City of Punta Gorda Trampling on First Amendment

By Bill Abbatematteo 

When I was Chief of Police, I inherited a situation where we had a number of watchdog people in the City, not any different from what Punta Gorda and many other communities in America experience.  I could have asked to City Council to pass ordinances to suppress these people/groups, but I knew that such legislation would have infringed upon their rights of free speech. It never crossed my mind.

While some people called them agitators, trouble makers and a nuisance, I saw them as an integral part of holding government accountable.  I spent my career protecting the rights of others, even when I and members of my command were the targets of obscene gestures and other choice words. I knew what the law was and expected everyone in the department to be trained and abide by it. It was our duty to protect free speech, whether it "pleased or pinched" us, as Justice Sutherland famously said.

 

Plus, taking that course of action would have violated a basic management principle of not"Managing by Exception", where managers end up implementing ill-conceived measures, often draconian in nature, to reign in undesirable behavior and language of a few (the exceptions) at the expense of infringing upon the rights of the vast majority of the people who are not the problem. But politicians often do that. The Left is notorious for doing that. They take the fast and "easy" way out by passing laws to regulate behavior and society rather than putting in the time and effort, being creative and coming up with solutions to solve problems as they arise.  It’s the classis “ideology over consequences” model of decision making.  

 

In the end, I met with the "radicals" and "trouble makers" of our City and implemented solutions that everyone was agreeable to, and the problems stopped. I had been brought in from the outside and showed our department to "think out of the box" when problem solving - and it worked. Sure, these people used tactics and methods that I wouldn’t use, but in America, everyone has a right to dance to the beat of a different drum.  And if you don’t recognize that, you shouldn’t be an elected official or a government worker.

 

In Punta Gorda, they make a conscious decision to wield their power regardless of the short and long term consequences of the 

unconstitutionality of their action, including potential financial consequences of litigation along with the negative publicity it will bring and the potential loss of revenue to our community.  True conservative officials do not resort to such tactics in the first place.  

 

For example, earlier this year in Virginia Beach city officials were faced with a similar situation involving an offensive flag. Their City’s communications director, Julie Hill stated, “There is no City ordinance that regulates signage based on offensive statements or profanity. A rule like that would be illegal because the First Amendment restricts the ability of local governments to regulate speech.” 

 

Our council did not do that, but instead managed by exception and thumbed their nose at the Supreme Court and the Bill of Rights.  They trampled on the First Amendment and settled jurisprudence of the Supreme Court. They yielded to a vocal few, resulting in what's classified as Tyranny by the Minority.  This is Un-American and We the People do not consent to be governed in this fashion.

 

Just like the Biden Administration has ignored the decision of the Supreme Court regarding unconstitutionality of the bureaucratic moratorium on payment of rents, ruling that only Congress can make such laws, the Punta Gorda City Council has also ignored a 50 history of Supreme Court rulings that have made ordinances that suppress the freedom of expression, including "salty" language, unconstitutional laws.  What the Biden Administration did on a Federal level, Punta Gorda did on a local level, i.e., ignore settled law. If Julie Hill, I and millions of other citizens know that salty language on signs can’t be restricted, why doesn’t Joe Biden and our five Council members know that too?  Or are they just deliberately ignoring the rule of law when it pinches.  And if they are, then THAT is what is truly obscene, and need people like Julie Hill on our City Council.

The Media is at it again -- from the Desk of Christian Ziegler, Vice Chairman, RPOF

 

Shocking to no one, the media is at it again. Their response to our Save America Rally featuring President Trump in Sarasota is to try to generate a narrative that there is a "rift" between The President and our Governor, Ron DeSantis, over logistics of the rally. First - I can first-hand vouch that this simply isn't true. I have been on the ground for the last week working with Team Trump, Team DeSantis and Team FloridaGOP to plan and execute this rally, and I can report back that their narrative is a lie. In all my discussions and engagement with the individuals helping to host the rally, no example of a rift has been spotted. Second - Keep an eye out for these tactics going forward. President Trump launched a national movement fueled by record energy that no one has seen before. Florida Governor Ron DeSantis has become the poster child for how to lead a state, respond to COVID and fight back against the Left. Our Republican Party of Florida is jam packed with momentum and energy as Pres. Trump and Gov. DeSantis working hand in hand to advance our party. We saw it in 2020 when Florida outperformed not only our 2016 win for Trump, but almost every other state for Pres. Trump, and we'll see it again in 2022 when Gov. DeSantis crushes whomever the Democrat Party runs. The Left and The Media knows this. They see the poll numbers. They feel the energy. The are hearing from The People. And it scares them. Thus, the fake news narratives will be launch to try to divide us. My suggestion is - Ignore the fake news narratives, keep moving and stay unified. Lastly - I hope you will join us in Sarasota for the Rally TOMORROW. Christian Ziegler FloridaGOP Vice Chairman

On City Council’s Move On Free Speech

 By Bill Abatematteo

How is it that elected officials swear to uphold the US Constitution and the Constitution of the State of Florida, but then unanimously pass laws that fly in the face of that oath. So much for making a promise. 

I am aware and understand that it sometimes can be in bad taste to publicly wear clothing, hold signs or have bumper stickers that some people find offensive, including some salty language. But SO WHAT? It's not ILLEGAL. The Supreme Court has already spoken to this issue.

Cohen v. California, 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "F**k the Draft" in the public corridors of a California courthouse.

The Court ultimately found that displaying a mere four-letter word was not sufficient justification to allow states to restrict free speech and that free speech can be restricted only under severe circumstances beyond offensiveness.  Under modern First Amendment jurisprudence profanity cannot categorically be banned.

Because Cohen's conviction was based on speech, Justice Harlan stated that the defendant may be criminally punished only if his speech (the words on his jacket) fell within a specific category of speech that is not protected by the First Amendment, such as speech that incites imminent lawless action. The justice then outlined why the word "f**k" did not fall into one of those categories. 

As Justice Harlan said in the decision, "...while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric".

The ruling set a precedent used in future cases concerning the power of states to regulate free speech in order to maintain public civility.  We learned that; 1) Government at all levels cannot censor their citizens in order to make a “civil” society, because, 2) Knowing where to draw the line between harmless heightened emotion and vulgarity is difficult, arbitrary and subjective, and 3) People bring passion to politics and profanity is simply a side effect of a free exchange of ideas – not matter how radical or offensive they may be to others or how well-intended the law-makers were.  

Either our City Council members DON'T know this OR they DON'T CARE. Whether it's ignorance of the law or a blatant disregard of the law, both are equally unacceptable.  They Constitution is the Supreme law of the land and NO ONE, including our local lawmakers, are about the law.

In America there are many fundamental things that we hold sacred. They are what sets us apart from every other nation, even if it makes us uncomfortable. And Freedom of Speech is one of them.

Since our Founding, over 1.3 Million Veterans made the Supreme sacrifice so that others can keep saying, displaying and printing things that others may not like. And just like that, the Punta Gorda City Council tramples on their graves and spits in the face of the Constitution with their censorship law. Doesn’t that just suck? 

Who made them the Ministry of Speech? The Centurions of Censorship? They should either repeal the unconstitutional provisions of this ill-advised law, no matter how “well intended” it was, or resign. People who do not honor their oath of office don’t truly represent or work for us at all, nor do they deserve to.  

This attempt to outlaw protected speech could bring negative publicity to our community and has the potential to result in a series of lawsuits and costly litigation, settlements and awards by those charged with this unconstitutional offense, as well as from those groups and organizations that will target our City for this legislative transgression.  If this happens, who will be responsible for these expenses?  And will those responsible be held accountable?

I think it's about time we start electing Patriots to office. People who, no matter how unpopular it might be at times, will pledge to honor, uphold and make our Constitution their PRIORITY - rather than their latest version of Political Correctness or Social Control.

DeSantis Puts Florida School Boards on Notice

                     

Letter From Christian Ziegler, Vice Chair Republican Party of Florida

I'll admit, it's VERY difficult to drill down to my favorite action taken by Governor DeSantis to date.  But outside of his freedom loving response to COVID, DeSantis pouncing on Critical Race Theory and Mandatory Masking of our Children might be my favorite action he has taken thus far.  And as the husband of Conservative School Board Member Bridget Ziegler(follow her on Facebook) who has battled "Republican" School Board Members in a Republican County that run & win as Republicans, but vote as Liberals once sworn-in, I am happy to see DeSantis has figured out the game and won't stand for it. Because by putting both Democrat AND Republican School Board Members on notice that his political operation will target them if they support Critical Race Theory and/or Mandatory Masking of our children, he is not only cleaning house today, but protecting the next generation. This is fantastic. Watch the video clip, share the image, and read the article (all posted below). Make sure to share each piece of content to help us get the word out!

New Precinct Leadership Join Our Ranks.

 

Sixteen new Republican Committeemen and women sworn in on May 27 at the Executive Committee quarterly meeting   

Independents Forfeit Voting Opportunities

When voters choose to be “independent,” they forfeit their chance to pre-select their choice of whom will be on the ballot for President, Senator and other important Federal, State and Local offices in November when the general election takes place. In Charlotte County, largely Republican,  often the final choice for whom will assume key local offices takes place in the primary election.  

When a large percentage  of our population does not participate in the primary process, our election system as a whole may be compromised by not having their weigh-in in the selection of who will ultimately run for key elected offices including the presidency.  

While there may be a lot of moral or symbolic satisfaction in skipping primaries by declaring oneself “independent,” in a practical sense it’s a surrender of one of the most important political rights you have and could pose a threat to our Republic.  

We encourage your full participation in our political process.   And if you believe in a limited Federal Government, fair immigration policies with secure borders, equal rights, equal justice and equal opportunity for all, regardless of race, creed, sex, age or disability, we hope you will consider registering as a Republican.  

It is quite easy to change your registration.  Go to https://registertovoteflorida.gov/eligibilityreactive.  

Fight Back against Fake News - Don't Cancel - Fight

It's easy to say I'm going to cancel the local paper when they continuously run articles against our conservative values and our Republican officials like Ron DeSantis, our Governor.  But, unfortunately, until someone can come along with the bucks to start a local newspaper that will compete, we are where we are and can't afford to give up on a megaphone that reaches thousands of citizens in our community. So what to do.  Do what the Dems do -- Fight.  

Write letters to the editor supportive of Republican legislators, and supportive of legislative initiatives that will protect our vote, protect parent's rights in education.  Write letters supporting our Bill of Rights - freedom of speech, the right to bear arms.  Respond to negative articles and editorials in the paper -- present good arguments against them.  If you don't have time to write letters yourself, join our letter writing group and we will help.  Go to charlottegop.com and volunteer.  

If you are really angry, talk to advertisers and ask them to tell the paper to get more articles and editorials in the paper that support conservative, Republican issues and events. Our county has 2/1 registered Republicans.  Advertisers want to reach them.   The advertisers have more power with the press - they pay a larger portion of the bill.  

You accomplish very little by canceling your local subscription  They will carry on without your subscription.  What we need to do is intervene and do everything we can to get our message out. 

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Beware of the Poisoned Apple - The Left’s Agenda

 

In the classic fairy tale Snow White and the Seven Dwarfs, the evil Queen arrives at Snow White’;s cottage disguised as an old peddler. Despite being warned by the seven dwarfs to not open the door for anyone or accept any gifts, Snow White answers the door. The Evil Queen lures Snow White into taking a bite from a beautiful , shiny apple, actually a poisoned apple. 

The moral of the story is be wary of hidden agendas such as that behind much of the Democrat’s legislation but in particular their deceptively labeled For the People Act.  Presented as a shiny apple that will repair democracy and bring social justice, the bill is transformative alright as described and poison to our Republic.  It would essentially federalize elections and make it easier for Democrats to cheat.

Now in the Senate as S. 1, some of the poison:

Sends federal dollars to fund political campaigns. Not to build roads or bridges but to add 600 percent of federal money to every small dollar donated by Americans. So let’s say Mary from Michigan donates $200 to her preferred candidate. Well, now the U.S. Treasury has just chipped in another 1,200 bucks.

Legalizes voting for convicted felons all over the country…even if they were convicted of election fraud. Does that make sense to you? Not only is this dangerous…it’

Weakens the security of our elections and make it harder to protect against voter fraud. Here’s how: It would automatically register voters from DMV and other government databases. Voting is a right, not a mandate. In most cases, this legislation would actually prevent officials from removing ineligible voters from the rolls and would make it much more difficult to verify the accuracy of voter information. So future voters might be underage or dead or illegal immigrants, or registered two or three times….

Contains  various poorly written and confusing requirements that could be difficult or even impossible to interpret leading to election malfunctions  

The shiny apple with false misleading promises actually is designed to keep a Federal Government run by Democrats in power indefinitely - a dangerous, poisonous path.  

HR 1 Designed To Thwart Election Security - Not “for the People”

A bill that will essentially destroy our Republic and move towards federalizing elections, the so-called “For the People Act” of 2021 (H.R. 1) passed the House of Representatives on March 3, 2021. The Senate version of the bill, which has been designated S. 1 and tracks closely to the House's language, was introduced on March 17, 2021 and is now in committee there 

This bill is designed to help Democrats win every election going forward. It also has elements that will close down political speech that doesn’t conform to their narrative. It is to quote others “the most dangerous piece of legislation ever presented.” It is designed to  dilute  your legitimate vote and facilitate fraudulent registration, ballot harvesting and illegitimate voting.   Democrats have framed H.R.1 and S.1 as key voting rights legislation aimed at increasing access to the polls and curbing corruption.   Simply not true.  

Among other things the bill:

• Would require states to offer same day registration (SDR) for federal elections - would make it more difficult to verify legitimacy of voter
• Establish federal criminal penalties for deceiving or intimidating voters - problem is how this could be interpreted or used 
• Would allow and facilitate sixteen-year olds registering to vote for election when they reach 18 - Obviously designed to increase numbers registering as Democrats based on liberal values children are being indoctrinated with. 
• Would set up small donor matching provides candidates with a “match” of public funding for eligible private donation, for example, a private donation of $100 to a candidate participating in a 6-1 matching system would attract $600 in matching public funds, for a total contribution of $700.  - Another way to get “free” dollars for Dems.  
• Would allow for a national system automatic registration
• Would replace Voter ID rules with a Federal law that allow registration with a sworn statement
• Would introduce personal ID information including addresses for any kind of political advertising including memes from individuals exporting people to attacks and discouraging personal commentary 

Write your Senator now to stop this legislation. 

Asian American Hate-Crime False Flag - A Democrat Divide and Conquer Tactic

The latest decisive rhetoric coming from the Biden administration and the Democrats  involves Asian Americans. A recent horrendous attack on a Korean-American run spa in Atlanta, which was not according to police a hate-based crime, spurred Democrat protestors and Biden himself to cry “xenophobic” and express fake anger against Asian hate crimes unrelated to the incident. Crowds of people waving American flags and carrying posters that read "We are not the virus" and "Stop Asian Hate" stood in front of the golden-domed Georgia State Capitol building the weekend after this crime totally unrelated to Asian hate-crime.  

Why the interest in this supposed xenophobia.  Simply this - building the constituency of support for the Biden agenda and increasing voter base. Since 2000, the Asian American population has grown 87%,  exceeding 22 million people.  In that same period, the number of Asian Americans eligible to vote has  more than doubled, making it the fastest-growing racial or ethnic group in the electorate.   The Democrats see this group as a prime target for their “saving” that they can move away from Republican party.  Using divisive tactics like this is their divide-and-conquer way of increasing and sustaining power. 

Interesting to note that while the left tries to blame white supremacists  for crime against Asian Americans, the fact is  according to scientific studies, hate crimes against Asian Americans are more likely to be committed by non-white offenders. Moreover offenses are committed because of “ boredom, to have fun, and to feel strong” and are typically minor crimes.  Findings also indicate that it is jealousy of Asian Americans’ high levels of educational achievement, and their success in the workplace that may be  leading to feelings of resentment from other racial/ethnic groups.  

While the stigma of the Covid virus coming from China may have caused an increase in verbal abuse and minor crimes towards Asian Americans by those jealous of this group, this is not and will not in the future be the main source of any hate issues towards Asian Americans and is a false flag which avoids addressing the real problem.   The evidence shows that the increase in these types of incidents is not related to white supremacy issues.  In New York City for instance, where anti-Asian hate crime did significantly increase in 2020 over the year before, only two of the 20 people arrested last year in connection with these attacks were white, according to New York Police Department in data analyzed by the Center for the Study of Hate and Extremism. Eleven were African Americans, six were white Hispanics and one was a Black Hispanic.

Republicans cannot allow false and divisive narratives to stand. While we should stand against any form of hate-crime, we need to counter false allegations about them. We also have to make certain we are addressing the real concerns of Asian Americans and make certain that they know we are.  Their concerns are similar to those of other Americans in the middle class -  ability to provide for their families, to obtain a good education for their children, to have reasonable cost access to healthcare, and to be assured that the freedoms that they or their forefathers came here for will be protected.  

We are Failing to Teach Children Our History Well

Socialism has gained traction in  this country because of ignorance. Our young people, who did not witness firsthand what the Union of Soviet Socialist Republics (USSR) and its Eastern European client states were like,  have not been taught about it accurately.  Most don’t understand that socialism means giving power to a central government which in the many examples throughout history used that power to destroy liberty. They have been led to believe by left wing educators and politicians that capitalism is pure evil and that socialism leads to a utopia with free college and healthcare for all.  

Millennials, born between 1981 and 1996, a Pew Research study found have on the whole a very poor knowledge of history.    Moreover,  instead of learning that America has been the greatest force for freedom in the history of the planet that has enabled unparalleled wealth for its citizens, our young people have been taught a progressive propaganda imbuing guilt over America's shortcomings.  They have been given textbooks that focus on the failings of our founding and road to prosperity placing emphasis on the bad treatment of  indigenous people, the condoning of slavery and  imperialism. Slanted and disputed by highly respected historians, a “1619 Project” document is being widely distributed to be used as a part of the curriculum across the country.  

Socialism can take root only where there is ignorance of its failures and atrocities in the past. It can flourish when it is falsely glorified and when a nation’s democratic history is undermined by exaggerations of its missteps instead of a truthful teaching of its successes.  Learning accurate history is essential for a free society.  We are failing to ascertain that are children are  being taught about the greatness of our county and how it has provided them with more freedom and opportunity than any other people have experienced. 

America’s monopolistic, bureaucratic, over-regulated system of public schools dominated by powerful teacher’s unions that benefit by supporting a powerful centralized government has provided the infrastructure for introducing socialistic principals into our schools at a very early age.  Accurate history that reflects positively on the American experience is being overrun with history taught from a biased leftist perspective.  

Parents and grandparents need to be involved in their children’s education. Question as to what they are thinking and why.  It might surprise you and enable you to address issues in their educational experience early on.  Look at textbooks and discuss classroom learning.  There is a Bill HB 241  now in the Florida House of Representatives that is important to supporting parent’s rights in access to information about their children’s education.  Support it.  Write Michael Grant, your Representative and tell him so.