When the woke and advocates for victims of every type are in control, they push really stupid things. (Just like the conservatives they oppose. Stupid, but different.) As we should expect in a Biden-Harris regime, emboldened by their “landslide victory” over the Orange Man Bad. We are going to see a lot of really bad, stupid, evil, and often deadly laws pushed – and too many pushed through. Even if McConnell still leads the Senate.
Apparently, here is one really, really bad and stupid idea for a law that has been revived.
As described more than four years ago in an article at Personal Liberty, the idea is bold. And disgusting. In addition to personal injury – caused by violence or neglect, financial injury – theft, fraud, and so on, and injury to property, supposedly the 9th Amendment and “evolving relational society” has created a fourth kind of injury. This is called “dignitary harm” or “dignitary injury.”
Back in 2016, the Dems in Congress introduced this lovely piece of legislation. Section 2 of the “Do No Harm Act” stipulated that “the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law that imposes meaningful harm, including dignitary harm, on a third party.” (Emphasis added.) “Dignitary harm” does not involve fraud, failure to honor contractual obligations or injury to person or property.
It is properly called “hurt feelings.” And third party? Anyone who might possibly be “harmed” by something said or written. Whether they are present at the class or worship assembly, or in the street near the soapbox on which the street preacher is standing. Third party can include ANYONE anywhere, anytime, that has their feelings hurt by something that is said, written, or done.
Isn’t that amazing? Of course, like ALL government “laws” – someone has to have “standing” to be protected. If MY feelings are hurt because someone tore down a statue of Columbus, or Robert E. Lee, or George Armstrong Custer in Massachusetts or Texas or Michigan, I am almost certainly to be found “without standing” in claiming that those vandals caused me “dignitary harm” because I was angry, lost sleep, or something else that constitutes (in the view of the judge) to be “meaningful harm.”
But if some flaming liberal cross-dressing transsexual pervert in Hawai’i is upset and loses sleep over something I wrote in a Bible study 25 years ago about how it is a sin to practice homosexuality? They will find SOME way to make sure that they have “standing” and ensure that I can be dragged into court and punished.
Of course, I will be allowed (for now, at least) to defend myself, or even find an attorney to defend me, against these accusations. Of course, my defense will be limited: almost certainly I cannot argue that it is a stupid, immoral, unconstitutional law. Rather, I will have to show that there really wasn’t any meaningful harm – not even “dignitary harm.” Or I can throw myself on the mercy of the court, begging that I really didn’t mean to harm that particular person. Or that I have repented of my evil ways. So please give me a slap on the wrist.
That way, I would only be crucified by the Twitter Court, the Facebook Court, and the People Magazine Court.
But the vandals? They don’t even have to go to court – the cops have been ordered not to issue even a ticket. And all they receive in Tweets and Facebook postings (that are allowed to remain up by the censors) are a lot of likes from their ilk.
Of course, a hurt-feelings law would be far from the worst law, the most stupid law (or other action) to make it through Congress and the White House. After all, there are at least NINE other articles of the Bill of Rights they want to wipe out.
And a few last flames of liberty to extinguish.
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Just like the stone cutting,chipping away at the mountain. The mountain looks down and laughs. 20 years later the mountain is gone.