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Hacktacular!

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Elizabeth Foley upholds the standards one would expect of a poster at Instapundit.   According to Foley, a civil rights lawsuit filed against Joe Arpaio shows that liberals hate free speech:

Let me get this straight. It’s a violation of federal civil rights law now to use derogatory slang or express your opinion about things?  Hmmmm….. First Amendment anyone?  Oh, that’s right: progressives think “hate speech” is outside the ambit of the First Amendment.  The present Administration’s culture of intimidation continues…..

First of all, Foley fails to understand that, at least in the United States, liberals generally see “hate speech” as being protected by the First Amendment.  (cf. the recent Supreme Court decision protecting the rights of Fred Phelps, in which the only dissenter was that well-known radical liberal Sam Alito.)   So if Arpaio was being sued for saying racist things, this would indeed be problematic.

But what is Arpaio actually being sued for?  Why don’t we do what Foley definitely doesn’t want you to do, and click the link she provides:

Federal authorities allege that Arpaio and his office have unconstitutionally and unlawfully targeted Latinos during traffic stops and during crime suppression operations. DOJ alleges that MCSO unlawfully detained Latino drivers and passengers and conducted unconstitutional searches and seizures in addition to illegally targeting Latino workers during worksite raids.

So, in fact, Arpaio is not being sued for saying racist things.   He’s being sued for racist conduct that violates federal civil rights law and the 4th and 14th Amendments.  Laws cannot be enforced in a racially discriminatory manner.  This conduct is, to state the blindingly obvious, not protected by the First Amendment.   The fact that Arpaio has written racist things can be used as evidence that he has violated the civil rights of individuals, but the racist writings themselves are not illegal and nobody is saying otherwise.   And the neoconfederate stuff about how enforcing civil rights laws and the Constitution reflects a “culture of intimidation” is a nice touch.

In other words, Foley is definitely somebody who should be posting at Instapundit.

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  • LosGatosCA

    It’s another good day for Republicans – they distorted a news story and then spent the rest of the day not learning anything at all.

  • arguingwithsignposts

    Elizabeth Foley upholds the standards one would expect of a poster at Instapundit.

    Not enough “heh, indeed.”

  • Paulk

    I hear the Chronicle of Higher Ed has an opening for an idiot reactionary.

  • howard

    I especially like the “let me get this straight” part!

  • Ben

    The gulf between stupid and malicious is starting to become too great. We can’t just assume both are operating anymore. Because no one is this stupid. Right? No one can possibly read a story, the first and second sentences of which are about bringing a suit against a sheriff for discriminatory conduct, and think that the suit is about discriminatory speech. Right?

    • laura

      FFFFWWWEEEEEEE!!!!!!!!!

      You might not have heard that with your politically correct liberal ears, but that was the dog whistle commanding you to stop asking logical questions and just feel what Foley wants to you feel, mutt.

    • Rarely Posts

      Read the Banality of Evil. Stupid and evil aren’t independent. For most people, they have to go together. And, both are choices. People aren’t this “stupid” because they lack intelligence (many evil, stupid people can be quite intelligent selectively). They are willfully stupid and evil.

      • JohnR

        Yup, what you said. It’s sometimes just laziness, but it’s often a desperate need to hate somebody different (and therefore scary). Personally, I like the “torture is protected free speech!” type of argument. Nothing more clearly exposes the fundamental evil of a person than taking that approach. It’s always and only one-sided as well, which makes it even more obvious to anyone other than a Villager or a ‘news reporter’.

  • Yes, because a culture of racism couldn’t possibly be evidence that speaks to racist actions…

    • Mario

      Steve Should go to my country and see the “colorism”. Or tell him to go to Japan, Indonesia, and lots of Europe and see how it goes there…

      And we now have record number of foreign-born people, mostly people of color, choosing to live in the United States because this is such a shithole.

      Mmmmm….NO

      • DrDick

        I see that your reading comprehension has not improved, Jenny. Nobody here even suggested that is a problem unique to the United States, though we do have a much longer history of it than most countries in Europe, or even to Arizona. I specifically assign readings about racism in most of the places you indicate as well as others in my race and ethnicity class.

        The reason that there are so many of those brown people here is because we are a lot closer or easier to get to than Europe, which also gets larger numbers of immigrants from Africa and the middle East. The reason they come here is because we have jobs and their countries do not. now that we do not have jobs, large numbers of them are going home again (which should make you happy, but won’t).

  • R. Porrofatto

    Wow. She actually used the phrase “culture of intimidation” to describe legal action against the poster boy for law enforcement excess (to put it mildly). They really earn that “g” in “glibertarian” don’t they? Or maybe it’s that “liberty” — whatever the hell that means to these assholes — is just for white people.

    • Malaclypse

      Intimidation can only happen at the federal level, not local. This is an article of faith among libertarians.

      • I move we appoint Mal as LGM theologian for his knowledge of the Church of the Free Market dogma. As we all know from looking at the Jesuits, nihilist atheist intellectuals to a man, it’s the person with a cold unbelieving eye from the outside who has the best command of the dogma of a church.

      • Rarely Posts

        I disagree. Intimidation can only occur against property owners, business owners, and straight, white Americans, regardless of the level of government. I am suspect that even a a private company’s decision to fire a writer because of their poor, racist arguments is intimidation. Similarly, the private, state-law tort suit against Phelps was likely intimidation.

        Intimidation cannot occur against the poor, homosexuals, racial minorities, or foreigners. Guantanamo is not intimidation, and discrimination in the federal government’s enforcement of immigration or drug laws would not be intimidation. Indeed, it would likely be intimidation for the federal government to fire employees who expressed racist views in their enforcement of those laws.

        • Hogan

          Jesse Jackson leading a boycott of Coca Cola? Totally intimidation.

        • DrDick

          Don’t forget women, who also cannot be discriminated against or oppressed.

      • Anonymous

        Its not like libertarians tend to be big fans of cops or Joe Arpaio in particular.

        • Matt T.

          So I keep hearing.

      • DrDick

        One more proof that libertarian beliefs and reality cannot coexist.

        • JohnR

          I think you give them (“libertarians”)too little credit. It’s easy to believe six impossible things before breakfast when your corpus callosum is divided, I suspect (just keep the ideology in one hemisphere, and reality in another..), but “libertarians” have to manage all this with coexisting information. It must be quite a challenge.

          • DrDick

            I have long since come to the conclusion that they deal with it by actively ignoring reality or twisting it into multidimensional pretzels to fit their worldview. Debates with Brad P highlight this tendency.

      • bradp

        You say this as if abuse of the civil liberties of immigrants and escalating police militarism and brutality weren’t made worse by Federal legislation, interest groups, and justice departments.

        Congress can’t strip the rights away from immigrants fast enough, the Obama DOJ is tearing apart immigrant families at record rates, and national cop interest groups and unions get practically anything they want, but we surely count on the federal government to do with local discrimination problems.

        • Malaclypse

          Thank you for proving my point, Brad.

          Congress can’t strip the rights away from immigrants fast enough, the Obama DOJ is tearing apart immigrant families at record rates, and national cop interest groups and unions get practically anything they want, but we surely count on the federal government to do with local discrimination problems.

          Okay, you said this in a thread about Sheriff Joe and Arizona. Please stop buggering irony’s corpse.

          • ironic irony

            I’m not dead yet. Very much alive…for now.

            But could you stop being so awesome? Makin’ me feel inadequate. ;)

          • bradp

            By admitting problems with local intimidation and rights abuse?

            You seem to mistake (and don’t worry, its common) the statement “The Federal government is not a proper or effective solution to local discrimination and coercion” with “There is no problem with local discrimination and coercion

            • Malaclypse

              “The Federal government is not a proper or effective solution to local discrimination and coercion”

              Okay. So I assume for the sake of my sanity, and because I do know you are a decent person, that you will grant that there is a local problem.

              Now, who is most likely to solve the problem? The local voters? They have been loving this since 2006. The Free Market ™? Let’s be real, I put that in to bust on you, because the Free Market does not care about this any more than it cared about Jim Crow.

              No, the entity that is most likely to fix this is the people who brought a fucking indictment. And that is the federal government. They may not be perfect, they may not even be good, but they are the closest thing we have to a non-evil actor in this situation. And pretending that the Feds are the problem, in a thread about Sheriff Joe, is something that should be beneath you.

              • bradp

                No, the entity that is most likely to fix this is the people who brought a fucking indictment. And that is the federal government. They may not be perfect, they may not even be good, but they are the closest thing we have to a non-evil actor in this situation. And pretending that the Feds are the problem, in a thread about Sheriff Joe, is something that should be beneath you.

                I just don’t think Arpaio is particularly exemplary other than the pride and publicity he throws behind his evil.

                But our justice system is diseased and evil from the top down.

                • DrDick

                  You are partly right, in that the power of money, a vested component of capitalism, has grossly corrupted the system. It is also the fact that, as anyone who has lived in the South can attest, it tends to be most corrupt at the local level, where it takes less money and the interests of the rich and powerful take precedence. Justice rots from the bottom up, not the other way around.

                • Mario

                  But our justice system is diseased and evil from the top down.

                  I think of Uganda, small towns in the former Soviet Union, China, India or any of the Arab Nations and then I feel better.

            • DrDick

              Unlike you, I am old enough to remember the Civil Rights Era. I also specialize in race and ethnicity. Just let me categorically state that your head is up your ass and you have no freaking idea of what you are talking about.

          • bradp

            But don’t worry Mal. I’m sure this lawsuit is gonna change EVERYTHING.

            • gmack

              I really don’t know what your point is, Brad. Sure, the Federal government, both in the past and in the present, has not been terribly good on immigration issues or respecting individual rights. But this lawsuit very much seems to be a clear example of the Feds using power toward ends that I (and you, I think) endorse. So we endorse the Federal government’s actions here and contest, for instance, Congress’ efforts to strip immigrants of various rights, or the ways in which Federal policies encourage increasingly militarized policing. Is there some contradiction here I’m missing?

            • Malaclypse

              It won’t make it worse, Brad. It won’t make it worse. And I’m willing to be grateful for small victories. And I’m going to bet that hispanics in Maricopa County will not disagree. Baby steps towards justice.

              • bradp

                It won’t make it worse, Brad. It won’t make it worse. And I’m willing to be grateful for small victories. And I’m going to bet that hispanics in Maricopa County will not disagree. Baby steps towards justice.

                Yes. This lawsuit is an undeniably good thing. Sometimes my proselytizing understates the good that the Federal government can do.

                But I do not believe that on net the Federal government has made situations like one in Maricopa County better. Rather I think it has largely enabled Arapaio.

                This seems like baby steps to justice in the middle of a stampede to injustice.

                • Malaclypse

                  But I do not believe that on net the Federal government has made situations like one in Maricopa County better.

                  And yet it is the only tool we have. Best use it effectively when possible.

                • DrDick

                  And your “solutions” would just make it far worse. As Mal says, however inadequate and inefficient they are, the Feds are the best and only instrument we have to deal with these issues. Local governments have never generally shown any interest or willingness to do anything about it. Indeed they have had to be forced to address them.

                • Matt T.

                  But I do not believe that on net the Federal government has made situations like one in Maricopa County better. Rather I think it has largely enabled Arapaio.

                  Okay, then what should be done in this situation, since both the state government and most of the local voters are the reason shit like Arapaio is playing the kingfish in his town. Seriously, if not for a DOJ lawsuit, what do you suggest, strongly worded letters to The Times?

          • DrDick

            And mine as well.

  • c u n d gulag

    I look at this a little differently:

    I think that in this economy, it’s wonderful that people who are too stupid to remember to ask, “Wan’ fries wid dat?”, or too arithmetically-challenged to handle giving change at a cash register, are given jobs as “writers” at InstapunTWIT!

    What other discernible talent do these people have, except to fling their word-turd’s at anyone to the left of J. Edgar Hoover?

  • Furious Jorge

    This, of course, is central to the point that liberals are the real liars and cheaters.

  • LoriK

    Ms Foley also fails to grasp the significance of the fact that Joe Arpaio is not being sued. Sheriff Joe Arpaio is being sued. There are things you can say on your own time that you can not say in the course of your job, especially when your job involves acting as a representative of the state. Someone from the party of “right to work” laws and hatred of government ought to know and appreciate that. Funny that she doesn’t.

    • BigHank53

      Wait until Sheriff Joe busts a “patriot”.

      • rea

        He often busts patriots, but never “patriots.”

    • DrDick

      True. While I can say what I like on my own time and in private, I could lose my job for making abusive comments about Republicans and Libertarians in my classes (and even I think that is right and proper).

  • Aaron Baker

    In other words, Foley is definitely somebody who should be posting at Instapundit.

    Or perhaps in the Chronicle of Higher Education.

  • Clearly, Scott, Foley feels that during those stops and arrest, Arpaio and his minions called the detainees derogatory terms and that’s what he’s being harassed for.

    Because they have brown skins, their rights to walk unmolested down the street do not exist, vuz, illegal!

  • DrDick

    There is also this. Of course conservatives are alright with the abuse and persecution of minorities, which has been a bedrock of their worldview since Buckley’s day.

  • Jonas

    I hear Foley was nominated for a Pulitzer Prize for this post.

    • Hogan

      Twice.

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  • Joshua

    By Foley’s logic, can I lynch black people as long as I say “I hate black people” beforehand?

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