Search Results for: randazza

Randazza gets PWNED by Troll

Some people in our audience do not know the finer points of trolling…

Wow… there I was, all proud of the article I just wrote about journalism licensing.

And five minutes after posting it, I get word that I've been trolled. Yep. The proposed law was a Second Amendment protest. I would love to say "I knew that all along." No, I did not. I failed to critically examine the story. Epically failed.

I thought about updating the post. No. When I get trolled and epically owned, I need to go to the box for two minutes by myself, and I feel shame.

I go free when you say I go free. I feel shame.

Please Welcome Marc Randazza to Popehat

You may be entering a world of pain, readers.

You may be entering a world of pain, readers.

Long-time Popehat readers are familiar with Marc Randazza, First Amendment badass whose efforts to defend free speech are a frequent subject here.

Now we're very pleased to welcome Marc as a Popehat co-author. He may still blog at Legal Satyricon and CNN on occasion, but watch for his posts on First Amendment and cultural issues here.

Full disclosure: Marc is both a friend and a client, and has sometimes represented me as well. Though we may still occasionally cover his cases, the fact that he's a blogger here now will likely change the nature and tone of coverage, as as we tend to be more sparing in covering my cases.

Please join me in welcoming Randazza.

Roca Labs, Lacking A Hornet Nest Into Which It Could Stick Its Dick, Has Sued Marc Randazza

This crazy litigant goes to 11.

Roca Labs, you may recall, is the weight-loss-goo purveyor that is belligerent, litigious, and sensitive to criticism to a pathological degree. Last month I wrote about how they require their customers to sign no-criticism contracts, and had sued PissedConsumer.com for carrying negative reviews. Yesterday I lit the Popehat Signal to seek help for customers Roca Labs has targeted with vexatious litigation — including, in what no doubt is just a big coincidence, one of the witnesses against them in their first litigation.

Can Roca Labs push the envelope more? Yes they can.

Today Marc Randazza — counsel for PissedConsumer.com in Roca Labs' frivolous suit — filed an updated notice of related cases in the PissedConsumer case. That updated notice revealed that Roca Labs has now sued Randazza himself for his activities defending PissedConsumer.com.

The complaint itself — which I have uploaded here — brings the crazy and brings it good and hard. It was penned by Roca Labs' latest attorney, one Johnny G. DeGirolamo, a 2009 law school graduate and 2011 bar admittee, whose website is www.inlawwetrust.com. No, really. His site offers a flattering headshot of a smiling advocate, and it was a very good choice to use that picture rather than, say, his booking photo.

Roca Labs, through Johnny G., accuses Marc of interference with economic advantage and defamation per se1, demands a declaration that Randazza is wrong and he is libel, and moves for an injuction telling Marc to shut up. Yeah, good luck with that.

But that ain't all. The complaint is a model of prissy pearl-clutching. Johnny G. is aghast that Randazza has provided legal services to adult entertainment companies. Goodness gracious! Johnny G. is horrified that Randazza has been "an outspoken advocate for Phillip Greaves, the author of 'The Pedophiles Guide to Love and Pleasure.'" To be more accurate, Randazza has been an outspoken advocate for the First Amendment issues presented by Greaves' case, but it's not surprising that a First Amendment distinction is lost on the sort of attorney who wold represent Roca Labs. Johnny G. is cheesed off at Randazza's catchphrase murum aries attigit, which apparently suggests a level of aggression that is upsetting to a company that flails around suing its customers for criticizing it. In short, Johnny G. — bless his heart — does his best to make Marc Randazza sound terrible, and only wind up making him sound knowledgeable about free speech.

On to the substance of the claim, if I may use the term very generously. Roca — through Johnny G. — asserts that Marc has been defaming Roca Labs during this litigation by making statements to the press (or, as Johnny G. puts it, to "webzines") and then putting those same statements in court pleadings. They imply he's trying to cloak his statements to the media with litigation privilege by repeating them in court filings. This theory is . . . odd.

Moreover, Johnny G. and Roca Labs are conspicuously vague about exactly what statements are defamatory, and exactly how. Other than complaining that Randazza defamed Roca Labs through a very clearly satirical tweet on Halloween, there are few specifics. Roca Labs complains that Randazza's purpose is to "mock, ridicule, humiliate, harm, and continue his war against ROCA," but that's not very specific. Roca Labs complains about statements in articles by TechDirt and tries to attribute them to Randazza, but doesn't explain exactly what Randazza said and exactly how it was wrong. That lack of specificity is probably deliberate — if Roca Labs admitted they were mad over the term "snake oil," they'd have to confront the fact that the phrase is obviously protected opinion. See, e.g., Phantom Touring v. Affiliated Publ'ns, 953 F.2d 724, 728, 730–31 (1st Cir.1992) (holding that description of theatre production as “a rip-off, a fraud, a scandal, a snake-oil job” was no more than “rhetorical hyperbole”). Moreover, in some parts of the complaint Roca Labs is attacking statements that are clearly, objectively true based on Roca Labs' own court documents. For instance, Roca Labs angrily quotes a paragraph in which TechDirt accused them of trying to silence customers. Which is what they are doing.

Finally, the complaint attaches a motion for a temporary injunction, in which Johnny G. demands that Randazza cease and desist saying mean things about Roca Labs, retract prior mean things, and remove any online content about Roca Labs. At this point I have to admit that I don't know whether Roca Labs and Johnny G. are powerfully stupid, breathtakingly cynical, unapologetically unethical, or all three. Despite the fact that they are suing a renowned First Amendment lawyer, despite the fact that they are demanding an injunction silencing him, despite the fact that they have lost a similar injunction request in which Randazza schooled them on the First Amendment and prior restraint issues, and despite the fact that it is clear those issues will arise again, their motion makes no mention whatsoever of the overwhelming First Amendment and prior restraint issues presented by their demand.

Roca Labs is mistaking aggression for strategy. Randazza, by filing his notice of related case, has alerted the federal court hearing the PissedConsumer.com case that Roca Labs is flailing around suing opposing lawyers, which will not go over well. Roca Labs has hired what appears to be an improbably matriculated Muppet to champion their case, despite a patent lack of qualifications. Roca Labs thinks that suing Marc Randazza to shut him up is going to end well. They should have asked Raanan Katz or Crystal Cox how that would turn out.

I'm calling it: Roca Labs has achieved Prenda status.

Edited to add: Adam Steinbaugh explains why Roca Labs' attempt to evade the litigation privilege is so frivolous.

Marc Randazza Defeats The Very Sensitive Raanan Katz On Prior Restraint Issue

Remember Miami Heat owner Ranaan Katz? He's the easily offended fellow who goes around suing people because there's a mildly unflattering picture of him on the internet. Previously I wrote about how he sued a blogger who was relentlessly critical of him, threatened to sue the blogger's lawyers — including First Amendment badass Marc Randazza — for representing her, and eventually convinced a Florida judge of questionable judgment to issue a broad, unprincipled, and unconstitutional prior restraint against blogging negatively about Katz.

Sometimes the bad guys win, I said after that ludicrous injunction. But there's another apt cliche — it ain't over 'till it's over.

Yesterday the blogger, represented on appeal by Marc Randazza and Jeffrey Crockett, won on appeal. Their victory was won in part by the hard work of Darren Spielman and Robert Kain in the trial court. The Third District Court of Appeal for Florida issued a broad and helpful opinion soundly rebuking the trial court for its prior restraint injunction.

I've been talking about prior restraint in the context of the Roger Shuler story. The concept, at its heart, is that the law (both constitutional doctrine and the common law of most states) allows a court to punish some speech after it happens, but with very few exceptions doesn't allow injunctions prohibiting speech in advance. The Florida court was blunt about the impact of Florida law:

Injunctive relief is not available to prohibit the making of defamatory or libelous statements. See, e.g., Vrasic v. Leibel, 106 So. 3d 485, 486 (Fla. 4th DCA 2013). A temporary injunction directed to speech is a classic example of prior restraint on speech triggering First Amendment concerns. Id.

The court noted a Florida exception — prior restraint might be permitted when the speech at issue is not just defamatory, but also constitutes a business tort like interference with business relationships. You can see how that could become the exception that swallows the prior restraint rule when the censorious plaintiff is a businessperson like Raanan Katz. Fortunately the court here demanded more than allegations; it demanded proof of interference with business relationships from the blogger's insults, and found that Katz had provided none:

However, as in Murtagh, the record before us fails to support an inference that Ms. Chevaldina’s blogs are having a deleterious effect upon prospective tenants. The temporary injunction should have been denied for a failure to show with reasonable certainty the elements of tortious interference, as there was no evidence of unjustified interactions with specific parties known to be involved, or likely to be involved, in an advantageous business or contractual relationship with the appellees.

(By the way, it's not clear to me at all that this Florida doctrine of "prior restraint is acceptable if you associate it with another tort in addition to defamation" meets constitutional muster, but this decision shows a court requiring actual proof of harm, which is a good thing.)

Moreover, the Florida court also found that the injunction below was overbroad — that is, it swept far more speech than what could be arguably defamatory, and prohibited far more than the rare cases permitting prior restraint have allowed:

The injunction under review prohibits Ms. Chevaldina from: “directly or indirectly interfering in person, orally, in written form or via any blogs or other material posted on the internet or in any media with Plaintiffs’ advantageous or contractual business relationships”; and “directly or indirectly publishing any blogs or any other written or spoken matter calculated to defame, tortuously interfere with, invade the privacy of, or otherwise cause harm to Plaintiffs.” This injunction improperly burdens Ms. Chevaldina’s speech more than necessary, attempts to enjoin future defamation, and fails to put Ms. Chevaldina on notice as to what she may or may not do under the injunction.

That language is key. As I said before, one of the main flaws with the unprincipled prior restraint order the trial court issued was that it was impossible for the blogger to determine what speech was prohibited, and the order effectively prohibited even truthful negative speech about Katz.

The court also overturned the injunction against trespass and stalking, finding that Katz had not submitted evidence of such activities, and rejecting the notion that blogging is "cyberstalking":

The appellees argue that Ms. Chevaldina’s blog posts constituted “cyberstalking” and therefore provided “incidents of violence,” i.e., stalking, as to justify an injunction pursuant to section 784.046. However, the appellees failed to introduce evidence that specific blog posts were being used “to communicate, or to cause to be communicated, words, images, or language . . . directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.”

This part of the ruling is important because overbroad notions of "cyberstalking" and "cyberbullying" are now a primary front in the war between free speech and censorship; it's common for censors to argue that unwelcome online speech about someone should be treated like repeated unwelcome communications to the person.

Finally, the Florida court ended with a helpful flourish, putting blogging into the the context of classic rhetorical tropes of free speech analysis:

Angry social media postings are now common. Jilted lovers, jilted tenants, and attention-seeking bloggers spew their anger into fiber-optic cables and cyberspace. But analytically, and legally, these rants are essentially the electronic successors of the pre-blog, solo complainant holding a poster on a public sidewalk in front of an auto dealer that proclaimed, “DON’T BUY HERE! ONLY LEMONS FROM THESE CROOKS!” Existing and prospective customers of the auto dealership considering such a poster made up their minds based on their own experience and research. If and when a hypothetical complainant with the poster walked into the showroom and harangued individual customers, or threatened violence, however, the previously-protected opinion crossed the border into the land of trespass, business interference, and amenability to tailored injunctive relief. The same well-developed body of law allows the complaining blogger to complain, with liability for money damages for defamation if the complaints are untruthful and satisfy the elements of that cause of action. Injunctive relief to prohibit such complaints is another matter altogether.

This is exactly right. Censors attempt to treat blogging as something substantively different that takes it outside classic free speech protections, but there is nothing new under the sun, and blogging gets the same protection as other speech.

This is a huge and embarrassing defeat for the thin-skinned and entitled Raanan Katz and his aggressively censorious lawyers, and a huge victory for Marc, Jeffrey, Darren, Robert, and free speech. Well done. DON'T SUE ME RAANAN.

"The Takedown Lawyer": Let's Help Marc Randazza Investigate A Scammer, Shall We?

I've been out of sorts of late, riven with the suburban fin de siècle, plagued with ennui, angst, weltschmertz. You know — moping.

There's only so many free speech cases I can write about in a week. Nobody pony-worthy is writing to me. I'm waiting for a couple of shoes to drop on the UST Development fraud investigation.

If only there were a nice juicy scam out there to chase . . .

Marc Randazza to the rescue!

[Read more…]

Marc Randazza, Whose Side Are You On?

In the great Man-Ape war, Marc Randazza was once once of humanity's most trusted leaders. Hell, like I said before, he declared the War on Apes.

So why is he now fighting for the intellectual property rights of the ape-kin, rights that will only be used to weaken humanity's will with the apes' seductive wildlife photography and reality television programming? Has he faltered? Has he weakened? Has he changed sides and betrayed us? Or, giddy with victories over copyright trolls and dog-shooting SLAPP-suiters, does he imagine that he has transcended right and wrong, friend and foe, Man and Ape?

Don't forget where you came from, Marc Randazza. Those apes may groom you, they may pound their chests and roar in a manner that appeals to your litigation style, and they may even display a better grasp of the First Amendment than the average state legislator. But always remember that you are not one of them. You're one of us, God help you.

Marc Randazza, My Weird, Scary Hero

We'd have covered the lawsuit filed by University of Miami law professor Donald Jones against the legal gossip site Above the Law yesterday, except that we were busy.  And everyone else got to it first.

Suffice it to say that the lawsuit was ridiculous.  It betrayed fundamental misunderstandings of law, and the nature of the internet on the part of its author. The best blogposts on the matter were written by Ben Sheffner, analyzing the demerits of the suit, and Eric Turkewitz, who played against type and provided wise, conciliatory counsel to the plaintiff, the sort of advice one might expect from, oh I dunno, a law professor.

(And by, "against type" I don't mean Turkewitz isn't wise.  I mean that his conciliatory advice doesn't play into the stereotype of a plaintiff's personal injury attorney, but I digress…)

The suit was dismissed, voluntarily and without prejudice, one day after news of it broke on the web.  We're pleased to note that Above the Law was represented by longtime Popehat friend Marc Randazza, who blogs on the First Amendment among other things at the Legal Satyricon.  Randazza got the case dismissed with one letter.

Randazza, an "adjunct" professor himself (meaning he actually practices law) has long maintained that the legal academy does a poor job of educating its students.  Non-adjunct, "academic" professors, tenured or not, are often so removed from the practice of law (at least as it relates to litigation) that they have little of practical benefit to offer the eager young minds who pay their exorbitant salaries.

I think this case proves Randazza's point.

Why we need "White History Month" Too

You're missing the point

You're missing the point

Easy answer:

We do not need "White History Month."

"White Pride" is not the same as "Black Pride."

I'm really sick of hearing this garbage, as we hear every February. And remember, I'm the guy who keeps screaming that political correctness and identity politics are out of control. So hopefully that keeps at least one person's attention here.

Let me explain this to you, if you're genuinely confused. If you're just a dick or a white supremacist, you can just jump down to the comments and call me names now. I'm neither getting through to you, nor trying.

Race is a political construct. You know who invented "blackness?" Slave traders. There was no concept of "Black" as an identity before slavery. But, in a world that wanted slaves, but the concept of slavery being completely fucked up, there had to be a way to justify it. It didn't take genius to say, "lets just enslave people who look really different from us."

"African American" is an "ethnicity" created by the institution of slavery, and then perpetrated by Jim Crow.

Let me explain this to you in Italian terms:

Before there was an Italian nation, Prince Metternich of Austria made remarked that Italy was just “a geographical expression”. When he said that in 1847, there was no “Italian” identity.  “We” identified with our town or province.  “We” were not a unified people, “we” did not speak the same language.  “Italians” had not all been under the same flag since ancient Rome.  
 
A more aspirational quote came from Massimo d'Azeglio.  After unification in 1861, he said “we have made Italy; now we must make Italians.”  At that time, only 2-3% of the population spoke “Italian,” and even the King and Cavour barely spoke it – speaking regional languages instead.  
 
Although Metternich intended his comment to be dismissive of Italian unity, he was in large part correct.  Someone from Palermo had little in common with someone from Torino. There was no common language, and “Italian” was no more an ethnicity than “Balkan.”  To make “Italians,” it was necessary to forge a unified identity.   
 
Strangely enough, this happened in Italian America even before it really happened in Italy.  Immigrants, arriving here from “the old country” were all looked at as “Italians” by the existing Americans.  In my home town, the “Italian” immigrants (mostly from Sicily) referred to anyone who was not like us as ‘medegani – Americans.  This artificial divide helped forge an “Italian” identity in America – in some ways making d’Azeglio’s dream a reality in Little Italy before it was a reality in Italy itself.

Similarly, but at the same time, really differently, Africans wound up in America from a mishmash of different places, traditions, languages, and ethnic groups. But, unlike the Italians, who didn't have their languages beaten out of them, didn't have their families forcibly broken up, and didn't have the choice to go back where they came from taken from them, the "Blacks" wound up mixing together — forming a "Black" ethnicity.

Now I really chuckle when I hear other Italian Americans say "yeah, well the Italians got treated like shit too." Fine, yes, they lynched some Italians in New Orleans, and Sacco and Vanzetti were innocent, and went to the chair because they were Italians. If you think that puts Italians at the same level of getting-fucked-over and being the subject of generations of disrespect as the Blacks, you're out of your lasagna-slinging mind. At least "we" can go back to our ancestral town, if we're one of the Italians who bother to give a shit where our grandparents came from (and fucking shame on you if you're Italian and you don't know).

Meanwhile, the furthest back most African American families are going to trace there heritage is to some bill of sale in Savannah.

Point being, this is a "new" ethnicity, and even once Black America gained its freedom, at about the same time that Italy became a thing, it then found itself under the thumb of 100 years of Jim Crow and capitalism-cum-racism. So, while (for example) the Jews suffered under multiple attempts at genocide, they could reach back to 3,000 years of history and tradition to keep their shit together. Meanwhile, "Black History," almost didn't exist.

Duh

Duh

African Americans are descendants of the most fucked over group of people that history has ever recorded. Because I can't think of any other group of people who were so thoroughly detached from their ancestry, then kept as chattel, and molded into an ethnicity by people who didn't treat them as human beings.

And meanwhile, your Czech-descended, or Irish-descended ass is worried about whether you need a little bit of "White Pride?"

There is no "White" — ok? "White" is actually a collection of ethnicities, all of which have their own history, their own languages, and their own trail and identity they can pick up. The most downtrodden Pole is still not wondering if anyone knows that Poland gave anything to civilization. We've all heard of Copernicus, we all know about Galileo, Nikolai Tesla is practically a folk hero. Anyone "White" who thinks they need "White Pride" or "White History Month" is forgetting that they're something other than "White."

And, if you only identify as "White" and not the underlying whatever-you-came-from, then shame on you, or your parents, or grandparents, or whoever decided to let go of the thread of your identity. Nobody cut that on you. Nobody forcibly severed you from that connection. Nobody created your identity. You either still have it, or you gave it up.

You're not oppressed this month. You may have had a shitty life. Your parents may have too. You may even come from five generations of imbeciles and losers, but that is hardly the same as the black experience. Yes, at some point, Black people have to take responsibility for themselves and stop complaining that white people caused all their problems.

That's not what Black History Month is about. Black History Month is about recognizing that there is this unique group of people here, who happen to be 13% of the population. They happen to have done at least 13% of the work in bringing America to where it is today. They also happen to have brought much more to the table than great basketball players and collard greens. The fact that some of us don't know that is something worth dealing with and fixing. Further, its not such a bad thing if the black community has a month to be a little bit more proud, since on average, most months in black history have been really really shitty months.

So please shut up about Black history month (well, at least if it bothers you). Black history month is not "unfair." Black history month is not racist.

Go enjoy it, show a little respect, and if you're not careful, you might learn something.

The Moroz Family – From the Soviet Union to the Liberal Gulag

A case of overreaction

A case of overreaction

It is said that if you are a young conservative you have no heart, and if you are an old liberal, you have no brain.

As a 46 year old Liberal, I take offense at half of that, but I would not wish to stop anyone from saying it.

Unfortunately, I feel like an endangered species – the Liberal who embraces dissent and debate. As a Liberal, I have always valued education – as I look at places of education as places where we manufacture Liberals — by educating people. To me, wide open and robust debate and the revelation of knowledge will inevitably drive one to the Liberal view – but to get there, we must tolerate views with which we disagree.

I realize that this may not always be the case. But, I have sufficient confidence in my views that I enjoy seeing them challenged, confronted, and either torn down, reconstructed, or galvanized in the fire of intellectually rigorous discussion. If they can not survive this crucible, then they merit their place on the trash heap.

Unfortunately, my view of places of learning as the font from which free speech flows is showing its rust and stretch marks. Now that people (I guess) who are of my like views are largely in charge of education, the prevailing view is to end the debate. Declare victory. The discussion is closed.

A burning example comes to us from Philadelphia, within a stone’s throw of Independence Hall and the Liberty Bell. There, Michael Moroz is the son of Soviet immigrants. I interviewed Michael’s mother, who told me that they left there because they wanted their son to be able to grow up with freedom. Freedom to speak his mind without concern that saying the wrong thing would mean that the state would come down on him. She believed our marketing materials for "The American Way."

She now believes that America did not come as advertised.

Michael is a high school student at Central High School in Philadelphia, and is also the managing editor of his high school newspaper, “The Centralizer.” He recently wrote an article called “A Case of Overreaction,” which criticized the Black Lives Matter movement.

I didn’t particularly agree with the article, but I found it to be well written and well presented. It was originally printed alongside an article that supported the BLM movement. Two opposing points of view, presented to the reader – who is left to decide which is more persuasive. This was the marketplace of ideas in action.

But, the Regressive Left does not want debate. The Regressive Left does not want, nor tolerate, a marketplace of ideas. The Regressive Left leaves no room for dissent. The Regressive Left does not want a free press, just public relations for them. You’re either with them, or you’re “a racist.”

Michael's fellow students took to social media to try and convict him, all in one movement, of his treasonous thoughtcrimes. They posted that someone ought to shoot him. There were calls that he must be “dealt with.” One wrote that “[he thinks] his white privilege will keep him from getting ‘popped.’” Even an alumnus proudly wrote, “Black students at Central will handle their business.”

Michael's fellow editors then censored his article, “If an article comes across as insensitive, and the Central community would rather have it taken down because of this, then the article will be taken down.” Remember, only Moroz’s article was censored for being “insensitive.” Meanwhile, the counterpoint – the “politically correct” perspective was not. Enter the state — administrators backed the decision. (source)

One would expect that the principal would clamp down on threats of violence against a student in his care. After all, if we condone censorship in the name of "sensitivity", then certainly we would do the same when calling for the boy's safety to be compromised. One would perhaps expect the Principal to even call for a “safe space” for a minority view like Michael’s to be able to flourish – even if only to be rejected.

Instead, the principal seems to have sided with the censors, although three of the students issuing specific threats were, ultimately, disciplined. (source) The student paper’s faculty advisor promoted someone else to serve alongside Michael as managing editor and then stripped him of the right to access the paper’s accounts. Moroz claims his faculty advisor admitted to diminishing his authority because the paper was “receiving email requests from media.”

Moroz’ parents left the Soviet Union because they did not want to have their son grow up in a country that suppressed and intimidated disfavored political views. They moved to America – Philadelphia no less – so that they could live in a country where dissent and diversity of thought would be welcomed.

Moroz got a little trip into the mentality that his parents sought to escape. He had the wrong politics, and thus he was subject to harassment, intimidation, and a different set of rules than if he would just be a good boy and get in line with the favored viewpoint.

Of course, in Soviet Russia, hyperbole rhetoricals you. And here, the KGB did not kick down his door and whisk Michael off to the Lubyanka building. Nobody froze to death in a gulag. So, I'm not in a state of panic for him. But, this is how it begins. We don't wake up one day, and overnight, you're not allowed to have a dissenting viewpoint.

No, first they come for the conservative students, and maybe you don't speak up because you're not a conservative student… Michael was subjected to a hail of abuse and genuine threats, with those who should have protected him complicit, even if they were not active participants. (Although, I would say that every adult should have stood up to protect him).

I wouldn't be half as outraged if Michael simply suffered social ostracism for not conforming to his peers' prevailing views. Sometimes, thinking a little different than everyone else means you have to take a little shit. But, that's when the adults are supposed to step in and act like referees – keeping the game fair (at least as long as Roger Goodell isn't involved).

But, when the administration condones it, even tacitly, something is damned wrong. When the rules for one side of the debate permit censorship in the name of "sensitivity," but the other side of the debate is licensed to speak, something is terribly wrong. When a student gets death threats for an article in a student newspaper, and every single teacher in that motherfucking school was not standing next to him, supporting him, then the place should be razed to the fucking ground, and every teacher in the place marched out into the fields to grow rice until they drop from exhaustion. Fuck them.

That school "license[d] one side of a debate to fight freestyle, while requiring the other to follow Marquess of Queensberry rules." See R.A.V. v. City of St. Paul, 505 U.S. 377, 391 (1992) That's not how we do it. At least, that's not how we are suppose to do it.

Imagine if Michael had written a piece supporting gay marriage, transgender rights, racial equality, or some other happy liberal view, and he found himself attacked and threatened by bigots of the opposite view. Would the result have been the same? I think not.

The school should have protected him the same as if he were supporting gay marriage and he received threats for that view. Give him the same shield as if he were promoting racial equality, and racists threatened him. There is no hope for any of us if we teach that 1817 year old that if he does not get in line with the politically approved doctrine, that we adults condone death threats and violent harassment.

Michael’s entire faculty should have stood up, unequivocally, for his freedom of expression – even if they despised his views. There should have been no question that the trash that threatened him lost all moral authority when they opposed him through intimidation. The entire faculty should have stood up for him.

But that didn’t happen.

Because that’s not the way things are handled anymore. We have "safe spaces." But not for conservatives. We have a culture where victimhood is currency, and the crybaby is king. We have an intellectual environment where if you dissent from Liberal orthodoxy, you are a sexist, a racist, you're mansplaining, whitesplaining, or simply worthy of being killed… or at least threatened. After all, you're wrong, and "they" know it. What use is there for debate or dissent? Let the letter writing campaign begin, because the victims will now be the victors, and to the victors go the spoils.

And funny enough, those who would threaten Michael or tacitly condone the threats are also the first who would screech for remedial racism in the name of "diversity." Meanwhile, they want anything but "diversity." There will be one way of thinking. There will be purity of philosophy. You must follow the approved orthodoxy or things can go very badly for you.

That is not what education is about. That is not what America is about.

Mr. Moroz, I promise you, not all of us adhere to this view. We didn't sell your parents a bill of goods. Its just that somewhere along the way, after they got here, we changed and fucked it all up. Some of us want to change it back, and I think there is still time.