A Cancel Culture Bench Trial
16 CommentsBackground: A lot of regular citizens and civil servants don’t know this, so it’s important to repeat: as an individual you can boycott anyone you like. Public agencies, however, are FORBIDDEN from organizing boycotts or punishing employees and vendors for their political views. Sadly, quite a few lawyers don’t know this either, but for the last 50 years, Constitutional case law has squarely sided with freedom of expression. If a public agency could terminate you, or end your vendor contract, based on something you say, it would have a chilling effect on First Amendment rights. The state, effectively, would be able to control “approved” political and cultural opinion. That would be China, not America.
Update: we won’t know the verdict in our case for 60-90 days, but we believe the issues were fairly considered, and there’s a chance Claremont Unified School District will be enjoined from engaging in “viewpoint discrimination.” Any decision about any vendor, for field trips or any other service, could not be made based on political views without legal penalties. This would benefit all public employees and vendors in Southern California because it would serve as a caution to other civil servants considering boycotts.
The expensive and sad irony: It’s taken seven years, and for almost all of that time, Claremont has tacitly admitted they were in the wrong. Dr. Elsasser, Claremont’s superintendent, responding to several school principals after the “Twitter storm” in 2018, admitted that he didn’t even know how many parents had complained. (We believe they only had proof of one parent.) After a cabinet meeting with all principals, his assistant superintendent, Dr. Julie Olesniewicz, sent a group email stating, “..we are asking that no CUSD school attend Riley’s Farm field trips.” A letter from Claremont’s legal counsel, (Atkinson, Andelson, Loya, Ruud & Romo), is a prime example of attorneys failing to understand what is called, in the law, “First Amendment retaliation.” Cathie L. Fields, of their firm, wrote “Nothing in the First Amendment obligates the District to continue doing business with any individual or organization that makes public statements which are inimical to the District’s educational mission.” Catch that?
- Express positive support for the Second Amendment? “You can’t do business with us.”
- Express concern that Louis Farrakhan is a racist? “You’re fired.”
When Claremont consulted their insurance attorneys, who were more thoroughly versed in the liability associated with such actions, they promptly pretended (and pretend to this day), that they never blacklisted us. Nine other school districts realized their error and compensated us for our legal fees, but Claremont remains unwilling to admit its mistake. I am beginning to think of our case as a very clear example of state gaslighting. Claremont insists that no teacher is barred from attending our field trips, but when a teacher attempted to book a field trip here, after litigation began, it was cancelled promptly.
Our attorney, Bill Becker of Freedom X, who runs a one-man First Amendment public interest law firm dedicated to First Amendment rights, masterfully stated the issues in his closing arguments. We pray those arguments are met with favor. Seven years is a long time to wait.
Tags: Cancel Culture, First Amendment, Riley's FarmCategorised in: Blacklist, Blacklisted
This post was written by Jim Riley
16 Comments
Thank you Mr Riley for fighting back. My family loves the farm and everything it has to offer. From delicious pies to the heart felt speeches the generals give after the American Revolution reenactment. This farm is nothing but an all American Godly place with so much love.
We love Riley’s Farm and family.
Thank you!!
Godspeed in your fight against the long flabby arms of the leviathan.
I appreciate your standing firm on your views and applaud your willingness to fight for them. If I find myself in the Oak Glen area I will happily check out the farm to support.
Thank you!
Lifting you, and your case, in prayer. For a fair judgment and justice to be served.
Thank you!!
I just left a donation in support. I disagree with most everything you support and think you prioritize cruelty and call it truth. I also think you provide a great service to any and all students that come to visit and that the government shouldn’t be able to choose vendors based on private political beliefs. Keep up the good work. Fight the good fight. And be charitable with those whom you disagree. They care differently, not less.
Thank you, Brian. That’s both very civil and even-handed of you. If you follow my commentary, I tend to reserve the bulk of my wrath for people who *begin* the conversation by leveling all sorts of false charges at us. I do value my liberal friends who can have a reasonable conversation. (They seem to be going the way of the Passenger Pigeon though..) Thank you again, Jim Riley
I work for a school district that is far left. May you Mr. Riley keep on trusting the Lord and not stop fighting for the rights that our Lord has given us. God bless you and your family always. My family loves your farm because that is where my wife and I got engaged.
Thank you!!
standing with you my friend!
..far more than anyone could reasonably expect. Beyond the call of “duty.” Thank you. God bless you..
We sued the City of Claremont for a different issue, but their inability to see their own wrongdoing is astounding. It was a matter of government overreach. It was an 8-year battle, but we sunk our teeth in and would not let go. We were victorious in the end.
Our family has loved and appreciated this farm for thirty years. Everything about it is steeped in American culture and history. Thank you for sinking your teeth in and holding fast.
Thank you, and congratulations!
It’s great to know that there are business owners in this state who will not fold on speaking out against the never-ending onslaught of leftist indoctrination and propaganda. Much luck to you. Will will be coming out to get some of that great cider in the next week or so.
Thank you!