Miscellaneous And Off Topic Subjects

[Jeff Buchanan]

From my perspective, living in FL, the monikers assigned to various bills, some already signed into law, before the FL state legislature are a two edged political sword. The one bill that addresses Disney's foray into diversity and equity training for employees - the DON"T SAY GAY bill - invigorated the Desantis base that intersects with the Trumpers. It also energized the liberal base that is pushing for this kind of diversity training as well as CRT and sexual orientation or gender identity training (grooming) in kindergarten through the third grade. Also in the area of gender identity and sexual orientation, the bills prohibit teaching about those topics “in a manner that is not age-appropriate or developmentally appropriate for students.

The monikers DON'T SAY GAY bills and ANTI-WOKE bills are, IMO, unfortunate. If one reads the language in both of them, I don't think there is any one within this forum that wouldn't at least acknowledge they legitimately pushback against some of the most potentially destructive aspects of a two century basis fundamental in describing American culture and society. My view is that this history is not entirely wrong as elites on the left would have us believe. There are unsavory aspects to the course of American history. IMO, these are vastly overcome by the enormous amount of good, on national and global basis, emanating from America's presence on the world stage. The left would have you believe you should be ashamed of American history.

I also believe, having read pertinent legal arguments for and against these bills that they are, in part, unconstitutional. You have to get into the nitty gritty of the public and private impact to see that (DSL's post above pertains). So, yes, parts of the bills are unconstitutional, parts of them are reasonable, constitutional and within the power of state government to enact. In preparing this post, I found this article which is a good rendering of the what the bills are all about - it's easily skimable if you have a rudimentary understanding of what's going on with these controversial bills in FL.

https://time.com/6168753/florida-stop-woke-law/

[THE_WIZARD_]

If Disney wants preferential treatment from government it'd be well-advised to avoid pissing off that government. As it is, DeSantis and Florida are simply treating Disney like every other company and yanking its special status or whatever.

It's politics. If you want to wade into the political fray then, well, you're gonna piss one side off. The "Inflation Reduction Act" is loaded with benefits for D patrons and favorite pet projects. If the Rs get a chance they'll likely reduce those benefits. And they should.

And DeSantis simply removed a big carrot for Disney. In contrast, the New York AG breaks out the stick to sue oil companies and the NRA in obviously partisan enforcement actions. That's the Prog way.

Thank fucking god there is someone to stand up to Woke bullshit. The kind of preposterous bullshit that gets a MLB All-Star game removed from Atlanta because of "Jim Crow on Steroids".

POST OF THE MONTH NOMINEE.

[THE_WIZARD_]

Free Speech is only one way with Progs. If you agree with them you can say whatever the fuck you want...do what ever the fuck you want...etc. Offer a different view...YOU ARE BANNED!!! CANCELLED! GRANDMA KILLER! ENVIRONMENT RUINER!! GREEDY MF'S!! Do what we say and you will be fine..in fact that is what "Environmental Justice" is predicated on...

[THE_WIZARD_]

The only time Progs get canceled...is by other Progs...due to going bust or broke due to the aforementioned Prog. See Brian Stelter...

[iam416]

Buchanan:

The problematic part of the Woke bill was the prohibition on private actors teaching certain things. There's also a vagueness issue, which is also troublesome for First Amendment stuff. Other parts of the bill are fine. I haven't read the District Court decision, but I'd guess that it was mostly concerned w/ the state telling private actors they can't say something.

[iam416]

It's one thing to say that you have the right to say whatever you want to within very permissive bounds. It's another thing to say that you have the right to say whatever you want to AND then I have to express great gratitude that you said it and give you money for saying it.

[THE_WIZARD_]

You can't yell fire in a crowded theater...and you shouldn't bring drag queens to grade schools...

Call me Authoritarian if ye must.

[iam416]

Stifle the fuck up.

[Dr. Strangelove]

Yeah the portion of the bill the court blocked was specifically about workplace meetings and "diversity training". Here's a pertinent part of the judge's decision below:

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To start—though trainings are admittedly at the center of this case—the IFA does far more than ban mandatory trainings. It bars “any . . . required activity” at which the eight forbidden “concepts” are discussed and endorsed. § 760.10(8)(a), Fla. Stat. (emphasis added). Conceivably, that includes trainings, phone calls, assignments, discussions—anything that is required and endorses the concepts.

More to the point, the IFA does not ban all mandatory employee trainings. Nor does it ban mandatory trainings addressing certain concepts. No, the IFA only prohibits trainings that endorse the covered concepts. Indeed, the IFA grants employers free rein to hold mandatory trainings addressing any of the eight concepts so long as those trainings condemn or take no position on those concepts.

Take that idea further. Because the IFA covers any required activity, an employer could require every employee to read Woke, Inc., Inside Corporate America’s Social Justice Scam but could not require employees to read The Color of Law. Worse still, a nonprofit corporation devoted to promoting the idea that white privilege exists could not hold a required meeting at which it endorses the concept of white privilege. But a nonprofit holding the opposite view could freely hold meetings criticizing the concept of white privilege.

The bottom line is that the only way to determine whether the IFA bars a mandatory activity is to look to the viewpoint expressed at that activity—to look at speech. Plainly, the IFA regulates speech. See Sorrell, 564 U.S. at 567 (noting, in Case 4:22-cv-00227-MW-MAF Document 55 Filed 08/18/22 Page 17 of 44 18 rejecting the state’s argument that the challenged law restricted only conduct, that the “law does not simply have an effect on speech, but is directed at certain content and is aimed at particular speakers”); Dana’s R.R. Supply v. Attorney Gen., Fla., 807 F.3d 1235, 1245 (11th Cir. 2015) (explaining that, when liability for violating a statute “turns solely on the [speaker’s] choice of words,” the statute restricts “speech, not conduct”).

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Basically the bottom line is Florida's law says you can force your employees to attend anti-Woke meetings as much as you want, but you can't make them sit though a PRO-Woke meeting. The Judge says that's obviously a regulation of free speech and 1st Amendment violation. Banning mandatory meetings entirely, regardless of subject, would've been the value-neutral stance. What Florida actually did is not.

[THE_WIZARD_]

Stifle the fuck up.

You know I don't know how to stifle.

Dumbass.

[iam416]

DSL:

In 1st A law there are concepts called "viewpoint discrimination" and "content discrimination". Viewpoint discrimination is almost never permissible. In fact, I think it's only theoretically permissible.

Content discrimination is more likely to be ok.

So, it's one thing to say to employers you cannot mandate training with respect to DEI in any regard -- whether it's pro-DEI or con-DEI. It's another thing to say you cannot mandate pro-DEI while allowing con-DEI.

The judge saw this a viewpoint discrimination. That's what the paragraph you quoted was about.

[Jeff Buchanan]

It's another thing to say you cannot mandate pro-DEI while allowing con-DEI.

I think this concept, if I understand the wording of it correctly is fundamental to the bills FL has passed that are at issue here - I have no idea if the legislators that passed them have any clue of this important 1A point (thanks talent). I'd be so bold as to say Desantis and the lawyers and legislators that fashioned these bills knew this going in as the bills were formulated ..... well, let me rephrase that, I hope to hell they did.

[Da Geezer]

K-3 is the time in a kid's life he is just getting over finding out Santa is not real.

I say, let the kids be innocent for as long as possible and let their parents decide when certain subjects need addressing. Keep the state out of the matter.

[Jeff Buchanan]

In other news ....... the 2022 Hurricane season has been slow to develop anything threatening to the US coast line. However, early to mid September, on a historical basis, sees the most Hurricane development. Forecasters are also predicting Hurricane alley which starts off the coast of Africa and continues north and east (over the leeward islands and the central Caribbean islands then either heading into the GOM (targeting the Golf Coast) or up the east coast to include the FL peninsula to become more active.

This is the composite predictions for a low pressure area forming in the western GOM (Bay of Campeche). It is predicted to have a 70 chance of becoming a "tropical Cyclone." That's a ways from a hurricane but conditions are favorable for further deponent into this weekend and early next week. Hoping it says far enough south and sees little spin -up between now and then.

WX.JPG

[THE_WIZARD_]

In other news ....... the 2022 Hurricane season has been slow to develop anything threatening to the US coast line.

Well Obviously the Green New Deal is working!!!