Trump guts the First Amendment: signs Executive Order suppressing criticism of Israel

[nikcers]

So you stand with Abraham Lincoln. Good to know.



You can't do it legally, or you can't do it long before being declared a trespasser?

Anti discrimination laws. Universities are considered American institutions so they don't get to teach racism. They teach lots of progressive hatred though its usually passive agressive hatred of American culture.

 

[Brian4Liberty]

It’s incredible how difficult it can be to find links to the full and original text of just about anything. Media loves to give their spin instead.

Anyway, here’s the full text if anyone wants to peruse it. Could only find it by going to the Whitehouse website.

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. My Administration is committed to combating the rise of anti-Semitism and anti-Semitic incidents in the United States and around the world. Anti-Semitic incidents have increased since 2013, and students, in particular, continue to face anti Semitic harassment in schools and on university and college campuses.

Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq., prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving Federal financial assistance. While Title VI does not cover discrimination based on religion, individuals who face discrimination on the basis of race, color, or national origin do not lose protection under Title VI for also being a member of a group that shares common religious practices. Discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual’s race, color, or national origin.

It shall be the policy of the executive branch to enforce Title VI against prohibited forms of discrimination rooted in anti-Semitism as vigorously as against all other forms of discrimination prohibited by Title VI.

Sec. 2. Ensuring Robust Enforcement of Title VI. (a) In enforcing Title VI, and identifying evidence of discrimination based on race, color, or national origin, all executive departments and agencies (agencies) charged with enforcing Title VI shall consider the following:

(i) the non-legally binding working definition of anti Semitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance (IHRA), which states, “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities”; and

(ii) the “Contemporary Examples of Anti-Semitism” identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory intent.

(b) In considering the materials described in subsections (a)(i) and (a)(ii) of this section, agencies shall not diminish or infringe upon any right protected under Federal law or under the First Amendment. As with all other Title VI complaints, the inquiry into whether a particular act constitutes discrimination prohibited by Title VI will require a detailed analysis of the allegations.

Sec. 3. Additional Authorities Prohibiting Anti-Semitic Discrimination. Within 120 days of the date of this order, the head of each agency charged with enforcing Title VI shall submit a report to the President, through the Assistant to the President for Domestic Policy, identifying additional nondiscrimination authorities within its enforcement authority with respect to which the IHRA definition of anti-Semitism could be considered.

Sec. 4. Rule of Construction. Nothing in this order shall be construed to alter the evidentiary requirements pursuant to which an agency makes a determination that conduct, including harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights protected under any other provision of law.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
December 11, 2019.
...
https://www.whitehouse.gov/presidential-actions/executive-order-combating-anti-semitism/

The part that is extremely questionable is subordinating or outsourcing of this executive order to an outside entity. The US is now bound by a “working definition” created by some unaccountable group?

the non-legally binding working definition of anti Semitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance (IHRA)

Seems that they engaged in a little CYA here with regards to the First Amendment:

In considering the materials described in subsections (a)(i) and (a)(ii) of this section, agencies shall not diminish or infringe upon any right protected under Federal law or under the First Amendment.

There doesn’t seem to be any mention of withholding funds or anything about the BDS movement. What is the source of those claims?

 

[acptulsa]

Anti discrimination laws. Universities are considered American institutions so they don't get to teach racism. They teach lots of progressive hatred though its usually passive agressive hatred of American culture.

Oh? You think there are federal laws telling professors what they cannot say? You think professors can be arrested by the FBI if they say these things?

What about Nixon's 55 mph "national speed limit"? Was it against federal law to drive 76 in 1976? Did you have to go to federal court to fight the ticket?

 

[Origanalist]

The part that is extremely questionable is subordinating or outsourcing of this executive order to an outside entity. The US is now bound by a “working definition” created by some unaccountable group?

There doesn’t seem to be any mention of withholding funds or anything about the BDS movement. What is the source of those claims?

What do you think the whole thing is about if not withholding funds? And to have it be determined by those named. Is this a serious question?

 

[nikcers]

Oh? You think there are federal laws telling professors what they cannot say? You think professors can be arrested by the FBI if they say these things?

What about Nixon's 55 mph "national speed limit"? Was it against federal law to drive 76 in 1976? Did you have to go to federal court to fight the ticket?

Arrested no. They just won't be accredited and their degrees will be worthless. Have fun with your hatred school with degrees that mean nothing to anyone. Im sure you will get lots of people to devote their time and monies on it.

 

[Origanalist]

Exactly correct. It's just like when the feds threatened to withold federal highway funds to coerce states into adopting the 55 mph speed limit and to raise drinking ages up to 21. Universities will all fall in line, not one red cent in funding will be withheld and free speech will die a little bit more on campuses.

I absolutely agree that universities should receive no tax dollars but this is not the way to accomplish that. This is an attack on free speech plain and simple using the threat of doing something that ought to be done across the board selectively to accomplish it. "We won't steal other people's money and give it to you unless you help us violate their 1st Amendment rights." Trump gets no points for this.

ETA:And since when do conservatives come down IN FAVOR of expanding the reach of the CRA64? Seriously?

Social engineering for the win, Israeli style.

 

[Brian4Liberty]

What do you think the whole thing is about if not withholding funds? And to have it be determined by those named. Is this a serious question?

I’m more interested in the mechanics of it. How does this eventually result in withholding funds?

I assume it is related to Title VI of the Civil Rights Act? So if an entity violates Title VI they lose Federal funding? Is that how it currently works? Is there an existing legal process for this? Does it go to the courts?

Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq., prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving Federal financial assistance.

 

[Origanalist]

I’m more interested in the mechanics of it. How does this eventually result in withholding funds?

I assume it is related to Title VI of the Civil Rights Act? So if an entity violates Title VI they lose Federal funding? Is that how it currently works? Is there an existing legal process for this?
-------------------------------------------------------------

They just do it, a judge could always block it I suppose but I don't see that happening


Does it go to the courts?

-------------see above..

..

 

[Sammy]

This is the consequence of the Civil rights act.

 

[Origanalist]

I’m more interested in the mechanics of it. How does this eventually result in withholding funds?

I assume it is related to Title VI of the Civil Rights Act? So if an entity violates Title VI they lose Federal funding? Is that how it currently works? Is there an existing legal process for this? Does it go to the courts?

If an investigation indicates there has been a violation of Title VI, OCR attempts to obtain voluntary compliance. If it cannot obtain voluntary compliance, OCR will initiate enforcement action, either by referring the case to the Department of Justice for court action, or by initiating proceedings, before an administrative law judge, to terminate Federal funding to the recipient's program or activity in which the prohibited discrimination occurred. Terminations are made only after the recipient has had an opportunity for a hearing before an administrative law judge, and after all other appeals have been exhausted.

Seems I was a bit off, there is a process.

https://www2.ed.gov/about/offices/list/ocr/docs/hq43e4.html

 

[acptulsa]

Arrested no. They just won't be accredited and their degrees will be worthless. Have fun with your hatred school with degrees that mean nothing to anyone. Im sure you will get lots of people to devote their time and monies on it.

Why are you aiming that at me? You can't defend what you said, so you're resorting to offense in lieu of a good defense? I don't work for the government, and I don't work for a university.

Jeez, if most conservatives don't know how socialism leads to tyranny, it's no wonder millenials don't have the healthy distrust of socialism they ought to have.

Please, people, let's bone up on this so when the misinformed confront us, we can do better than attacking and alienating them, shall we?

There was never a federal 55 mph speed limit. There was a federal fuel tax, passed in the 1950s, and charged to everyone who bought gas or diesel at a roadside station nationwide. In 1973, a law was passed restricting the federal government from giving any of this tax revenue back to any state that did not jump through the federal hoop by passing a 55 mph statewide maximum speed limit. Any state which did not either had to pass enough state gas taxes to build highways anyway (and wind up with higher pump prices than other states) or fail to maintain half their roads.

This is how an overreaching federal government, which Constitutionally could not pass a federal speed limit, effectively did so anyway--by taxing what it had no business taxing, and withholding from states revenue which was confiscated in those states.

And this is a perfect example of how federal socialism enables federal tyranny.

 

[Origanalist]

Why are you aiming that at me? You can't defend what you said, so you're resorting to offense in lieu of a good defense? I don't work for the government, and I don't work for a university.

Jeez, if most conservatives don't know how socialism leads to tyranny, it's no wonder millenials don't have the healthy distrust of socialism they ought to have.

Please, people, let's bone up on this so when the misinformed confront us, we can do better than attacking and alienating them, shall we?

There was never a federal 55 mph speed limit. There was a federal fuel tax, passed in the 1950s, and charged to everyone who bought gas or diesel at a roadside station nationwide. In 1973, a law was passed restricting the federal government from giving any of this tax revenue back to any state that did not jump through the federal hoop by passing a 55 mph statewide maximum speed limit. Any state which did not either had to pass enough state gas taxes to build highways anyway (and wind up with higher pump prices than other states) or fail to maintain half their roads.

This is how an overreaching federal government, which Constitutionally could not pass a federal speed limit, effectively did so anyway--by taxing what it had no business taxing, and withholding from states revenue which was confiscated in those states.

And this is a perfect example of how federal socialism enables federal tyranny.

You must spread some Reputation around before giving it to acptulsa again.

 

[nikcers]

Why are you aiming that at me? You can't defend what you said, so you're resorting to offense in lieu if a good defense? I don't work for the government, and I don't work for a university.

Jeez, if most conservatives don't know how socialism leads to tyranny, it's no wonder millenials don't have the healthy distrust if socialism they ought to have.

Please, people, let's bone up on this so when the misinformed confront us, we can do better than attacking and alienating them, shall we?

There was never a federal 55 mph speed limit. There was a federal fuel tax, passed in the 1950s, and charged to everyone who bought gas or diesel at a roadside station nationwide. In 1973, a law was passed restricting the federal government from giving any if this tax revenue back to any state that did not jump through the federal hoop by passing a 55 mph statewide maximum speed limit. Any state which did not either had to pass enough state gas taxes to build highways anyway (and wind up with higher pump prices than other states) or fail to maintain half their roads.

This is how an overreaching federal government, which Constitutionally could not pass a federal speed limit, effectively did so anyway--by taxing what it had no business taxing, and withholding from states revenue which was confiscated in those states.

And this is a perfect example of how federal socialism enables federal tyranny.

This has nothing to do with socialism. This has everything to do with American institutions being able to teach hatred. If you want to start a medical school and want to have it accredited so that it holds the value of being an American institution it can't violate anti discrimination laws. If you dont like anti discrimination laws than that is a different arguement. This whole thing is basically arguing that jewish is a nationality and therefore should be treated like any other nationality.

 

[CCTelander]

Why are you aiming that at me? You can't defend what you said, so you're resorting to offense in lieu of a good defense? I don't work for the government, and I don't work for a university.

Jeez, if most conservatives don't know how socialism leads to tyranny, it's no wonder millenials don't have the healthy distrust of socialism they ought to have.

Please, people, let's bone up on this so when the misinformed confront us, we can do better than attacking and alienating them, shall we?

There was never a federal 55 mph speed limit. There was a federal fuel tax, passed in the 1950s, and charged to everyone who bought gas or diesel at a roadside station nationwide. In 1973, a law was passed restricting the federal government from giving any of this tax revenue back to any state that did not jump through the federal hoop by passing a 55 mph statewide maximum speed limit. Any state which did not either had to pass enough state gas taxes to build highways anyway (and wind up with higher pump prices than other states) or fail to maintain half their roads.

This is how an overreaching federal government, which Constitutionally could not pass a federal speed limit, effectively did so anyway--by taxing what it had no business taxing, and withholding from states revenue which was confiscated in those states.

And this is a perfect example of how federal socialism enables federal tyranny.

"You must spread some Reputation around..."

 

[acptulsa]

This has nothing to do with socialism.

Oh, it doesn't? Federal restrictions on speech about Israel tied to cutting off revenue is, in your mind, the free market in action?

Well, alrightie then.

Like I said, no wonder the children are so empty headed they're easy to brainwash.

 

[Anti Federalist]

But that's not happening.

What's happening is, they are jumping through Israel's hoops and they are landing in a big, fat pile of your and my money.

Sorry to burst your bubble.

So let them.

Let the snowflakes continue to holler and demand divestment, and the whole thing falls apart.

They talk a big game about principles, well, let's see them act on them.

 

[nikcers]

Oh, it doesn't? Federal restrictions on speech about Israel tied to cutting off revenue is, in your mind, the free market in action?

Well, alrightie then.

You can slice my argument apart so that you can strawman all you want everyone knows what i articulated so they know what you are doing. Why do you think jewish people should be able to be treated differently than other nationalities or why do you think this executive order is an anti discrimination law in itself do you have trouble reading?

 

[Origanalist]

This has nothing to do with socialism. This has everything to do with American institutions being able to teach hatred. If you want to start a medical school and want to have it accredited so that it holds the value of being an American institution it can't violate anti discrimination laws. If you dont like anti discrimination laws than that is a different arguement. This whole thing is basically arguing that jewish is a nationality and therefore should be treated like any other nationality.

So, they don't openly discriminate against whites?

 

[nikcers]

So, they don't openly discriminate against whites?

Oh no i offended the snowflake who sees white racism everywhere lol /s. No i said earlier that they teach passive aggressive hatred towards American culture which includes whites. Just like that whole white replacement gets sidelined because it gets labeled a white thing. Every person growing up in American culture that had to deal with Obama's job killing regulations like Obamacare where job growth in tax funded careers went up while everything else went down and average wages went down while cost of living went up is being replaced by people who are from a culture of a lower standard of living. You dont hear the democrats talking about black replacement even though more black babies are aborted in new york than born because they can't blame the bad orange man for the rise of white nationalism if its not about race. The Obama administration made the cost of living go up and average wages go down and told kids to live with their parents until they were 25 and when they couldn't get a job in a non tax funded field because only medical fields were gaining jobs because baby boomers were getting older and needed more medical treatment they told them to take out a college loan they can't pay back. Do you think its frowned upon to have kids in your moms basement in American culture??? How about when you cant afford them because you took out a college loan because there werent jobs in lower paying fields and you didnt go to medical school so now you have a shit job and are paying off your student loan and cant afford more kids while living an American cultural lifestyle??? Do you think importing a bunch of cheap labor to take all the lower paying jobs while mandating healthcare benefits that employers get around by offering jobs for less than full time hours for the same amount of work because immigrants or okay with the salary or that get passed on to the employee helped people start a family in their moms basement??? No but the left wants to make it about absurd racial arguments. They want to say unemployment dropped even though progressives were occupying wallstreet. They want to say Obama recovered the economy even though average salaries went down while the cost of living went up.

 

[Brian4Liberty]

What do you think the whole thing is about if not withholding funds? And to have it be determined by those named. Is this a serious question?

What is this really about? Probably about setting precedents, and granting governmental powers to a non-government outside organization. Law written by an unaccountable private organization. That should provide more than enough outrage.

Imagine an EO that stated:

Sec. 2. Ensuring Robust Enforcement of the Second Amendment.

(i) the non-legally binding working definition of guns rights adopted on May 26, 2016, by the Guns Owners of America (GOA), which states, “the right to own, purchase and bear arms shall not be infringed in any way, shape or form”; and

(ii) the “Contemporary Examples of illegal gun control measures” identified by the GOA, to the extent that any examples might be useful as evidence of discriminatory intent.

How long would that EO stand?

Just to be clear, this latest Trump EO should be unconstitutional based on the fact that it is the Executive Branch delegating Congressional legislative powers to an unaccountable non-governmental organization.