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Can the State compel an "artist to paint a picture"?

Recently, Attorney General Bob Ferguson filed suit against Arlene’s Flowers and Gifts of Richland, Washington, for refusing to supply floral arrangements for a gay wedding. State law requires businesses serving the public to accommodate customers without regard to sexual orientation.

There is no question the florist violated state law and that the Attorney General has both the authority and duty to uphold the law. The question is, can public accommodation laws be applied to creative expression without running afoul of the First Amendment? An attorney representing the florist thinks not, characterizing application of the law in this case as

“compelled speech in violation of the First Amendment. The state cannot require a florist to express appreciation for, or acceptance of gay marriage any more than the state can require a musician to write a song about it, or an artist to paint a picture.”

I find this argument intriguing. If I were an artist that painted wedding portraits, could the state require me to paint a picture? Wouldn’t that violate my right to free expression under the First Amendment’s umbrella of free speech? If so, wouldn’t that invalidate state public accommodation law when applied to the creative arts?

Has the mindset that got us into war changed at all?

“I don’t want to just end the war, I want to end the mindset that got us into war in the first place.”
-Barack Obama, January 2008

The ten year anniversary of the invasion of Iraq has brought much attention, and rightfully so, to the lies that seduced us into that eight year catastrophe. Little attention has been given to the ethnocentric, cowardly, and frankly deplorable national psyche that made the deception even possible.

Had we not been lied to, had they been right, had Saddam Hussein weapons of mass destruction, had he ties to Al Qaeda, had he been on the verge of a nuclear weapon, had Mohamed Atta met with an Iraqi official in Prague, had yellowcake been served up in Niger, had all of Colin Powell’s UN testimony been irrefutable; had every last bit of it been true, we still had no right, no goddam right at all! No right to kill, maim, dismember, disfigure, burn and otherwise destroy the lives of a million Iraqi civilians and displace millions more for the purpose of our own safety. The preventative war, as presented, was an act of extraordinary cowardice. We should all be very ashamed that we, as a people, deemed it appropriate for so many “over there” to suffer so tremendously for our security, even if we had actually been exposed to some real risk.

The mindset that life is cheap over there, that American lives are the only ones that matter, that it is right that we fight them over there rather than on our own turf, is a mindset I find reprehensible and a source of great embarrassment. Yes, ten years later I am ashamed of the political administration that insisted on that unnecessary and disastrous war. I am also ashamed of the mindset of the American people that made the whole con job possible in the first place.

Since inauguration, the economy has improved dramatically

Republished from Daily Kos

34 short months ago, my son and I stood in front of the U.S. Capitol in 15 degree weather to watch Barack Obama’s inauguration. It was January 20th, and the economy had already shed more than a half million jobs on the year, on the way to losing about 2 million for the first quarter of 2009. The final month of the Bush presidency, December of 2008, posted a negative annualized GDP of 8.9%. The banking system was teetering on complete collapse. The auto industry was on life support. The Dow was at 7900. We were mired in two, intractable, un-winnable wars. Quick, unpopular, bold action was necessary to save the country, and the world, from a full-on depression. The nation was in crisis, our economy in shambles.

From the moment Obama took his oath, Republicans, led by Mitch McConnell in the Senate and John Boehner in the House, charged with the responsibility of responding to an economic emergency, instead dedicated themselves to Obama’s (and by extention, America’s) failure. Tragically, they were rewarded for their malfeasance at the 2010 mid-terms.

When President Bush was presented with the national crisis of 9/11/01, his own failure, he immediately was rewarded with a 90% approval rating and support from the overwhelming majority of elected Democrats. When Obama took over during a national crisis not of his making, he got squat. Virtually all of the Senate Republicans, and nearly all Republicans in the House, did everything possible to help the President fail. But Obama and the Democrats, despite playing with one hand tied behind their backs as Senate Republicans filibustered everything, managed to nonetheless muster a half-assed stimulus bill and a few other nuggets that saved us from utter catastrophe.

34 months later, the Dow is up 50%, GM has been saved, tens of thousands of jobs with it. GDP for the latest quarter is an anemic 1.3%, yet represents an improvement of 10.2% from where we were at at the end of the Bush administration. Taxes are lower for all but the very richest Americans. Despite the hysterical protests of a movement called “Taxed Enough Already”, all Americans are enjoying a tax burden that is historically low. Tens of millions of Americans previously without access to health care now have hope. We’ve had eight consecutive quarters of economic growth, and despite massive government layoffs, have experienced a net gain of jobs every month the last two years.

The stimulus, watered down with tax cuts as it was, nevertheless worked. It put the brakes on the job losses, then turned the corner to positive job growth. Unemployment topped out a little over 10%, then reversed course and worked its way down to 9%. A bigger stimulus would have produced better results.

The prevailing meme from the Republicans is, so far as I can tell, that if we had elected McCain and Palin, fired more public employees, cut corporate tax rates, eliminated the capital gains and inheritance taxes, and allowed businesses to endanger workers and the environment to their heart’s content, the economy would now be in better shape than it is.

The argument is absurd. There isn’t a shred of historical evidence or credible economic theory to support it. Yet it somehow has legs. Strong ones. Meanwhile, the fact that the economy is in relatively good shape compared with where Obama started is rarely even mentioned. Democrats can’t brag about how good the economy is, but we should remind the public how drastically worse it was three years ago.

Unemployment has settled in at about 9%, without any catalyst to move it significantly lower. So what do we do now? Sure, if we build pipelines and grant more drilling leases, that would create a few jobs, but in order to make substantial progress on the jobs front, the government needs to be willing to spend money. We have two options: tax and spend, or borrow and spend. Pick your poison.

In any event, the worst possible solution would be to give Republicans control of the presidency and Senate. That would just be an opportunity to eliminate needed environmental, consumer, and workplace regulations and serve up more and more tax breaks to the richest corporations and individuals, followed by little or no increase in employment.

Unfortunately, there are progressives out there that think we would have been just as well off if Obama had lost, and others that aren’t that extreme, but are too depressed or apathetic to lift a finger to help Obama win re-election. They could very well cost Democrats the White House and the Senate.

That, my friends, would be a shame.

Since inauguration, the economy has improved dramatically

34 short months ago, my son and I stood in front of the U.S. Capitol in 15 degree weather to watch Barack Obama’s inauguration. It was January 20th, and the economy had already shed more than a half million jobs on the year, on the way to losing about 2 million for the first quarter of 2009. The final month of the Bush presidency, December of 2008, posted a negative annualized GDP of 8.9%. The banking system was teetering on complete collapse. The auto industry was on life support. The Dow was at 7900. We were mired in two, intractable, un-winnable wars. Quick, unpopular, bold action was necessary to save the country, and the world, from a full-on depression. The nation was in crisis, our economy in shambles.

From the moment Obama took his oath, Republicans, led by Mitch McConnell in the Senate and John Boehner in the House, charged with the responsibility of responding to an economic emergency, instead dedicated themselves to Obama’s (and by extention, America’s) failure. Tragically, they were rewarded for their malfeasance at the 2010 mid-terms.

When President Bush was presented with the national crisis of 9/11/01, his own failure, he immediately was rewarded with a 90% approval rating and support from the overwhelming majority of elected Democrats. When Obama took over during a national crisis not of his making, he got squat. Virtually all of the Senate Republicans, and nearly all Republicans in the House, did everything possible to help the President fail. But Obama and the Democrats, despite playing with one hand tied behind their backs as Senate Republicans filibustered everything, managed to nonetheless muster a half-assed stimulus bill and a few other nuggets that saved us from utter catastrophe.

34 months later, the Dow is up 50%, GM has been saved, tens of thousands of jobs with it. GDP for the latest quarter is an anemic 1.3%, yet represents an improvement of 10.2% from where we were at at the end of the Bush administration. Taxes are lower for all but the very richest Americans. Despite the hysterical protests of a movement called “Taxed Enough Already”, all Americans are enjoying a tax burden that is historically low. Tens of millions of Americans previously without access to health care now have hope. We’ve had eight consecutive quarters of economic growth, and despite massive government layoffs, have experienced a net gain of jobs every month the last two years.

The stimulus, watered down with tax cuts as it was, nevertheless worked. It put the brakes on the job losses, then turned the corner to positive job growth. Unemployment topped out a little over 10%, then reversed course and worked its way down to 9%. A bigger stimulus would have produced better results.

The prevailing meme from the Republicans is, so far as I can tell, that if we had elected McCain and Palin, fired more public employees, cut corporate tax rates, eliminated the capital gains and inheritance taxes, and allowed businesses to endanger workers and the environment to their heart’s content, the economy would now be in better shape than it is.

The argument is absurd. There isn’t a shred of historical evidence or credible economic theory to support it. Yet it somehow has legs. Strong ones. Meanwhile, the fact that the economy is in relatively good shape compared with where Obama started is rarely even mentioned. Democrats can’t brag about how good the economy is, but we should remind the public how drastically worse it was three years ago.

Unemployment has settled in at about 9%, without any catalyst to move it significantly lower. So what do we do now? Sure, if we build pipelines and grant more drilling leases, that would create a few jobs, but in order to make substantial progress on the jobs front, the government needs to be willing to spend money. We have two options: tax and spend, or borrow and spend. Pick your poison.

In any event, the worst possible solution would be to give Republicans control of the presidency and Senate. That would just be an opportunity to eliminate needed environmental, consumer, and workplace regulations and serve up more and more tax breaks to the richest corporations and individuals, followed by little or no increase in employment.

Unfortunately, there are progressives out there that think we would have been just as well off if Obama had lost, and others that aren’t that extreme, but are too depressed or apathetic to lift a finger to help Obama win re-election. They could very well cost Democrats the White House and the Senate.

That, my friends, would be a shame.

Reagan Dunn: Death penalty required for "civil society"

Attorney General candidate Reagan Dunn began his recent Times opinion piece in support of the death penalty with this paragraph:

“The most important function of local government is to protect the public through enforcement of the rule of law. It is what separates a civil society from lawlessness, keeps our neighborhoods safe and establishes an orderly environment for commerce. That’s why it is essential that we as a society have the death penalty as the ultimate punishment.”

According to Dunn, the very existence of the death penalty as the “ultimate punishment” is “essential” to enforce the rule of law, and necessary for a “civil society”.

States and foreign governments that do not have the death penalty are, in fact, nevertheless able to enforce laws and have civil societies. Canada hasn’t executed anyone in almost fifty years, and has somehow managed to not descend into “lawlessness”.

Asserting that capital punishment is an “appropriate penalty”, Dunn argues, without evidence, because there isn’t any, that such punishment is “important to public safety”.

Dunn laments the fact that the State Legislature denied King County $4.1 million it requested to pursue capital punishment. There are three people currently on death row in King County. At a time when we can’t afford to hire enough teachers, spending millions to unnecessarily kill three human beings is a waste of scarce taxpayer dollars. The Legislature got that right.

I find no credible moral, fiscal, or public safety arguments for capital punishment in Dunn’s piece, or elsewhere. In a truly “civil society”, the death penalty would not exist.

Jane Hamsher: "His most ardent supporters are the dumbest motherfuckers in the world"

Today, FIredoglake’s Jane Hamsher called Obama’s staunchest supporters “the dumbest motherfuckers in the world”. This is going too far. Way too far.

Progressives can’t abandon Obama and his supporters and be successful in 2012. Down-ticket candidates, especially the most progressive ones, are handicapped by this type of vitriol. We need a huge turnout in 2012, and we won’t get that without widespread support for Obama.

We Democrats eat our own. That’s what we do best, and as a result, good, progressive candidates lose.

Argue your point. Challenge Obama’s positions and strategies, but don’t call his supporters the “dumbest motherfuckers in the world”. That’s just too dumb for words.

Back again: Kucinich to speak at NWroots, July 9th

I can’t keep track of all the appearances by Ohio Congressman Dennis Kucinich in Washington State this year. It’s been more than a few. There will be another on July 9th, when he speaks at the NWroots Conference.

Kucinich stands to get redistricted out of a seat in Congress this year, and is shopping for a new home district so he can continue to serve in Congress. The Congressman has been clear that he won’t run against an incumbent Democrat, which means he will likely have to leave Ohio if he is going to remain in Congress. Washington State is apparently on his short list, although Kucinich denies the existence of any such list.

State Democratic Party chair Dwight Pelz told Kucinich thanks, but no thanks, in a phone conversation earlier this year (I had a conversation with Kucinich about that call, and he implied Dwight was pretty blunt about it). I’ve talked with many others who would rather Kucinich kept his nose out of Washington State. I have mixed feelings. If he could help the Democrats win or hold a seat, I’d be okay with it, but I haven’t imagined a scenario yet where Kucinich would be a good fit. The Tenth, Eighth, Seventh, Third, and First districts are all possibilities. (A rumor is circulating that Seventh District Congressman Jim McDermott might be appointed Ambassador of India. His office denies it.) We won’t know the Demographics or candidates pool until redistricting is complete early next year.

Kucinich will Join Congressmen Inslee and McDermott, Washington State Labor Council President Jeff Johnson, and former Canadian Health Minister Ujjal Dosanjh as a feature speaker at NWroots at the Comedy Underground in Pioneer Square.

The meat of the program consists of breakout sessions/group discussions on labor, healthcare, media, immigration, electronic voting, agriculture, Afghanistan, and the mortgage crisis.

Registration is $50 ($25 students), and includes breakfast and lunch. Registration/breakfast begins at 7:30 AM. The program runs 8:30 – 5:30, followed by an after-party at the Central Saloon.

Jay Inslee to speak at NWroots

Congressman Jay Inslee will join Congressman Jim McDermott, former Canadian Health Minister Ujjal Dosanjh, and Washington State Labor Council President Jeff Johnson at NWroots, the July 9th conference for liberal political activists, bloggers, candidates, and elected officials.

The agenda includes keynote addresses, sessions on labor, health care, immigration, media, banking, agriculture, & electronic voting; documentaries, a candidates social, a performance by the Total Experience Gospel Choir, and an after-party at Seattle’s historic Central Saloon.

Former Canadian Health Minister Ujjal Dosanjh will deliver the opening keynote address. Dosanjh, born and raised in India, emigrated to the UK, then British Columbia where he earned a law degree. He later became a member of British Columbia’s Parliament, Attorney General for British Columbia, and then Premier of BC. He was hand picked by Premier Paul Martin to run nationally for Parliament, which he did successfully. Soon after, he was awarded the post of Health Minister in charge of Canada’s universal health care system, a position he held for more than four years. Last month, in a near sweep of the Liberal Party, Dosanjh lost his seat in Parliament. Dosanjh will speak on the issue of single payer universal healthcare – a subject he is more qualified to address than virtually anyone in our entire country. It is a great honor and privilege to welcome Mr. Dosanjh, and we hope to honor him with a nice turnout. .

Congressman Jim McDermott (who, coincidentally, founded and co-chairs the Congressional committee on India and Indian Americans), will close out the event. McDermott, in his twelfth term representing Washington’s 7th District, is a senior member of the House Ways and Means Committee. He opposed the authorization for the Iraq war, and has been an outspoken critic of the military mission in Afghanistan. The subject of the Congressman’s remarks are not yet known, but he will likely focus on foreign policy and/or the budget.

Congressman Jay inslee is gearing up for a race for Governor against Attorney General Rob McKenna and is expected to broach that subject, and/or delve into environmental policy.

Washington State Labor Council President Jeff Johnson will address the assault on unions, the role of labor in Democratic Politics, and the new political strategy.

Author and agricultural policy activist Jill Richardson will present two sessions – one on our messed up food system and what can be done about it, the other on Monsanto’s worldwide influence on agriculture.

The conference will be held at Swannies Comedy Underground in Seattle’s Pioneer Square district. Breakfast at Swannies and lunch at nearby Fx McRory’s are included in the registration price of $50 ($25 students).

So what are you waiting for? Register today!

NWroots to Feature Jim McDermott, Ujjal Dosanjh, & Jeff Johnson

Do you know about the NWroots Conference in Seattle on July 9th? NWroots is a conference for liberal political activists, bloggers, policy wonks, candidates, elected officials, and anyone who cares about progressive public policy. There will be keynote speakers, breakout sessions/workshops, documentaries, a candidates social, and an after-party. Feature speakers include Congressman Jim McDermott, former Canadian Health Minister Ujjal Dosanjh, and Washington State Labor Council President Jeff Johnson.

Topics include single payer healthcare, unions, electronic voting, the war in Afghanistan, immigration, and the mortgage crisis. The fabulous Total Experience Gospel Choir will close out the event with a performance. An after-party will take place at the historic Central Saloon.

The venue is Swannies Comedy Underground in Pioneer Square. Registration is only $50 for the full day, and includes breakfast at Swannies and lunch at nearby Fx McRory’s.

Space is limited. Register today. This will be a very social, informative, and worthwhile event. Most importantly, it is going to be fun!

If you have any questions, suggestion, or would like to lead a session or panel discussion, please email me at sarge@onthepress.com.

Obama Hostility Syndrome

I guess “Obama Hostility Syndrome” applies to the far left as well as the far right. It is a condition whereby fault is found with anything and everything Obama does.

Short memories and impatience rule the day for so called “progressives”, who give little credit to Obama for the work he has done for women’s right to choose and right to equal pay, defense of stem cell research, and the right of gays to serve in the military, and would presumably prefer no progress at all to progress they consider insufficiently robust. The reality of a supermajority requirement in the Senate is invisible to them. Obama is apparently supposed to draw lines in the sand, stamp feet, and the Republicans will then quake in their boots and start supporting progressive legislation. They seem to forget we were losing 700,000 jobs per month and GDP was falling at a 6% clip when Obama took office, but now unemployment is unacceptably high, and it’s Obama’s fault, as if a second spending bill would somehow make it through Congress if Obama only demanded it. There seems to be amnesia about the saving of the auto industry and hundreds of thousands of jobs with it.

The weak healthcare and Wall Street reform bills barely squeaked by. Stronger bills would not have made it through the Senate at all. Obama’s foreign policy has been almost exactly as promised. Our standing in the world has been largely restored. Candidate Obama promised to not pursue prosecution of the Bush administration because he considered it counterproductive. Please stop complaining about it. Yes, he put some conservatives in his cabinet; he promised to do that, too. Anyone who thought Obama was a fire-breathing lefty just wasn’t paying attention. Progressives were instrumental in helping Obama get elected, for sure, but so were moderates, independents, and Republican converts. Obama’s responsibility is, ostensibly, to all Americans, but even his constituency – those that voted him into office are, overall, decidedly moderate.

Given stiff opposition and vitriol from both the left and the right, Obama has been surprisingly effective, signing into law more substantive legislation in his first two years than any president in forty years.

So get over it. We have an election to win, a Senate majority to preserve, and a House to take back.