Great Scott!

I risk going a bit astray from our local emphasis, but I think this matters locally.

Three stories I caught over the last couple days: Rick Scott; Dave and Mary Jones; and Liberty University. The common thread to my ear is; is this what the First Amendment has come to?

A little background on each. Liberty University is the Jerry Falwell founded institution of higher learning, privately owned and funded. They recently told the on campus "Young Democrats Club" they could no longer use school facilities for meetings. Now don't ask me why a Young Democrat would opt for a University that will teach them early man rode saddled dinosaurs. Point is, is the point of higher education to broaden the mind or to propagandize it? OK, private facility, if one is silly enough to enroll, one gets what they hand out. Keep toilet paper and handwipes handy.

The Jones case, far more troubling. Orange County tried to prevent them from holding Bible study sessions, about 15 people a session, in their home, seems they had not applied for a "major use permit". This bit of nonsense might have passed with little notice except the County had not come down on Tupperware parties, poker parties, or gatherings to watch sports events. It was especially surprising since San Diego is the most reliably conservative enclave in California. The County has backed down, issuing only a "warning" to the Jones household.

Now to Rick Scott. Scott is a paid lobbyist for groups who oppose nationalizing health care. I take no position on that issue here. I had barely heard of the man until yesterday. Seems the people behind him came up with the money to buy a 30 minute "infomercial" following NBCs Meet the Press program this Sunday.

Being the resident political junkie, I am one of maybe 2.5 million viewers of the Sunday morning news shows, most of you go to church or sleep in or go fishing.

No matter, the opposition is feeling its Wheaties, and coming out strong. The Daily Kos (read George Soros), and the Service Employees International Union are lobbying to have NBC pull the airtime, and threatening that the FCC will sanction the network if they don't pull it!

The justification is that Scott "has a record of deceit". I don't know, maybe he does. The very notion that a paid loobyist would "spin" an issue shocks me to my socks. And the people selling magic fat-burners and herbal Viagra don't? If you have the wit to read this, you probably react to infommercials the way I do; changing the channel. Jeez, I've only got 250 of them now.

My point is concern for the First Amendment. I truly don't care what a person is saying or selling, if we are to have a "marketplace of ideas" it has to allow all ideas access. If David Duke can pony up the money, let him spend it. I'll change the channel.

Friends, Freedom of Speech does not equal freedom of access. If you are out in the wings, you are free to stand on a soapbox on public property and pontificate (within normal hours of business of course. Try it at 2:00AM on my block, if you're lucky I'll call a cop). You are not free to make anyone passing by slow down and listen. The other side of this is, if you don't like what the man on the soapbaox is selling, you are free to walk on by, but you can't call the FCC (or County, or Virginia) cops to shut him up because you don't like the message.

This is a thorny issue that has engaged better minds than mine for two centuries. John Adams helped craft the First Amendment and then used the "Alien and Sedition" acts to toss dissenting publishers in jail during his Presidency. The Supreme Court of that day quite properly spanked him and released Peter Zengler and other bothersome noisy people.

I stir the pot from time to time, sort of a hobby of mine. I would hate to see the day that my point of view could be ruled to be "deceptive" by some bureaucrat and banned from distribution.

Political Numerology

I have been following issues on this blog for a while and have come to the conclusion there is a connection between politics and numerology- a mystical belief in the power of numbers. I have observed many cases of the belief that just picking the right numbers is all that's needed to solve a difficult problem. Our school system provided a good example.

Early in the discussion on the last bond, there seemed to be a belief that a $99mil bond would pass no matter what was in the package. A package tailored to that exact amount was the initial proposal. Toward the end of the decision making cycle, it was felt that two was a better number of propositions than one so a second proposition based on major new main building at Central was added. They were careful not to disturb the magic $99mil of the first proposition.. A necessary, last minute recalculation of construction costs and inflation estimates raised the cost of both propositions. They made the decision to keep prop 1 the same despite the price now being $117mil.. Prop 2 was another story. The new price was felt to be too high. Rather than completely abandon the power of the number two, prop 2 was completely redone. Prop 1 had coherence, and the original prop 2 had a vision of a much revitalized central campus. The new prop 2 had neither of these characteristics. It had little in the way of coherence or vision – coming across as a mixture of unrelated leftovers. In the end, the numerology didn't work and prop 2 failed.

Numerology seemed to drive at least part of the decision making process. One of the first items the new facilities committee announced was the $99mil figure. This was well before they announced the schools or projects involved. Prop 2 was added toward the end of process because it was felt that 2 bonds might have a better chance of success. The second proposition was kept even when the original vision no longer applied. In the end it seems the mystique of magic numbers drove a large part of decision making process, if only at a subconscious level.

There are many more examples where just picking the right number is counted on to solve a problem. Forget the studies, logic, analysis, etc.. The magic number will solve the problem. Mandatory minimums aren't working? We just need a better number. Teen drunk driving a problem? Pick a number. Economy collapsing? A few magic interest numbers will save the day. Puppy mills a problem? Just choose a number of dogs. Don't worry about studies or history or precedent or inconvenient evidence. The power of numerology will magically provide the solution and if the resulting solution doesn't work, don't worry. Forget studies. Just pick another number.

In January, a proposal for a numerical limit on dogs will be back before Animal Services Board. It will be put before the City Council in early February. We need to make sure this doesn't end up being just another case of political numerology.

Surprising San Angelo and FLDS

A few years back, a billboard on Knickerbocker greeted Mathis Field visitors with the "Surprising San Angelo" slogan. We might think about reviving that slogan, it is inarguably true.

This past week, we had an early AM, thankfully minor, tornado or two. As it happened, CNN national feed beat the local alert system on the report by a few minutes. That is not a slap at the local system, we just happened to have in town a hundred or so of the hungriest news hounds on the planet covering the FLDS sect story. Given the time of day (OK, night), the CNN crew might well have been making their way home from Fat Boss Bar when they personally encountered this remarkably fast moving storm. Don't know that, pure speculation, but...

The Standard-Times is really doing a pretty good job, but they are running out of front page space. Had someone told me last May that the next SAISD Bond proposal would be buried under more urgent news, I'd have told them straight up to activate the third brain cell, no way. Oops!, would have lost that dollars-to-donuts bet. BTW, yours truly will be truly busy Monday, SAISD will hear a second presentation of the bond Committee and at 7:00 PM the ASU College Republicans will host another police chief candidate forum in CJ Davidson Center. With luck, I can catch most of both. Conchoinfo does have limited staff.

S-T has done a remarkable job of reporting this FLDS mess, but I have a few points worth mentioning. Using the term "sect" in the paper instead of "cult" was a good starting point. More on that point later.

Before I wander afield in general speculation, let me make clear; I support the idea of prosecuting any genuine statutory, even more vigorously any forcible rape arising from this investigation. Freedom of religion has limits. The Supreme Court may allow a Santeria believer to sacrifice a chicken to his God, but human sacrifice, be it mortal or rape, is clearly out of bounds. Christian Scientists are allowed to refuse medical treatment and die in good faith, but they may not withhold it from their underage children.

When FLDS bought the Eldorado property, a lot of people went into panic mode, not without reason. The history of this group in Colorado City, Az. or Hilsdale, Utah was scary. There, they had registered voters, put people on ballot, and in essence, they were the city gov't and police force. Had FLDS tried this in Schleicher County, with its limited number of voting age eligible, they probably could have owned Eldorado, politically. One of "Prophet" Jeff's policies was to withdraw from, rather than engage in, local affairs. Where the twin towns of Hildale and Colorado City had attracted enough attention that the states took over, Jeffs counseled the FLDS that flying "under the radar" would be more effective for the sect's interests than an overt takeover.

I am a little concerned that the breadth of the warrants issued might exceed the scope justified by a slightly shaky, second hand report, recanted in the last phone call to a non-gov't agency by a 16 year old as yet unproduced. Note here; law enforcement from two states have interviewed the alleged offender and chosen not to make an arrest as yet. Fortunately or not, Texas Statute gives Child Protective Services standing here that nearly no other criminal investigating unit gets. If this were an old-fashioned drug-trafficking case, it would take a high pockets Miami lawyer about two minutes to shred the warrant and the subsequent "fruit of the poisonous tree", effectively dumping a week long investigation in the nearest bar ditch. If one is curious, the warrant application is here.

As has been reported, State Rep. Hildebrand (Kerrville) put forth several legislative changes in response to FLDS. The most important was the change in the age at which a marriage can be "blessed" by the state from 14 to 16. There was also an "anti-polygamy" law which has yet to be tested in the real world.

To me, the most under-appreciated player in this drama is Schleicher Co. Sheriff David Doran. By approaching the FLDS leaders non-confrontationaly, he at least got their ear. Thanks to Doran and his connections, FLDS elders cannot claim ignorance of the change in statute: also thanks to Sheriff Doran, this raid did NOT turn into a Waco, Branch Davidian armed stand-off. Should it come to pass that the authorities over-reacted, at least everybody will be alive to hear that judicial determination. If Sheriff Doran comes off as "Andy of Mayberry", well look back at that TV series and its stress on common sense: good ol' boy Andy Taylor was hardly an idiot.

FLDS is one of the original spin-offs from the Utah statehood/Mormon agreement to ban polygamy. The Mormons disavowed polygamy in 1890 and Utah was given statehood in 1896. FLDS is not the only polygamist sect out there, they just get the headlines. Most of the 40-50,000 polygamists tracing back to some sect of Mormon belief escape official attention by drawing a bright line at age 18. Once past the age of legal consent, "spiritual unions" escape most polygamy/bigamy laws by not sanctioning with state license. In the eyes of the law, they are no different from any unwed "shack-up" relationship.

My "Let's take a deep breath" moment on this comes to considering the application of the legal changes not to this sect, but to society at large. We all know that there are an unfortunately large number of under 16 girls in Texas who somehow manage to produce babies each year, completely unrelated to FLDS, virgin birth, or anything remotely religious. If it is society's will that these children be consigned to illegitimacy, something the 14-with-parental-consent law sought to avoid, well, bastardy isn't the social burden it was in my youth, so be it. Do we intend to go after the fathers of these children as criminals?

I grant that FLDS has demonstrated a pattern of forced under-age marriage beyond anything society should tolerate in the name of religious freedom going back to the 1890 schism from the Mormon Church. I am afraid the tools we craft in haste to go after FLDS will turn into an instrument of prosecutorial discretion which could later be used against individuals or groups which simply happen to be out of favor.

I recall the 70's when a few states dusted off the old, long dormant laws prohibiting unwed cohabitation. They were almost always used against "Hippies", mixed-race relationships, or whomever the local law thought to be "subversive". We saw police raiding large houses, counting noses, counting bedrooms, checking whose clothes hung in which closets, and busting unwed adults for sleeping in the same bed. As I recall, the passion for this sort of suppression weakened about the time the Governor's daughter was charged along with the Mayor's son, but perhaps you see where I'm going.

We need to take whatever time is needed and craft laws that are directed to the act we want to abolish, not suppression of a religion most of us find to be "weird". By definition, any religion, being a belief in something supernatural, requires a "suspension of disbelief". Typically, if it is our religion, we call it "Faith" and hold it in high esteem; if it is someone else's religion, we pity the poor brainwashed fool. When Thomas Jefferson forced into reality the Virginia Statute for Religious Freedom, the most notable "cult" protected by it was some new-fangled bunch of deranged Protestants known as "Baptists".

Take the following thought experiment. The majority of us are Christian, so assume we are describing our belief to someone of average intelligence and good moral character, but he is from the other side of the world and knows nearly nothing about Christian doctrine. After you have thoroughly befuddled him with the mystery of the Trinity and the duality of Christ's manhood/Godhood, throw in an explanation of a core Christian doctrine, the Miracle of Transubstantiation. Just for fun, explain that while taking Communion. Assuming he believes you, don't be shocked if he becomes physically ill watching you (from his point of view) drink blood and indulge in cannibalism.

I am not mocking my own religion, I am making the point that to a non-believer, ANY religion is horsefeathers. Civic law needs to rest on non-discriminatory legal precedent, not anyone's Holy Book. To do otherwise invites another generation, using another Holy Book, to turn the tables on us.