Abuse Of Government Office To Try To Silence Free Speech
Walter Olson blogs at Overlawyered that Maryland Assemblyman Emmett C. Burns wrote a letter asking that the owner of the Baltimore Ravens take steps to silence the free speech of one of his players. Burns is against same-sex marriage and player Brendon Ayanbadejo spoke out in favor of it.
Shocking abuse of office to try to quash somebody's speech.
Disgusting that he did this on his legislative stationery.
Walter links to Eugene Volokh commenting on this:
This seems to be a pretty inappropriate thing for a legislator, speaking in a way that stresses his role as legislator, to say to a private employer. There is no express threat of retaliation here, but such letters to private businesspeople -- who often have to deal with legislature on various regulatory issues -- tend to carry something of an implied threat, especially when they stress the author's legislative position.
Walter points out in a comment on his post:
I would not so quickly conclude that "as a single member of a state legislature, Burns has no power to do anything." It's true that Burns doesn't appear to have introduced much notable legislation, and also true that M&T Stadium isn't in his district. On the other hand, he sits on the Economic Matters Committee and its business regulation subcommittee, in which capacity it would not be surprising if he could do things like put holds on emergency bills. As a member of the majority party he also is in a position to have close logrolling dealings with other members. When a demand letter on legislative stationery like this arrives at a regulated business I think the reaction is often something other than, "What a laugh, there's no way he can lay a glove on us."
Related -- from Deadspin, Minnesota Vikings punter Chris Kluwe's response to Burns -- "They Won't Magically Turn You Into A Lustful Cockmonster." An excerpt:
1. As I suspect you have not read the Constitution, I would like to remind you that the very first, the VERY FIRST Amendment in this founding document deals with the freedom of speech, particularly the abridgment of said freedom. By using your position as an elected official (when referring to your constituents so as to implicitly threaten the Ravens organization) to state that the Ravens should "inhibit such expressions from your employees," more specifically Brendon Ayanbadejo, not only are you clearly violating the First Amendment, you also come across as a narcissistic fromunda stain. What on earth would possess you to be so mind-boggingly stupid? It baffles me that a man such as yourself, a man who relies on that same First Amendment to pursue your own religious studies without fear of persecution from the state, could somehow justify stifling another person's right to speech. To call that hypocritical would be to do a disservice to the word. Mindfucking obscenely hypocritical starts to approach it a little bit.2. "Many of your fans are opposed to such a view and feel it has no place in a sport that is strictly for pride, entertainment, and excitement." Holy fucking shitballs. Did you seriously just say that, as someone who's "deeply involved in government task forces on the legacy of slavery in Maryland"? Have you not heard of Kenny Washington? Jackie Robinson? As recently as 1962 the NFL still had segregation, which was only done away with by brave athletes and coaches daring to speak their mind and do the right thing, and you're going to say that political views have "no place in a sport"? I can't even begin to fathom the cognitive dissonance that must be coursing through your rapidly addled mind right now; the mental gymnastics your brain has to tortuously contort itself through to make such a preposterous statement are surely worthy of an Olympic gold medal (the Russian judge gives you a 10 for "beautiful oppressionism").
I love this guy Kluwe!
Minnesota Vikings punter Chris Kluwe pens a great response to Assemblyman Burns. It includes the phrase "lustful cockmonster."
Matt at September 8, 2012 12:00 PM
Amy Alkon
http://www.advicegoddess.com/archives/2012/09/08/abuse_of_govern.html#comment-3324252">comment from MattThanks, Matt -- I think you posted that while I was posting the link to it that I found in Walter's comments.
Amy Alkon at September 8, 2012 12:07 PM
Read this earlier today, and I say "Go KLUWE"! Amazing! He wrote exactly what I've been wanting to say to I can't even count how many elected officials, not to mention other bird-brained nitwits.
*sigh* That guy Kluwe's got a way with words, baby!
Flynne at September 8, 2012 12:55 PM
>> you also come across as a narcissistic fromunda stain.
That one is going to stick with me for life. I only wish I had written it. (for those of you like me who has never heard the word "fromunda" before, it's a slimy \ crusty discharge that can form on a man's balls if he isn't hygenic.)
This guy has a way with words much like HL Mencken.
Eric at September 8, 2012 1:25 PM
And to all who would say, doesn't the Assemblyman have his own free speech, yes, he does. Any politician can say what he wants about an issue, but he can't make unlawful demands to citizens on official letterhead.
The Mayor of Boston did the same thing, on the opposite side of the issue (Chick-fil-A). Which made me more upset because I agree with that side (I am in favor of gay marriage.) But it was still an abuse of power.
clinky at September 8, 2012 2:33 PM
"They won't magically turn you into a lustful cockmonster."
Sort of a shame though, because if that could be bottled and sold through marriage counselors....
jerry at September 8, 2012 4:41 PM
Sniff, it was a beautiful thing to read.
Assholio at September 8, 2012 7:43 PM
> It includes the phrase "lustful cockmonster."
Right. A pretense of erotic sophistication and the thrill of condescension (often the teenage-sarcastic kind) are essential components of enthusiasm for gay marriage.
So... Some things aren't paperwork, though.Maybe it won't happen in my lifetime... Maybe it won't happen in yours, or your daughter's, or your grandson's... But eventually, someone is going to figure out that you can't go through life telling other people what's important to them.
...Even if you work for the TSA.
Crid [CridComment at gmail] at September 8, 2012 9:27 PM
I wonder what odds the Maryland Assemblyman Emmett C. Burns is getting re-elected next time?
Jim P. at September 8, 2012 9:30 PM
Also see this
Crid [CridComment at gmail] at September 8, 2012 10:13 PM
This is wrong. It was wrong for some government officials to try to run Chick-Fil-A's out of town and wrong for a government official to leverage his influence to silence a citizen.
Regardless of one's opinion on this issue, this isn't about that issue, it is about free speech.
What I love about this is we have examples of attempted inappropriate use of government power on both sides of the issue, but on the same side of free speech.
Trust at September 9, 2012 8:02 AM
"...you can't go through life telling other people what's important to them."
Unless it's circumcision or weed, right?
DrCos at September 9, 2012 10:02 AM
> Unless it's circumcision or weed, right?
Bunny, I'm one one who says people can't tell you whether to circumcise or smoke weed... But you'll be expected to be honest and clear-headed about your position, not matter what it is.
Crid [CridComment at gmail] at September 9, 2012 11:04 AM
I mean, Cos, it's like you're offended that people disagree with you... Presumably. You're not even that clear.
Crid [CridComment at gmail] at September 9, 2012 11:06 AM
I found Kluwe's letter interesting. Why is it that some gay marriage advocates are fond of obscenities, anyhow?
Imagine, in an earlier day, Martin Luther King standing at the Lincoln Memorial and saying, "Listen, h*nky motherf*ckers! I have a dream, and you'd better get used to it! We're here, we're black, and in your face, assholes! Free at last, free at last, hey, you white f*cktards, we're free at last!"
mpetrie98 at September 9, 2012 11:10 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/09/08/abuse_of_govern.html#comment-3325189">comment from mpetrie98He also didn't swivel his hips like Chuck Berry at the Peppermint Lounge.
Walter Olson is a law blogger and think tank scholar who is for gay marriage but does not use blue language. It doesn't go with his position.
If, however, you're in the NFL or a comedian, you don't have the same constraints on your language.
I have "Fuck" in my next book title. Although it'll have to be written "F*ck."
It's funny. It makes people laugh. And it takes the piss out of the manners/etiquette thing, as does the content of my book. (I don't care what you do with your fork as long as you don't shove it up the ass of the person seated next to you.)
Amy Alkon at September 9, 2012 11:25 AM
Right. A pretense of erotic sophistication and the thrill of condescension (often the teenage-sarcastic kind) are essential components of enthusiasm for gay marriage.
Well, not just for gay marrige crid, also for nearly all of your responses.
"...you can't go through life telling other people what's important to them."
Unless it's circumcision or weed, right?
Posted by: DrCos
So Doc, what you are saying is, if I really belive in circumcision I can hold you down and preform it on you?
lujlp at September 9, 2012 12:22 PM
How come you never got back to us with a cite for this?
Also, you need to explain why you said that people who can't speak conversational English shouldn't be allowed into the United States until they're severely beaten. Because that's what you think.
Crid [CridComment at gmail] at September 9, 2012 9:01 PM
@mpetrie88 - you've never read anything on deadspin before, have you? Kluwe's style in this piece is an imitation of Drew McGary, another writer there. Regardless of his potty-mouthedness, he properly shames an elected official who would argue that one's job (football player) should preclude one from engaging in his basic first amendment rights.
If you disagree, you can go fuck your mother.
Not sorry if those words upset you.
ILOVEFOOTBALL at September 9, 2012 11:16 PM
> If you disagree, you can go fuck your mother.
Rhetoric, y'know?
Crid [Cridcomment at Gmail] at September 10, 2012 8:03 AM
Crid, the opinion of someone who claims the right to fuck children dont matter to me?
Oh you never claimed that, well I'm just going to say that you did, its not like you have cause for complaint what with you claiming I wrote thing I never wrote.
So fuck you, child rapist
lujlp at September 11, 2012 8:47 AM
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