Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts

Wednesday, April 30, 2025

Separation of Church and Court


Without reinventing the wheel or attempting to relive history, I will jump straight to the subject matter at hand.


The Supreme Court created a doctrine. The Doctrine of the Separation of Church and State.  And ever since, the state has violated the Separation of Church and State.  The First Third of the First Amendment reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;


Note the obvious.

CONGRESS

LAW

AN ESTABLISHMENT

OR PROHIBITING THE FREE EXERCISE


The case began back in the day when someone obected to her daughter being "required" to pray in school. 

"Okay.  You don't have to pray."

But that wasn't good enough. If she doesn't want to pray, no one is allowed to pray. And there the Court overstepped its bounds.  There we moved from the Right to Accomodation to the right to infliction.


Through the magic of metaphor, East Side High School is playing West Side High.


Just before the kickoff, the Principal of East Side High heads to the bench to wish the team luck. There, he hears the Coach say, "You can do what you want, but before the kickoff, I'm going to kneel and pray for victory."  The Principal is incensed.  He orders the Coach not to pray. But the Coach defires his order. Come Monday, the Principal fires the Coach for insubordination. And the Coach sues.


Meanwhile, across the field, the Coach of West Side High is giving his team a pep talk.  The Principal shows up and tells the Coach, "Before the kickoff, I want you to kneel down and pray for victory." The Coach refuses.  Come Monday, the Principal fires the Coach for insubordination. The Coach sues.


The Cases go to the Supreme Court.  Not a Liberal or Conservative Court.  Not a Democrat or a Republican Supreme Court.  But rather to a Slim Fairview Supreme Court.


The Court Rules on the Case of West Side High.  The Court rules that by ordering the Coach to pray, the Principal violated the Separation of Church and State and orders the Coach reinstated the Coach with all back pay and benefits and seniority.


Then the Court rules on East Side High. The Court rules, by telling the Coach he cannot pray, the Principal violated the Separation of Church and State. Specifically, "nor prohibit the free excercise thereof."  


The first ruling of the Courts on the matter failed to distinguish between the institution and the individual.  To paraphrase the ACLU, When the Coach enters the school, he does not leave his First Amenment  Rights out at the Gate.


While the Schools cannot require prayer, the Schools cannot prohibit prayer.


Best wishes,


Slim.



The Quotations of Slim Fairview

Copyright © 2024 Robert Asken

All rights reserved





Thursday, February 25, 2016

Tim Cook's Algorithm

The Decision Making Algorithm 
 

Tim Cook has two choices.

1.  Comply

2. Defy


If he complies, the legal case is rendered moot.

If Cook Defies, there are two outcomes.

The Court rules for Mr. Cook

The Court rules against Mr. Cook.


If the Court rules against Mr. Cook he may:

Claim the moral high ground,
Blame he FBI
Blame the Court
Claim he did everything to protect the privacy of customers from Government Intrusion
Fail to keep the encryption private.


If the Court rules in favour of Mr. Cook, Mr. Cook may

Claim victory,
Trigger action by Congress that will have a negative long-term impact.
Provide a Market Penetration and Ad Campaign opportunity for his competitors.


YOUR
LOGO
HERE

We will protect our customers' privacy against Government Intrusion.

We will protect our Customers from Terrorist Attack


Will expose the Apple Brand to irreparable harm if a terrorist attack is facilitated by Apple Encryption.

Will invite other nations to promote their National Brand Phone Company and trigger nationalism by its citizens.

A terrorist attack in other nations will be blamed on Apple and on the US.


Look at the history Rights v. Security.

Efforts to legislate security measures were thwarted by those who claimed the efforts would have a chilling effect on our Civil Liberties.

9/11 The attacks on the World Trade Center and the Pentagon.

Result:

Body scanners and strip searches at airports.

The Citizens' Response?

"Well, it is an intrusion into our civil liberties, but if it keeps us safe....."

The new normal?  Body Scanners and Strip Searches and Public Concession.


Tim Cook is in a lose lose situation.  

I understand the problem.

If I keep it quiet, the word will get out and I will lose street cred.
If I go public, I will have broad based public support and come out a hero.

The entire paradigm surrounding the Apple v. FBI is not new. It is old. The same rhetoric was applied time and time again with the same results, time and time again.

Einstein: The definition of Insanity is doing the same thing over and over again and expecting different results.  Welcome to our National Insanity.


Warmest regards,

Slim.



Copyright (c) 2016 Bob Asken
All rights reserved.