Gadsden flag kid sues school and its officials for violating his first amendment rights

Jaiden and school official
Jaiden Rodriguez reacting with bemused
disbelief by the ignorance of the school
official behind him. Click to watch the video

In August 2023 the Vanguard School in Colorado Springs demanded that 12-year-old Jaiden Rodriguez remove patches on his daypack showing the Gadsden flag as well as some funny Pac-men holding guns or he would be banned from classes. Jaiden refused, and the resulting uproar — forcing the cancellation of a scheduled parents night — caused school officials to quickly back down and give Jaiden permission to attend classes with the daypack and Gadsden flag patch.

For the school the most embarassing part of the story was how it illustrated the total ignorance of school officials about American history as well as the First Amendment. School officials, who are supposed to teach history to their students, knew less about American history than Jaiden. They falsely claimed that the Gadsen flag had “its origins in slavery and the slave trade,” when it was actually created during the American Revolution as a symbol against tyranny. In addition, they ignorantly claimed they had the right to censor Jaiden, simply because his patches “might” offend some students, when the Supreme Court has consistently ruled for more than a half century that they did not have that right.

The uproar caused the school’s board of directors to issue a retraction, though they did not waive the ban on the armed Pac-men patches. Moreover:
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Today’s blacklisted American: Anti-religion group insists college football coaches have no 1st amendment rights

Freedom from Religion Foundation: hostile to freedom

They’re coming for you next: To get an idea the level of intolerance that now pervades America, one need only review the effort of the Freedom from Religion Foundation (FFRF) to deny all first amendment religious rights to anyone who happens to work for a public university or institution.

Repeatedly FFRF takes legal action to gag any religious expression by public employees, regardless of whether they do it at work or on their own personal time. In the past, there might have been some valid arguments or situations where it was inappropriate for a public employee to push his or her religious beliefs, but nowadays organizations like FFRF define any religious activity by such employees, at any time, to be illegal and a violation of the so-called “separation of church and state” claimed by them to be the purpose behind the first amendment, when its real purpose has always been to make sure all citizens will be free to express their opinions and personal religion without government intervention.

In January, FFRF attempted to silence Deon Sanders, the football coach at the University of Colorado, because he repeatedly expressed his Christian faith in public, and asked his players to participate. According to its January letter to the University of Colorado [pdf], the University must gag Sanders.
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Pushback: Gestapo police chief who raided Kansas newspaper in August suspended

Police Chief Gideon Cody, proud to emulate Nazi tactics
Police Chief Gideon Cody, proud to emulate
Nazi tactics

They’re coming for you next: For his part of a Gestapo-like raid in August of the town’s newspaper, the police chief of the town of Marion in Kansas, Gideon Cody, was suspended from his job on September 30, 2023 by the town’s mayor, Dave Mayfield.

Cody’s suspension is a reversal for the mayor, who previously said he would wait for results from a state police investigation before taking action. Vice-Mayor Ruth Herbel, whose home was also raided Aug. 11, praised Cody’s suspension as “the best thing that can happen to Marion right now” as the central Kansas town of about 1,900 people struggles to move forward under the national spotlight.

At the moment is not clear whether Cody’s suspension is with or without pay.

This is a followup on a previous blacklist column, posted in August when that raid occurred. The raid, which not only included the newspaper’s offices but the homes the town’s vice mayor, the newspaper’s 98-year-old owner, Joan Meyer (resulting in her death the next day from a heart attack), and one reporter.

As noted then, the raid was uncalled for on numerous levels. » Read more

Real pushback: School district immediately cancels ban on prayer when threatened with lawsuit

The First Amendment, becoming accepted once again
The First Amendment, becoming accepted once again

Bring a gun to a knife fight: When the officials at West Shore School District in Pennsylvania sent out a letter to the presidents of the various booster clubs at its schools ordering them to “halt prayers at future banquets, and at any other school-sponsored activity” and claiming falsely that “student-initiated prayers at school events are illegal,” two non-profit free speech legal firms, First Liberty and the Independence Law Center teamed up to immediately send a letter to the district challenging that order:

First Liberty and our friends at the Independence Law Center quickly sent a letter to district officials asking them to immediately rescind that threatening letter. Our legal team offered to help draft a new letter and policies to ensure the district would not illegally discriminate against students and staff.

We explained in our letter that the First Amendment prohibits a school district from acting in a hostile manner toward religious belief.

To my readers this story is familiar. What has normally happened next in the past few years — since censorship and blacklisting has become all the rage by those in power — is that the government officials either ignore the letter or publicly defy it. Sometimes they double down and actually fire someone for exercising their First Amendment rights. What follows next is of course a lawsuit, which almost routinely ends in a crushing defeat for the school that costs it significantly in damages.

This story however ended quite differently:
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Pushback: Court rules against East Lansing’s attempt to blacklist Christian for following his beliefs

Country Mills Farms-banned!
The Tennes are a normal family! We must blacklist them!

They’re coming for you next: Today’s blacklist story is a follow-up on a August 2021 post, and is a victory, of a sort. As I reported then, after farmer Steve Tennes (shown to the right with his family) made the egregious error of stating his strongly held Christian belief that marriage is for a man and a woman only, and he would only rent his farm for such marriages, and not same-sex marriages, the city government of East Lansing decided to specifically write rules that would ban his farm from participating in its local farmer’s market.

The ban against their business, Country Mill Farms, was begun in 2016. Though a court quickly ruled that it was unconstitutional, the city renewed the ban in 2018 and has maintained it since, claiming the court’s ruling only applied to the 2017 season.

The logic of the East Lansing government is actually quite blatent: It believes it has the right to dictate what others can or cannot say in public, the first amendment be damned.

The city’s new rules quite clearly stated it was illegal for anyone to “make a statement which indicates that an individual’s patronage or presence at a place of public accommodation is unwelcome or unacceptable because of sexual orientation, gender identity, or expression.” You essentially had to agree to its queer agenda policies in all things, even if you were not in East Lansing or were doing business in a farm many miles away. And you better not express any dissent to those policies either!
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Today’s blacklisted American: California city harasses Rabbi for having guests over for dinner

Beverly Hills: Where Jews are forbidden to pray
Beverly Hills: Where Jews are forbidden to pray

They’re coming for you next: The headline above is literally true, though you need to know a bit about Judaism, especially Orthodox Judaism, to understand what I mean exactly.

The story is this: Because Rabbi Levi Illulian, like all Orthodox Jews, routinely invites friends and acquaintances to join his family for Friday night dinner and Saturday lunch at his home during the weekly Saturday Sabbath, officials in Beverly Hills in California sent him a “notice of violation” on June 12, 2023, telling him that these dinners must cease, and ordered him to “terminate all religious activities” that included any “non-residents.” It also threatened him with civil and criminal proceedings if he didn’t stop praying with friends in his home.

It appears that the city’s actions were instigated by the complaints of one unnamed neighbor. As described in the letter [pdf] sent by Illulian’s lawyers to the city in response to its notice of violation, after receiving those two complaints in February and March about parking, trash, and noise, the city instituted an investigation that involved stake-outs of Illulian’s home and the use of drones over his property (without a warrant) in which city officials “not only tallied the number of individuals and cars coming and going from the Home, but also photographed Rabbi Illulian’s guests.”
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Black diversity administrator fired for demanding color-blind policies files lawsuit against university

Tabia Lee
Tabia Lee

Bring a gun to a knife fight: As I reported in March, Tabia Lee was fired as faculty director for the Office of Equity, Social Justice, and Education [OESE] at De Anza College in California when she repeatedly demanded historical accuracy and color-blind policies from both her department and the rest of the college. Here is just one example of what she was trying to do and the opposition she faced:

Lee found herself constantly harassed and slandered because she tried to bring to her work an even-handed philosophy that attempted to deal with the problems of racial conflict fairly. For example, when Jewish students and faculty members told her they had experienced anti-Semitism on campus, Lee tried to organize a campus event to discuss the problem.

Instead, she said, coworkers told her the event wasn’t important and that Jewish people are white oppressors.

…Her career at De Anza College ended when her tenure was denied because the college claimed she had an “inability to demonstrate cooperation in working with colleagues and staff” and an “unwillingness to accept constructive criticism.” This was followed by a vote by the college administration to dismiss her the end of this academic year.

Lee has now filed suit challenging her firing. You can read her complaint here.
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Pushback: City in Georgia forced to rescind a law that required permits for any protest


“Terrorist” Jerry Gray holding his terrible sign

Bring a gun to a knife fight: After veteran Jeff Gray was issued a citation and fined for standing in front of the city hall of Blackshear, Georgia, with a sign that said “God Bless the Homeless Vets,” he sued, hiring the Foundation for Individual Rights and Expression (FIRE) to represent him.

In Blackshear, Police Chief Chris Wright approached Gray and informed him of a city ordinance requiring citizens to obtain a government permit for a “parade, procession, or demonstration” if they wanted to hold a sign outside city hall. Although Wright said it was “kind of silly,” he explained that the ordinance — nearly identical to one struck down by the Supreme Court in 1969 — meant that Gray would need to send a letter to Blackshear’s mayor and city council explaining the purpose of his one-person demonstration and obtain the council’s approval. Gray was issued a criminal citation, which was later dismissed.

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Democrats now favor oppression and censorship by almost 3 to 1

Key result from Pew survey
Click for original image.

Blacklists are back and the Democrats have got ’em: A poll released this week by the Pew Research Center has starkly revealed the dark oppressive mentality that now dominates supporters of the Democratic Party, and makes possible the enthusiasm for blacklisting and censorship by its leadership.

The graph to the right shows the big take-away from the poll, as indicated by the arrows and the red box. Democrats now favor censorship by 70 to 28 percent, a major rise since 2018, when their attitude towards free speech was almost identical to Republicans. Since then, while Republican support for the First Amendment and freedom has remained largely stable and strong, Democrats have almost entirely abandoned these American ideals. As Pew notes:

There was virtually no difference between the parties in 2018, but the share of Democrats who support government intervention has grown from 40% in 2018 to 70% in 2023, while the share of Republicans who hold this view hasn’t changed much.

There is a similar gap between the shares of Democrats and Republicans who say technology companies should restrict false information online. A large majority of Democrats and Democratic leaners (81%) support technology companies taking such steps, while about half of Republicans (48%) say the same. The share of Democrats who support technology companies taking these steps has also increased steadily since 2018.

These partisan gaps persist when it comes to restricting extremely violent content online. Democrats are more likely than Republicans to say that the U.S. government (71% vs. 48%, respectively) and tech companies (83% vs. 61%) should take steps to restrict violent content online even if it limits freedom of information.

I must add that this is not a poll of the politicians of the Democratic Party. It is a poll of that party’s supporters, its rank and file, its grass roots. And though the poll showed a rise in the willingness to censor across all age groups, the cause of that rise is clearly coming from Democrats. As noted by Alex Berenson,
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Pushback: Federal judge confirms and shuts down censorship campaign of Biden administration

The Bill of Rights, cancelled
Cancelled by the Democratic Party led by Joe Biden

Blacklists are back and the Democrats have got “em: On July 4th (an appropriate date), Terry Doughty, chief U.S. district judge of the United States District Court for the Western District of Louisiana, ruled that the evidence clearly showed that the Biden administration, in league with most big social media companies, had been running an aggressive censorship operation against conservatives for the past two-plus years, and issued an injunction banning “numerous top Biden administration officials and agencies from communicating and meeting with social media companies.”

You can read Doughty’s ruling here [pdf]. I strongly urge you to do so, as he is harshly blunt about the ugly actions of the Democrats running the federal government since 2021. His introduction sets the tone, beginning with this quote, “I may disapprove of what you say, but I would defend to the death your right to say it,” and then getting more blunt from there:

This case is about the Free Speech Clause in the First Amendment to the United States Constitution. The explosion of social-media platforms has resulted in unique free speech issues—this is especially true in light of the COVID-19 pandemic. If the allegations made by Plaintiffs are true, the present case arguably involves the most massive attack against free speech in United States’ history. In their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment’s right to free speech. [emphasis mine]

In his detailed review of the history, he begins by listing the number of examples of this attack against free speech by the Biden administration:
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In Pennsylvania Democratic Party politicians just proved their fascist anti-first amendment beliefs

How the modern Democratic Party has evolved madly to the left
How the modern Democratic Party has evolved madly to the left

When the parental rights organization Moms for Liberty arranged to have their annual 2023 summit in the Museum of the American Revolution in Philadelphia beginning today, six Democrats from the Pennsylvania state senate immediately proved to the world that Democrats no longer believe in free speech, and in fact make their number one principle oppression and censorship, by writing a joint letter demanding the museum cancel the event.

These Democrats also proved that their method for silencing also includes routine slanders and libels, based on zero evidence. As their letter concluded:

“The museum’s leadership has demonstrated a lack of judgment in agreeing to host a hate group. Fortunately, the mistake can be fixed with a simple and elegant solution: cancel the Moms for Liberty event scheduled for June 29. We look forward to your prompt actions,”

The letter also implied Moms for Liberty was associated with white supremacy, and used as its only evidence for these slanders the fact that the leftist Southern Poverty Law Center (SPLC) decided to add Moms to its hate list, a list that has been repeatedly proven to simply rank any opponent of the Democratic Party a “hater”, essentially for opposing the Democratic Party.

The Museum rejected this dictatorial demand most heartily.
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Today’s blacklisted American: Anyone who dares to criticize the left at Bakersfield College

Professor Daymon Johnson
Professor Daymon Johnson

They’re coming for you next: Though this story begins with an announced lawsuit by professor Daymon Johnson against Bakersfield College in California for repeatedly threatening him and his colleagues whenever they dared to write or say anything that dissents from the university’s decidedly Marxist and leftist ideology, this story really is about blacklisting and the desire of the academic left to silence all dissent, by any means necessary.

The left is made up of close-minded thugs and goons, and if you think I am overstating the case, then read the opening words from Johnson’s lawsuit [pdf], filed by the Institute for Free Speech and quoting John Corkins, one of the trustees of the Kern Community College Board of Trustees that controls Bakersfield:

“They’re in that five percent that we have to continue to cull. Got them in my livestock operation and that’s why we put a rope on some of them and take them to the slaughterhouse. That’s a fact of life with human nature and so forth, I don’t know how to say it any clearer.”

The five percent that Defendant John Corkins referred to are faculty of Bakersfield College. They must be slaughtered, so to speak, for transgressions including the writing of op-eds in the local newspaper, appearances on radio programs, and the failure to censor their colleagues’ Facebook posts, all in opposition to the school’s official ideology. The first “cullee,” Professor Matthew Garrett, has just been fired for these forms of pure political speech. [emphasis mine]

When Corkins made this ugly statement as board of trustees meeting, likening college professors with whom he disagrees to cattle that have to be taken to slaughter, one trustee, Nan Gomez-Heitzeberg, “chuckled heartily at the suggestion. Others smiled.” No one objected to this vicious suggestion. [Watch the video here.]

As I said, thugs and goons, quite eager to commit genocide if they don’t get their way in all things.

The lawsuit describes in painful detail the effort at Bakersfield College to harass and destroy any dissenters, including firing a different professor, Matthew Garrett, for simply expressing his opinion, while accusing him of being a racist without any evidence.
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Pushback: California loses big for trying to force churches to violate their religious beliefs

Mary Watanaba, head oppressor in California's health system
Mary Watanaba, head oppressor
in California’s health system

They’re coming for you next: After California health authorities in 2014 imposed a mandate requiring requiring churches to provide elective abortion coverage to its employees, four churches sued, and after a long court battle, have now won a $1.4 million settlement.

Alliance Defending Freedom [ADF] attorneys represent Skyline Wesleyan Church, located in the San Diego area, in one federal lawsuit, and Foothill Church in Glendora, Calvary Chapel Chino Hills in Chino, and The Shepherd of the Hills Church in Porter Ranch in another. Both lawsuits challenged California’s abortion-coverage mandate. In both cases, the courts ruled that the U.S. Constitution protects the churches’ freedom to operate according to their religious beliefs, which include their belief in the sanctity of unborn lives.

The rulings in both lawsuits (here and here [pdfs]) not only release the churches from the illegal abortion mandate, they both require payments to ADF and the church’s local attorneys to pay all legal costs. Interesting, in both lawsuits Mary Watanabe, the director of the California Department of Managed Health Care (DMHC) was named, and in one case she was the only defendant. Unfortunately, she walks away unharmed, because DMHC will pay for everything, out of tax dollars.

What made the mandate especially egregious is that it was written in league with officials at Planned Parenthood and the ACLU, as shown by emails [pdf] between DMHC and those officials. » Read more

Pushback: Smithsonian ordered to no longer violate the First Amendment

The evil hat that Air & Space banned
The evil hat that Air & Space officials banned

Pushback: The Smithsonian Institution, which runs the Air & Space museum as well as other museums in Washington, D.C., has been ordered by the courts to stop violating the First Amendment, as it did when on January 20, 2023 it harassed and ejected students from a pro-life group, there as part of their participation in the annual March for Life demonstration, because they were wearing wool caps that said “pro-life” on them.

According to the consent order [pdf], the Smithsonian expressed “regret” for the event and promised to “remind all security officers stationed at NASM [National Air & Space Museum] of the rights of visitors.”

The order however does not simply accept the museum’s expression of regret. It specifically enjoins the Smithsonian and its employees “from prohibiting visitors to the Smithsonian’s National Air and Space Museum from wearing hats or other clothing with messages, including religious and political speech” and requires it to distribute the consent order to “all security officers stationed at NASM, as well as other Smithsonian personnel who interact with the public, including volunteers and museum staff, within 7 days.” It also orders the museum to tell its security officers that their behavior on January 20th was wrong.
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The sad state of free speech in America illustrated by three top universities

Cancelling the Bill of Rights

Events in the last two weeks at three of America’s top universities, Stanford, Cornell, and Yale, have illustrated starkly how many young Americans and their teachers now either support censorship and violence against dissenters, or are too cowardly to defend the rights of Americans when their free speech rights are attacked.

At the Stanford Law School a 5th Circuit Judge, Stuart Kyle Duncan, was shouted down and then lectured by a dean at the school for daring to have opinions she disagreed with. Stanford officials have issued a weak apology, but have done nothing concrete to discipline anyone for enforcing a heckler’s veto at the school.

At Cornell, the promise of university officials to punish students who participated in a protest that shouted down Ann Coulter has apparently been put aside once the heat died down.

Cornell University’s media team has not responded to multiple inquiries in the past months on possible punishments for the student activists. The College Fix also emailed communications director Rebecca Valli on March 6 and asked for an update on investigations into the students involved and what Cornell planned to do in the future to prevent similar problems.

The silence comes despite an initial strong statement from university leadership that criticized the Nov. 9 disruption.

Finally, officials at Yale Law School have attempted to fix things after being badly embarrassed by a similar violent protest in March 2022, when students shouted down Kristen Waggoner, the president of the non-profit law firm the Alliance Defending Freedom (ADF). » Read more

America’s blacklist culture: Republican in Florida proposes bill to regulate speech

Jason Brodeur: Republican politician in love with restricting free speech
Jason Brodeur: Republican politician in love with
restricting free speech

They’re coming for you next: The desire of people in our culture today to control and regulate the behavior of everyone else is not a partisan thing. Though the Democrats and their leftist allies have certainly led the way in blacklisting, censoring, and destroying anyone who disagrees with them, Republican politicians are just as likely to try to use their power to squelch opposition, and should never be trusted either.

Today we have a perfect example of this non-partisan lust for power. On March 7, 2023, Florida Republican state senator Jason Brodeur introduced a bill that would amend state law to require all websites to register with the government if they made any money reporting on government actions.

You can read the bill here. The underlined portions are the sections that Brodeur wishes to add to the law. The key paragraphs state the following:
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Today’s blacklisted American: Professor sues University of Texas for threatening his job because he criticized it publicly

University of Texas at Austin to Professor Richard Lowery:
University of Texas at Austin to Professor Richard Lowery:
“Nice job you got here. Shame if something happened to it.”

They’re coming for you next: Professor Richard Lowery is now suing the University of Texas at Austin (UT-Austin) for its attempts to silence him, including threatening his job, cutting his pay, and monitoring his speech, actions instigated against Lowery because he was publicly critical of the university’s racist “diversity, equity, and inclusion” policies as well as the university’s efforts, led by its president Jay Hartzell, to insert political propaganda into its courses.

Lowery is being represented by the Institute for Free Speech, which filed his lawsuit [pdf] on February 8, 2023.

The campaign [against Lowery and his allies at the university] started by pressuring Carlos Carvalho, another professor of business at the UT McCombs School who is also the Executive Director of the Salem Center for Public Policy, an academic institute that is part of the McCombs School. Lowery is an Associate Director and a Senior Scholar at the Salem Center and reports to Carvalho.
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Today’s blacklisted Americans: Religious pro-lifers prevented from viewing Bill of Rights because National Archives forbids free speech

The evil hat that Air & Space banned
An example of the evil pro-life clothing
banned by the National Archives

They’re coming for you next: Students and parents and others who had just attended the January 20, 2023 March for Life event in Washington were told by numerous National Archives security officials that day that they must remove or cover any pro-life shirts, jackets, hats, or buttons or they would be ejected from the museum.

From the lawsuit [pdf] filed by three of those pro-life individuals:

Plaintiff L.R., her mother, and her fellow classmates [about 35 people] were ushered through security and into the first group of visitors to enter the Rotunda where the Constitution and Bill of Rights are on exhibit.

…Approximately five minutes later, Plaintiff L.R. and her fellow classmates were suddenly approached by Defendant John Doe 1 who instructed Plaintiff L.R. and her classmates to remove all pro-life attire. John Doe 1 specifically instructed Plaintiff L.R. that she could not be wearing anything pro-life and that she must cover her shirt and not unzip it until she had left the National Archives. John Doe 1 also instructed Plaintiff L.R. and her other classmates to remove their pro-life buttons. John Doe 1 made other classmates standing near Plaintiff L.R. remove their pro-life hats. One such hat contained the inscription, “LIFE always WINS.” Another hat contained the inscription, “ProLife.” Plaintiff L.R. witnessed another guard participate in these instructions to her classmates and at no time did any of the other guards in the Rotunda intercede and provide contrary instruction.
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A real blacklist designed to choke ad profits from conservative and legitimate news organizations

Blacklisted conservative news outlets
Conservative news outlets blacklisted by Microsoft’s Xandr,
based on advice from GDI

They’re coming for you next: Using American federal funds, a British “disinformation” group called the Global Disinformation Index (GDI) has created a real blacklist of valid and longstanding conservative news organizations and fed that list to internet ad companies to encourage them to cut ad revenue from those news organizations.

A sampling of the blacklisted news companies that have actually been punished financially by this effort is shown to the right

Of the ad companies, a Microsoft company named Xander appears to be the most enthusiastic about using GDI’s blacklist to choke ad sales to conservatives sites.

GDI’s “dynamic exclusion list” includes at least 2,000 domains, many of which are “foreign state-sponsored news and opinion sites, forums that traffic in disinformation, and explicitly sanctioned websites,” according to a second source close to Microsoft. Each month, GDI sends Xandr a list of websites on this blacklist, said the source.

The Washington Examiner revealed on Thursday that it is on GDI’s list and spoke to an ad-buying source who said Breitbart News is also. Separately, GDI has said that the 10 “riskiest” news outlets for purported disinformation are the American Spectator, Newsmax, the Federalist, the American Conservative, One America News Network, the Blaze, the Daily Wire, RealClearPolitics, Reason, and the New York Post.

All those news outlets are legitimate, well established, and reasonable and reliable sources of information. No one should rely solely on them for their news, but to call their reporting “false,” “misleading,” “hate speech,” “reprehensible,” or “offensive” merely because they publish news from a conservative perspective is fundamentally dishonest. To then blacklist them because they have a different perspective is pure censorship by the left against its political opponents.

That the blacklist is definitely partisan is proven by the news outlets GDI has determined are acceptable.
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Today’s blacklisted American: Previously blacklisted Oregon professor sues university for being further blacklisted because he tweeted “all men are created equal.”

Bruce Gilley
Bruce Gilley of Portland State University

They’re coming for you next: Professor Bruce Gilley of Portland State University in Oregon, who previously had a peer-reviewed paper on colonialism withdrawn from publication because of death threats, has now sued the university because the former communication manager for its Division of Equity and Inclusion blocked him from an internal college Twitter discussion group because he had the nerve to tweet “all men are created equal.”

You can read his lawsuit complaint here [pdf]. Gilley not only sued the university’s Division of Equity and Inclusion, he also sued directly Tova Stabin, the communications manager who blocked him.

What makes the case interesting is that the day after he filed his lawsuit, the university unblocked him and its lawyer sent him an apologetic letter. Here is part of that letter, as quoted in the lawsuit complaint:
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Today’s blacklisted Americans: Catholic students kicked out of Air & Space museum for wearing pro-life hats

The evil hat that Air & Space banned
The evil hat that Air & Space officials banned

They’re coming for you next: A dozen Catholic students, having just attended the March for Life event on January 20, 2023 in Washington, found themselves being chased from the Smithsonian Air & Space Museum because they were all wearing hats with a pro-life message.

According to their lawyer,

Once in the museum, they were accosted several times and told they would be forced to leave unless they removed their pro-life hats. The group all wore the same blue hat that simply said, “Rosary PRO-LIFE.” Other individuals in the museum were wearing hats of all kinds without issue.

The museum staff mocked the students, called them expletives, and made comments that the museum was a “neutral zone” where they could not express such statements. The employee who ultimately forced the students to leave the museum was rubbing his hands together in glee as they exited the building.

According to the students and their parents, the kids were all wearing the same hats in order to find each other in the crowds.

When asked by the press about this incident, the museum responded as follows:
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Today’s blacklisted American: Thin blue line banned on flags in Los Angeles and suburban Philadelphia

They’re coming for you next: Today’s blacklist story illustrates most starkly the intolerant and insane culture that is now taking over many Democratic Party-controlled regions of the United States. Government officials in both Los Angeles and the town of Springfield, a suburb of Philadelphia, have banned use of the American flag with a thin blue line that for years has been used to symbolized support of the police and those who have fallen in duty.

In both cases, the banning occurred because some leftists made unsubstantiated accusations that the line really represented “white supremacy” and thus is racist. No evidence of course was ever presented to prove those allegations, but who cares about evidence in this day and age? All that matters is that the accusation is made, and all must immediately kow-tow to it, even if it destroys the first amendment and the lives of many innocent people.

LA police chief Michael Moore
LA police chief Michael Moore

Now for the specifics. In Los Angeles the chief of the LA police department on January 13, 2023 banned the use of the flag after receiving one complaint.

The “Thin Blue Line” flag has been banned from Los Angeles Police Department lobbies along with all other public areas on police property following a complaint from one person who thought it signified support for “extremist” ideologies such as “those espoused by the Proud Boys,” according to the chief.

LAPD Chief Michel Moore sent an email to department personnel on Friday making the announcement to remove the flags, blaming “extremist groups” who have “hijacked the use” of the Thin Blue Line.

Moore was desperate to protect the sensitive feelings of that one person, even though no evidence at all was presented to prove the allegations, and the police union and its nearly 10,000 members were utterly opposed to his decision.
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Cornell confirms its plan to punish students for disrupting Coulter speech

The modern dark age: Only days after a speech by Ann Coulter on November 9, 2022 at Cornell University was disrupted by protesters, the president of Cornell University, Martha Pollack, apparently confirmed the university’s stated public intention to punish the students involved.

Pollack confirmed during a Nov. 15 assembly meeting that the students, who were warned and escorted from the event for preventing Coulter from speaking, would be referred to the Office of Student Conduct” who would then assign “punishments.”

“I will just be honest, I think this was a really stupid move,” Pollack said of the protest in an audio recording obtained by The Cornell Review. “Ann Coulter’s basically irrelevant at this point… and this is exactly what she wanted.”

If you click on the link to the audio recording and go to 18:22, you can hear the question and Pollack’s answer. It is very clear that both she and the questioner want to support free speech and wish to prevent future such disruptions from silencing speakers at Cornell. As Pollack states:
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Pushback: Court denies school principal immunity from lawsuit for squelching free speech

Caroline Garrett
Former school principal Caroline Garrett

Pushback: A federal appeals court last week ruled that Caroline Garrett, the former principal of Wy’east Middle School in Portland, Oregon, does not have immunity from a lawsuit by a teacher, Eric Dodge, whom she threatened to punish for bringing a MAGA hat to several training sessions.

At the first training session with 60 participants, “fewer than five people complained, including the first presenter who was not a District employee,” and all trainings were completed without incident, according to the court records. “Clinton, Reagan, and Trump appointees coming together to affirm the First Amendment,” lawyer Gregory Conley tweeted in response to the ruling, referring to the panel of judges.

According to the court’s official ruling [pdf], Garrett threatened to punish Dodge if he brought the hat into school again:
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Pushback: University eliminates “bias reporting” option that allowed any student to anonymously squelch dissent

An afterthought at Southern Utah University
An afterthought at Southern Utah University

Bring a gun to a knife fight: After receiving a threat of legal action [pdf] for violating the first amendment rights of its students, South Utah University (SUU) eliminated a “bias reporting” option on its website that allowed any student to anonymously squelch dissent, simply because he or she did not like what the other person said.

Southern Utah University (SUU) removed a tab from its campus safety website where students and officials could report alleged “bias” or “hate” incidents after the Southeastern Legal Foundation (SLF), a non-profit legal group, challenged that it violates students’ rights to free speech, SLF confirmed to the Daily Caller News Foundation.
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Pushback: Catholics sue Michigan for imposing queers and the queer agenda in religious schools

Repealed in Michigan
Doesn’t exist any longer in Michigan

Bring a gun to a knife fight: A century-old Catholic parish based in Grand Rapids, the Sacred Heart of Jesus Parish, is suing Michigan preemptively, anticipating that the state will soon require it to hire queers as well as teach the queer agenda in its school, based on the state’s very broad Civil Rights Act that forbids any discrimination based on sex.

The Michigan Supreme Court recently reinterpreted the prohibition on sex discrimination in Michigan’s Civil Rights Act and penal code to include sexual orientation and gender identity. That change requires Sacred Heart of Jesus Parish and its school, Sacred Heart Academy, to hire faculty and staff who lead lives in direct opposition to the Catholic faith, speak messages that violate Church doctrine, and refrain from articulating Catholic beliefs in teaching its students and when advertising the school to prospective students or job applicants.

Additionally, by preventing Sacred Heart from operating its school consistent with its beliefs, state officials are violating the rights of parents—including the three families who have joined the lawsuit—who specifically chose to send their children to Sacred Heart Academy because the school aligns with their values and religious beliefs.

You can read the lawsuit here [pdf]. It notes in detail the hostility to the Catholic Church by the Attorney General of Michigan, Democrat Dana Nessel, who appears eager to use the law to deny all Catholics their first amendment rights.
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Pushback: Blacklisting Virginia Tech soccer coach loses effort to get lawsuit dismissed

Kiersten Hening, blacklisted by Virginia Tech
Kiersten Hening

Bring a gun to a knife fight: Charles Adair, the soccer coach for the woman’s team at Virginia Tech, has lost in his effort to dismiss a lawsuit against him by former player, Kiersten Hening, who he blacklisted from playing because she refused to kneel in support of Black Lives Matter during the National Anthem before a game.

Hening filed a lawsuit against Virginia Tech and Coach Adair in 2021 but Virginia Tech immediately attempted to file a motion to have the suit tossed. The athlete stated that when she refused to take part in the kneeling, which at the time was a virtue signal statement indicating public support for the Black Lives Matter movement, Adair began to insult and demean her as well as limiting her time to play during matches.

According to [U.S. District Judge Thomas T. Cullen], “Hening, who had been a major on-field contributor for two years prior to the 2020 season, also asserts that Adair removed her from the starting lineup or the next two games and drastically reduced her playing time in those games because she had engaged in this protected First Amendment activity. As a result, Hening resigned from the team after the third game of the season.” [emphasis mine]

You can read Cullen’s full decision here [pdf].

Cullen’s decision is intriguing not only because he not only threw out Adair’s effort to get the lawsuit dismissed, he also threw out Adair’s claim that he deserves “qualified immunity” as a public official. » Read more

NOAA gives Maxar permission to photograph things in space

We’re here to help you! According to a Maxar press release today, it has obtained permission from the federal agency NOAA (initially created to study the weather) to use the company’s satellites to not only photograph things on Earth but things in space as well.

Maxar Technologies (NYSE:MAXR) (TSX:MAXR), provider of comprehensive space solutions and secure, precise, geospatial intelligence, today announced that the National Oceanic and Atmospheric Administration (NOAA) has modified Maxar’s remote sensing license to enable the non-Earth imaging (NEI) capability for its current constellation on orbit as well as its next-generation WorldView Legion satellites.

Through this new license authority, Maxar can collect and distribute images of space objects across the Low Earth Orbit (LEO)—the area ranging from 200 kilometers up to 1,000 kilometers in altitude—to both government and commercial customers. Maxar’s constellation is capable of imaging objects at less than 6 inch resolution at these altitudes, and it can also support tracking of objects across a much wider volume of space.

This new permit apparently will allow Maxar’s satellites to not only look down at the Earth, but look around and image other orbiting objects, for both the military and commercial customers.

My question however is this: By what legal authority does NOAA claim the right to regulate such activity? I can see none at all, yet like other regulatory agencies (such as the FCC) during this Biden administration, NOAA is grasping this illegal power, and companies like Maxar have decided it is better to go along to get along.

During the Trump administration NOAA tried to claim, without any legal authority, that it had the right to regulate all photography in space, and thus actually forced SpaceX during one Falcon 9 launch to cease public release of the imagery from its rocket.

Within three weeks Trump’s Commerce secretary, Wilbur Ross, stepped in bluntly to block NOAA’s power grab. As he said publicly, “This is silly and it will stop,”

Trump is gone however and the Biden administration is all in with letting government agencies expand their power. Though NOAA might have a some regulatory responsibility related to remote sensing in space, under no conditions can I see that responsibility giving it the right to tell any private American citizen or company what they can or cannot photograph.

I am of course assuming the first amendment to the Constitution is still in force. In today’s America it might not be.

Pushback: Court orders school board to stop censoring and banning parents

The Forsyth County School Board

Bring a gun to a knife fight: In a victory for free speech, a federal judge has ruled that the censorship and banning of some parents by the Forsyth County Board of Education in Georgia was unconstitutional, and must cease immediately.

This is a follow-up of a previous blacklist story from back in August, when those parents sued the board because it would not permit them to speak at board meetings during public comment about the pornography the board was allowing in schools.

Multiple district residents, including Mama Bears members and plaintiffs in the lawsuit Alison Hair and Cindy Martin, have used their time to read aloud from school library books they consider pornographic. Yet while these materials are available to kids in school, the Chair has cut off and banned speakers who read from them at Board meetings when he deems the language inappropriate or profane.
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Pushback: Doctors sue to kill California law making it illegal to disagree with government

What the Democrats want to repeal
What the Democrats want to repeal.

I think today’s blacklist story about a lawsuit by five California doctors against a state law that was passed by the Democrat-controlled state legislature and signed by Democrat governor Gavin Newsom, is a perfect blacklist story for today, election day.

Two years ago, at the beginning of the Biden administration, I noticed an immediate change in the behavior of Democratic Party politicians and their supporters. No longer were they whispering about their desire to silence their opponents. Suddenly they were open and aggressive about it, calling for blacklists and commissions, as Congresswoman Alexandria Ocasio-Cortez (D-NY) enthused, “…to figure out how we rein in our media environment so you can’t just spew disinformation and misinformation.” Here is what I suggested they do:

Hey, Alexandria, I’ve got the perfect name for your congressional commission. Why not call it the House Un-American Activities Committee? You could subpoena right-wing writers and journalists to testify against their will in Congress, demanding to know their party affiliations. You could also set up lists of these proven conservatives so that businesses nationwide can blacklist them and keep them from working.

As it turned out, the Democrats did exactly this, though their commission was instead named the January 6th commission, supposedly focused on punishing anyone involved in the entirely legal demonstrations that occurred in DC that day. At no time in the past two years has that commission, or Biden’s Department of Justice, showed the slightest interest in investigating actual political violence. No, instead, the goal has been to persecute ordinary people and slander entirely innocent politicians.

Nor has the Democratic Party’s campaign against free speech and personal liberty been limited to this commission. I started my blacklist column at that time because the number of examples of blacklisting, censorship, and abuse of power by the left, both in and out of that party and among its supporters, had become so numerous I realized if I reported every case as it happened, my website would be swamped. Instead, I decided to cover one per day, to make it clear how much these thugs were normalizing this goonlike behavior. After two years, that column now lists more than four hundred examples of blacklists and abuse of power, almost all of which were done by the Democratic Party or its supporters on the left.

The law under dispute in California is a perfect example. Passed in September, 2022, it forbids any doctor from saying anything the government doesn’t like, or face the loss of their medical license for “unprofessional conduct.” Below is the bill’s specific but very vague wording, designed to allow the government to punish almost all medical professionals for anything they might say or publish, merely because someone in the government disagrees with it:
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