeated HRC? Remember that it was then that the left began systematically trying to destroy Trump by using the power of the swamp?

I used to think that CW2 would be triggered when the left pushed the right too far. I feel that I may have been wrong. It will be the left that kicks off CW2, and SCOTUS just might be the catalyst.

Tips Below 20% Make You a Racist Homophobe

According to this article, everyone should tip 20% no matter what.

You cannot will yourself to be blind to physical differences. Remove those biases by deciding to tip 20% before ever laying eyes on your server. Don’t even bring the quality of your service into the equation.

First, they attempt to quote scholarly sources like the characters in Harry Potter:

The sometimes-wise Sirius Black tells always-garbage Ron Weasley, “If you want to know what a man’s like, take a good look at how he treats his inferiors, not his equals.” Well said, dog stars!

The odd part is that this moron doesn’t even know that JK Rowling plagiarized that line from numerous historical figures.

Then they appeal to your leftist cred, because if you don’t tip at least 20%, you are a racist or something.

The tipping system also opens up opportunities for us to flex our unconscious biases. Racism, sexism, ageism, and ableism decimate the earning potential of many competent servers.

Not to be appropriative, but: you’re woke, aren’t you? A big part of being woke is admitting that you have unconscious biases.

Then they proceed to make flawed analogies:

I work a salaried job. I have bad days—days where I am grouchy, disorganized, and distracted. You know what my company doesn’t do in response? Send me a smaller paycheck that month.

Here is the flaw in your argument, cupcake: I am not your employer. You don’t work for me, I have absolutely no contractual obligation to you. If you don’t like your job or what you get paid, get a different job. To show you exactly how asinine and flawed your position is, I could use your same logic and apply it to my own job: If I have a great day at work and save your life, will you give me extra money in appreciation? If I have a bad day and kill your mother when I accidentally give her the wrong medication, shouldn’t I still get paid the same amount as when I saved a life?

This mental midget then goes on to make the classic threat that they always make: threaten to spit in your food.

Left Killing Their Own

A law firm that has been fighting for nature to have Constitutional rights by filing lawsuits to get court precedent is being accused of transphobia. I love it when liberals eat their own.

Since last summer, seven of the 15 staffers or contract attorneys have left the nonprofit Community Environmental Legal Defense Fund, which gained some renown in recent years as a leader of the “rights of nature” movement to win civil rights for parts of the environment. Three of those who quit told E&E News the organization was divided by a toxic work culture that resisted efforts to make it more inclusive, including for LGBTQ people.

Let Me Explain My Position

https://twitter.com/returnofbrian/status/1511053152333832193

“Free Speech” means that you can say whatever you wish without fear of government reprisal. It doesn’t free you from all consequences. Twitter is well within their rights to lock you out of their service.

However, people are responsible for the things that they say. A great example of this is slander, libel, and defamation of character. If I make a statement as if it were a fact, yet I know to be false, and I made that statement with the intent of harming the person who is the subject of that statement, I am liable for that. Even if I made that statement with a careless disregard for any harm it would cause or a disregard for the truth of that statement, I am still liable.

For example, let’s say that I make the statement that someone is a pedophile. At the time I made the statement, I didn’t know or care whether or not it was true. If the community heard that statement and his business, career, or reputation is harmed, I am now open to being sued by him.

The reason why the press can publish stories about people is they make every effort to ensure its veracity. The truth is an absolute defense. This is why news organizations retract false statements publicly as soon as they realize it was false. Or at least why they used to.

The reason why sites like Facebook, Twitter, and other social media sites don’t get sued is that they have claimed to be a virtual town square where the site doesn’t have anything to do with the content, and are merely serving as a vehicle for free speech.

As soon as Social Media sites began controlling and eliminating speech that they disagreed with, they became editors who ensured that anything posted on their site was something with which they agreed. At this point, the statement is essentially their statement and not simply a posting of someone else’s statement. They are trying to avoid this by calling it “fact checking” and dodging their responsibilities. I think this is a fig leaf that should be eliminated, but we know how the courts are going to go.

I just don’t believe in our legal system or its courts. Heck, I no longer believe in our entire government. Sadly, it has been completely subverted.

In the case of Musk blocking people, he isn’t eliminating their ability to speak. He is simply refusing to listen to them, and that doesn’t violate anything.

Two Justice Systems

I was going to post on this later in the week, but JKB over at Gunfreezone beat me to it, albeit from a different angle. A Dunkin’ employee killed someone because that person called him the so-called “n word.”

In this case, the 77 year old white man received a sentence of death for daring to use that sort of language. The 27 year old black man, so threatened by the use of an unkind word, committed a battery upon the elderly citizen. That’s right, an old man received a death sentence for using mean words. I want to mention that the article also revealed that the 77 year old victim was a convicted sex offender. Since the killer had no way of knowing that, I don’t think it was germane to the story.

For this crime, the black man was permitted to plea to felony battery. OK, I am on board with this, so far. The death was an unintentional side effect of a young, fit man punching an old man. Here is where the justice system fails:

The sentence in the case was for 200 hours of community service and two years of house arrest. He will have to stay at home, unless he is at work or church. The prosecutor had this to say:

“Two of the primary factors were the aggressive approach the victim took toward the defendant and everyone working with the defendant, and that the victim repeatedly used possibly the most aggressive and offensive term in the English language,” Kamm told the newspaper.

We constantly hear about so called “white privilege.” Now name one thing that a black man can say that will allow a white man to kill him. Contrast this with the Kyle Rittenhouse case, or the George Zimmerman case. In both of those cases, the one who did the killing was engaged in self defense from an actual attack instead of meting out punishment for the mere use of a word.

You know, the word that is used every day by rappers and other assorted “people of color.” However, if this “magic word” is uttered a single time by a white person, it can be used as an excuse for anything that a black person does for him, even if the word was uttered decades ago and the black person didn’t even hear the white person say the word.

There are now two justice systems in this country. One for straight, white males, and one for everyone else. Yes, Vonelle Cook was a sex offender with multiple convictions for having sex with 15 and 16 year old children, so I don’t mourn his passing. At the same time, the killer in this case wasn’t aware of that, so I don’t see that it was at all pertinent to what happened here. Nope, Vonelle Cook proved that you can be cancelled for using the wrong word.

Cracker Ass Crackers

Scratch a liberal and you will find a racist. The mayor of New York joins a long list of Democrats who get to make racist comments while no one in the press seems to care. Listen as he calls white cops a bunch of “crackers.”

Surprising no one, no one cares when a liberal is a hypocrite. If the left didn’t have double standards, they wouldn’t have any standards at all. If Hizzonor gets to call the cops that work for him “crackers,” do cops get to return the favor?

Let’s be honest here.

It’s important to recognize that the people in the cancel culture are not actually offended.

They PRETEND to be offended. Why? Because that’s where the power is. They just want the power to ban people who think, speak or write differently. They’re using the gimmick, the tools, any means available.

Remember, the hard core left believes “by any means necessary.” If it means pretending to be offended for now, that’s what they’ll do. Whenever they can drop the mask and rule with a naked fist, that’s just what they do.

This began years ago, when young women realized that they could destroy any man they wished, merely by alleging sexual harassment. I came to realize this one day when I saw a young woman at one job who had filed several harassment complaints, but would also run over and plop into the lap of male employees, as long as those men were attractive.
It’s about power, and alleging that you are offended grants certain people with immense power.

Easier to Cancel You

How did I miss this? A Minnesota school board is making it easier to cancel those who they disagree with. Their rules say that, in order to speak to the board at a meeting, a speaker must:

  • The speaker must state their home address before speaking
  • Board members cannot be addressed directly
  • No one may discuss any issue not on the agenda for the meeting
  • If anyone cheers, claps, or speaks out of turn, the public forum will be shut down at once.

Effective tonight, open forum participants are prohibited from calling out or addressing any individual school board or school district staff member. If this occurs, open forum will be closed,. Beginning at the Nov. 1 school board meeting, open forum will be limited to those individuals who wish to speak to an item on the board agenda.

Crowd noise, or any sort of grandstanding during open forum, including applause, talking, hollering or any outburst will result in open forum being closed. Further, beginning at the Nov. 1 school board meeting, open forum participation will be limited to those individuals who wish to speak to an item on the board agenda.

So much for petitioning your government for a redress of grievances, eh? I wholeheartedly agree with the author of the linked page when he said:

This is exactly the kind of subtle tyranny that’s being implemented across the country, from private employers to the federal government to classrooms and everywhere in between.

Sure, no one is forcing you to take the vaccine, but you’ll lose your job if you don’t. Sure, no one is forcing your child to adopt the ideology of critical race theory, but they’ll be alienated by their peers and told in class they’re a racist if they don’t repent of their whiteness.

Sure, no one is banning you from speaking out against local school board policies, but just go ahead and tell everyone where your kids sleep if you’d like the opportunity to do so.

What’s next? I shudder to imagine.

Please take a few minutes and read the entire article.

Creating Villains

This article is an attempt to paint gun owners as being terrorists and Nazis. Case in point:

The Atlanta Gun Show, held over a weekend in late September, had everything one might need for a coming apocalypse or civil war: flame throwers, hundreds of rifles, thousands of handguns and knives, body armor, survival kits, medical supplies…Nestled in the middle of the show at the Atlanta Expo Center, a man proudly displayed Nazi memorabilia: medals, swastika patches and a model of a German amphibious vehicle occupied by toy Nazi soldiers. People crowded around his table, asking questions about buying and selling Nazi stuff.

Let’s look at that table of Nazi memorabilia.

Looks evil, right? Let’s take a closer look:

Not a Nazi. This table is selling war memorabilia from all three of the major suppliers of weapons, but a person buying and selling Japanese WW2 military items doesn’t support the true goal here: making gun owners look like they are trying to kill minorities. This is about turning 2A supporters into racist killers.

This is another attempt at making the same stupid “terrorist” argument they always do. Trump supporters were terrorists in October.

NBC claimed that Republicans are planning an armed insurrection and that Steve Bannon has turned Breitbart News into a right wing ethno-Nationalist Propaganda mill. (Oct 4, 2021)

The Guardian says that Republicans are meeting as a part of secret hate groups who want to target non-whites and LGTBQOENC… (Sept 30, 2021)

It became apparent in June that Biden’s plan was to demonize and target the right as terrorists so he can bring the full power of the Federal government’s anti-terror laws to bear.

This editorial in the Washington Post says that anyone who opposes the COVID vaccine is committing domestic terrorism. 

San Francisco has declared that the NRA is a terrorist organization, and is urging the Federal Government to do the same. 

This isn’t new. It’s been going on for more than a decade. From twelve years ago:

Americans affiliated with a foreign terrorist group would be stripped of their U.S. citizenship under bipartisan legislation introduced by Senator Joseph Lieberman.Americans affiliated with a foreign terrorist group would be stripped of their U.S. citizenship under bipartisan legislation introduced by Senator Joseph Lieberman.