(Reuters) – The U.S. Supreme Court on Monday left intact an appeals court ruling that school officials in California did not violate the free speech rights of students by demanding they remove T-shirts bearing images of the U.S. flag at an event celebrating the Mexican holiday of Cinco de Mayo.
The court declined to hear an appeal filed by three students at Live Oak High School in the town of Morgan Hill, south of San Francisco. School staff at the May 5, 2010, event told several students their clothing could cause an incident. Two chose to leave for home after refusing to turn their shirts inside out.
The school had been experiencing gang-related tensions and racially charged altercations between white and Hispanic students at the time. School officials said they feared the imposition of American patriotic imagery by some students at an event where other students were celebrating their pride in their Mexican heritage would incite fights between the two groups.
Lawyers for the students said that the fear that the T-shirts would offend others did not trump free speech rights because the act of wearing the shirts did not rise to the level of incitement to violence.
Three of the affected students – Daniel Galli, Matt Dariano, and Dominic Maciel – were involved in the lawsuit, which was filed on their behalf by their parents.
In the February 2014 ruling, the San Francisco-based 9th U.S. Circuit Court of Appeals said...
Ninety miles from the South Eastern tip of the United States, Liberty has no stead. In order for Liberty to exist and thrive, Tyranny must be identified, recognized, confronted and extinguished.
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Monday, April 13, 2015
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Blogs With Rule 5 Links
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Obamacare’s $800 Billion Tax Hike Explained in One Chart
April 15 is right around the corner, and millions of Americans will find themselves paying more in taxes than ever thanks to Obamacare.
The law is more than a fundamental change to the country’s health care system. It also is a massive tax hike. As The Heritage Foundation’s Federal Budget in Pictures shows, according to the most recent scores, Obamacare will increase taxes by nearly $800 billion for the period of 2013-2022.
Obamacare contains 18 separate tax increases. A few of the biggest include a tax on “Cadillac” health insurance plans, which doesn’t take effect until 2018, long after President Obama and many in Congress who voted for the tax in 2010 have departed Washington. Also, there is a tax on health insurance premiums and a higher rate on the Hospital Insurance payroll tax for single filers with incomes above $200,000 ($250,000 for married filers) that also applies to...
The Six Points of Kissinger and Schultz’s Refutation of the Iran Deal
Keith Koffler - It’s no surprise that Marie Harf at the State Department
sought Wednesday to dismiss the analysis by Henry Kissinger and George Schultz of the Iran deal as little more than “big words and big thoughts.” When you hear administration officials launch ad hominem attacks, you know it is because they are deeply threatened.
That’s because Kissinger and Scultz’s Wall Street Journal piece is the most thorough and damning evisceration of President Obama’s Iran arms deal you can find. And it’s been lodged by two of the foreign policy establishment’s wisest and most experienced hands, neither known for their partisan fervor.
I thought I’d take you through their argument, which you may not be able to access on the Wall Street Journal website. Because it’s a major statement about what may be the most important issue of our time.
Below, I’ve placed my own headlines above quotes from the piece to clarify their main points. There are six.
1. The deal permits a nuclear Iran
Negotiations that began 12 years ago as an international effort to prevent an Iranian capability to develop a nuclear arsenal are ending with an agreement that concedes this very capability, albeit short of its full capacity in the first 10 years. The gradual expiration of the framework agreement, beginning in a decade, will enable Iran to become a significant nuclear, industrial and military power after that time—in the scope and sophistication of its nuclear program and its latent capacity to weaponize at a time of its choosing. Limits on Iran’s research and development have not been publicly disclosed (or perhaps agreed). Therefore Iran will be in a position to bolster its advanced nuclear technology during the period of the agreement and rapidly deploy more advanced centrifuges—of at least five times the capacity of the current model—after the agreement expires or is broken.
2. Iran triumphed in the negotiations
While Iran treated the mere fact of its willingness to negotiate as a concession, the West has felt compelled to break every deadlock with a new proposal. In the process, the Iranian program has reached a point officially described as being within two to three months of building a nuclear weapon.
Ambiguities apply to the one-year window for a presumed Iranian breakout. Emerging at a relatively late stage in the negotiation, this concept replaced the previous baseline—that Iran might be permitted a technical capacity compatible with a plausible civilian nuclear program. Iran permanently gives up none of its equipment, facilities or fissile product to achieve the proposed constraints. It only places them under temporary restriction and safeguard—amounting in many cases to a seal at the door of a depot or periodic visits by inspectors to declared sites.
3. The agreement is probably unenforceable
The physical magnitude of the effort is daunting. Is the International Atomic Energy Agency technically, and in terms of human resources, up to so complex and vast an assignment? In a large country with multiple facilities and ample experience in nuclear concealment, violations will be inherently difficult to detect. Devising theoretical models of inspection is one thing. Enforcing compliance, week after week, despite competing international crises and domestic distractions, is another. Any report of a violation is likely to prompt debate over its significance—or even calls for new talks with Tehran to explore the issue.
Compounding the difficulty is the unlikelihood that breakout will be a clear-cut event. More likely it will occur, if it does, via the gradual accumulation of ambiguous evasions. When inevitable disagreements arise over the scope and intrusiveness of inspections, on what criteria are we prepared to insist and up to what point? If evidence is imperfect, who bears the burden of proof? Undertaking the “snap-back” of sanctions is unlikely to be as clear or as automatic as the phrase implies. Iran is in a position to violate the agreement by executive decision. Restoring the most effective sanctions will require coordinated international action.
4. The deal result in nuclear proliferation
Some of the chief actors in the Middle East are likely to...
That’s because Kissinger and Scultz’s Wall Street Journal piece is the most thorough and damning evisceration of President Obama’s Iran arms deal you can find. And it’s been lodged by two of the foreign policy establishment’s wisest and most experienced hands, neither known for their partisan fervor.
I thought I’d take you through their argument, which you may not be able to access on the Wall Street Journal website. Because it’s a major statement about what may be the most important issue of our time.
Below, I’ve placed my own headlines above quotes from the piece to clarify their main points. There are six.
1. The deal permits a nuclear Iran
Negotiations that began 12 years ago as an international effort to prevent an Iranian capability to develop a nuclear arsenal are ending with an agreement that concedes this very capability, albeit short of its full capacity in the first 10 years. The gradual expiration of the framework agreement, beginning in a decade, will enable Iran to become a significant nuclear, industrial and military power after that time—in the scope and sophistication of its nuclear program and its latent capacity to weaponize at a time of its choosing. Limits on Iran’s research and development have not been publicly disclosed (or perhaps agreed). Therefore Iran will be in a position to bolster its advanced nuclear technology during the period of the agreement and rapidly deploy more advanced centrifuges—of at least five times the capacity of the current model—after the agreement expires or is broken.
2. Iran triumphed in the negotiations
While Iran treated the mere fact of its willingness to negotiate as a concession, the West has felt compelled to break every deadlock with a new proposal. In the process, the Iranian program has reached a point officially described as being within two to three months of building a nuclear weapon.
Ambiguities apply to the one-year window for a presumed Iranian breakout. Emerging at a relatively late stage in the negotiation, this concept replaced the previous baseline—that Iran might be permitted a technical capacity compatible with a plausible civilian nuclear program. Iran permanently gives up none of its equipment, facilities or fissile product to achieve the proposed constraints. It only places them under temporary restriction and safeguard—amounting in many cases to a seal at the door of a depot or periodic visits by inspectors to declared sites.
3. The agreement is probably unenforceable
The physical magnitude of the effort is daunting. Is the International Atomic Energy Agency technically, and in terms of human resources, up to so complex and vast an assignment? In a large country with multiple facilities and ample experience in nuclear concealment, violations will be inherently difficult to detect. Devising theoretical models of inspection is one thing. Enforcing compliance, week after week, despite competing international crises and domestic distractions, is another. Any report of a violation is likely to prompt debate over its significance—or even calls for new talks with Tehran to explore the issue.
Compounding the difficulty is the unlikelihood that breakout will be a clear-cut event. More likely it will occur, if it does, via the gradual accumulation of ambiguous evasions. When inevitable disagreements arise over the scope and intrusiveness of inspections, on what criteria are we prepared to insist and up to what point? If evidence is imperfect, who bears the burden of proof? Undertaking the “snap-back” of sanctions is unlikely to be as clear or as automatic as the phrase implies. Iran is in a position to violate the agreement by executive decision. Restoring the most effective sanctions will require coordinated international action.
4. The deal result in nuclear proliferation
Some of the chief actors in the Middle East are likely to...
Some “Teachable” First Amendment Moments in the Supreme Court’s Oral Argument About Confederate Flags on Texas License Plates
In today’s column, I analyze the Supreme Court oral argument held a few weeks ago in Walker v. Texas Division, Sons of Confederate Veterans, a case involving the First Amendment and Texas’s regulation of license plates. Motor vehicles registered in the State of Texas must display a state-sanctioned license plate. Most vehicles use a standard-issue Texas plate that has a simple no-frills design and displays a random series of letters and numbers. Texas, like many other states, also permits individuals to submit personalized, or vanity, plates in which the numbers and letters on the plate form a message (such as “HOTSTUFF,” a hypothetical example Justice Scalia used at oral argument).
In addition, Texas permits what are called “specialty” license plates, in which the overall design of the plate (but not the sequence of numbers and letters), is custom-made and might contain symbols, colors and other visual matter that is more elaborate than the relatively plain design of the standard-issue plates. Specialty designs may be adopted by the Texas legislature or proposed by private individuals or organizations. Specialty plate designs that come from outside the legislature must be approved (as must personalized vanity plates) by the Texas Department of Motor Vehicles Board, and the Board by law “may refuse to create a new specialty license plate if the design might be offensive to any member of the public” (a term that Texas authorities construe as meaning offensive to a significant segment of the public.) At least some specialized designs, once approved, can be used by members of the general public. As of a month ago, there were about 450 specialty designs that had been approved in Texas, around 250 of which are usable by the public. Although the majority of license plates in Texas are the plain-vanilla non-specialty plates, it is not uncommon on the Texas roadways to see license plates that make use of one of the approved specialty designs.
Applicants who seek approval of specialized plate designs must pay thousands of dollars to have their designs considered, and people who use the already approved designs pay for the privilege, the proceeds going to various state agencies.
The Texas Sons of Confederate Veterans (SCV) is a nonprofit organization dedicated to preserving the memory and reputation of Confederate soldiers. SCV applied for a specialty license plate that featured the SCV logo, “which is a Confederate battle flag framed on all four sides by the words...
In addition, Texas permits what are called “specialty” license plates, in which the overall design of the plate (but not the sequence of numbers and letters), is custom-made and might contain symbols, colors and other visual matter that is more elaborate than the relatively plain design of the standard-issue plates. Specialty designs may be adopted by the Texas legislature or proposed by private individuals or organizations. Specialty plate designs that come from outside the legislature must be approved (as must personalized vanity plates) by the Texas Department of Motor Vehicles Board, and the Board by law “may refuse to create a new specialty license plate if the design might be offensive to any member of the public” (a term that Texas authorities construe as meaning offensive to a significant segment of the public.) At least some specialized designs, once approved, can be used by members of the general public. As of a month ago, there were about 450 specialty designs that had been approved in Texas, around 250 of which are usable by the public. Although the majority of license plates in Texas are the plain-vanilla non-specialty plates, it is not uncommon on the Texas roadways to see license plates that make use of one of the approved specialty designs.
Applicants who seek approval of specialized plate designs must pay thousands of dollars to have their designs considered, and people who use the already approved designs pay for the privilege, the proceeds going to various state agencies.
The Texas Sons of Confederate Veterans (SCV) is a nonprofit organization dedicated to preserving the memory and reputation of Confederate soldiers. SCV applied for a specialty license plate that featured the SCV logo, “which is a Confederate battle flag framed on all four sides by the words...
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