Alejandrina Cabrera, Arizona, and English competence: Point of inquiry

It appears that after a substantial legal battle, Alejandrina Cabrera will not be allowed to run for the San Luis City Council because she is not sufficiently competent in English. In a video statement, she expresses her disappointment in the Hispanic mayor for suing her off the ballot in this nearly overwhelmingly Spanish-speaking city, and her lawyer argues that the standards set for competence in the English language are too vague to be enforceable.

However, the city's lawyer defends her removal, citing state law that was passed in 2006 requiring a candidate to read, write, speak, and understand English without the aid of an interpreter. This law was passed under the aegis of the 1910 Enabling Act, which requires those qualifications of state office holders as part of the conditions for Arizona becoming a state.

I inquire: How do you think the Arizona Supreme Court should have ruled in this case?

Susan G. Komen, Planned Parenthood, and arrogance: Point of rage

And you thought that the Susan G. Komen foundation was only a bully toward mom and pop charities using "For the Cure" or the color pink.

Now they've decided to pull their funding for Planned Parenthood. Ostensibly, this decision was made because Planned Parenthood is under Congressional investigation, and the Komen foundation recently passed rules barring grants going to organizations being investigated by Congress. They insist that this rule ties their hands, and that they're working to partner with new organizations to ensure that women will still get breast health screenings and the like.

They insist that politics have nothing to do with this decision.

No, clearly not. Their new VP for public policy didn't have a failed run for governor in Georgia on a strict anti-abortion platform promising to defund Planned Parenthood.

This decision didn't seriously frustrate one of the Komen foundations' chapters.

Pro-life groups, who should ostensibly cheer an organization that has 16% of its services devoted to cancer screenings (vs. less than 3% of its services represented by abortions), aren't cheering all over the blogosphere at this development.

The Komen foundation didn't make a Facebook post a few days ago about how big gaps exist in screening rates for breast cancer in minorities, the kinds of folks Planned Parenthood helps.

Nope, no politics at work at here at all.

It seems this action has caused an overnight spike in donations to Planned Parenthood. It may also end up biting the Komen foundation in the butt. The perceived politicization of cancer screening funding may also wind up making the Komen foundation a target of Congressional inquiry itself.

I rage against the mingling of politics with charity.

Occupy Nashville and Vanderbilt College Republicans: Point of interest

Last night, members of the Vanderbilt College Republicans engaged in a counter-protest against the Occupy Nashville movement. Upon learning this, Occupy Nashville promised to do which of the following?

a) Promised to shout down the voices of the counter-protestors.
b) Give the counter-protestors time to speak at the General Assembly.
c) Moved to deny the counter-protestors space to air their views.
d) Bake cookies for the counter-protestors.

The answer(s?) under the jump.

Udall-Bennet campaign finance amendment: Point of praise

In what is described as a reaction against the Citizens United vs. FEC ruling, which essentially allowed the buying of elections, Sens. Tom Udall and Michael Bennet drafted a Constitutional amendment to allow Congress and state legislatures to regulate campaign contributions. The amendment doesn't specify precise limits that legislatures should put on these funds; it only gives them the authority to do so.

I find the Supreme Court's reasoning in the Citizens United case risible. If monetary donations to a political campaign constitute free speech, can't I tell a hooker how desirable her services are with my money? Or show my appreciation for a narcotics peddler's wares with my dough-nation?

No?

So why are neither of those considered "speech", but political donations are? This layman's understanding of speech would require it to entail language of some sort (spoken, written, or electronic), not bribery.

I praise Sens. Udall and Bennet for recognizing that money is not speech.

Temporary restraining order against THP: Point of praise

After two nights of not arresting overnight Occupy Nashville protestors, U.S. District Judge Aleta Trauger issued a temporary restraining order that forbids the Tennessee Highway Patrol from arresting the protestors. The two sides have until Nov. 21 to come to an agreement about the use of the plaza; if one isn't reached, they'll be back in court to resolve this issue.

Ho. Lee. Buckets.

This makes two judges who have stood up for groups to protest at the plaza. Trauger and Magistrate Tom Nelson both richly deserve the honorific "Hon." before their names for protecting the First Article/Amendment rights of these protestors to assemble peaceably.

The Occupy Nashville movement isn't trying to deny the use of the plaza to anyone. In fact, when my wife and I were down there on Saturday, they were explicit about allowing anyone coming to or going from the TPAC benefit to have free reign to walk unhindered to and from the event. There was also nowhere nearly enough people there to swarm the plaza; we didn't even completely fill the steps during the General Assembly. Think of this protest as occupying a small portion of the plaza rather than overrunning it. There's no need for an "exclusive use" permit because that's not what this group is wanting.

I praise the Hon. Aleta Trauger and Tom Nelson for standing up against unjust restrictions of liberty.

Bill Haslam, Occupy Nashville, and the First Amendment and Article: Point of rage

For many years, I've identified myself as a political moderate who rages against the excesses of the extremes in the political climate. Today was my first experience in expressing my outrage over a specific political injustice, one that was egregious enough to make me begin this blog.

On October 7, 2011, the Occupy Nashville movement began protesting at the Legislative Plaza. For nearly three weeks, these protests proceeded peacefully and without notable incidents. Nevertheless, on October 27, the commissioner of General Services issued a directive that requires anyone wishing to protest on the Legislative Plaza may do so only with a permit between the hours of 9a to 4p, and that a 10p-6a curfew will be enforced there. Indeed, no person may be allowed on the grounds of the Legislative Plaza without (explicit?) authorization from the state of Tennessee. Ostensibly, this measure was enacted due to concerns about public defecation and sexual obscenties. Apparently, Haslam believes this to be a necessary response to a "deteriorating" situation.

The executive branch cites Tenn. Code Ann. § 4-8-101 as the authority to preserve the capitol grounds in this way. However, Article I § 23 of the Tennessee constitution guarantees the right to peaceable assembly, in accordance with the First Amendment of the United States Constitution. Thus, it appears that the executive branch is claiming unconstitutional authority to restrict the freedom of assembly on the Legislative Plaza under the overextended aegis of a relatively narrowly worded statute.

Though theater goers and TPAC attendees have been permitted to occupy this plaza after 10p, the Tennessee Highway Patrol has been ordered by Governor Bill Haslam to arrest protestors in the wee hours of the night on both Friday and Saturday mornings. However, the Hon. Thomas Nelson, the night court magistrate, has refused to sign the arrest warrants. The first night, he refused to sign because the protestors were given inadequate notice about the curfew. On the second night, he refused to sign the warrants because there is no statutory authority for regulating a curfew on the Legislative Plaza.

My wife and I went down to the Legislative Plaza today to explore the movement and the conditions of the plaza. The plaza was clean, and we saw no evidence of defecation, sexual obscenity, or other such evidence of "deterioration". Indeed, the Occupy movement welcomed us and our participation. I even got to run the stack (the queue of comments) for the Legal workgroup and deliver the summary of the Legal workgroup's deliberations to the General Assembly. The group was thoughtful, respectful, and emphasized several times the need for non-violent and non-confrontational civil disobedience. They also made it clear that the plaza should be picked up and kept clean. We donated some garbage bags to that effect, and we'll likely provide more in the coming days.

The Occupy Nashville has become more than a movement against corporate personhood, against money in politics, and in support of the Occupy Wall Street movement. It is now a stand for the freedom of expression guaranteed by our state and federal constitutions. It has become more than a movement for the 99% of the bottom of the income distribution. It is now a stand for the 100% who deserve the freedom to demand redress from their government's oppressive strictures.

I rage against the restriction of freedom of assembly.