Tina Fey was beloved for her comedic ridicule of the right until she wasn’t. Over a sheet cake and not wanting to violently attack people when the mob demanded violence. Oh, to be adored on the pedestal of social justice one minute and a she-devil the next. So exhausting.
But if you think that’s exhausting, it’s nothing compared to the heavy lifting demanded of the New York Times editorial board, faced with the impossible task of explaining away the “armed militias” of the right. Perhaps the most amazing aspect of what happened in Charlottesville was that no one fired a bullet. But no one did.
Even before violence erupted in Charlottesville, Va., last weekend, city residents and the police anxiously watched the arrival of self-styled militias — swaggering gangs of armed civilians in combat fatigues — standing guard over the protest by white supremacists and other racist agitators against the removal of a Confederate statue.
Armed swaggering gangs sounds ominous, indeed. Of course, the marching protesters for bad purposes were forewarned that they would be met by counter-protesters bent on violence. Arms can be used to attack or to defend. No bullets were fired. If someone swung a bat at your head, there could well be legal justification to use deadly force to defend oneself, swagger or not. But no bullets were fired.
In brandishing weapons in Charlottesville, the militiamen added an edge of intimidation to a protest that was ostensibly called as an exercise in free speech. By flaunting their right to bear arms, they made a stark statement in a looming public confrontation.
Brandishing is a loaded word, used improperly but deliberately here. Did they point a gun at someone’s head? Or did they have guns slung on their arms, openly visible on their belts. What distinguishes the right to bear arms from “flaunting” that right?
A “confrontation” takes two sides. No, that doesn’t have anything to do with the merit of their causes, as it’s true regardless of why they’re marching. If the “swaggering” protesters “flaunting” their rights weren’t met by the virtuous counter-protesters defending truth and justice, armed and primed for violence, but for the good kind of violence, there would be no confrontation.
The limits of that freedom are being increasingly tested by jury-rigged militias at demonstrations, public meetings and other political flash points around the nation. These strutting vigilantes have become such a threatening presence that government should rein them in to allow for a truly free exchange of ideas. State and federal laws would seem to allow their curtailment, provided that political leaders and the courts face up to the risks of mob rule.
So the only reason the “strutting” swaggerers got away with testing the limits of their rights is that cowardly political leaders and courts refuse to face up to the risks of mob rule? And if these cowards hadn’t been cowed, it would allow for “a truly free exchange of ideas,” like a pleasant chat as to why white supremacy is a valid ideology?
The effort required to spin reality into this Twilight Zone fiction could not have been easy, and whoever penned this editorial deserves battle pay, having transcended the bounds of anything remotely rational, even to the wildest-eyed believer in the cause. But no, they didn’t completely omit any reference to the Antifa, albeit in a parenthetical.
(The protest also drew “antifa” — anti-fascist — counterprotesters on the political left, ready to brawl with fists and sticks against those on the other side.)
Would there have been swaggering strutters brandishing weapons to flaunt their rights if people took Tina Fey’s advice and laughed at them rather than been “ready” to brawl? Maybe, and they would have still been within their rights as the law, crafted and enforced by cowards, provides. How silly they would have looked if they came ready to fight and no one cared.
But there was a protest by Naxos desperate for recognition, and they were met by God’s Army to beat them for their horrible ideas which were literally violence (but could have been part of a “truly free exchange of ideas” if they just didn’t swagger and strut so damn much).
And yet, not a single bullet was fired.
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I have recently been involved in a fairly civil conversation with other lawyers on one of the Texas attorney only pages on Facebook. (My general rule is no politics on Facebook, but I pushed the limits to exclude legal discussions with other attorneys from that rule).
On thing that struck me was the ignorance of other attorneys regarding First Amendment protections. Some believe that the simple display of a Nazi banner is “fighting words” speech. Others believe that by carrying firearms, the demonstrators were crossing the line from allowable speech to “fighting words” and should have been arrested on that basis.
As for myself, I tend to be a First Amendment absolutist who strongly supports the Second Amendment. I would not personally carry a firearm openly in most situations, although legal in Texas, but that is more of a tactical/personal decision on my part.
Nonetheless, despite my antipathy to the Klan and the various neo-Nazi organizations (and to Antifa), I agree with you that the most important outcome of the armed protesters may have been that not one shot was fired. This seems to me to refute the claims of the anti-gun crowd that guns, by their very existence, provoke violence. Both sides were armed in Charlottesville, and yet NO shots were fired.
Maybe we are not all doomed to civil war, after all.
There is no shortage of people proclaiming First Amendment “rules” that exist only in their feelz, and they spread their rules as far as they can. When this comes from non-lawyers, it’s unfortunate but somewhat understandable. When lawyers (and even worse, academics) are spreading such nonsense, it’s not part of acceptable legal discussion.
The characterization of “first amendment absolutist” relates to what you think the law should be. It has nothing to do with what the law is. It’s fine to be an “absolutist” or a “relativist,” but it is not fine to claim that the law is what it is not. Spreading lies and ignorance is bad enough by the groundlings, but it is unforgivable for lawyers.
“Even before violence erupted in Charlottesville, Va., last weekend…”
Removing agency from the events of that day? WTH.
Also:
If you don’t disagree with me, how will I know I’m right? — Samuel Goldwyn
Andy Z?
Nyet.
Apparently the armed militiamen were actually a separate group of well-meaning but foolish people who were there to keep the two groups of scumbags from fighting.
Apparently? So they say.
Yeah, those foolish, good-hearted peacekeepers were the only reason I didn’t set off my tactical nuke.
The second paragraph states that militias pose as LEO’s at these rallies. It links to an NYT article claiming no such thing. The seventh paragraph states that statutory and case law prohibits open carry if that act induces fear in others. It links to an NYT op-ed that doesn’t say that. These are not honest, if chuckle-headed, mistakes like, say, not knowing what the word “brandishing” means. They don’t have the common decency to either tell an unadorned lie or, if a link is absolutely necessary, to take a few minutes to find somebody who told the same lie at an earlier date. As a womyn and height-challenged person of pronounced epicanthic folds I feel diminished, disrespected, disparaged, and demeaned, and those are just the “d’s.”
You violated the NYT terms of service by checking their sources. But you’re right, if they’re going to lie, at least have the guts to do it right, without trying to pretend there’s an actual source. Cowards.
Doesn’t “flaunting” require having something that someone else doesn’t? Who were they “flaunting” to?
Apparently, the editorial board of the NY Times.
That would make sense. I would not expect any of them to have a permit, and NY is pretty restrictive.
Now we’re going to need a confrontation and march-off to determine whether the strutting swaggerers or swaggering strutters will take primacy.