Free speech

When individuals are held accountable by private entities for their comments, on social media and elsewhere, they scream loud and long about their right to free speech.  Assertions aplenty roil the landscape when words result in consequences.  One of the most common is the perpetrator has an absolute First Amendment right to free speech and can therefore say anything with immunity.

Such folks might first want to educate themselves on the right they are claiming.  There is no absolute immunity.

The First Amendment reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Key in the above and subsequent precedence setting court decisions is that government can not make any law abridging free speech.  In other words, the government can not abridge the freedom of speech.  Private entities are not so encumbered.

A private company, for example, can dismiss an employee for speech the government can not abridge.  What, you ask?  Can't I just say whatever the hell I want to say, post, Tweet, or otherwise communicate with absolute immunity?  You are probably immune from arrest or other government consequence (libel and slander notwithstanding), but, yes, your boss can fire you for speech the business finds objectionable.  And you may be liable for civil action.

In today's hypercharged environment of uncivil discourse and rampant use of social media platforms, folks might do well to keep this in mind.  

Wednesday morning

Come Wednesday morning, it's pretty damn certain the sun will rise.  Nearly as certain is that one side or the other of the political spectrum will be apoplectic.

Yet the sun will still rise.  No apocalypse occurred overnight in the wake of the election.

Life will go on.

But if listening or reading only in the echo chambers of the (inaptly named) major political parties, left or right, liberal or conservative, roughly half of the average american citizens will hear doom and gloom.  It is also reasonable to predict an onslaught of associated claims and counterclaims about this or that injustice.  Just as during the lead up to the election, exaggeration, embellishment, overstatement, and hyperbole will fill the day.  Self-appointed pundits will flood (mainly in the aforementioned echo chambers) broadcasts, the airwaves, and Internet with their (anything but) sage views.  Absolutism will dominate.  Handwringing will be elevated to an art form.  Invective will be shouted.  Protests may be mounted.  

Sheesh!

Yet the sun will come up and life will go on.  

Those most impacted by the results, the average citizenry of the nation, will go about their daily lives, in spite of the election.  Some will grouse, some will smile.  But they will go about their lives, regardless of their views and feelings.  Because that is just the way it will be.

The winners may celebrate and the losers may complain, but neither will simply lay down and do nothing.  Momentary anger or joy will by necessity yield to the demands of the new day.  Breakfast will be consumed and off to work they will go, happy or not.  The activities of daily life will continue pretty much unabated.   

Perhaps only in the woefully unrealistic and insular bubbles called college/university campuses will activity momentarily cease.  Classes may be cancelled.  Marches may be organized.  Even as parents pay the bills, academia may raise its strident voice.

Everywhere else, life will go on.

That is an absolute certainty for Wednesday morning.

     

Saturday morning

A nearly ideal, weather wise, Saturday morning in the San Diego region saw 68 motorcyclists come together in the early morning hours.  While most folks were probably sleeping in or enjoying a leisurely breakfast and second cup of coffee, these bikers gathered at a funeral home in the town of La Mesa, just east of San Diego.

Funeral home on a Saturday morning you ask?  Some might assume, with disdain in mind, that it must be for the services for "one of those bikers."  Couldn't be farther from the truth.

These bikers came to honor a fallen sailor, Petty Officer Curtis Adams, U. S. Navy, who had been shot down after stopping for who he thought was a stranded motorist.  



To honor him, these bikers would escort him to the San Diego airport for the final flight home.

Arranged by the Patriot Guard Riders, this morning's mission included bikers representing several groups.  The prevailing themes across the groups were patriotism, military service, and honoring for our men and women in uniform.  In addition to the bikers, which included some younger active duty members of the military, there were roughly a dozen cars carrying Petty Officer Adams' fellow sailors, those who had served with him.  

The package, as it is referred to, ultimately grew to 68 motorcycles, 14 cars, and the hearse.  The Pledge of Allegiance was recited, a prayer offered, and mission briefing provided.

At the appointed time, a flag line was set, honors were rendered, the pall bearers transferred the remains into the hearse, and the package departed and headed to the airport.  Once there, they repeated the process, rendering honors as Petty Officer Adams was delivered to the airline cargo representatives.

A somber Saturday morning, with dozens of folks, the majority of whom had never met Petty Officer Adams, coming together as patriots.

In this hyper-intense period leading up to the mid-term elections, I noticed the absence of the media and elected officials.  Damn!  A young sailor dies, gunned down in the midst of trying to do the right thing, and not one member of the media or one elected official could spare even a few minutes out of their Saturday morning.   

Why is anyone surprised?

The oft times not so subtle exhortations by elected individuals, members of the media, and others from both sides of the major political, social, and cultural divides sow hatred.  Vitriolic and emotional commentary perhaps intended for political purposes in an election season (when are we not in some form of election season?) is wholly inappropriate.

Sadly, tragically, the country is reaping that hatred sown by these exhortations.  Violence, the threat of violence, and planning for violence is now commonplace.

Bomb makers.  Assassins.  Rioters.  Mobs.  

Sickening in any context in this wonderful nation.

And the sickening is magnified by attempts by the political cadre to employ tragedy and lawlessness for personal gain at the ballot box.  Either by feeble attempts to enhance their own status or by repugnant attempts to place direct responsibility at the feet of political opponents.

Nauseous abuse of the loudspeakers provided by the media.

All factions, from both major parties share the real blame.  They have led the country to this point in history.

Why is anyone surprised by the increasing reports of violence?

Each and every politician and member of the media who has slyly, directly, craftily, angrily, or otherwise called for or encouraged physical confrontation or violence should immediately be arrested.  Inciting violence is a crime and should be addressed as such.  

The election be damned.  Your strife ridden pursuit of identity politics is ruining the country.

One approach?

Vote out every single incumbent.  Start anew.         

The real America

On this Sunday afternoon, an Honor Flight returned to San Diego.  World War II and Korean veterans, including a Woman Marine and former POW, had been to our nation's capital, where they were recognized for their service to our nation.

On this Sunday afternoon, hundreds of real Americans turned out to welcome them.  American flags were enthusiastically and unashamedly waved.  Patriotic music was played.  Red, white, and blue were the dominant colors.

Looking around, what were not seen were football players (or any other professional athletes), elected officials, leftist media, political commentators, leftist pundits, television actors, movie stars, university professors, socialist democrats, social justice warriors, or any of the others working to destroy our nation.  Present were real Americans, proudly packing in to welcome these heroes home.

It is all too tempting to bemoan the state of the country.  And make no mistake, we have some serious problems.  But the real America represented at the San Diego airport today is large in number and strong of conviction.

The real America will stop those who seek to destroy our nation. 

Enough already

A young Marine, 21 years old, is currently being escorted to his home in New York.  His coffin was just hoisted by six volunteers Patriot Guard Riders into and out of the hearse that transported him to the San Diego airport for his final flight.

In view of the anguish of his wife and family, all of the hubbub created by the mainstream media and erstwhile elected "officials" and aspirants pales to insignificance.

Enough already.

I am sick and tired of the posturing, preening, prevaricating, misrepresenting, outright lying, and self-aggrandizing. 

Enough already.

A volunteer member of our military has died and idiots dominate the news.  A young man died and outlandish claims and counterclaims permeate the news.  A young (to me at least) Staff Sergeant is going to try to provide solace to the family of her Marine, and truth and honor are abandoned.

Enough already.

Pettiness, hyperbole, falsehoods, and political aspirations rise to the top.

Enough already.

Please, Lord, let honor, integrity, and humanity return as measures our society.  Please let activism, social justice, and perverted politics end.

Our nation deserves so much more.

The family of this young Marine deserves so much more.   

Not a routine Sunday

It was not a routine Sunday evening for the dozen or so  citizens who gathered at the funeral home.

While others were watching football, these patriots came together -- voluntarily -- to escort a fallen Marine to the San Diego Airport for his final airplane ride home to New York.  Shaking hands with the Staff Sergeant serving as Marine Corps Casualty Assistance Calls Officer (CACO), these patriots expressed their condolences at the death of her Marine.

For members of the Patriot Guard Riders (PGR), giving of their time, no matter when, no matter the day, is not at all uncommon.

As volunteers all, they proudly answer the call when missions are announced.  Most are veterans.  Most are bikers.  But not all.  But what each and every man and woman shares are patriotism, unbridled pride of country, and an abiding sense of duty.  Duty to the fallen, whether it is a soldier, sailor, airman, or Marine who died on active duty or a deceased veteran who has honorably served our country.

This evening, six proudly volunteered to serve as pall bearers at the small funeral home in a quiet area of a small town adjacent to San Diego, while the others raised American flags and saluted.  Once they loaded the hearse, they formed up, with many motorcycles flying large American flags.  At the signal, they began their procession down the streets and onto the freeways for the relatively short ride to the airport, where they once again formed up and presented honors as the casket was removed from the hearse.  The pall bearers executed a slow salute, touched the casket, then placed their hands over their hearts in a final gesture of respect.

Even after the air cargo personnel had moved the casket into the warehouse, preparatory to loading it on the aircraft, it seemed the PGR were reluctant to leave their brother-in-arms.  They stood, many still holding their flags, in silent tribute.  Eventually they walked to their motorcycles and departed, one by one.

Not a routine Sunday by any means.  

Truth evaporates from politics and governance

Politicians and electeds alike avoid the truth in astounding ways.

A wannabe socialist easily wins a Democrat primary in New York, in spite of her wildly inflated (if not outrageously false) biography.

POTUS denied nearly 3,000 people died in hurricane ravaged Puerto Rico, even though one news report includes figures ranging from 64 to 4,600 (the exact number is still being disputed).

And this blog could go on and on, citing example after glaring example of candidates and electeds stating one falsehood after another.  Whether on the campaign trail, in day-to-day governance, or during Congressional hearings, the truth has evaporated.

And the electorate does not seem to care, because many of these purveyors of inflation and falsehoods are elected, then re-elected.  Astounding.

Can American citizens really be so dense?  Do not veracity, integrity, and ethics matter any longer?

This phenomenon is not limited to one political party, nor one locality, nor one gender, nor any other identifiable group.  It permeates and infects our entire political system.

As truth evaporates, the risk to our republic grows. 

Sorry Nike

One of the great aspects of our free market system is that businesses are free to express themselves in their advertising campaigns.  Some of the greatest ads still resonate with those of us old enough to remember.  Do you recall "Where's the beef?"  More contemporaneously, some Budweiser commercials in past Super Bowls were pretty good as well.  The key point is that the businesses are free from government control in their advertising, per the First Amendment.  Consumer reaction, however, is something else altogether.

Sure, Nike is free to put out a new advertising campaign and say damn near anything.  But consumers are equally free to react to their campaign.  

Sorry Nike, you are not even close with Kaepernick and, "Believe in something.  Even if it means sacrificing everything."

Going without exorbitant pay and notoriety may meet the definition of "sacrificing everything" for some, but it falls sort in my view.  Losing a Marine's life in combat, an attempted rescue of a drowning stranger, a fireman's life rushing into a burning building to save children, or a police officer standing up to an armed robber is a better definition of "sacrificing everything."

Sure, Kaepernick is not legally prohibited from taking a knee during the playing of the National Anthem, an expression of free speech the government can not prohibit.  But he so at his own risk for other negative consequences.  No business MUST hire a specific individual, for example.

Standing (pardon the pun) for one's beliefs is crucially important in our nation, even when doing so brings criticism, private and public.  For that, Kaepernick deserves credit.  But such credit is now severely cheapened by what is surely a very large paycheck from Nike.  Seems like a man's principle can be bought.

I disagree with Kaepernick's actions, though supporting his freedom to do so.  And actions have consequences, as he is learning.  Some of those actions involve some businesses deciding they do not want to hire Mr. Kaepernick, which is their decision to make.  I also support Nike's action in creating an advertising campaign of their choosing.  And this action has consequences as well.

Listen to and watch consumers react.    

Cycling is a metaphor for life in America

Successful and happy retirement includes, among other activities, daily rigorous physical exercise.  In my case, this takes the form of stretching, weight lifting (lifting for tone; definitely not for body building contests), abdominal exercises, and cycling.  Road cycling to be precise, usually 2.5 to 3 hours each and every morning.  On this particular morning, it came to me that cycling is a metaphor for life in America.

First, no one gave me the carbon fiber road cycle I ride each morning.  An relatively expensive machine, I worked part-time to earn the funds for its purchase.  I did not disadvantage my wife, nor did I shirk my other financial obligations to acquire the bike.  I did not start a GoFundMe project.  I did not go on Facebook demanding friends, relatives, and acquaintances open their wallets to buy the bike.  In other words, I worked and earned the money for the purchase.

Next, each morning I enjoy the absolute freedom of deciding my goals for the day, the route to be ridden, and the amount of effort to be expended.  I do not expect, nor do I even desire, some government office to issue a decree telling me where to ride, when, how far, or at what pace.  This freedom is quintessentially American.  

I choose to face each new day, without expecting or asking someone to take my place, pay my way, excuse a day of sloth, or disadvantage themselves.  Sometimes it is difficult to rise for the day's ride, but individual perseverance and determination prevail.    

Each morning I join the overwhelming majority of my fellow citizens in obeying the laws essential to creating and maintaining a safe environment, as we move along the roadways.  Relying upon their willing obedience, as I cycle through an intersection.  I rely on them, just as they rely on me.  The essential element of a civil society.  

The results of this rigorous exercise are directly proportional to the effort I put in, so don't put in a half-ass effort expecting great results.  I don't look to the government to take someone else's hard earned results and give them to me.  Thus the achievements each morning are my own.  And as such, of greater personal value.  

I do not interfere with fellow citizens pursuing their objectives, nor do they (as a rule) interfere with me.  This is more than just obeying the laws, it is letting others pursue their own objectives and follow their own dreams.  Each of us enjoying the same freedoms, by not putting obstacles of any kind in each others way.  If they are being more successful, riding farther and faster, I don't set out to block their efforts.  

Among the freedoms is choosing the hills and their associated challenges.  It is not taking the easy way, nor is it avoiding challenges, like so many in government and academia would have us do.  Is every challenge overcome in exactly the desired manner?  Of course not.  Some days the hills seem a bit steeper and longer than other days.  But even when the day's challenges are daunting, giving up is not an option. 

Unlike many activists, so-called journalists, academics, and politicians who preach that challenges can't be overcome, my morning cycling demonstrates they can be.  On those challenging days, sometimes what seemed like an exceptionally arduous outing actually produced new personal records.  Surprising myself with greater than expected achievements.  Again, these are my achievements, not "free" gifts from some government.  But if the results are less than desired, there is no penalty for trying.  Just the opposite.

Just like days in our lives, there is coasting along in some areas, balanced with pressing hard in others.  Some parts of each day's ride are relatively easy, just as some days at work are easier than others.  Again, some days require more effort, just as is the case in life generally.  At work.  At home.  It doesn't matter, some days are just harder than others.  But that does not provide reason to fail to show up and try.  It does not justify sitting on one's arse complaining, let along expecting the government, school administrators, or others to make the day easier.  There is fulfillment when overcoming adversity.  There is joy of achievement when excelling.  

That fulfillment and joy are only possible if we engage life, if we put forth effort, if we display determination, if we just simply work hard.

Yep, all of that is what I experience each day when cycling.  And all of that is what life in America is all about.




  

#29aday

In the San Diego region, a report by Pauline Repard in the San Diego Union-Tribune tells of a special unit, "the District Attorney’s DUI Homicide Unit, created four years ago and led by Deputy District Attorney Cally Bright."  

Definitely a good start, even if belated.

The piece continues reporting on recent convictions.  Following is the listing of the convictions from the article.  Emphasis is mine.

• Marco Antonio Pastor, 31. On Aug. 1, a jury in a re-trial found him guilty of second-degree murder for an Oct. 12, 2015 head-on crash that killed Joseph Howard Crews, 77, on East Mission Road in Oceanside. Pastor had two prior DUI convictions. He faces 15 years to life in prison.

• Ricardo Vargas, 33, pleaded guilty on Aug. 2 to gross vehicular manslaughter while intoxicated for a March 27 crash on state Route 78 that killed his passenger, Martha Zulema Martinez Arambula. He faces six years in prison.

• Felix Ruiz Bazan, 26, pleaded guilty on Aug. 6 to gross vehicular manslaughter while intoxicated for being under the influence of meth when he veered into a bike lane on state Route 76 in Oceanside on Aug. 31, 2017, killing record-setting endurance cyclist Paul Cornish, 70. Bazan has agreed to a 10-year prison sentence.

• Chloe Gordon, 20, pleaded guilty on Aug. 7 to gross vehicular manslaughter for speeding and crashing her own SUV on state Route 15 on May 8, 2017. Another driver, Chi Ho Michael Lee, 42, smashed into the SUV and died. Gordon faces four years in prison.

• Michael Gray, 50, pleaded guilty on Aug. 9, the day of trial, to second-degree murder with two serious felony priors. He killed tow truck operator Fred Griffith, 55, on the shoulder of state Route 52 near Santee in a hit-and-run on Feb. 23, 2017. He has three DUI priors and faces 25 years to life in prison.

• Joshua Ness, 33, pleaded guilty Aug. 14 to gross vehicular manslaughter while intoxicated for the hit-and-run death of Michael O’Rourke as he walked across East Second Street in El Cajon on Oct. 10, 2017. He will receive a stipulated 15-year sentence.

Of the six convicted, two had multiple...say again multiple...DUI convictions.  Why on earth were they still on the road?  Did they go to prison for second and third DUI convictions?

For the other four, the average sentence was 8.75 years.  Let that sink in, less than 10 years for killing someone.  To put it in perspective, the maximum penalty for a first-degree burglary offense is six years.  

The District Attorney's office is to be applauded for their reported aggressive prosecution of those accused of causing death while DUI.  But more aggressive prosecution of all DUI, with much stiffer sentences, just might prevent some needless loss of life.  In the above, one-third of those convicted of killing someone while DUI had previous DUI convictions.  That is a pretty good indicator. 

In the above cases, maybe two of the victims would still be alive.

Tuesday's view

This article about details concerning the multiple count indictment against Congressman Duncan Hunter and his wife is the source of considerable anger.

If he is found guilty of the charges, mad as hell won't even cover it.

The source of the is not just that a member of Congress is alleged to have expended campaign funds for personal use.  Hell, it's likely lots if not all of them have.

What angers me most is that a fellow Marine Corps officer is accused of these crimes.  It is insulting and embarrassing!

Officers of Marines are held to higher standards of integrity, ethics, accountability, and responsibility.  It is simply a basic job requirement.

Once a Marine, always a Marine.

The brotherhood of officers of Marines should be sore, angry, pissed off, and just plain mad.

If Hunter and his wife are convicted, they must go to jail.

Update:  Now Hunter blames it all on his wife.  What kind of a poor excuse for a man throws his bride under the bus?

Gray Beard Monday

Alas, Sturgis 2018 is now history.  Speaking of the annual biker migration with a fellow rider earlier today (neither of us joined the festivities this year), the shortest route from San Diego to the Black Hills is riding up I-15 through the desert.

It might look picturesque to some, but it definitely isn't when the triple digit temperatures make it feel like riding through a blast furnace.  Mile after mile in the heat isn't ideal by any circumstances.  It actually sucks big time.  And riding at night is risky, due to the critters out on the pavement.  But I drift off topic.  Sturgis has passed and the annual summer road trip has yet to be accomplished, so some serious planning is in order.

Maybe up one of the perennial favorites, the PCH (Pacific Coast Highway) into Oregon?

Now that's more like it!  A truly marvelous ride, heading north or south, particularly with a buddy.

Maybe with a stop for a bite at the Whale Watcher Inn.

Wait a minute, though.  I haven't checked, but the wildfires might exclude large sections of this near perfect route.

Keerapp!  Guess I shouldn't plan on riding the PCH this year.

Back to the map to plan something adventurous for this year's ride.  Stay tuned for updates.

Before finishing this post, it's only appropriate to offer a bit of humor to fellow bikers, with a big shout out to the V-twin crowd.  Check out this link, turn up the speakers, and prepare to chuckle.

Standing for one who stood for us

A picture is worth a thousand words, as the saying goes.  In this one, military veterans from the SoCal Patriot Guard Riders serve as pall bearers for a homeless Marine Corps veteran who was killed by a hit-and-run driver, while he slept on the sidewalk. 

Standing for one who stood for us.

Thursday gray beard views

It might be taken from this New York Post story that Colin Kaepernick was more interested in money than his protests.  By passing on a job offer, admittedly for less money, he also passed on being able to continue his protest on field.  Of course, one might compare less money to no money.

Thinking of his protest, he's my take.  He can and certainly did choose to "take a knee" during the playing of the National Anthem.  And teams have chosen not to hire him.  To those who scream First Amendment, that actually prohibits the government from "abridging the freedom of speech."  Private entities are not so constrained, unless specific black letter law or court opinions refer.  A private, read business entity, can assign consequences to employees for their speech (which courts have determined includes some actions).  The actual First Amendment wording:  "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."  Mr. Kaepernick, there are consequences for our actions.  Some pleasant, some not.

On another hot button topic, this Washington Post photo story looked at teachers training to carry firearms on campus.  From limited experience on three school campuses (a middle school, a university, and a combined middle/high school), after a 30 year active duty military including an assignment in providing physical security, I have concerns.  From the limited experienced previously described, I'd fear arming the wannabe, weak willed, hesitant in a firefight, unwilling to take a life (those thinking just pointing a weapon ends the gunfight), and general teachers and staff.  To be sure, there are some that could/would do that which is necessary to protect the students and end the threat, those who would march to the sound of gunfire and react appropriately.  But they are a small number at each site.  Of course, others most likely would not seek to arm themselves.  But there may be those seeking to impress or believing a gun safety course properly prepares them.  Further, site administrators are not qualified to decide who should/should not be armed.  RIGOROUS, scenario based, realistic CQB (close quarters battle) training and evaluation, qualification, and regular re-qualification run by law enforcement is the right protocol for districts considering arming teachers.  As a fellow veteran observed, shooting holes in paper targets that do not shoot back, all the while wearing ear protectors, isn't all that hard.  Engaging a gunman intent on killing you and others is dramatically, drastically different.

Regarding an earlier blog about #29aday and deaths from DUI/DWI, thought it might be useful to note that on average, 3,287 people per day died in motor vehicle incidents in 2016.  That exceeds the entire population of Provincetown, Cape Cod, Massachusetts; Union, Connecticut; or Blue Ridge, Georgia. 

On a positive note, according to this story, the university of Memphis is offering free tuition to the children and spouses of fallen service members.  Well Done!  And it demonstrates that Congress or state legislatures do not have to be the source of helping others.