IGF sometimes guest blogger Walter Olson has penned a piece over at Richocet explaining why Oregon’s “cease and desist” order is “not a result liberals should applaud.” Excerpt:
Even more remarkably, the state agency had demanded damages from the Kleins over the very fact of media coverage sympathetic to their cause, which was said to have inflicted further trauma on their adversaries’ eggshell psyches. While [the Commissioner of the Oregon Bureau of Labor and Industries, Brad Avakian] declined to grant a separate award of damages under this heading, he still declared the Kleins’ statements in their own defense “unlawful.”
The implication is clear enough: if locked in a legal battle with Oregon authorities, you may not have a legal right to rally your supporters with statements like “This fight is not over” and “We will continue to stay strong.”
Some day the attempt to strip opponents of progressivism of their fundamental rights is going to come back and be used against progressives themselves, who will then deny they had ever advocated such a position.
More. This gay baker shows that authoritarian zealots don’t represent all LGBT people.
Furthermore. Eugene Volokh of The Volokh Conspiracy shows that Raw Story got it wrong by claiming that the bakers were fined for publishing the home address of the lesbian couple that brought the complaint. In a separate post, Volokh elaborates:
I think that Walter Olson (Ricochet), who is a supporter of same-sex marriage, and Ken White (Popehat) are right to criticize this part of the commissioner’s ruling [barring speech that shows an intent to discriminate]…. The bakers may rightly worry that, given the commissioner’s relatively broad understanding of what constitutes a statement of intent to discriminate, the commissioner (and the courts) will read his order equally broadly.
More from Walter Olson here on misreporting of fact by bloggers on the left and right, whose misstatements are then sent zooming around the internet.