Archives for posts with tag: the First Amendment

Weapons are nothing but repurposed tools. Sometimes ‘enhanced’ to fit the new goal.

Clubs had started as fruit harvesting utensils, then used for hunting purposes and eventually for bashing in the heads of those who had slept with the missus when the wielders weren’t looking. And so on…

As a tool, an implement is used to ‘put things together’. As a weapon, the same (kind of) implement is used to ‘set things apart’. An axe can be used to split wood in order to build a fire or to ‘split’ furniture during a fit of rage.
Generally speaking, a tool is used towards the ultimate goal of adding to/fine tuning a structure while a weapon is used to destroy/disable something which is meant to remain so.

Our ability to communicate was ‘the’ tool which actually transformed us into what we are today. Humans.
At least according to Humberto Maturana. His theory maintains that we’ve become self-aware social individuals through what he calls languaging.
In a nut-shell, he says that we’ve become humans – self conscious apes, by continuously expressing our thoughts towards the other members of the community. Hence simultaneously building an ‘agora’ and ‘walling in’ individual private spaces.

Yet the same ability to communicate can be used also as a weapon.
Instead of being used by individuals to mutually groom themselves, and ultimately adding to the overall resilience of the community, ‘weaponized’ communication is used to ‘downgrade’ susceptible individuals. Hence lowering their ability to coalesce into functional communities.

History suggests that, in the longer run, democracy – as a manner of decision making, increases the survivability of the communities which use it. Simply by pooling the decision making resources of the entire community instead of relying on the mental prowess – and good will, of a single authoritarian leader.
Only for democracy to be fully functional, the individual members of the community have to be able to share, in earnest, their thoughts.
This is why Freedom of Speech has been enshrined in the First Amendment.
That’s why whenever the public discourse becomes increasingly dominated by ‘fake-news’ things start to go south.

That is why whenever people allow themselves to be split into warring parties – with no real communication between the sides except for the misinformation hurled across the divide, both sides eventually end up wondering at the destruction they had allowed the ‘communication warriors’ to inflict upon them.

Practical reason:
“All the forms of rationality so far considered involve proceeding from one belief to another. But sometimes people proceed from belief to action. Here desire as well as belief is relevant, since successful rational action is action that satisfies one’s desires.” Encyclopaedia Britannica.

On behaving reasonably:
The standard of behaviour is external. Generally, the law examines only conduct, not the excitability, ignorance, or stupidity that may cause it. The courts determine what the hypothetical “reasonable person” would have done in the situation. Such standards also demand a degree of foresight in anticipating the negligence of others—especially of special groups such as children.
The reasonable-person test presumes certain knowledge—e.g., that fire burns, water may cause drowning, and cars may skid on wet pavement. Community custom will influence such presumptions, such as the practice of driving on a certain side of the road even on private roads, a situation in which laws do not apply.

The Supreme Court on Monday (June, 2018) ruled in favor of a Colorado baker who had refused to create a wedding cake for a gay couple. The court’s decision was narrow, and it left open the larger question of whether a business can discriminate against gay men and lesbians based on rights protected by the First Amendment.

““Why aren’t you wearing the mask?” Jesse asked the customer on a recent day at a store in Rancho Palos Verdes, Calif. “I am not here to question what you believe in. These are the rules. I am just asking you kindly to wear the mask.”
The customer, Genevieve Peters, who was recording the entire exchange, refused. “We are in America here,” she said, “Land of the free.” Then she turned her camera on other shoppers, who were less than amused: “Look at all of these sheep that are here, all wearing this mask that is actually dangerous for them.”
Jesse, identified only by his first name in the video, telephoned the police, who did not arrive. Finally, when Ms. Peters left the store, others customers burst into applause.” (https://www.nytimes.com/2020/05/15/us/coronavirus-masks-violence.html?action=click&module=Top%20Stories&pgtype=Homepage)

‘The reasonable person test presumes certain knowledge’ … that businesses are allowed to ‘weed out’ customers based on the Bill of Rights… and that Covid-19 is a hoax…

‘Sheeple’…

105 Pastors Wrote a Letter To Keep Yoga Out of Ohio Schools. They Succeeded.
By Terry Firma

The endorsement of yoga is a violation of the First Amendment’s Establishment clause, which forbids government from picking religious winners and losers and enforcing its choice.

Based on my own experience, I consider transcendental meditation, with its veneration of the Maharashi Mahesh Yogi, uncomfortably close to a (half-baked) religion. Yoga, not so much, but opinion on that score is divided. You don’t have to be an angsty Jesus fan to concede that, depending on which yoga precepts are taught, its practice (derived from the Vedic / Hindu tradition) can veer into spiritual and religious territory. For consistency’s sake, it might be a good idea for atheists and agnostics to make common cause with the pastors (difficult though that may be!), and to err on the side of preferring that yoga instruction and public schools remain separate.

The first quote comes from the letter sent by the 105 pastors to the school districts in Ohio.
The second expresses Terry Firma’s own thoughts. Terry Firma being the author of the article…

Until reading his opinion I was convinced nobody else but those 105 pastors actually believed yoga could be considered a religion. Not in the First Amendment’s sense, anyway.

Here being the problem. A huge one.
By enlarging the definition of religion to encompass yoga – which is basically a practice, you end up with a wide enough definition to ‘engulf’ many other things. Science, and atheism, included.

Which, at some point, will be bundled with the items banned from being studied in schools.

What’s going on here?
Nothing much.
This is how ‘being rational’ works. You marshal all the resources you can identify towards reaching your goal.
Can the First Amendment be ‘helpful’ towards what ever I have in mind?
Does it mean that I’m going to actually weaponize it?

So what, if I’ll get a step closer to my target?

Have you considered all the consequences?

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