Morganelli: Free Speech Protects Insensitive and Callous People Like Me!

On August 31, Senator Pat Toomey conducted a televised town hall at the PBS studios in Bethlehem. I covered this event for The Bethlehem Press. I was there when Simon Radecki, one of the 54 participants, got yanked when he asked Senator Toomey whether he had heard the news that Toomey's daughter Brigid had just been kidnapped. Radecki was trying to make a point about immigration, but his question was idiotic.

No sooner had the words left his mouth that the long arm of the law reached out and grabbed him. That's the last I saw of Simon Radecki. Numerous news sources, including The Morning Call, indicated that Radecki would be charged with disorderly conduct and disrupting a public meeting. Some more sloppy news sources reported that Radecki had been arrested.

Eventually, newspapers began to wonder whether Radecki's free speech rights had been violated. This started in the Pittsburgh Post-Gazette, with the ACLU offering to represent Radecki even though no charges had been filed.

Morning Call columnist Bill White took things to the next level. He wrote that Radecki had been "charged with disorderly conduct and disrupting a public meeting." He concluded his blog entry by saying that "[t]he charges should be dropped."

Let's be clear here. No one was arrested following Radecki's question. No one has been charged. There are no charges to drop.

There probably would be charges, but as it happens, the officer who collared Radecki went on vacation.

All news accounts that imply otherwise are flat out wrong,

What's more, DA John Morganelli got wind of this matter, and asked that all details be forwarded to him for review. And yesterday, he directed Bethlehem police to close the matter.

Case closed. #J-Mo!

Morganelli is a free speech purist, an unusual trait in a district attorney. In 2004, he dismissed trespassing charges filed against peace activists who were distributing anti-war flyers on a public sidewalk outside the Palmer post office. Three years later, he dismissed criminal charges filed against a Washington Township man who was flying the American flag in an upside down position. In 2012, he refused to prosecute a troll over online comments about a judge. That year, he also dismissed attempted robbery charges against "Nature Dave," a bank protester who held a sign inside a bank, warning customers they were being robbed. He did allow one terroristic threat charge to stand. Just last year, he dismissed littering charges against Trump supporter Tricia Mezacappa when she plastered West Easton utility poles with Trump signs on election eve.

Given Morganelli's track record, I thought it was highly unlikely that he would authorize a prosecution here. For once in my life, I was right. 

"I do not find by his demeanor or the way he conducted himself [he was very polite] an intent to either disrupt the meeting or prevent it," noted Morganelli.. "In fact he was trying to participate in it."

Morganelli agreed that Radecki's ejection was proper because he violated a Code of Conduct he signed before the meeting. He called the question "callous." But as he also observed, "the criminal law cannot be utilized to remedy insensitive conduct."

Thank God If that were so, I'd be sitting in he electric chair right now, with 50,000 volts of electricity going up my ass.

Am I being callous? 

Toomey Town Hall Ejectee Faces No Criminal Charges

On August 31, Senator Pat Toomey conducted a televised town hall at the PBS studios in Bethlehem. I covered this event for The Bethlehem Press. I was there when Simon Radecki, one of the 54 participants, got yanked when he asked Senator Toomey whether he had heard the news that Tommey's daughter Brigid had just been kidnapped. Radecki was trying to make a point about immigration, but his question was idiotic.

No sooner had the words left his mouth that the long arm of the law reached out and grabbed him. That's the last I saw of Simon Radecki. Numerous news sources, including The Morning Call, indicated that Radecki would be charged with disorderly conduct and disrupting a public meeting. Some more sloppy news sources reported that Radecki had been arrested.

It was "one of the scariest things that I have ever been a part of,” said PBS CEO Tim Fallon.

Tim obviously doesn't get around much.

There's more to life than Big Bird.

After reporting on the criminal charges, more newspapers began to question whether Radecki's free speech rights had been violated. This started in the Pittsburgh Post-Gazette, with the ACLU offering to represent Radecki. Some law professor melodramatically bellowed, "[T]here's no such thing as a wrong question.”

Of course there is. "Would you like me to rip your tongue out and shove it down your throat?" is certainly a wrong question.

I'd send that professor to summer school.

Morning Call columnist Bill White took things to the next level. He wrote that Radecki had been "charged with disorderly conduct and disrupting a public meeting." He concluded his blog entry by saying that "[t]he charges should be dropped."

Let's be clear here. No one was arrested following Radecki's question. No one has been charged. There are no charges to drop.

There probably would be charges, but as it happens, the officer who collared Radecki went on vacation.

All news accounts that imply otherwise are flat out wrong,

What's more, DA John Morganelli got wind of this matter, and has asked that all details be forwarded to him for review.

Morganelli is a free speech purist, an unusual trait in a district attorney. In 2004, he dismissed trespassing charges filed against peace activists who were distributing anti-war flyers on a public sidewalk outside the Palmer post office. Three years later, he dismissed criminal charges filed against a Washington Township man who was flying the American flag in an upside down position. In 2012, he refused to prosecute a troll over online comments about a judge. That year, he also dismissed attempted robbery charges against "Nature Dave," a bank protester who held a sign inside a bank, warning customers they were being robbed. He did allow one terroristic threat charge to stand. Just last year, he dismissed littering charges against Trump supporter Tricia Mezacappa when she plastered West Easton with Trump signs on election eve.

Given Morganelli's track record, it's highly unlikely that he will authorize a prosecution here.

The best way to assure that people that people you agree with are heard is to ensure that those you disagree with are heard, too.

First Anti Fed Ed Sign in Allentown

On Friday, I posted an anti Fed Ed yard sign and asked if you wanted one. There has been some interest, so I decided to place an order. But before I could do so, one of those signs has already popped up on Tilghman Street near Ott.

A few observations:

1. Contrary to what some might tell you, the First Amendment trumps any ordinance that attempts to limit core political speech. 
2. Please do not staple or nail a sign on a telephone pole. That does violate a state law designed to ensure uninterrupted service, which is a reasonable restriction on First Amendment rights. Use tape.   

NorCo DA Dismisses Littering Charge Against Trump Supporter

Last week, I told you that Pennylvania State Police cited West Easton's Tricia "Constable cRaZy" for littering over her Election Eve placement of pro-Trump campaign signs. They were everywhere. Telephone poles. Street signs. She got carried away.

West Easton police coverage is provided by state police. Unable to enforce local ordinances that might have applied here, they charged Mezzacappa with littering. This is covered by the state Vehicle Code.

Those charges have been dismissed at the direction of NorCo DA John Morganelli, who looked into this matter. His conclusion is that Mezzacappa was engaged in core political speech and was not scattering rubbish.

Morganelli, a Democrat, has himself been subjected to numerous venomous attacks over the years from Mezzacappa. But he is a free speech purist, an unusual trait in a district attorney. In 2004, he dismissed trespassing charges filed against peace activists who were distributing anti-war flyers on a public sidewalk outside the Palmer post office. Three years later, he dismissed criminal charges filed against a Washington Township man who was flying the American flag in an upside down position. In 2012, he refused to prosecute a troll over online comments about a judge. That year, he also dismissed attempted robbery charges against "Nature Dave," a bank protester who held a sign inside a bank, warning customers they were being robbed. he did allow a terroristic threat charge to stand.

The best way to assure that people that people you agree with are heard is to ensure that those you disagree with are heard, too.

Allentown Needs More, Not Less, of the First Amendment

A large crowd was on hand for last Wednesday's City Council meeting

Allentown is a crony capitalist economy and government. Its success depends on a close relationship among politicians, businesses and even the media. A recent illustration of this is Upward Allentown, a consortium of eight local Neighborhood Millionaire Improvement Zone (NIZ) developers and beneficiaries intent on creating the false impression that the ripple effect is underway. This requires propaganda, not truth or free speech. And the Morning Call obliged.

In a weekend story about Upward Allentown, a Morning Call headline (Activists: Neighborhood Improvement Zone has helped improve neighborhoods) actually depicts six banks, Butz and J.B. Reilly) as "activists."

That's like saying all the natural gas companies that make up the PennEast Pipeline are activists.

The Upward Allentown article was pure propaganda. It was like living in Moscow, circa 1975, reading Pravda or Izvestia and hearing how great things were as we all struggled to find enough money to live on. We are not supposed to believe what we "see" but rather, what we are "told." It was rather frightening and showed just what a shameless promoter Commissar Alan Jennings has become for his corporate overseers. A perfect yes man who does what he's told. They in turn throw a few coins at him and then go to church on Sunday.

This misrepresentation from the area's largest newspaper is intended to mislead you. In reality, the NIZ has destroyed many small and minority-owned businesses along Hamilton Street. Mosser Family Village, which has lost funding for its food bank and after-school programs, is in danger of closing.

City oligarchs have balked at a community benefits agreement, the one thing that might make a difference in the third world country that Allentown has become outside of the NIZ. This has been advocated both by former City Council member Michael Donovan and Allentown School Director Ce Ce Gerlach.They've been ignored.

Here's two more myths that The Morning Call (exclusive sale agent for Abe Atiyeh's billboards from its offices in the heart of the NIZ, as well as advertiser for many of the NIZ developers and beneficiaries) is covertly pushing:

1. The federal investigation into Allentown's pay-to-play practices begins and ends with former political consultant Miked Fleck, and not the $54 million in state taxes that have been poured into the NIZ board coffers.
2. The Allentown crooner who was recently bodyslamned by a police officer is a nuisance (suggested in a headline) who has no right to exercise free speech inside the NIZ, where it might interfere with the "dining experience."

While spreading misinformation and propaganda, Allentown's urban growth regime hates free speech.

Nowhere is that more evident than in Allentown City Hall chambers.

Before last week's meeting, a nervous Julio Guridy whispered to President Ray O'Connell that he better address the unwashed masses who had come to speak.

After a bullshit holier-than-thou prayer from Julio Guridy, the people were warned that no signs were permitted and even hats would have to be removed.

The signs, in particular, are core political speech. Nobody removed a sign. Fortunately, no one was bodyslammed, but I can see that day coming.

After three minutes, a microwave oven warned when each speaker that he was done, like a three-minute egg.

Allentown's Richard Fegley

One property owner complaining about the tax farmers who now collect in Allentown asked a rhetorical question of the audience, and Jeff Glazier immediately shut him up.  "Sir, your comments are to be directed to the President." Glazier than audibly sighed several times as though listening to the people speak is a real waste of his time.

When Council come to a public hearing on the Elias market expansion, Assistant City Solicitor Shawn M Dethleson actually advised them they could skip letting the public speak, despite of Home Rule Charter provision that specifically gives the public such a right.

That brought Rich Fegley, a real activist, to his feet. Council members tried to shout Fegley down until Council Clerk Mike Hanlon admitted that a mistake had been made.

"I'm glad I spoke out of place and spoke loudly," remarked Fegley. The rest of them would have preferred to keep the public silent. Certainly nobody thanked the brewmaster.

The first amendment is first for a reason. In a democracy, it is our most fundamental right. If that is to be restored in Allentown, we need more Shula singers, sign carriers and Richard Fegleys. And The Morning Call needs to decide whether it exists to perform the public service of providing the news or is just a paid content provider.

Confederate Flags, Microaggression and the Thought Police

“Where are you from or where were you born?”

“You speak English very well.”

“What are you? You’re so interesting looking!”

“You are a credit to your race.”

“When I look at you, I don’t see color.”

“There is only one race, the human race.”

“I believe the most qualified person should get the job.”

“America is the land of opportunity.”

“America is a melting pot.”

The statements above seem innocent enough. But according to tool developed by UCLA, it's actually microaggression. That's a fancy word about subtle bigotry, racism, etc. While crossing the street to avoid a black or Latino person can certainly be a form of racism, most of the examples listed above are not. The Confederate battle Flag controversy appears to be the latest victim of the thought police, which appears to have little regard for something called the First Amendment.

Few would argue that it has any place as a sanctioned symbol of any public government. But this is no reason to ban it from a parade, which is what happened in Lewisburg this weekend. Civil war re-enactors were told to leave their flag at home, and they decided to skip it. Even more amazing, the National Park Service has decided to remove 11 items from its gift shops in Gettysburg, which include the flag. "Any stand-alone depictions of Confederate flags have no place in park stores," huffed National Park Service Director Jonathan B. Jarvis.

History be damned.

I wounder if they still sell copies of the Constitution.

Why Is Obama a No-Show at Paris Unity Rally?

Though 44 world leaders attended Sunday's Paris march in support of free speech, including Israel's Benjamin Netanyahu, President Barack Obama stayed home. So did Vice President Joe Biden. AG Eric Holder was in Paris, but skipped the rally. Secretary of State John Kerry was MIA as well.

I thought it would be too cold for Obama to golf.

America's best cartoonist, Keep On Truckin's Robert Crumb, did submit a drawing of Mohammed's hairy ass, flies and all, which was published in Liberation. He got his start as an underground cartoonist in the 70's, drawing pretty much the same sort of thing that got 12 people killed in France.

This icon was interviewed by exactly one American reporter. He told The New York Observer, "You don’t have journalists over there anymore, what they have is public relations people. That’s what they have over in America now. Two-hundred and fifty thousand people in public relations. And a dwindling number of actual reporters and journalists."

The public relations people would kill the Mohamed cartoons. Stories here are driven by money, not any desire to tell the truth. That's why The Morning Call is a cheerleader for J.B.Reilly, while The Express times waves the pom poms for its new landlord, developer Mark Mulligan.

Dem Strategist Douglas E. Schoen: "I have been disappointed by President Obama many times during his six years in office, but perhaps never more so than this weekend."

Daily Mail: "Obama told the French on Friday that 'the United States stands with you today, stands with you tomorrow' – but he didn't stand with them in Paris."

CNN: White House official "did not address how other prominent world leaders were able to work around the security requirements."

What Was Appeaser-in Chief Doing During Free Speech Rally?

Watching the football playoffs, silly. Too cold to golf.  The White House has not admitted it was a mistake not to have someone of higher stature at a rally to stand together with our oldest ally. The Atlantic asks, "Isn't that what vice presidents are for, to represent America at solemn foreign events and moments of occasion?"

Last updated 2:53 pm