First Amendment and Ninth Commandment

Most of us born and raised in this great country, an outpost of galus that offered our immigrant forebears unprecedented freedoms and protections, deeply appreciate not only those gifts but the Constitutional principles on which these United States stand. Among them, the First Amendment’s guarantee of freedom of speech.

The issue of that guarantee’s limits is currently a thing, thanks to one Alex Jones.

Mr. Jones is an extremely popular radio program host and the proprietor of a number of websites, most notably one called Infowars. He traffics in unfounded “reports” of conspiracies and nefarious actions by government and “globalist” agents.

He famously averred that the Sandy Hook school shooting was a hoax, an assertion that resulted in threats against bereaved parents of some of murdered children. He has also propagated the notion that Democratic lawmakers run a global child-trafficking ring, and that the U.S. government was involved in both the 1995 Oklahoma City bombing and the September 11 attacks. He has also claimed that the moon landing footage was fake, and that NASA is hiding secret technology and the deaths of thousands of astronauts.

Mr. Jones is in the news these days because of pending lawsuits by Sandy Hook victims’ parents and others against him, complaints by former staffers of his alleged racist or anti-Semitic behavior and, most recently, because of the removal of his posts and videos from top technology companies’ media platforms.

Enter the First Amendment.

Characterizing the tech companies’ decision to not host his misinformation as “censorship,” he says the move “just vindicates everything we’ve been saying.”

“Now,” he proclaimed in a tweet, “who will stand against Tyranny [sic] and who will stand for free speech? We’re all Alex Jones now.”

No we’re not.

To be sure, distasteful opinions are legally protected in our country. In 1969, the Supreme Court held that even inflammatory rhetoric is protected unless it “is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Revolting as some of Alex Jones’ rants have been, they likely fall on the mutar side of that legal psak. But the rabble-rouser’s lament that, with the curbing of his exposure, the citizenry has been deprived of their last defense against tyranny (upper-cased, no less) is as hollow as the heads of his fans who act on his wild speculations.

In the end, though, no one is preventing Mr. Jones from promoting his untruths (or his products – the diet supplements and survivalist gear he profitably hawks between diatribes) from other rooftops, literal or electronic. The First Amendment limits only the actions of government, not private companies.

Jones, though, is also using the right to free speech as a defense against the lawsuits he’s facing.

One concerns Brennan Gilmore, a former State Department official who attended last summer’s violent “Unite the Right” rally in Charlottesville, Virginia. Mr. Gilmore was present when a man drove his car into a crowd of protesters, killing a woman.

After Mr. Gilmore posted a video of the episode and spoke about it, Mr. Jones accused him of being a C.IA. plant employed by the billionaire George Soros, and as having possibly been involved in the attack on the woman to bring about what he described as “the downfall of Trump.”

In March, Mr. Gilmore sued Mr. Jones for defamation, arguing that he had suffered threats and harassment as a result of the unfounded claim.

Do such public speculations and conspiracy theories merit First Amendment protection, even when they cause harm to others?

In a recent court filing, four law professors specializing in free-speech issues said no.

“False speech does not serve the public interest the way that true speech does,” the scholars wrote. “And indeed, there is no constitutional value in false statements of fact.”

For what it’s worth, Donald Trump Jr. feels differently. He reacted to criticism of Mr. Jones by asserting that “Big Tech’s censorship campaign is really about purging all conservative media. How long before Big Tech and their Democrat friends move to censor and purge… other conservatives [sic] voices from their platforms?”

Judges will decide, at least with regard to American law. As believing Jews, though, we know that there really is no hallowed ideal of “free speech.” The unique ability with which the Creator endowed us, the ability to communicate ideas, is not an “inalienable right” but a formidable responsibility. “From a word of falsehood stay distant” (Shemos 23:7) and “Do not give false testimony against your neighbor” (ibid 20:13) comprise our duty.

Would that American jurisprudence, even as it protects unpopular opinion, recognize the import of that charge.

© 2018 Hamodia

Haley’s Comment

You likely haven’t heard of Bryan Sharpe. He’s a black activist who, in the grand tradition of Louis Farrakhan, has demonized Jews (whom he calls “Jutang Clan,” an unimaginative play on the name of a rap group). “Trump don’t run America,” he tweeted in March. “He’s just a figure head [sic]. Jutang run America.”

For good measure, Mr. Sharpe has explained that “Holocaust denier” is a term “created to hide the truth.” He uses the triple-parentheses favored by white supremacists as a way to denote Jewishness.

“People in power is always (((them))),” in another tweet, for example.

You may also not be familiar with Charlie Kirk. But the 24-year-old is a hero to 130,000 high school students, undergraduates and recent college graduates, who appreciate his quest “to save Western civilization.”

Six years ago, the then-teenaged Mr. Kirk founded a politically conservative group called Turning Point USA, and it has experienced phenomenal success attracting followers. The group holds conferences and operates a website “dedicated to documenting and exposing college professors who discriminate against conservative students, promote anti-American values, and advance leftist propaganda in the classroom.”

Critics have charged that the site has misquoted and mischaracterized comments by academics and, in May, a leaked internal memo written by the more traditionally conservative Young America’s Foundation (YAF) accused Turning Point USA of “lack of integrity, honesty, experience, and judgment,” and bemoaned “the long-term damage TPUSA could inflict on… the conservative Movement.”

But Mr. Kirk has pressed on, and believes his group, whose revenues in 2012 were $78,890, will raise close to $15 million this year.

What do Mr. Sharpe and Mr. Kirk have to do with each other? They certainly make an odd pair. But a pair they have become, with Mr. Kirk’s embrace of Mr. Sharpe, including him in meetings and inviting him to a retreat for “black influencers.”

Although Turning Point USA has not exhibited anti-Semitic sentiments and is resolutely pro-Israel, those positions seem to take second and third places to the desire to attract what its leader imagines to be a potential conservative black membership for his group.

And Mr. Sharpe seems enamored of even the far fringes of the politically conservative world. “Alt right,” he remarked in a February, 2017 video, “isn’t afraid to call out the Jews and their implications in the destruction of the black community in America. It’s just the truth.”

The coddling of Mr. Sharpe by Mr. Kirk is a reminder that, although we tend these days to see animus for Jews mostly on the far left (often poorly disguised as objections to Israeli policies), neither end of the political spectrum is without its haters.

Turning Point USA didn’t respond to media requests for comment about its relationship with Mr. Sharpe, and the latter declined to comment, although he deleted many of his tweets about Jews shortly after being contacted by a news organization.

On July 23, hundreds of students gathered at George Washington University in Washington, D.C., for the conservative group’s fourth annual High School Leadership Summit. The four-day event included workshops on campus activism and student leadership, and featured speeches by prominent conservatives, including Sebastian Gorka and Anthony Scaramucci. Attorney General Jeff Sessions addressed members of the group.

As did U.N. Ambassador Nikki Haley, and what she said to the students was characteristically incisive and impressive.

She asked attendees to raise their hands if they “ever posted anything online to ‘own the libs’ ” – to get the goat, that is, of Americans who don’t agree with them. Most of hands in the audience proudly shot up, and there was much laughter and applause.

But then she closed in to make her point. “I know that it’s fun and that it can feel good,” she says. “But step back and think about what you’re accomplishing when you do this. Are you persuading anyone? Who are you persuading?… But this kind of speech isn’t leadership – it’s the exact opposite.”

“Real leadership,” she continued, “is about persuasion. It’s about movement. It’s bringing people around to your point of view. Not by shouting them down, but by showing them how it is in their best interest to see things the way you do.”

Ms. Haley seems to never disappoint. It isn’t likely that she had any inkling of the group’s leader’s outreach to an anti-Semitic rabble-rouser. She is an open book, and its pages so far have all been inspiring. Her call to, in effect, eschew political machinations and tactics – which would include, presumably, trying to leverage the popularity of a hater in order to gain supporters – was a message one hopes was well heard by all present, including Charlie Kirk.

© 2018 Hamodia

Faisal, Mohammed and Hasnain

Arriving in Toronto for a family simchah last week, my wife and I found a city – at least the parts of it not involved in personal celebrations – still reeling from a gunman’s Motzoei Tisha B’Av shooting of random strangers, leaving a young woman and a 10-year-old girl dead, and 13 people injured.

The name of the culprit, Faisal Hussain, and his Pakistani parentage, along with the Islamic State’s claim that he was part of that murderous movement (“a soldier of the Islamic State,” the group crowed, “[who] carried out the attack in response to calls to target the citizens of the coalition countries”) obviously raised concerns that the terrorist, who killed himself after his rampage, had been motivated by Islamist sentiments.

Authorities in Toronto, a city of inordinate politeness, said that “at this stage,” there was no evidence connecting the shooter with radical Islam. What subsequent stages may reveal remains to be seen.

The murderer’s family expressed its “deepest condolences” to the victims and their families for what they called “our son’s horrific actions,” and said that the killer had been mentally ill. As if emotional ailments somehow lead non-evil people to kill and maim random innocents.

Wednesday night saw a vigil in the Toronto neighborhood where the rampage occurred. Thousands of Canadians held lit candles in memory of those killed. Thursday morning saw my wife and me bidding goodbye to my parents-in-law as we waited for an electronically summoned car service taxi to pick us up for the trip to the airport.

Our driver’s name, we were informed, was Hasnain.

The conversation between us and my sister-in-law, perhaps predictably, veered into terrorist territory, so to speak, as we considered whether car service drivers should be subject to suspicion based on their ethnicities or countries of origin. Not an unreasonable proposition, of course; most Islamic terrorists have Muslim names and roots in Muslim lands.

Then again, as my wife interjected, no less reasonable is the contention that the vast majority of Muslim-named immigrants from Muslim lands are neither terrorists nor their sympathizers.

I recalled a long cab ride I took a year or so ago with Mohammed (not the original one). As it turned out, he had worked for years in a kosher meat store in Brooklyn, spoke some Yiddish and had only the kindest words for his observant Orthodox erstwhile employer. (The driver had freely chosen his change of career, preferring steering wheels to meat slicers.)

The car was one minute away and so we bid our final goodbyes and went outside. Hasnain had a 4.9 (out of 5) rating as a driver but I had to wonder if he might have any rating in some unrelated field. I pushed the thought out of my head.

He was friendly, of course; a 4.9 rating isn’t earned by surliness. And most of the trip, he was silent.

After having to dodge some double-parked cars on both sides of Bathurst St. (Southern Brooklyn isn’t unique, I learned), Hasnain apologized for the swervings. His English was excellent, British-tinged.

I decided to ask him where he was from. Pakistan. How long he’d been here. Six years.

“You learned English so well in so short a time?”

“Oh, I had an excellent education in Pakistan, including in English. As a matter of fact, when we moved here, my children were well ahead of their Canadian classmates in their studies.”

I was intrigued. “What did you do for a living in Pakistan?” I asked.

“I owned a successful leatherworking factory, with high-end fashion companies across Europe as clients.” Here he dropped a list of names, one or two of which I had heard of.

“So why did you leave?”

“Well, I was kidnapped.”

“You were kidnapped?” my wife and I queried, in comic unison.

“Yes,” he replied. “By the Taliban.”

We asked for details but at that point we were at the airport. He just smiled and said, “I escaped.” He got out of the car and unloaded our suitcases. As we thanked him, I thought of the conversation at my in-laws’ home, not an hour earlier.

Yes, terrorists these days tend, like last week’s rampager, to have Muslim names and Muslim-majority country connections. And, yes, most Muslim-named immigrants from Muslim lands are not terrorists. Two uncontestable truths.

And, while caution is always in order, especially these days, our heads have to be sufficiently large to hold both those thoughts simultaneously.

© 2018 Hamodia

Original, unedited version of previous article

The piece as it appears in Moment was edited, shortened for space.  Below is the original, longer version:

 

A Haredi Rabbi’s Rumination on Racism

Mr. Paskow*, now long gone, was a transplant to these shores, an Eastern-European-born Holocaust survivor, and, over the 1970s, he attended services at the small shul where my late father served as rabbi.  And, like many of his generation, Mr. Paskow harbored some deep, overt racial prejudices.

“Shvartzes,” Yiddish for “blacks,” is a term that – not unlike “Jews” in English – can be used as a simple descriptive identifier or as a pejorative, depending on context and how the word is spoken.  Likewise with the synonym tunkel, meaning “dark-skinned.” In my parents’ home, the terms were used only the way one might use any other noun or adjective to describe someone.

Someone like Lucille, our once-a-week African-American maid. I was taught to be respectful and appreciative of her; her blackness was a simple matter of fact.

I wish I had been old and savvy enough to ask Lucille about her own childhood and life. What did she know about her ancestry? Did she resent being a domestic? What were her aspirations for her children?

I’ll never know the answers, but what I do know is that she seemed content with her life, and became, at least on Sundays, part of our family. The most vivid memories I have of Lucille are of her greeting me warmly when I came home from yeshiva and of her sitting at the kitchen table being served lunch by my mother, who would then sit down across from her and schmooze (about what, unfortunately, memory fails).

When Lucille grew older and infirm, my parents “employed” her all the same for several years to do very light work. Mama would, as always, serve her lunch and pay her wages, as compensation, not charity. That lesson in kavod habriot, “honoring all people,” remains with me to this day.

Mr. Paskow, though, was of a different mind about blacks. He employed “shvartzes” often, and not as a term of endearment. It was 1969, and race riots in a number of cities the previous year provided the elderly shulgoer with ample fodder for his racial railings.

Waiting each day for Mincha services to begin, Mr. Paskow, often as not, would pontificate about political and social issues.

I was just a teenager, and held my peace.  I had experienced black anti-Semitism.  Like the boy who liked to yell “Heil Hitler!” at my father and me when we walked to the synagogue on the Sabbath, or the public school students who, having been invited by a group of us Jewboys to play a game of softball, lost interest in the ball when they were up to bat, and wielded the wood against us.

But I had also grown fond of my yeshiva’s black gym teacher, a consummate mensch and sportsmanship role model.  And I had also experienced the close friendship of a black neighbor a bit older than I.  I tried to see people as just people.  So I ignored Mr. Paskow’s ravings.

Until, one day, entirely en passant, he mentioned Lenny, a boy he had employed years earlier in his haberdashery, and whom the elderly man had effectively adopted, even paying, he said, for the kid’s college education. One of the other congregants asked Mr. Paskow whether Lenny was Jewish.  “No,” said the elderly man.  “He was a shvartze.”

Old bigoted Mr. Paskow’s protégé was black?  And he had given him a job for the asking?  And paid his college tuition? Who could have guessed?

I filed that oddity away in my head.

When my wife and I married and had children, we raised them to respect all people of whatever ethnicity. When we lived in Providence, Rhode Island, our daughters befriended a black neighborhood girl, Desiree, who was often a guest at our home.

Our children were also particularly fond of Dhanna, the caring black librarian, who was so nice and helpful to them.  Their artwork graced her desk.

And, in the early 1990s, I was privileged to write a biography of a local man of African and Native American ancestry whose determination to become a Jew inspired me.

None of that erased the hatred for Jews I had experienced from blacks. But I knew there’s no dearth of white haters either.

And there’s racism, moreover, among Jews as well. But Farrakhan and followers aside, I think that blacks and Jews have grown less wary of each other, and learned that “the other” isn’t really quite so “other.”  Blacks and haredim have increasingly interacted in politics, businesses and many professions.

In late April, the leading haredi newspaper Hamodia editorialized about the new “lynching museum” in Montgomery, Alabama, and asserted “the need for all Americans, even those of us whose forebears were far from American shores when African-Americans were killed and seen as subhuman, to ensure that the tragic history of American racial violence, too, is not forgotten.”

My thoughts cycle back to Mr. Paskow.  The co-existence of his apparent racism and real-life colorblindness, I suspect, meant that, although his attitude toward blacks was influenced by radicals and rioters, deep in his Jewish soul, he could see, beyond a nebulous group, an individual.

Racism, I fear, may be a fact of life, and its eradication an unattainable goal.

“Curing” racism would be a perfect thing, but, as so often, the perfect is the enemy of the good.  The good here to pursue is, rather than trying to disabuse people of the biases they may coddle, charging them to focus on individuals.

Let people joke and grouse as they wish about whites, blacks, Jews, Muslims or Mexicans, specious though some of the stereotypes may be.  It shouldn’t matter what people think about any group.

It doesn’t matter to me, a visibly Jewish Jew, if someone assumes I possess traits that anti-Semites attribute to my tribe.  I am, indeed, rather cliquish, preferring the company of my own people.  No apologies there.  But I’m neither wealthy, nor do I have business acumen.  And I can’t control my weight, much less the world.  All I ask is that others see me, whatever their beliefs about Jews, as an individual. Judge me as me.

It might seem radical to abandon the traditional assumption that fighting racism, sexism, and anti-Semitism requires hitting some reset button.  But what if there is no button, if looking for it is a fool’s errand?

Most Americans are not true bigots; they don’t hate anyone.  But we all have prejudices. Maybe the best we can, and should, do is accept that fact, but remind ourselves constantly that whatever we may think about a group of people, each of its members, in the end, is an individual.

Even Mr. Paskow was able to do that.

*Not his real name

A Clear and Present Danger

Myriad dangers confront us and our children in the wider world. There is no need to go into detail about the various threats to our health, safety and welfare “out there.”

But then there is a clear threat to our wellbeing that is very much “in here” – part, unfortunately, of our very own world.

While the percentage of American smokers has been dropping, there are still more than 30 million users of tobacco in the U.S. today, and all too many of them, regrettably, are in the Torah-observant Jewish community.

There was a time when smoking was regarded as a harmless pastime – even, amazingly to us today, a healthy one. (“More doctors smoke Camels than any other cigarette!” boasted one 1940s ad.) Even in less distant times, the inhalation of tobacco smoke has been seen as repulsive but not suicidal.

These days, though, no one denies that smoking is a major factor in contracting terrible ailments, including heart disease and lung cancer.

According to the Centers for Disease Control (CDC), more deaths are caused each year by tobacco use than by illegal drug and alcohol abuse, vehicular injuries, suicides and murders.

Combined.

In the U.S., the mortality rate for smokers is three times that of people who never smoked. In fact, the CDC says that smoking is the most common “preventable cause of death” in the country.

“Smoking,” the agency notes, “harms nearly every organ of the body” and contributes not only to heart disease and a host of cancers but to strokes and reproductive problems.

And yet, seemingly oblivious Yidden can be seen outside shuls every erev Shabbos trying to ingest enough tar and nicotine (and, in fact, formaldehyde, lead and arsenic) to get them through the next 25 hours. And rushing out after Maariv on Motzoei Shabbos to resume their close relationships with the proven poison.

Their habit harms not only themselves but their families. Even leaving aside the specter of wage earners’ early deaths, second-hand smoke is a danger in itself. And, even in the short term and even for those who don’t smoke at home, a half-pack-a-day habit can strain the family budget to the tune of a couple thousand dollars a year.

The poison-puffers have defenses, of course, against the charge that they are harming themselves and their loved ones. Such and such a Rebbe or Gadol, they object, smoked, after all, and Rav Moshe Feinstein, zt”l, permitted smoking…

But illustrious figures of the past didn’t know the extent of the harm tobacco can wreak, and Rav Moshe’s permission was based on the principle of “shomer pesayim Hashem” – that “Hashem protects fools” (Tehillim 116:6). Fooldom is not a club to which most self-respecting people aspire; and, in any event, there is a point where foolhardiness devolves into willful blindness to established fact.

Rav Moshe’s other words, moreover, are widely ignored. In the same teshuvah he exhorted Jews to not begin smoking due to the “chashash sakanah,” the “possibility of danger.” It is no longer a mere possibility.

And then there’s the other danger our smoking poses to our children, beyond second-hand smoke, from the example being set for them.

Our community doesn’t just talk the talk of caring about our kids. We walk the walk. In fact, we run the run. We make sure that they are well-fed and clothed, that they receive strong Jewish educations, that they are mechunachim in mitzvos, and imbued with love for Torah and a Torah life. And we know that the most important part of chinuch is the example we set for our young. None of us, I hope, would think of acting in a dangerous, repulsive or irresponsible manner in front of our children.

Smoking is dangerous, repulsive and irresponsible.

Not enough? Obama smokes. Okay? (Oy, what I will resort to in order to make a point.)

There is good news, though. Although smoking’s damage to a body can last for years, most of the effects of the habit are not immediate, and many of them can be reversed if a smoker quits.

If a smoker quits.

I see an opportunity here for some enterprising tzorchei-tzibbur-minded individual: a Torah-based Smokers Anonymous, a group of frum smokers who want to quit but who may need the support of others like themselves to succeed in doing so.

But first, of course, there have to be smokers who want to quit.

Please come forth, and soon.

© 2018 Hamodia

The Writing on the Wall

So many walls these days. The Israeli security one. The one President Trump wants to build along the Mexican border. The “Wall of Steel” erected around London’s Winfield House, where the president spent a night last week. And that older, conceptual wall, the one separating “church” and state – or, put more precisely, religion and government.

Interestingly, the U.S. Constitution nowhere refers to such a construct. It was erected, piecemeal, over the years, its popularization beginning with its use by Thomas Jefferson, in an 1802 letter.

When Justice Anthony Kennedy announced last month that he would be retiring from the Supreme Court, while Chicken Little was apparently unavailable, there was no lack of squawking in some circles over the imminent falling of the sky. The specter of a conservative-leaning High Court left some commentators and legislators aghast.

And they weren’t much mollified by the president’s nomination of Judge Brett Kavanaugh to replace Justice Kennedy, even though the nominee was regarded by some conservatives as not sufficiently on board with their program.

House Minority Leader Nancy Pelosi tweeted that Judge Kavanaugh’s confirmation would prove “a destructive tool on a generation of progress for workers, women… communities of color & families.” Democratic Senator Richard Blumenthal attributed to the nominee, “a very extreme hostility to many of the precious rights and liberties that make our nation great.” And so it went.

But, despite the harsh interrogation Mr. Kavanaugh will face from the Senate Judiciary Committee, and barring a revelation that he tortures small animals in his spare time, the judge is likely to be confirmed as the newest member of the High Court,.

The nominee’s non-fans and fans alike seem focused on what his joining the Court will mean for the 1973 “right to privacy” Roe v. Wade decision, and on his past position regarding presidential privilege. But what might matter most, especially to those of us who hold conservative social and moral positions, will be a Justice Kavanaugh’s approach to the aforementioned wall. There is some evidence that he feels it might stretch too high.

The separation of religion and state was originally binding only on the federal government. After the Civil War, though, the 14th amendment made all states subject to rule by the federal Constitution, opening the way for courts to apply to the states the First Amendment’s prohibition of laws “respecting an establishment of religion, or prohibiting the free exercise thereof.”

That second phrase, the “free exercise” clause, is likely to play a major role in future Supreme Court decisions.

The current High Court has already moved a bit away from seeing that barrier as extending into the stratosphere. It ruled that a closely-held, for-profit religious company should not have to provide its employees with insurance covering services that go against the company owners’ faith. And that a church could access state funds to build a playground. And that members of a Colorado commission had shown “hostility” and “disrespect” for the religious views of a baker who declined to make a wedding cake for a ceremony that offended his religious beliefs.

The likelihood that respect for the beliefs of religious Americans will continue to be a prominent feature of the future High Court is important.

Because, in the contemporary libertine social climate, religious Americans are finding themselves facing litigation aimed at forcing them, in their businesses, and even their private lives, to defer to objectionable societal attitudes. They are discriminated against by ad hoc zoning ordinances wielded by prejudiced people. They are assailed for wanting to educate their children as they see fit, and are called bigots for their sincere beliefs about proper human conduct.

There will continue to be division among Americans over the proper relation of religious convictions to the body politic and the lives of individuals. But a socially conservative-majority Supreme Court, we can reasonably hope, will take religious Americans’ concerns fully into consideration as it deliberates on religious rights cases brought before it.

Thomas Jefferson may have made the concept of a “wall” between religion and government famous, but the metaphor’s earliest use was in 1644, when Roger Williams, the founder of the Colony of Rhode Island and Providence Plantations (which would become the state of Rhode Island) wrote that “[A] hedge or wall of separation between the garden of the church and the wilderness of the world” was necessary to ensure colonists’ freedom of religion.

I think his first mashal is the better one. “Hedge” conjures a less charged image than “wall.”

And hedges, as we all know, need occasional trimming.

© 2018 Hamodia