Sworn to uphold their whims

[T]he San Francisco Board of Supervisors … voted unanimously to brand the National Rifle Association, an association with millions of American members, a domestic terrorist organization.”

… [T]he NRA and its members are generally law-abiding. The resolution therefore claims that even otherwise lawful acts—such as training or providing funds—that assists or enables someone you should have known might misuse weapons constitutes material support.” That includes the NRAs advocacy,” propaganda” and promotion” both of gun ownership and of extremist positions.” In a word, speech. Thus the supervisors purport to classify as terrorism the expression of opinions with which they disagree.

The resolution is mostly symbolic, but it does order city officials to take every reasonable step to limit those entities who do business with the City and County of San Francisco from doing business with” the NRA. That’s almost certainly unconstitutional. In Board of County Commissioners v. Umbehr (1996), the Supreme Court held that terminating a contract in response to the contractor’s protected speech violates the First Amendment. The vote was 7-2, with only Justices Antonin Scalia and Clarence Thomas dissenting.

Walter Olson

Note that they voted unanimously.”

I still want to visit San Francisco (I have been there, but just for dinner with fellow Palo Alto conferees and then killing eight hours before a flight from San Jose), but living there might be even more frustrating than living in Trump’s America.

Idiots swear to uphold the constitution and then do whatever-the-hell they or they constituents feel like doing today. They do similar things, generally less blatantly, here in flyover country (e.g., denying building permits to Mosques). This sort of thing, folks, is why it’s important to have a written constitution.

September 9, 2019


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