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First Amendment rights U.S. Constitution

Chalk One Up for Equal Treatment

“The government may not enforce the laws in a manner that picks winners and losers in public debates,” ruled Judge Neomi Rao. 

This, in response to a case where anti-abortion protesters were arrested for chalking the words “Black Pre-born Lives Matter” on a Washington, D.C., street back in 2020.

Emma Camp makes clear, in her Reason coverage of the ruling, that the case is not as simple as it may sound in the headlines. “While writing chalk messages on public streets and sidewalks is considered vandalism in D.C., protest leaders had an earlier conversation with a police officer in which he ‘explained that he believed Mayor Bowser had effectively opened up the District’s streets for political markings.’”

Nevertheless, during the protest, “police told demonstrators that they would be arrested if they painted or chalked any messages.” Two individuals in the pro-life protest defied police order and scribbled their message in chalk.

It’s actually a bigger issue than just an altercation during a protest. The police in D.C. had not merely looked the other way, allowing helter-skelter displays of “Black Lives Matter” graffiti, but the city government had actually gotten in on the act and messaged “Black Lives Matter” on the streets itself — in bold paint.

This obviously sends a message to disagreeing citizens: we are on this side, not that.

As Judge Rao insists, “The government may not play favorites in a public forum — permitting some messages and prohibiting others.”

She interprets this injunction as pertaining to the First Amendment, but it goes much deeper than that, reaching to the core idea of a rule of law, and equality of treatment under it.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment ideological culture

After Anarchy, Sue!

In 2020, in Seattle, Washington, “anarchists” took over a section of the Capitol Hill district and set up their own ersatz government, first called Capitol Hill Autonomous Zone (CHAZ) and then, confusingly, Capitol Hill Occupied Protest (CHOP). At the crime scene, which went on for weeks during what Seattle’s mayor called “The Summer of Love,” the anarchistic element was always a bit hard to figure, but the Black Lives Matter (BLM) presence stuck in memory. 

Now it’s routinely considered a BLM event.

What it accomplished was a lot of violence and property loss. So Molly Moon’s Homemade Ice Cream, a shop in the center of the 10-block CHAZ/CHOP territory, is suing.

Not Black Lives Matter.

Which the owner, Molly Moon Neitzel, takes pains to say she still supports: “At Molly Moon’s we hold race equity at the top of our list of our priorities for how we want to make the world better. Black Lives Matter. The lawsuit filed on Wednesday, June 7 is not meant to undermine that important message,” Ms. Neitzel explained. 

She’s also not suing the individuals who organized and engaged in the insurrection/conquest, especially the 30 or so “protesters” eventually arrested.

The target? The City of Seattle.

Molly Moon demands compensation for revenue losses, of course, and the “team morale impacts we experienced during and for many months after CHOP caused by the City of Seattle’s decision to affirmatively create and assist the CHOP occupation of Capitol Hill, to abandon the police precinct and to stop responding to public safety needs in our beloved Capitol Hill community.”

In short: Blame the government for not protecting you from the criminals you support!

One might laugh were it not for all the violence that this very attitude excuses.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights

Bully for Your Thoughts

Professor William Jacobson, a Cornell Law School professor who also publishes the popular Legal Insurrection blog, got into trouble last summer by criticizing the violent Marxist organization Black Lives Matters.

BLM’s standard weapons include rioting, burning, looting, and screaming.

Jacobson had argued that the “Hands up, don’t shoot” version of the Michael Brown case is a lie and, in another post, that all the “bloodletting and wilding” around the country was primarily about tearing down the country, not about George Floyd.

These opinions upset the bullies.

Being a conservative professor on a liberal campus had all along made Jacobson feel like a “mouse waiting for the cat to pounce.” After 12 years at Cornell, though, the summer of 2020 was the first time that fellow Cornellians actively sought his ouster.

Six months later, we sure hope Professor Jacobson has managed to land on his feet. And he has. Back then, he was a professor at Cornell Law School. Today, he is a professor at Cornell Law school.

Why didn’t he seek friendlier pastures?

“I don’t see why I should be forced to change my life because they are so intolerant and they are so malicious,” he recently told The Daily Signal podcast. “Why don’t they leave? I’m not going to leave voluntarily. And if they do try to interfere in the renewal of my contract in a year and a half, I will take them to court over it.”

Bully for you, Professor. 

This is Common Sense. I’m Paul Jacob.


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ideological culture

Hairdo, Don’t

The name was dropped again the other day, Karen.

Not a proper name, though — it is a put-down, idiomatic and not inoffensive.  

Over at PJMedia, Bryan Preston used the term “Karen” good-naturedly (and with an *) in reporting on the “trained Marxists” at Black Lives Matter taking over a Trader Joe’s grocery store in Seattle to protest the, ahem, “lack of access to grocery stores” . . . because “capitalism exploits the working class.” 

Somehow I got stuck on Karen. 

“Karen is a pejorative term used in the United States and other English-speaking countries for a woman perceived as entitled or demanding beyond the scope of what is appropriate or necessary,” Wikipedia informs. “A common stereotype is that of a white woman who uses her privilege to demand her own way at the expense of others. Depictions also include demanding to ‘speak to the manager,’ anti-vaccination beliefs, being racist, or sporting a particular bob cut hairstyle.”**

Is it just me, or does “being racist” seem a lot worse than sporting an uncool haircut? When racism’s at issue, why not use the label “racist,” instead?

And isn’t there already another five-letter word for a female exhibiting the less extreme negative features?  

“Karens are most definitely white,” Helen Lewis assures in The Atlantic. “Let that ease your conscience if you were beginning to wonder whether the meme was, perhaps, a little bit sexist in identifying various universal negative behaviors and attributing them exclusively to women.”

Apparently it is not okay to mock women . . . but thank goodness we can still mock women who have white skin! 

And a specific hairdo!

Land of the Free, Home of the Trash-Talkers.

This is Common Sense. I’m Paul Jacob.


* Preston’s footnote read: “with all due respect to the Karens I’ve known, all of whom are nothing like the stereotype of Karens as busybodies who leap to complain and always end up running authoritarian regimes such as HOAs.” 

** The Urban Dictionary also does not fail to mention that “crown bowl haircut.”

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crime and punishment ideological culture

Down Among the Non Sequiturs

There is a rule in respectable writing, particularly academic: don’t quote “down.”

This means that academics don’t cite newsletter writers as authorities, scientists don’t consult table-rappers as purveyors of relevant data, politicians don’t quote tweets.

But of course that’s all changed now, thanks to Trump.

Which perhaps excuses me to deal with a simple Facebook “meme” that I’ve seen shared around among progressives. It’s a deceptively simple question; the point in criticizing it is not to castigate the person who first posed it.

Here it is: “Why is murder an appropriate response to property damage, but property damage isn’t an appropriate response to murder?”

I confess: this really startled me. Not because it is hard to answer, but because what it says about discourse in our time.  

Note what is obviously wrong with it:

1. Murder is not an apt response to anything, for murder is unlawful and/or immoral killing. The premise is absurd.

2. Some people do indeed kill rioters and others who are attacking them or their property. This can be justified because self-defense is the basis of all our rights, and a violent attack doesn’t just fit into neat little “I’m only destroying your property” box. 

3. The proper response to murder, after the fact of some violent moment, is lawful arrest and trial, not killing. Self-defense is for moments of conflict. Some time after an illegal act? Then we proceed by the rule of law.

Of course, this little thought experiment was designed to justify riots.

It does not.

It justifies, really, only this episode of

Common Sense. I’m Paul Jacob.


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First Amendment rights

Protest Hits the Pavement

Social justice activists and Washington D.C. city officials have collaborated to paint the slogan “Black Lives Matter” on 16th Street near the White House. 

The city has also allowed the words “Defund the Police” to be painted on the street.

Does this mean that the roadways of our nation’s capital city are now a public forum accessible to anyone who files the proper forms?

So far, doesn’t look like it. 

So Judicial Watch (JW) is suing for the right to paint its own motto, “Because No One is Above the Law,” on a DC street. JW went to court because its applications to perform a similar paint job have fallen on deaf ears.

It contends that its First Amendment right of freedom of speech is being violated.

“We have been patient,” Judicial Watch says. “We also have been flexible. We have stated our willingness to paint our motto at a different location if street closure is necessary and the city is unwilling to close our chosen location. All we ask is that we be afforded the same opportunity to paint our message on a DC street that has been afforded the painters on 16th Street.”

I can’t wait until all this gets cleared up. I suppose it’ll be one or two paint jobs per applicant. 

ThisisCommonSense.org” has a nice ring to it, eh? 

Something about “unalienable rights [to] Life, Liberty, and the pursuit of Happiness” would also be a great message, assuming it’s still legal to quote the Founders whose legacy we celebrated over the weekend.

This is Common Sense. I’m Paul Jacob.


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