Saturday 23rd May 2015

Home » Frontpage » Currently Reading:

Race And Freedom

May 3, 2014 Frontpage No Comments

By ANDREW P. NAPOLITANO

Cliven Bundy should be happy for the public revelation of the private comments of fellow racist Donald Sterling; the latter has replaced the former as the person Americans most love to hate. These two bigots recently spewed racial hatred: Bundy suggesting that African-Americans might do well to consider slavery over freedom, and Sterling offering disjointed comments that reveal his evident beliefs in white supremacy.
Bundy is a Nevada rancher who became a hero to the right for standing up to the heavy hand of federal suppression of property rights in the West. He and his family had been grazing their cattle on land they believed was theirs or the state of Nevada’s for more than 100 years, when along came the federal Bureau of Land Management (BLM), which claimed the land and assessed Bundy for his use of it.
A federal judge upheld the claims and the million-dollar assessment; yet Bundy refused to pay. Instead of filing the judgment in a courthouse, as you and I would do if we had a judgment against Bundy, the feds showed up with 200 camouflage-clad machine gun-bearing federal agents determined to steal Bundy’s cattle.
Soon, thousands of Nevadans showed up to support Bundy, whereupon the feds enacted a “free speech zone.” They ordered the protesters either to remain silent, or to enter the zone and protest there. The zone was a 25-square-yard patch of earth in the Nevada desert, three miles from the Bundy/BLM confrontation site.
Sterling is a billionaire who owns the Los Angeles Clippers of the National Basketball Association (NBA) and was a hero to the left for his public support of liberal causes. He has given generously to the Los Angeles chapter of the NAACP and to the Democratic Party in California.
He is white, married, and apparently enjoys the company of a biracial girlfriend. Recordings of his several wild, weird, disjointed rants directed to the girlfriend and uttered in the privacy of his own home have been played publicly. In them, Sterling directs his girlfriend not to attend Clipper games in the company of her African-American friends.
Both of these men used hateful and hurtful words that were animated by truly condemnable attitudes about race. No moral person credibly could suggest that slavery is preferable to freedom, and no moral person credibly could suggest that whites are superior to blacks in any respect. Those were attitudes advanced by antebellum slave owners and 20th-century supporters of laws that used the machinery of government to harm blacks during the 100 years following the Civil War.
All rational people, understanding the colorblindness of the natural law, have a moral obligation — but not a legal one — publicly to treat persons of different races with equal dignity and respect. I can morally prefer a friend or a mate who is of my race, but I cannot morally hate a potential friend or mate just because the person is not of my race. I do not know what is in their hearts, but Bundy and Sterling are apparently haters.
What to do with them because of their speech? Nothing. I mean nothing. Racially hateful speech is protected from government interference by the First Amendment, which largely was written to protect hateful speech. Neither Bundy nor Sterling has been accused in these instances of racially motivated conduct — just speech animated by hatred.
In the Bundy case, the feds did suppress speech by keeping it three miles away from them. Free speech, assembly, and the right to petition the government would become empty and meaningless if the governmental targets of the speech and assembly could not hear it. The First Amendment will condone outlawing the use of a bullhorn by protesters in front of a hospital at 3 o’clock in the morning. But it will not condone free speech zones for the sake of government convenience. The entire United States of America is a free speech zone.
In Sterling’s case, is it fair to punish someone for speech uttered in the privacy of his home? It would be exquisitely unfair for the government to do so, but the NBA is not the government. When Sterling bought his basketball team, he agreed to accept punishment for conduct unbecoming a team owner or conduct detrimental to the sport. Is speech conduct? For constitutional purposes, it is not; the Constitution does not restrain the NBA. It is free to pull the trigger of punishment to which Sterling consented.
But it needn’t do so.
Hateful and hurtful words have natural and probable consequences where the people are free to counter them. The government has no business cleansing the public marketplace of hateful ideas. The most effective equalizer for hatred is the free market. It will remedy Sterling’s hatred far more effectively than the NBA can. As advertisers and sponsors and fans desert Sterling-owned properties, he will be forced to sell them, lest his financial losses become catastrophic. And it has removed Bundy from the public stage altogether.
But don’t hold your breath waiting for the forces of freedom to nullify hatred. Soon the forces of darkness will attempt to do so as creative prosecutors and hungry litigators bring the government into the fray. I hope they stay home and follow the natural law principle of subsidiarity, which mandates that public problems be solved using the minimum force necessary, not the maximum force possible — and no force at all where peaceful measures are just as effective.
I would not invite Bundy or Sterling into my home, nor would I befriend them. But I will defend with zeal and diligence their constitutional freedoms.

+    +    +

(Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.)

Share Button

Comment on this Article:

Untitled 3

Pope FrancisAn Open Letter To His Holiness Pope Francis      Given the controversy and confusion surrounding the 2014 Synod on the Family, the staff of The Wanderer and its supporters thought it appropriate to address Pope Francis with an open letter . . .

Boy Scouts president: We need to allow open homosexual leaders

May 22, 2015 (LifeSiteNews.com) – Boy Scouts of America president Robert Gates says the youth organization must change with the times and allow open homosexual men to serve as Scout leaders. Gates, the former U.S. Secretary of Defense and CIA…Continue Reading

Federal Court Forces University of Notre Dame to Obey Pro-Abortion HHS Mandate

A federal appeals court has denied a request by the University of Notre Dame to get out of having to comply with the pro-abortion HHS mandate that is a part of Obamacare and requires businesses and church groups to pay…Continue Reading

The Reception of Holy Communion in the United States

This year marks the 50th anniversary of the close of the Second Vatican Council. Pope Francis has decided to mark the occasion with the “Year of Mercy.” Despite much happy-talk and positive papal press, it is a time of foreboding in…Continue Reading

‘Eleven Christians Killed Every Hour,’ Says Irish Bishop

According to Bishop John McAreavey, the Chair of the Council for Justice & Peace of the Irish Catholic Bishops’ Conference, statistics show that the situation of Christian persecution in the world is far more dire than most people understand. The…Continue Reading

Africa’s experience of family life must be heard at synod, Pope tells Togo’s bishops

Pope Francis received Togo’s bishops in audience on May 11 as part of their quinquennial ad limina visit to Rome. The West African nation of 6.8 million is 20% Muslim, 15% Protestant, and 14% Catholic, with approximately half of the…Continue Reading

The eco-encyclical won’t commit the Church to unsettled science

By the time the environment encyclical of Pope Francis is released, it will be anti-climactic. Not anti-climate change to be sure, as the Holy See is certainly enthusiastic about the issue. Actually, it is against climate change, but enthusiastic about…Continue Reading

“America’s Changing Religious Landscape.”

The Pew Research Center just released its latest study on “America’s Changing Religious Landscape.” The subtitle tells the story: “Christians Decline Sharply as Share of Population; Unaffiliated and Other Faiths Continue to Grow.” For our purposes, I want to focus…Continue Reading

Vatican cardinal sees no change in family teachings at synod

VATICAN CITY (AP) — A senior Vatican cardinal predicted Saturday that there will be no change in the Catholic Church‘s practice and teaching about marriage, divorce and the reception of Communion at an upcoming meeting of bishops on family issues. Cardinal…Continue Reading

Synod Leader: Don’t Expect Changes in Catholic Church Policy

Hungarian Cardinal Peter Erdo, who is playing a key role in the Catholic Church’s upcoming Synod of Bishops on the family, said there will be no changes in church policy coming as a result of the summit. There has been…Continue Reading

Germany’s bishops vote to allow Church employees to publicly defy Catholic teaching

WURZBURG, Germany, May 6, 2015 (LifeSiteNews.com) — On April 27 in Würzburg, the German bishops approved with more than a two-thirds majority a reform of the Catholic Church’s Labor Law in Germany, allowing some Church employees to publicly defy Church…Continue Reading

Archbishop Cupich Getting Comfortable With Pro-Aborts On Immigration Reform

True to his claim that immigration reform is “God’s agenda,” Chicago Archbishop Blase Cupich has been cozying up to pro-abortion Democrats to get his social justice initiatives underway.  On Sunday, the Archbishop joined Senate Minority Whip Dick Durbin (D-Il), a…Continue Reading

Pope’s doctrine chief under attack as he takes strong stand for marriage and family

muller

ROME, May 1, 2015 (LifeSiteNews.com) – Pope Francis’ top advisor on Catholic doctrine is coming under attack as he continues to defend the Church’s teaching on marriage, family, and sexuality amid a campaign by a “progressive” faction of prelates. On…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to subscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 145 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.

 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

12 Ways to Become a Committed Catholic Man

There is a Catholic “man-crisis.” Large numbers of men who were baptized Catholic have left the Church and the majority of those who remain are “Casual Catholic Men”, men who do not know the Catholic faith and don’t practice it. This large-scale failure of Catholic men to commit themselves to Jesus Christ and His Church has contributed to the accelerating…Continue Reading

Today . . .

At the General Audience Francis asks that fathers and mothers take back their full role as educators

2015-05-21 L’Osservatore Romano “It is time for fathers and mothers to return from their exile – for they have exiled themselves from bringing up their children – and to fully resume their educational role”. This was the Pope’s declaration at the General Audience on Wednesday morning, 20 May. Continuing his series of catecheses on the family, he spoke to the crowds – many of them families – about the importance of parents as educators. The…Continue Reading

Pope’s appeal for World Day of Prayer for Church in China

(Vatican Radio) At his General Audience on Wednesday, Pope Francis made a special appeal for prayer for Catholics in China.   The Holy Father’s appeal comes ahead of Sunday’s feast of Our Lady, Help of Christians, celebrated throughout the world on May 24. Chinese Catholics have a special devotion to Mary, Help of Christians, whose feast day is marked with special devotions and pilgrimages, especially to the National Marian Shrine of Sheshan in Shanghai. In…Continue Reading

General Audience: Parents’ Vocation To Educate Children

pope784

(Vatican Radio) In his catechesis at the General Audience on Wednesday, Pope Francis focused on the role of parents in the education of their children, which he called “an essential characteristic” of the family. The Holy Father noted the many difficulties facing parents today, especially those who find themselves in difficult situations. He spoke especially about the difficulties of separated couples, calling on them to “never, never, never take the children hostage!” He spoke out…Continue Reading

Pope to Mideast nuns: pray for peace, persecuted

(Vatican Radio) Saying he was giving them a “mission,”  Pope Francis has asked religious sisters from Bethlehem and the Middle East to pray for peace in the region and for two new Palestinian saints. 19th century Sister Miriam of Jesus Crucified Baouardy and Sister Marie-Alphonsine Ghattas were canonized in a big outdoor Mass presided by Pope Francis in St. Peter’s square on Sunday. Many of the Carmelite and Rosary sisters who had attended the canonization had…Continue Reading

What If We Didn’t Have A Constitution?

By ANDREW P. NAPOLITANO What if we didn’t have a Constitution? What if the government were elected by custom and tradition, but not by law? What if election procedures and official titles and government responsibilities merely followed those that preceded them, and not because any of this was compelled by law, but because that’s what…Continue Reading

Open Letter To U.S. Bishops Attending The Synod… The Church’s Teachings On The Family Need No Updating

By MICHAEL HARTNETT (Editor’s Note: Michael Hartnett lives with his family in the Chicago area, where he works as a project manager and public policy analyst. He has authored or coauthored numerous published reports that address federal transportation, environmental, and pension and retirement policies. He holds a bachelor’s degree from the University of Florida and…Continue Reading

Culture Of Life 101 . . . “Aren’t Homosexuals Born That Way?”

By BRIAN CLOWES (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995.) + + + The most powerful weapon in the homosexual special rights arsenal is the victim status. A close second is the allegation that homosexuals are “born that way.” If scientists can show that homosexuality…Continue Reading

The Passing Of The Word “God”

By DONALD DeMARCO The Word of God will never pass away. But the word “God” continues to pass into oblivion. In some quarters the word is said to be discriminatory and offensive. Therefore, it must be removed. Atheists can be very touchy these days. Take the case of Alain Simoneau of Saguenay, Quebec. This nonbeliever…Continue Reading

Vietnam Today . . . Forty Years After The Fall Of Saigon

By LEE NGUYEN HO CHI MINH CITY (AsiaNews) — Forty years after the fall of Saigon on April 30, 1975, the Communist Party marked its anniversary by the largest ever military parade in the South. The parade commemorated the day when Communist troops from the North captured the city and ended the Vietnam War and…Continue Reading

The Wanderer Interviews His Eminence Raymond Cardinal Burke . . .

burk10

By DON FIER Part 1 (Editor’s Note: Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta, who previously served as Prefect of the Supreme Tribunal of the Apostolic Signatura in Rome from June 2008 until November 2014, recently visited the Shrine of Our Lady of Guadalupe in La Crosse, Wis. Prior to that he served as Archbishop…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

The Church — Body Of Christ

By DON FIER As we considered “People of God” as an image of the Church last week, an important and underlying principle inherent to its biblical symbolism emerged: God wills to make us holy and save us not as separated, isolated individuals, but as a people. He wills to sanctify and redeem mankind “by making them into one people gathered…Continue Reading

Catholic Replies

Editor’s Note: Writing in the Sunday bulletin of the Church of St. Michael in New York City, Fr. George W. Rutler talked of the “web of contradiction [that] becomes more entangled in our day when politics are complicated by moral inconsistencies.” He cited three examples: “First, the birth of Princess Charlotte Elizabeth Diana occasioned celebrations, as the birth of any…Continue Reading

Truths Beyond Comprehension

By FR. ROBERT ALTIER The Solemnity Of The Most Holy Trinity (YR B) Readings: Deut. 4:32-34, 39-40 Romans 8:14-17 Matt. 28:16-20 In the first reading today, we hear Moses addressing the people of Israel after their Exodus from Egypt and after they had spent much time in the desert. Moses marveled, and rightly so, that God had entered into human…Continue Reading

Pope To The Bishops Of Mozambique . . . “The Paschal Mystery Is The Beating Heart Of The Mission Of The Church”

VATICAN CITY (ZENIT) — Pope Francis on May 9 received the bishops of Mozambique who were in Rome for their ad limina visit. + + + Dear brothers in the episcopate! You are welcome ad limina Apostolorum, the purpose of the visit undertaken by you these days, so that with your dioceses in your heart, you also celebrate and strengthen…Continue Reading

A Leaven In The World… Rules Without Relationships Foster Rebellion

By FR. KEVIN M. CUSICK I write this week’s column from Lourdes, France, where I have joined a pilgrimage of 200 wounded warriors, volunteers, family members, military veterans, and chaplains from the United States. Most of us are here through the gift of the Knights of Columbus which has underwritten this magnificent opportunity for prayer, evangelization, fellowship, and renewal of…Continue Reading

Catholic Heroes . . . St. Charles Lwanga And Companions

By CAROLE BRESLIN The Catholic Church in Africa has experienced unprecedented growth in the past century. In 1900, shortly after the martyrdom of Charles Lwanga and companions, there were two million Catholics in Africa. When Pope Benedict XVI visited Africa in 2009, the Catholic population was 158 million. Once again the Church has witnessed that the blood of martyrs is…Continue Reading

Catholic Heroes . . . St. Philip Neri

By CAROLE BRESLIN Throughout the history of the Church when great persecutions and heresies have been promoted, there were also great saints who underwent persecution in their attempts to protect the Deposit of Faith. Such was the case in the early 16th century, when the Catholic Church was suffering her greatest crisis to date with the Protestant Revolt. During this…Continue Reading