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February 5, 2017 Filed under Op/Ed, Opinions

A Maroon editor asked me to write 400 words on the First Amendment, suggesting that our students know little about the Bill of Rights in general or the First Amendment in particular. What needs to be said to begin to understand the First Amendment can take an entire semester and an entire course; at least Ive not been asked to distil it down to 143 characters, though Ive already gone beyond the limit many students can process (and worse, no emojis.)

Justice William Brennan argued that the Founders included a free speech clause in the Bill of Rights for two reasons: (1) free speech is indispensable to democratic government, and (2) self-expression is a fundamental component of human dignity. Democratic self-government is in danger if freewheeling and uninhibited discussion of matters of public concern is absent. And respect for the equal dignity of each human being requires toleration of individuals speech even when that expression is overwhelmingly unpopular.

More recently, Burt Neuborne described the First Amendment as a chronological description of the arc of a democratic ideafrom conception to codification. The two religion clauses protect freedom of thought. Individual interaction with the community then develops from expression of an idea by an individual to mass transmission of that idea by a free press to collective action by the people supporting that idea to the culmination (in the petition clause)introduction of the idea into the formal process of democratic lawmaking.

A free press transmits important ideas but also provides information vital to public deliberation about the idea. Deliberative democracy is a charade without an informed citizenry. And a government bent on oppression has no better tactic than delegitimization of the press by shrill accusations of fake news whenever a fact the government does not like is reported. (Time to haul out the alternative facts.)

The other ally of such a government is ignorant citizens, and Facebook, Twitter, 90% of what is on television, a good deal of what is on the internet and similar distractions do little to eliminate this ignorance. They deepen it.

Contemporary First Amendment protections are much broader than the understandings of Madison and the Framers. In large part, that is because of the U.S. Supreme Court, beginning in the early decades of the 20th century, elucidated a series of interpretations that made the Amendment the bedrock of the democratic process that it is today.

But what the Court giveth the Court can take away. For the next four years, at least potential appointees will have to face a litmus test of willingness to overturn Roe v. Wade, and a Justice who will do that likely will have few qualms about reversing cases that have protected the rights of women, African-Americans, LGBTQ persons and the First Amendment rights of all of us.

One hopes readers who did not know all of this will seek to learn more. Ignorance is curable, but willful ignorance can be insuperable, and fatal to our democracy.

Read more:
In my opinion: students cannot be ignorant to the First Amendment - Maroon

Credit card surcharges are synonymous with cash discounts. However, eleven states, including Texas, prohibitpassing credit card surcharges onto consumers as a way to cover the merchant fees associated with credit card payments. Bans on surcharges are not a new phenomenon in the United States, but when the federal ban expiredin 1984, these bans were largely left to state legislatures.

The most recent case regarding this matter, Expressions Hair Design v. Schneiderman, was heard by the Supreme Court earlier this year and concerned New York businesses that fell under the bans jurisdiction.

The argument was made that banning a surcharge to cover the interchange fees when a customer opts for the use of a credit card in lieu of cash or other similar means was a violation of the First Amendment right of businesses.

While it is legal under the New York statute as well as many others to offer a cash discount, businesses are not allowed to label the transaction fee a credit card surcharge.

The First Amendment argument is weak. The idea that it is meant to protect consumers with transparency is suspect. Aside from refusing merchants the right to label a cash discount or lack thereof a particular way, very little of the legal wording of these provisions mention anything explicitly regarding free speech.

A major problem with the free speech argument is that the enforcement history concerning the charges has been ambiguous over the years. Even the aim of the statute is slightly arbitrary.

Whether these statutes imply that two prices, one for credit cards and one for cash equivalents, is prohibited or these statutes are aimed at curbing bait-and-switch pricing tactics is not entirely clear.

If businesses were forced to convey the reason for the credit card surcharge instead of a cash discount, it would be a way of controlling speech as well.

The reason a business wouldnt want to convey the surcharge: to avoid the awkward conversation of why their customers suddenly have to bear the brunt on the transaction costs, which I imagine is a highly prevalent phenomenon.

Behavioral economic theories play a role in the case but are hard to quantify or find legitimate empirical evidenceaffirming a rejection of the ban. Overall, the argument that could potentially justify the overturn of such bans are not without merit. The surcharges could transfer more power from credit card companies to consumers.

Consumers sentiments could change regarding the frequent use of credit cards as well as provide consumers with more information about transactions with increased transparency. All that aside, even with commercial speech taken into account, these laws most definitely regulate conduct as opposed to speech.

In effect, this renders the First Amendment argument as an appeal that comes off as little more than grasping at straws.

Opinion columnist Nicholas Bell is an MBA graduate student and can be reached at opinion@thedailycougar.com

Tags: Credit Cards, economics

See the article here:
Credit card surcharges and the First Amendment - The Daily Cougar

Charles C. Haynes is director of the Religious Freedom Center of the Newseum Institute.

On Jan. 27, International Holocaust Remembrance Day, President Donald Trump issued an executive order temporarily halting immigration from seven Muslim-majority countries, suspending the refugee program and permanently imposing a religious test for refugees going forward.

Jen Smyers of Church World Service spoke for many people of faith working on behalf of refugees when she called Jan. 27 a shameful day in the history of the United States.

Numerous national security experts and diplomats including more than 1,000 State Department officials have also spoken out, warning that the order is wrongheaded and dangerous. The optics of an American policy that appears to target Muslims seriously tarnishes the reputation of the U.S. in Muslim-majority countries and throughout the world.

The initial chaos and confusion surrounding the rollout is a harbinger of the damage to come from alienating Muslims worldwide, empowering radicals, and abandoning refugees to suffer in camps. Far from making us safer, the executive order is widely viewed as a direct threat to our national security and an assault on American values.

Of all the controversial provisions of the order, none is more problematic and damaging than the religious test that gives priority to refugees fleeing religious persecution if, and only if, they are a religious minority in their country of origin. The intent is clear: Open the door to Christians from Muslim-majority countries while doing everything possible to keep Muslims out.

Although the order does not explicitly mention Muslims and administration officials insist it is not a Muslim ban we know the motive behind the order from Trumps own campaign promise to mandate the complete shutdown of Muslims entering the United States.

Facing fierce backlash last summer, Trump retooled the Muslim ban to make it more palatable, but he did not retreat from his intention to keep Muslims out. Asked by NBC News in July if he was backing away from his Muslim ban, Trump answered:

I dont actually think its a rollback. In fact, you could say its an expansion People were so upset when I used the word Muslim. Oh, you cant use the word Muslim. Remember this. And Im OK with that, because Im talking territory instead of Muslim.

Now, six months later, Trumps Muslim ban under another guise is the official policy of the United States government.

From a human rights perspective, the most disturbing parts of the executive order bar refugees for four months, cut the number allowed in by 60,000, impose a religious test, and freeze indefinitely the refugee resettlement of Syrians. Taken together, these policies add up to an inhumane, immoral and woefully inadequate response to the greatest humanitarian crisis since World War II.

Contradictions and ironies abound. Trump recently told Christian Broadcast News that he wanted to help Syrian Christians, whom he claimed (without citing evidence) were deliberately kept out while Syrian Muslim refugees were let in under the last administration. But his executive order bars all refugees from Syria indefinitely meaning that Christians facing genocide in Syria will have no haven in America.

Last year the U.S. accepted a small number of Syrians (10,000 as of August 2016) out of the nearly 5 million Syrian refugees. After Trumps order, the number will be zero. Once the four-month ban on refugees from other countries is lifted, the number of projected refugees will be cut almost in half and those seeking entry will face a religious test.

Beyond humanitarian concerns, I am convinced that Trumps order is also unconstitutional. The Establishment clause of the First Amendment prohibits government from targeting Muslims for exclusion and favoring Christians for admission; in short, prioritizing some religious groups over others. Lawsuits have already been filed challenging Trump on First Amendment and other constitutional grounds.

If strengthening national security is the goal, keeping out refugees Muslim or otherwise is not the solution. Refugees are currently vetted for over two years before being allowed entry, and no person accepted into the U.S. as a refugee has been implicated in a fatal terrorist attack since systematic procedures were established for accepting refugees in 1980, according to an analysis of terrorism immigration risks by the Cato Institute.

Orwellian doublespeak cannot obscure the hostility toward Muslims and Islam that animates President Trumps executive order on immigration. A Muslim ban is a Muslim ban by any other name.

On the day we remember the Nazi genocide of the Jews, the United States closed the door to those fleeing genocide today.

A shameful day indeed.

Charles C. Haynes is vice president of the Newseum Institute and founding director of the Religious Freedom Center.

Here is the original post:
First Amendment: 'A shameful day' - hays Post

President Trump came to the National Prayer Breakfast last week with cheering words about religious liberty. Together with his picks of Vice President Mike Pence and Supreme Court nominee Neil Gorsuch, he has made strong inroads among Christian conservatives.

But Trump needs to deepen his knowledge and broaden his interest in religious liberty.

When he talks about religious liberty, he almost always brings up the sole issue of the Johnson Amendment.

The Johnson Amendment is a 1954 law that prohibits religious organizations from participating in "any political campaign on behalf of or in opposition to any candidate for public office." Trump wants to scrap that, and congressional Republicans have a bill to do it.

Great. Freedom of speech is crucial. Passing and signing the Free Speech Fairness Act, a bill sponsored by Sen. Jim Lankford to repeal the Johnson Act, would be great.

But Trump needs to look wider at religious liberty, which was for years under attack by President Obama, and recognize that it is a far-reaching matter of conscience that extends to all manner of issues at the nexus of public and private life.

St. Augustine once wrote of a hypothetical man sentenced to death. "What does it really matter to a man whose days are numbered what government he must obey," Augustine asked, "so long as he is not compelled to act against God or his conscience?"

This is where the crisis is for the faithful in America today. Trump owes it to the religious conservatives who elected him to enter this fight.

The Obama administration tried to force Hobby Lobby's owners to pay for employees' morning-after birth control, which may function as abortifacients. They also fought the Little Sisters of the Poor to force the nuns to pay for birth control for convent staff. Obama's Equal Employment Opportunity Commission has gone after a Catholic School that fired a gay teacher after he married another man.

Also from the Washington Examiner

Lawmakers race against a 60-day clock to repeal a slew of Obama administration regulations.

02/05/17 12:01 AM

Recently the ACLU sued Catholic hospitals in an effort to force them to perform abortions.

Wedding photographers, bakers and florists have all come under fire by state governments for not facilitating gay weddings.

These are cases where people were forced to choose between the law and a conscientious wish to follow the precepts of their faith. The Obama administration proposed the novel view that First Amendment protections of a person's free exercise of religion ceased the moment he or she entered into commerce.

Obama went out of his way to restrict the First Amendment, speaking regularly of the "freedom of worship," rather than to what the amendment actually refers to, which is the "free exercise of religion." In other words, he tried to pen religious liberty in so it could be exercised only on the Sabbath.

These are the threats to religious liberty that Trump needs to assault first. He needs to protect the conscience rights of believers.

Also from the Washington Examiner

Republicans are pushing back on claims that they are softening their language about Obamacare's future.

02/05/17 12:00 AM

He could start by making it clear that the Obama administration's view of the First Amendment was pusillanimous and he does not accept it. The freedom of worship is just a small part of the free exercise of religion.

Trump has a good role model in Judge Neil Gorsuch, his nominee for Supreme Court. In one of his many rulings, Gorsuch quoted court precedent to say, "The 'exercise of religion' often involves not only belief and profession but the performance of (or abstention from) physical acts."

Importantly, Gorsuch's rulings don't only include Christians, but also have covered Muslims and Native Americans.

Trump could also get to work undoing Obama's birth control mandate, a gratuitous culture-war assault on conscience. The president could make it clear across the executive branch that holding a traditional view of marriage is not bigotry, and those who hold these views thus don't deserve government prosecution or persecution.

Fights over the Johnson Amendment are worthwhile, but secondary, because politics are secondary. For the religious, the things of the world are nothing compared to the eternal. That means the most important thing Trump can do for those millions of Americans for who religious faith is pre-eminently important, is to make sure government isn't coercing them to do what God forbids.

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Original post:
How Trump can sure up the First Amendment - Washington Examiner

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for redress of grievances."First Amendment, U.S. Constitution

In the first two weeks of the Trump administration, the President or his staff have taken actions against, or complained about, the expression of each part of the first amendment. It's like they've never even read it.

Police departments in large cities have had to deal with protest crowds for years, and most of them, most of the time, do fairly well. Now, in the Trump era, departments in even small towns have had to engage in a crash course in how to respond. Most of them are also doing fairly well in respecting their citizen's first amendment rights. Visalia held a protest recently, where organizers expected maybe 80 or 100 people to show up. Imagine everyone's surprise, especially the Visalia Police Department's, when an estimated 500 were on hand to express themselves. VPD must have done a good job, we've not heard of any issues arising from the peaceful protest. (a lot of nonsense on Facebook about it, but that doesn't really count)

I think the protests are the only good thing I've seen happen as a result of Trump winning the Presidency. He's reminded the American people of their basic civil duty, and their right to engage in defending their country. I doubt he thought it would be in response to his actions (or just his presence), though.

We're going to be seeing a lot of this kind of thing in the future. I have no doubt that instigators will try to inflame things by engaging in violence and destruction (as we saw in Berkeley), and of course the Fox News and Breitbarts of the country will try to lay the blame on liberals and liberalism. They'll ignore hundreds of peaceful demonstrations, and focus on the few outliers. After all, that's how they drive their ratings and page clicks. I have no doubt that Robert Reich was correct when he stated on CNN that outside agitators invaded the Berkeley protests, set fires and broke windows, and that they are linked to right-wing organizations. Peaceful protests don't suit their agenda, so it's not unexpected that things like that happen.

I expect more events like Berkeley will happen, as the right wing begins to recognize how badly they're losing the hearts and minds of the public.

To qoute Scotty: "Hold on tight, lassie. It gets bumpy from here."

And since my recent posts have generated a lot of uniformed commentary on the Visalia Times Delta's Facebook page, here some important information:

This is not an "article". I am not a journalist. I am not employed by the Visalia Times Delta, and they do not edit or censor or otherwise control, my posts.

I am a "community blogger" and my blog is hosted at the Visalia Times Delta's page, on Gannett's servers. If you want to become a community blogger, contact the Times Delta. This has been available to the public for several years. Take advantage of it, it's fun!

First Amendment quote and image from

US Courts.gov

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1st Amendment - Visalia Times-Delta