First Amendment Friday: January 20, 2017

January 19, 2017 Civil Rights, Featured, First Amendment Fridays, Gay and Lesbian Comments (1) 172

Happy Friday! It’s January 20, spring is two months away, and I’ve been 38 for three whole days. There’s something else happening today, too, but damned if I can remember what it is. Still, some unnamed impulse has inspired me to bring back the old Friday First Amendment Roundup, which I haven’t written since I worked for the ACLU. That same feeling tells me I’ll try to keep at it for the next four years.

So… Let’s all dust off our vintage Louis Brandeis decoder rings and see what’s happening with the Constitutional Amendment that’s First in all our hearts.

The Slants, the Supreme Court, and the NFL

The Slants, an Oregon-based band whose members are all Asian-American, appeared before the Supreme Court this week. Why? The US Trademark office says a 70-year old law forbids them from registering racially offensive names. The Slants (whose name comes partly from a derogatory term for Asian-Americans) say the law violates their freedom of speech.

Watching with great interest is the NFL’s Washington-based football team, whose name will not appear here. In 2014, the Trademark Office stripped said team of their trademark rights, costing them major profits. They are definitely rooting for the Slants; no word yet on any SCOTUS-related face painting.

Curb Your Rights

DAPL Protesters, photo by Flickr user Fibonacci Blue

Photo: Flickr user Fibonacci Blue.

As the nation prepares for a protest that may be one of the largest in our history, five separate states have introduced legislation to crack down on peaceful protests. Oh, excuse me. That should read Republican legislators in five separate states.

Especially targeted are highway protests, popular with Black Lives Matter and Dakota Access protesters. Minnesota and Iowa seek to make such protests illegal, while in North Dakota lawmakers think motorists should be able to kill protesters with impunity. Provided they claim it was an accident, of course.

Washington state and Michigan are also looking at criminalizing protests. A number of these legislators, by the way, consider themselves members of the Tea Party Caucus. I seem to recall something there to do with protest… but let’s move on.

A Big, Beautiful Problem with the First Amendment. Just Huge.

It says here that some guy named… Donald Trump(?) is taking over as President. Trump has shown himself to be no friend to the First Amendment, and the Nation does a good job of breaking down the biggest issues, from his relationship with the press and his abuse of libel laws to his endorsement of laws against flag-burning.

The Nation doesn’t mention much about the religious freedom provisions of the First Amendment. This Atlantic article from late December covers the bases: Anti-Muslim discrimination, mosque surveillance, and attempts to legalize discrimination against LGBTQ+ people and religious minorities. It’s morning in America, people.

Did I say morning? Sorry, I meant mourning. Damn homophones.

Hey, trivia: A “homophone” is the reason Mike Pence currently lets all his calls to go voice mail. And speaking of the midwest…

Priority of Zion

The ACLU is currently fighting a new law in Ohio that forbids the state from contracting with any business that boycotts Israel. Similar laws have recently passed or been introduced in about half of US states, including New York. The ACLU warns that such legislation not only punishes legal political action, but risks punishing businesses that divest from Israel for apolitical reasons, like new tarriffs.

Writing in Slate last April, Columbia Law Professor Katherine Franke and attorney Michael Ratner pointed out the irony of Zionist crackdowns on boycotts, observing that the Jewish community had long used boycotts as effective political tools. The two also expressed concern that such anti-boycott initiatives could be deployed against the LGBTQ+ population, which has deployed high-profile boycotts against anti-equality legislation in states like Indiana and North Carolina.

Anti-equality legislation? Hey, that brings us back to Mike Pence! So why not…

The No-Pence Party

In what has to be my favorite political protest… I don’t know, ever? LGBTQ+ activists staged a massive queer dance party outside Mike Pence’s DC-area home, just days before Pence was sworn in as Vice President. Protesters in hot pants and various rainbow garments sang, gyrated, and called for “Daddy Pence” to come out and join in the festivities.

Which goes to show: When it comes to American political protest, eventually it always comes back to tea bags.

Yeah… Sorry.


Top Photo: Wikimedia Commons

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Backfire and Backlash: Mike Pence and Republican Reality

April 1, 2015 Gay and Lesbian, In The News, Politics / Religion Comments (2) 255

110126_pence_oped_ap_328Three days ago, Indiana governor Mike Pence admitted that he “didn’t anticipate the hostility” that would result from passing the state’s new anti-gay “Religious Freedom” law. Speaking to the press on Sunday and Monday, he emphatically denied that the new law was about anti-gay discrimination. All this, despite abundant warnings from legal experts about the nature of the law, warnings and examples from gay rights groups about the potential backlash, and the fact that three professional homophobes stood behind the governor when he signed the bill.

How could this be?

There are those who assume Pence is being obtuse, that he’s adopting ignorance as a defense against the “unforeseen” backlash, but there is another possibility: The governor of Indiana might honestly have been this out of touch with reality–as out of touch as Mitt Romney before the 2012 election, when he ordered celebratory fireworks and neglected to write a concession speech.

Cognitive dissonance is a fascinating thing, and April 1 is the perfect day to discuss it. As companies across the Internet post their best April Fools joke–from Southwest’s crazy new bag fee system to CERN’s announcement that the Force really is with you–they rely on cognitive dissonance to help you get the joke. When the human mind is confronted with new information that conflicts with what previous experience would lead it to expect, one way to reconcile that conflict is to recognize humor.

There are other responses to cognitive dissonance, however. One of the most fascinating is what researchers Brendan Nyhan and Jason Reifler termed the backfire effect: the tendency of a person to reject new information when it contradicts that person’s belief or understanding, and double-down on that commitment. Continue Reading

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