“If You’re Scratching Your Head, You’re Not Alone”: Rubio Is Confused About Christianity, Marriage Equality, And The Constitution
Marco Rubio went on television with the Christian Broadcasting Network’s David Brody and suggested that Christianity is on the verge of being labeled “hate speech.”
If you’re scratching your head, you’re not alone.
Rubio’s rambling statement botched a simple understanding of constitutional law and free speech rights. Not to mention reality.
According to CBN’s transcript:
“If you think about it, we are at the water’s edge of the argument that mainstream Christian teaching is hate speech,” Rubio told CBN News. “Because today we’ve reached the point in our society where if you do not support same-sex marriage you are labeled a homophobe and a hater.”
“So what’s the next step after that?” he asked.
“After they are done going after individuals, the next step is to argue that the teachings of mainstream Christianity, the catechism of the Catholic Church is hate speech and there’s a real and present danger,” he warned.
Rubio appeared to be referring to the legal concept of “clear and present danger,” which the Supreme Court developed in the early 20th century, attempting to articulate the circumstances under which the government can proscribe political speech. Through the early 20th century the Court applied it in situations in which a person’s speech was deemed to be a threat to national security, sustaining a war effort, or to the stability of the government. But in the later part of the century, the Court abandoned it.
The Court last appeared to address this idea in 1969, in Brandenburg v. Ohio. In that case, it reversed the conviction of Clarence Brandenburg, a Ku Klux Klan leader, under an Ohio statute that criminalized “crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform” for a speech in which he said, “if our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race, it’s possible that there might have to be some revengeance taken.” The Ohio law, the Court held, violated Brandenburg’s free speech rights.
Although the Court’s opinion does not use the term “clear and present danger” and explicitly reject it, in his concurrence, Justice William O. Douglas noted his skepticism that it could be squared with the First Amendment at all. “Though I doubt if the ‘clear and present danger’ test is congenial to the First Amendment in time of a declared war,” he wrote, “I am certain it is not reconcilable with the First Amendment in days of peace.”
Returning to Rubio’s statement, he is vague about who is labeling Catholic teaching “hate speech.” Does he mean the government? Does he mean people on the internet? Under the First Amendment, the government cannot stop citizens from engaging in speech, even if a listener finds it hateful. If by “they” he means American citizens, the simple answer is “they” have a constitutionally protected right to criticize the Catholic church; the church also has a constitutionally protected right to its doctrine.
But if Rubio is suggesting that “they” are the government, I can’t begin to wrap my mind around the scenario he is suggesting. Is he suggesting the government will deem a church’s teaching “hate speech?” There’s no basis or precedent that would remotely suggest that the government could regulate religious speech (whether “mainstream Christian teaching” or other religious teaching) at all, much less deeming it “hate speech.” The Free Exercise Clause protects religious practice and religious speech. Under the Free Speech Clause, the government cannot proscribe “hate speech” or even define it. Under the Establishment Clause, the government cannot endorse (or renounce) a particular religion.
You can say gay people are intrinsically disordered. Or you can say they don’t have a constitutional right to get married. They can say you’re a homophobe. The government can’t stop any of you.
But Rubio blurs the issue by suggesting that a nebulous “they” will first “go[] after individuals,” after which there is a slippery slope to arguing that “the catechism of the Catholic Church is hate speech.” Although CBN transcribed his next words as “and there’s a real and present danger,” if you watch the video, he says, “and that’s a real and present danger.” Suggesting, therefore, not that he believes “they” will argue that Catholic teaching is a “real and present danger” (whatever that is) but that the nebulous “they” present a “real and present danger” to Christianity.
Rubio’s statement is simply a confused muddle of fear-mongering and constitutional misconception. Neither of which is very presidential.
By: Sarah Posner, Religion Dispatches, May 28, 2015
“State Of Disaster”: How Many Natural Disasters Will It Take For The Lone Star State To Wake Up To The Disaster Of Its Elected Officials?
As extreme weather marked by tornadoes and flooding continues to sweep across Texas, Gov. Greg Abbott has requested – and President Obama has granted – federal help.
I don’t begrudge Texas billions of dollars in disaster relief. After all, we’re all part of America. When some of us are in need, we all have a duty to respond.
But the flow of federal money poses a bit of awkwardness for the Lone Star State.
After all, just over a month ago hundreds of Texans decided that a pending Navy Seal/Green Beret joint training exercise was really an excuse to take over the state and impose martial law. And they claimed the Federal Emergency Management Agency was erecting prison camps, readying Walmart stores as processing centers for political prisoners.
There are nut cases everywhere, but Texas’s governor, Greg Abbott added to that particular outpouring of paranoia by ordering the Texas State Guard to monitor the military exercise. “It is important that Texans know their safety, constitutional rights, private property rights and civil liberties will not be infringed upon,” he said. In other words, he’d protect Texans from this federal plot.
Now, Abbott wants federal money. And the Federal Emergency Management Agency is gearing up for a major role in the cleanup – including places like Bastrop, Texas, where the Bastrop State Park dam failed – and where, just five weeks ago, a U.S. Army colonel trying to explain the pending military exercise was shouted down by hundreds of self-described patriots shouting “liar!”
Texans dislike the federal government even more than most other Americans do. According to a February poll conducted by the University of Texas and the Texas Tribune, only 23 percent of Texans view the federal government favorably, while 57 percent view it unfavorably, including more than a third who hold a “very unfavorable” view.
Texas dislikes the federal government so much that eight of its congressional representatives, along with Senator Ted Cruz, opposed disaster relief for the victims of Hurricane Sandy – adding to the awkwardness of their lobbying for the federal relief now heading Texas’s way.
Yet even before the current floods, Texas had received more disaster relief than any other state, according to a study by the Center for American Progress. That’s not simply because the state is so large. It’s also because Texas is particularly vulnerable to extreme weather – tornadoes on the plains, hurricanes in the Gulf, flooding across its middle and south.
Given this, you might also think Texas would take climate change especially seriously. But here again, there’s cognitive dissonance between what the state needs and how its officials act.
Among Texas’s infamous climate-change deniers is Lamar Smith, chairman of the House Committee on Science, Space, and Technology, who dismissed last year’s report by the United Nations’ Intergovernmental Panel on Climate Change as “more political than scientific,“ and the White House report on the urgency of addressing climate change as designed “to frighten Americans.”
Smith is still at it. His committee just slashed by more than 20 percent NASA’s spending on Earth science, which includes climate change.
It’s of course possible that Texas’s current record rainfalls – the National Weather Service reports that the downpour in May alone was enough to put the entire state under eight inches of water – has nothing to do with the kind of extreme weather we’re witnessing elsewhere in the nation, such as the West’s current drought, the North’s record winter snowfall, and flooding elsewhere.
But you’d have to be nuts not to be at least curious about such a connection, and its relationship to the carbon dioxide humans have been spewing into the atmosphere.
Consider also the consequences for the public’s health. Several deaths in Texas have been linked to the extreme weather. Many Texans have been injured by it, directly or indirectly. Poor residents are in particular peril because they live in areas prone to flooding or in flimsy houses and trailers that can be washed or blown away.
What’s Texas’s response? Texas officials continue to turn down federal funds to expand Medicaid under the Affordable Care Act, thereby denying insurance to more than 1 million people and preventing the state from receiving an estimated $100 billion in federal cash over the next decade.
I don’t want to pick on Texas. Its officials are not alone in hating the federal government, denying climate change, and refusing to insure its poor.
And I certainly don’t want to suggest all Texans are implicated. Obviously, many thoughtful and reasonable people reside there.
Yet Texans have elected people who seem not to have a clue. Indeed, Texas has done more in recent years to institutionalize irrationality than almost anywhere else in America – thereby imposing a huge burden on its citizens.
How many natural disasters will it take for the Lone Star State to wake up to the disaster of its elected officials?
By: Robert Reich, The Robert Reich Blog, May 31, 2015
“A Lot More Incentive To Stick With Him”: Bucking Conventional Wisdom, Hillary Clinton Declines To ‘Distance Herself’ From Obama
For a long time, the conventional wisdom has been that Hillary Clinton needs to “distance herself” from Barack Obama. It’s something we hear in just about every presidential election that comes at the end of a two-term presidency, as the candidate from the same party as the departing president is told that “distancing” is key. This line is repeated whether the president is popular, unpopular, or something in between.
But if you actually look at what Clinton has been saying, it’s been hard to find any distance at all between her and the President. So if she’s worried about creating that distance, it isn’t in evidence yet.
For instance, campaigning yesterday in South Carolina, Clinton spent her time telling African-American voters that she and the President are as close as can be:
But the message Mrs. Clinton got across was specific, and it was clear: She was on Barack Obama’s side from the moment she conceded the nomination to him in 2008, she had done everything she could to help him in office, and she would follow through on much of his agenda if she were elected to succeed him.
“Some of you may remember we had a pretty vigorous campaign in 2008,” she joked, knowingly, to an approving crowd of lawmakers, local Democratic officials and others. She added, “Both President Obama and I worked really hard.”
“I went to work for him” as secretary of state, Mrs. Clinton said, “because he and I share many of the same positions about what should be done in the next presidency.”
One might argue that this only happened because she was speaking to an African-American audience, among whom Obama retains enormous loyalty. But African-Americans are the Democratic Party’s core constituency, and encouraging strong turnout among them is critical to any Democratic nominee; this won’t be the last time she does something similar.
Furthermore, it’s hard to find issues she’s discussed so far in the campaign where there’s much “distance” at all between her and Obama. That isn’t to say Clinton is going to take the identical position as Obama on everything; for instance, she’s been vague about the Trans-Pacific Partnership, suggesting she may end up opposing it. But in general, the “move to the left” people have noted in Clinton’s positions has essentially made her more in tune with Obama’s presidency than with her husband’s. Much of that is just about the evolution of their party; if Bill Clinton was running today, he’d be more liberal on many issues than he was 20 years ago, too. But the effect is to draw her closer to Obama.
Whether you believe that Clinton is taking a more liberal stance than she has in the past on issues like immigration or paid family leave because of conviction or calculation, the fact is that those positions are extremely popular. And there isn’t much the Obama administration has done overall that is crying out for distancing. Obama hasn’t had any monumental scandals or screw-ups on the scale of the Lewinsky affair or the Iraq War. His most controversial policy achievement is the Affordable Care Act — which Clinton has embraced wholeheartedly.
Reporters are going to continue to pore over Clinton’s statements with Talmudic care to try to find any evidence of distance between her and Obama. But in reality, if anyone’s working to distance themselves from a president, it’s Republicans trying to shuffle away from George W. Bush, despite the fact that he left office over six years ago.
Clinton won’t be identical to Obama, for the simple reason that they’re different people. Though they come from the same party and thus agree on most things, there will no doubt be an issue here or there on which she promises something slightly different. But let’s not forget that as much as Republicans despise Obama, he did get elected twice. If Clinton can hold his coalition together, she’ll win, too. So she has a lot more incentive to stick with him than to distance herself.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line, The Washington Post, May 28, 2015
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