16 Comments

I used to donate to the ACLU, but I won't anymore because the organization has become unrecognizable to me. They used to focus on civil rights and civil liberties, things like free speech, but now they're joining those who want to win various culture wars by shutting down opposition.

I do think it makes sense for the ACLU to oppose laws banning certain treatments for trans kids, because these states should not be interfering in private medical decisions. It's appropriate for the ACLU to fight laws that limit our freedoms.

But otherwise, they're becoming just like every other lefty group. Careless with facts, eager to silence those who disagree, taking sides based on identities. Their involvement in the Smith College situation involving cafeteria workers is another good example.

Expand full comment

IA also NAL, but in my opinion it seems like the word "other" would prevent that rule from being applied.

Expand full comment

Interesting that these ACLU Law Clowns rushed in with their self-serving legal lecture, doing embarrassing victory laps after relying on an irrelevant statutory construction rule. They ignore the rest of the universe of construction rules that apply to actually more relevant writings, such as contracts, correspondence, SEC filings, and news articles, all of which encourage (mandate, in the case of SEC filings) reasonably interpreting writings in plain English, given the intended audience. A writer (lawyer-writer may be held to a higher standard of precision, given their legal training) can't escape blame by citing some stinky legal loophole to override how the intended audience reasonably interpreted the plain language of the writing. Does anyone believe that in a libel case the court will scrutinize how the offending article would be interpreted had it been a statute?

I believe that Strangio intended this association. Block's lemme-confuse-everyone-with-legal-jargon-no-one-will-understand pronouncement from on high was a weak attempt at post-misdeed CYA.

Expand full comment

I always feel pope hat is not as smart as he thinks he is. His reply was also lame

Expand full comment

Applying legal doctrines to figure out what something means--typically a statute--represents the definitive word from a court about what it DOES mean. It settles the issue going forward and binds everyone in the applicable jurisdiction.

It's really dumb to transplant that to this scenario. You need not look very far on Twitter to find plenty of people applauding Chase for saying what he says is an erroneous interpretation. As you say, virtually everyone will read that sentence and come to the conclusion that you and the others named share those views.

There's no Supreme Court of Twitter (thank God) to say: No, it actually means this. The fact that, in theory, a court would apply a doctrine and issue a binding ruling saying what it actually means is wildly unhelpful.

Expand full comment

Love you Jesse. Great that you react

Expand full comment

> Strange times, I guess.

One might even say Strangio times...

...I'll just show myself out.

Expand full comment

....how in the heck else are you supposed to interpret that? A missing period wouldn't drastically change anything. The fact this is the only defense to such baseless accusations is hilarious(ly depressing). I've said it before, and I'll say it again: I'm sorry. It's clear (if you actually listen and read what you say) that you are solely criticizing certain things, not transmen and transwomen in general, and to argue otherwise is, I'd guess 99% of the time, a willful misreading. Which I think ties back into what Haidt and Lukianoff are talking about in "The Coddling of the American Mind." Which, I did just get to the point where they cited you regarding Tuvel. Your article was spot on.

Expand full comment

I'd love to read a long piece about what's happened to the ACLU in the last five (?) years. I'm not sure if anyone's written one that isn't just fangirling like the GQ article. BTW, would be happy to receive these kinds of quick response pieces as an email.

Expand full comment

I wonder how the ACLU fundraising is doing?

Expand full comment

As far as I know, this is the only remark going against left orthodoxy on trans issues Bari Weiss has made: https://mobile.twitter.com/bariweiss/status/1327101009164812289. She might've said something else I'm unaware of, but if standing up for a friend whose book was banned from Target is enough to get you smeared by an ACLU lawyer, we're not in a great place. Of course, the treatment you've received from many of these activists over the years has been even more terrible, Jesse.

Expand full comment

You should search Twitter for how Chase employs a well-known slur that is used against gay men.

Expand full comment
Comment deleted
Expand full comment