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Archive for the ‘Freedom(tm)’ Category

Where white folk celebrate the kindly Uncle Tom caricature that they’ve made of Dr. Martin Luther King Jr., who was a nice negro (in their caricature version of him, not in real life, where he was righteous and fiery and said tons of things that white people wouldn’t like to be reminded of today).

So fuck that. I’m more sad about the death of Dolores O’Riordan, whose Irish lilt and clear enunciation made for a distinctive and refreshing voice on a radio filled with sloppy slurred drugged-out singers in the early 90’s. She was only 46, and still in fine voice just a few months ago…

Fuck reality. Donald fucking Trump is still alive despite consuming more Big Macs than the entire city of Detroit, and someone who actually contributed beauty to this world dies young? That’s why I know if there is a God, he’s a vicious and vindictive son of a bitch and I want nothing to do with him. Besides, Hell would have better company.

– Badtux the Sad Penguin

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Apparently he wants to get on that $100K/speech wingnut welfare rubber chicken circuit, showing up at Young Republicans conkkklaves at universities and public rallies calling for white pride and giving speeches about how the white man is oppressed, oppressed I say, oppressed by The Man. But to do that, he has to raise his profile. Like, for example, by actually filing a lawsuit against Google:

<blockquoteMore specifically, it accuses Google of singling out, mistreating and systematically punishing and terminating employees who “expressed views deviating from the majority view at Google on political subjects raised in the workplace and relevant to Google’s employment policies and its business, such as ‘diversity’ hiring policies, ‘bias sensitivity’ or ‘social justice’…”

There’s one problem with this: California is an “at will” employment state. You have no right to a job in California. You can be fired for any reason in California other than for membership in a protected class enumerated in law. And “conservative asshole” isn’t a protected class in any law of the country.

In short, Google would have been in the right for firing him because they didn’t like his hairstyle or his shoes, because California requires no cause for firing — you can be fired for any reason, no matter how stupid, as long as it’s not because of your sexual orientation, sex, race, or religion, or the special case of “whistleblower” (which requires reporting illegal conduct to the government). Damore claims he was fired for being white or male, but chances of him proving that via discovery are virtually nil. There will be no smoking gun saying “let’s fire this guy because he’s white!”. No, the only smoking gun they’ll find is “let’s fire this guy because his opinions are an embarrassment to our company!”. Which is an entirely legal thing to do in the state of California, because employment here is a private contractual relationship between employer and employee that can be terminated by either side. The Governor Reagan era employment laws in California were written in an era where having Big Government telling a private company who they must employ or not employ would have been considered Communism and thus evil, thus basically your only remedy if you’re fired is to get another job.

But hey, this isn’t actually a real lawsuit anyhow, it’s just to raise Damore’s profile on the wingnut welfare circuit, so it doesn’t matter that a judge will take one look at that and bang “Dismissed” upon receiving Google’s “motion to dismiss for lack of cause”. That’ll give Damore just one more talking point about how he’s being oppressed, oppressed I say, by Big Liberal Meanies. I just find it amusing that Damore is whining about being fired for his opinions, when it’s perfectly legal to do so outside of a union contract or a socialist country. Amazing how Damore hates unions and socialism — both of which probably would have kept him in his cushy job at Google. Talk about reaping what you sow!

Once again, James Damore: Right wing asshole is not a protected class under California law, thus Google can decide they don’t like you so they won’t employ you. It’s called FREEDOM. Google has it. Why do you hate FREEDOM, James Damore? Oh wait, because hating FREEDOM gets you those cushy wingnut welfare speaking gigs. Alrighty, then!

– Badtux the Snarky Penguin

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The most dangerous place for a reporter to be in America today is at a protest. Not because they’re attacked by protesters. Rather, because police officers regularly attack the press at protests and regularly destroy their equipment. 1st Amendment guarantee of a free press? The Constitution is just a piece of paper, right?

Meanwhile, even when reporters do get the story, media outlets are afraid to print investigative reporting about oligarchs because the oligarchs own the courts and can put them out of business.

Indiana proposes licensing only “responsible” people to be reporters. Presumably any reporter who dares report on a protest or reports things the oligarchs don’t want reported is “irresponsible”.

And of course the Orange Racist Russian Stooge keeps trumpeting that any media critical of him is “fake” and his deplorable followers regularly threaten reporters.

Combined with the fact that most reporters now aren’t full-time staffers of newspapers, they’re part-time stringers for wire services who don’t have access to the legal resources of a major media outlet, and you get a serious issue where proper reporting is being suppressed by the government and the government’s supporters.

One of the first things that fascist regimes try to do is shut down any media that’s critical of them. Erdogan has done that in Turkey, and it appears the deplorables and their God-Emperor Donald the Trump are bound and determined to see that happen here too. Because remember, people. The Constitution, and the 1st Amendment that it contains, is just a piece of paper.

Or is it that the Constitution just has one paragraph, the 2nd Amendment?

So confusing!

– Badtux the Press Penguin

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Says that the statute of limitations for false imprisonment starts when you’re initially falsely imprisoned, not when you’re released.

In this case, a U.S. citizen was falsely imprisoned for 3 years by ICE, which accused him of being a non-citizen despite his repeated assertions to the contrary including copies of his father’s naturalization certificate and his birth certificate showing otherwise. A Federal court ordered that he be paid damages for his false imprisonment. The court of appeals overturned that order, stating that the clock on the statute of limitations started ticking when he was imprisoned, not when he was released. Even though it took three years for him to prove false imprisonment in the first place so that he could be released.

So it appears that if the U.S. government wishes to avoid paying damages for false imprisonment, all they have to do is drag the case out for more than two years, and any award granted will be overturned because the statute of limitations has run out.

Yeesh.

If California courts followed that reasoning, that the statute of limitations starts ticking when the crime starts, not when the crime ends, all I’d have to do is kidnap a kid, hold her for 10 years and 1 day, and then I’d be home free because the statute of limitations in California is 10 years so I couldn’t be prosecuted for kidnapping. If that seems fair or right to you, you’re a loon.

– Badtux the Disgusted Penguin

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Not even controversial amongst scholars. Criminalizing black people with discriminatory “black codes” enforced only against black people was one of the primary tools used to re-enslave black people in much of the USA after they were officially freed by the 13th Amendment to the Constitution.

In fact, the whole reason felons can’t vote in much of the US is exactly because of that — because it allowed the white power structure in much of America to remove the right to vote from wide swathes of black and brown people by simply arresting them and convicting them of crimes that would not have resulted in arrests and convictions if it had been white people. This is why Texas is a solid Republican state with a virtually all-white state government and congressional delegation right now, even though white non-Hispanic people are only 42.6% of the population in Texas (Hispanics are 39.1%, blacks are 12.6%, “other” for the rest). If you disenfranchise black and brown people, you can stay in charge even though you’re only 42.6% of the population. Yay.

But hey, we have Freedom(tm) here in America. U S A! U S A! U S A! Fuck yeah, land of the Free(*) and home of the Brave(**)!!!!

– Badtux the Snarky Penguin
(*) Offer void upon having wrong skin complexion.
(**) For definitions of the word “brave” that only include being terrified by people of color.

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The Bakersfield P.D. and Kern County Sheriff’s Department are the most brutal police departments in the country, killing more people per capita than any other police departments in the country.

So… color me unsurprised that they beat the shit out of a black girl that likely gave them lip when they stopped her on the street thinking she was a man. In the police report, the suspect was described as “a 5’10”-6’0″ tall, 160-170 pound black male in his 20s or 30s with a shaved head and goatee, who is ‘transient in appearance.'” Which is not a 5’2″ 120 pound girl, no matter how muscular she is (good slave genes, that).

And the response of the police union? “It’s their job to detain and question people who fit the description of a wanted individual.”

Which totally describes a 120 pound girl when the wanted individual is a 170 pound black male with a shaved head and goatee… SNRK!

But hey, she’s just a darkie, so nothing’s gonna happen. Nobody will get arrested. Nobody will get fired. Hell, nobody would go to prison even if she’d been a white girl, though they would likely have fired the cop for that. But a black girl? Naw. Paid vacation, at most. That’s all.

‘Cause that’s how it rolls, in a police state. In a police state, the police can do anything they want, and nobody will — or can — do anything about it. Yay, Freedom(tm)! For cops, anyhow. And rich people who can buy the law. So it goes.

– Badtux the Sovok Penguin

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Watch. Then read the rapidly changing story.

Turns out that the roid-raging skinhead who attacked the kid was a LAPD cop, so he gets a get-out-of-jail free card from the Anaheim Police, and the kid gets arrested. Of course, that doesn’t stop the inevitable civil lawsuit. But the chances of this roid raging skinhead actually being charged with assault is slim to none.

I have now watched all the videos. I don’t see a gang of thugs. What I see is a bunch of ordinary middle school students pretty much like the ones I used to teach, complete with book bags and attitudes. They aren’t behaving in a threatening manner until the very end, they’re gathered around expressing their concern, granted not in a respectful manner, but they’re middle school students for fucks sake, meaning automatically they’re mouthy, hormonal, and disrespectful. It’s an age where, if you ask your hormonal 13 year old kid to clean his room, he yells “I hate you! I wish you were dead!” and you eye-roll and say “no you don’t. Clean your room, or you’re not getting supper”. These kids are puppy dogs, whining “C’mon, let our little buddy go!” and the cop smirks and says “No!”. And this roid-raging skinhead needed a gun to deal with them. To deal with a dozen ordinary middle school students. A dozen ordinary puppy dog middle school kids who for the most part who are acting more mature than he is.

Talk about your ball-less wonder. Needs a fucking gun to deal with a half dozen ordinary middle school kids? Jesus fucking Christ on a goddamn stick, the tiniest little old lady middle school teacher has more balls than this skinhead asswipe, she goes into classrooms with 35 middle school kids six times a day, and she goes in there, she teaches what she can teach to 35 hormonal disrespectful loud middle-school kids (hey, look, it’s not easy, okay?), then she walks out at the end of the day and goes home and puts up her feet and grades papers. All without having to pull out a gun, or call for police backup, or anything.

But that little old lady middle school teacher has balls (well, big fucking ovaries, anyhow), and this roid-raging skinhead doesn’t. The steroids have shrunk them until they’re teeny, tiny little peas.

And no, these aren’t gang bangers. If they were gang bangers, the skinhead cop would be dead. Did you see that lame-ass draw? It musta took him ten seconds to get that gun out of its holster! Gang bangers woulda curb-stomped him to death way before then. Yeah, I taught gang bangers one year at an alternative school. That’s why I know the difference between gang bangers and ordinary puppy dog middle school kids. This lame-ass roid raging skinhead cop better hope he never comes up against real gang-bangers, ’cause he’ll be dead if this is how lame he really is.

Oh yeah, what sparked the altercation? Apparently the skinhead cop’s house is on the corner, and the kids cut across his front yard to get from the middle school to their street. So he starts yelling at the kids, they roll their eyes at him and mouth off at him (but obviously kept going, since this video was shot three houses down) with one of the kids yelling back at him to be respectful to the girl the skinhead was cursing at, and the skinhead chases them down and grabs the kid who yelled to be respectful to the womenfolk, a shrimpy little thirteen year old kid. Because he wasn’t going to grab one of the bigger fifteen year old kids. A bigger kid might have been mean to him. And that’s where the video starts.

Now: 1) Crossing someone’s front lawn is not a criminal offense in California. It is a civil offense, civil trespass. If the kids had lingered on his lawn and refused to move on, it would have then been criminal trespass, but the fact that this is taking place three houses down from the corner is pretty much proof that wasn’t the case. 2) Being a mouthy 13 year old is not a crime. Otherwise nobody’s kid would survive being 13 years old. 3) Police officers are only allowed to detain people when there is a reasonable suspicion of a crime. Since neither civil trespass nor being mouthy is a crime, this skinhead quite clearly was not functioning in his capacity as a police officer. 4) The skinhead then makes up a threat that the 13 year old was going to “shoot him” for (illegally) grabbing the 13 year old, even though everybody around agrees that the 13 year old said “sue” and even though the skinhead was committing assault and battery in the first place by illegally grabbing the 13 year old without reasonable suspicion of a crime and thus under self defense doctrine, the kid would have been justified in shooting the officer. 5) The skinhead then starts pulling the 13 year old kid across a neighbor’s lawn (incidentally, committing the same act of civil trespass that he was accusing the kids of committing!), panics when the kids swarm around him and start trying to pull their homie away from him, pulls out his gun, and fires it. Which a jury in the state of California would throw the book at if he were a civilian, because there’s an easier solution which is to let the 13 year old go, step back, and wait for the Anaheim cops to handle it. This is a state where a woman got sent to prison for ten years for shooting and killing her ex-husband when he entered her home in violation of a restraining order. Yeah, there’s no “duty to retreat” in state law, but juries have pretty much written one there.

Now, about the supposed “threat” to “shoot” the roid raging skinhead that both the kid and his homies deny he said. The thing is, a threat is more than just saying something mouthy. There has to be a reasonable fear that the person saying something actually intends harm. Did that dude look like he felt threatened by that kid at the start of the video? No? Well, no terroristic threat. So even if the kid *had* said “shoot” rather than “sue”, it would have been like if one of my middle school students had said “You gave me an F! I hate you! I’m gonna shoot you!”. I would have just given him an eyeroll and said “no you’re not. Open your book to page 102, and study this time” and moved on. Arrest him? Call the cops on him? Pull a goddamn gun on him? Fuck, if I had done that with every middle school kid who got mouthy and disrespectful during the course of a school year, all my students would have either been in jail, or dead!

It’s all about balls. Little old lady middle school teachers got’em (well, the ovary sort) This ball-less wonder skinhead cop? He wouldn’t have lasted ten minutes in a middle school classroom with typical mouthy disrespectful middle school kids. They would have jabbed at him, he would have raged at them, and by the end of ten minutes he would have lost it and done something that got him fired. ‘Cause it takes balls to deal with middle school kids. You have to be calm, dispassionate, and not take anything personally, but firm. You have to be willing to make a snarky comment where necessary, and where *not* to make a snarky comment for that matter. You have to *talk* to the kids — *really* talk, not just dismissive snark all the time. You have to connect with the kids, figure out where they’re coming from, and try to move them to where they need to be. It’s fucking *work*, and takes balls that fucking *clang*, and this roid-ragin’ skinhead? Ten minutes. Max. I guarantee. That’s the longest he would last in a classroom with 35 middle school kids. Ten minutes, and he’d be fucking *out* of there.

What a fucking loser.

– Badtux the Former Middle School Teacher Penguin

Update: A defense lawyer costs $10,000, so the family of the 13 year old put up a YouCaring fundraiser to raise the $10,000. The fundraiser was up for only twelve hours and already raised over $15,000. Plus lawsuits have now been filed against the officer and against the City of Anaheim. Yeah, with all this video evidence and all these witnesses this cop may stay out of jail thanks to the Anaheim PD doing a cover-up for him, but he’s going to be living in a shoe box afterwards.

Update #2: So some more information here: the roid-raging skinhead is apparently Kevin J Ferguson of 1603 W Palais Rd, Anaheim CA. The first lawn he drags the kid onto belongs to 1633 W. Palais Road, which is three houses down from the skinhead’s house. I.e., not his lawn. Once the kid is dragged over the hedge, they are then in the driveway of 1627 W. Palais Road, which again is not his driveway. He cannot go further than that because there is a white picket fence between the driveway and 1627’s lawn, then there is another house, then there is the concrete block wall that is around his back yard and protects his RV. So he stopped at that driveway and fired his gun to scare the other kids away.

Where was this skinhead trying to drag the kid, since obviously he wasn’t trying to drag the kid back to his own house? What kind of moron chases a bunch of kids for half a block then picks a fight with a dozen or more kids without backup?

Looking at his lawn, he could prevent kids from walking on his lawn by simply erecting a white picket fence exactly like that of 1627 W. Palais Street, which obviously is legal in that subdivision since 1627 has one. He certainly does have a well landscaped lawn, albeit one that won’t stand up well to foot traffic. But c’mon. We’re talking about frickin’ plants here. Frankly, if it were my front lawn, I’d just go ahead and xeriscape it with desert plants appropriate to the Anaheim climate and let the kids get tangled up in lots of chollo and prickly pear. Yeah, I think they’d stay off my lawn after picking chollo segments out of their clothing for the next few days ;).

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