Author Archive: Robert Shibley

FIRE SUES ON BEHALF OF U. OF WASHINGTON PROF WHO PUSHED BACK ON PREFERRED ‘LAND ACKNOWLEDGEMENT.’ Instead of UW’s preferred text, Prof. Stuart Reges wrote on his syllabus, “I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington.” Shenanigans ensued.

Your more rigorous moral philosophers might suggest that if UW actually believes its claim on the land is illegitimate, it should give it back.

SOME PRETTY CHOOSY COERCION CONCERNS FROM SOTOMAYOR’S DISSENT IN FOOTBALL COACH PRAYER CASE

Second, schools face a higher risk of unconstitutionally “coerc[ing] . . . support or participat[ion] in religion or its exercise” than other government entities. The State “exerts great authority and coercive power” in schools as a general matter “through mandatory attendance requirements.” Moreover, the State exercises that great authority over children, who are uniquely susceptible to “subtle coercive pressure.” Lee, 505 U. S., at 588; cf. Town of Greece v. Galloway, 572 U. S. 565, 590 (2014) (plurality opinion) (“[M]ature adults,” unlike children, may not be “‘readily susceptible to religious indoctrination or peer pressure’”). Children are particularly vulnerable to coercion because of their “emulation of  teachers as role models” and “susceptibility to peer pressure.” Accordingly, this Court has emphasized that “the State may not, consistent with the Establishment Clause, place primary and secondary school children” in the dilemma of choosing between “participating, with all that implies, or protesting” a religious exercise in a public school.”

(PDF page 55; most cites removed for readability.) Great. Can we apply this to the endless, relentless pressure on K-12 public school kids to adopt and parrot state-established views on issues race, sex, LGBTQ issues, etc.? Oh, wait, those views aren’t “religious,” so publicly funded propaganda on that is OK, but a football coach offering optional prayers on the field is not. Got it.

Does anyone actually find this reasoning convincing, as opposed to convenient?

HAPPY ROE V. WADE IS OVER? NEW TITLE IX REGS MAKE THAT RISKY TO SAY ON CAMPUS. “The Biden administration’s proposed regulation uses a definition of sexual harassment that is similar to one that was struck down by the federal appeals court in Atlanta… [T]he court noted that it had ‘asked the University’s lawyer a series of questions about whether particular statements would violate the discriminatory-harassment policy: (1) ‘abortion is immoral’; (2) ‘unbridled open immigration is a danger to America on a variety of levels’; and (3) ‘the Palestinian movement is antisemitic.’ The University’s lawyer could not rule out the possibility that such speech would be deemed sexual or racial harassment under the policy’s broad language, without first considering ‘all the facts and circumstances’ surrounding the speech.”

(Bolding is mine.) There’s always another trick up the sleeve, isn’t there?

BIDEN ADMIN BRINGING BACK TITLE IX ABUSE WITH NEW REGS. They eliminate students’ right to a live hearing and to cross-examination and adopt a definition of sexual misconduct that (surprise!) can easily be used to censor political speech. FIRE will, of course, be on the front lines pushing back. And for a refresher, the Martin Center recalls some of the more notorious abuses dating from the Obama years. Expect this stuff to return.

‘[SUPREME] COURT STRIKES DOWN MAINE’S BAN ON USING PUBLIC FUNDS AT RELIGIOUS SCHOOLS.’ Public schools get to indoctrinate kids in the totalizing ideology of “wokeness” because even though it serves as drop-in (if lousy) replacement for religion, it claims to be secular. (This increasingly seems to me to be a “bug” in the Constitution’s language – I don’t think the Founders conceived of replacement religious ideologies that would claim not to be religions.) So it’s only fair that those who prefer their religion to the state-sanctioned one get the opportunity to take their tax dollars elsewhere.

GINNING UP A WITCH HUNT AT DUKE. In response to email about mandatory diversity training, Duke professor Bryan Cullen wrote, “My initial reaction is I refuse to engage in left-wing Maoist political propaganda workshops.” As if by magic, past, politically based grievances appeared on social media. Will my alma mater be wise enough to stick with its comment so far, which was that it has “nothing to add on this matter?” Time will tell…

2022 HEADLINES: “SCIENTISTS GENE HACK HAMSTERS INTO HYPER-AGGRESSIVE MONSTERS.” While we might lose a cure for cancer, it might be time to shut down most of this gene hacking stuff (including “gain of function” crapola) permanently, by international treaty. If there’s one thing we have learned over the last few years, it’s that these “science uber alles” morons will discard all compunctions if they can make a few bucks.

ICYMI: FED CHAIR POWELL RECONFIRMED FOR SECOND TERM. Is this because he and the Fed did such a bang-up job manipulating the money supply in the last term? What does it take to not be confirmed? The argument for central banks gets lamer every year.

CAN DOGECOIN FIX TWITTER’S BOT PROBLEM? Newly relevant since, as Stephen reports, Musk says his purchase is held up over Twitter’s claim that it’s less than 5% bots. I am enthusiastic about cryptocurrencies, but boy is the bot problem more easily solvable for 99% of people:

  1. Make it so everyone can pay $1 a month via credit card with a name for a blue check verification (instead of it being some weird pseudo-endorsement granted by our unseen overlords).
  2. Make it so users can choose to see only blue checks if they want, or blue checks and things they retweet. Or both, whatever.
  3. Twitter gets millions in revenue, people are spared bots if they choose, and anonymous speech is still fine and available for folks who might want it (like Libs of TikTok) and who offer interesting material. Any blue checks lying about who they are are committing credit card fraud.

Or some variety of that, anyway. Practically every legitimate political problem with social media is solved if you let users choose their filters rather than leave it to companies to choose what you can I can see. The political problem this does not solve is silencing your opponents “disinformation,” which is why nobody seems to want to suggest this most obvious of solutions.

JUSTICE DELAYED (SIX YEARS!) IS JUSTICE DENIED: Drake University’s student senate discriminates against its Turning Point USA chapter and denies it official recognition due to ‘harmful’ views. And this time they can’t even blame the “Drake Comrades.”

RELEASE THE FINAL DOBBS OPINION NOW. Justice Alito has reportedly been moved to an “undisclosed location” as angry protesters show up at justices’ houses. If Roberts waits too long in the name of the Court’s inexplicable desire to dump big-time opinions on the last day of the term and someone hurts or kills a justice in the meantime, that’s going to be on him, and the resulting explosion will be a disaster for all of us.

This may be the new normal and justices will just have to learn to deal with it going forward (like other politicians, which is what justices unavoidably are now thanks to years of bad decisions), but they’re not ready yet.