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The NFL v. American Values


With respect to the latest outrage by the P.C. police, nice to see the Daily News trolling Bari Weiss:

A New York tabloid that actually represents the values of the community — an idea just crazy enough to work!

I’m reminded of the greatest trolling in the history of mandatory flag salutes, Robert Jackson dunking on Felix Frankfurter in West Virginia v. Barnette:

We examine, rather than assume existence of, this power, and, against this broader definition of issues in this case, reexamine specific grounds assigned for the Gobitis decision…It was said that the flag salute controversy confronted the Court with the problem which Lincoln cast in memorable dilemma: “Must a government of necessity be too strong for the liberties of its people, or too weak to maintain its own existence?”, and that the answer must be in favor of strength. We think these issues may be examined free of pressure or restraint growing out of such considerations.

It may be doubted whether Mr. Lincoln would have thought that the strength of government to maintain itself would be impressively vindicated by our confirming power of the State to expel a handful of children from school. Such oversimplification, so handy in political debate, often lacks the precision necessary to postulates of judicial reasoning. If validly applied to this problem, the utterance cited would resolve every issue of power in favor of those in authority, and would require us to override every liberty thought to weaken or delay execution of their policies.

That’s the stuff.

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