Article one, section two, of the U.S. constitution originally stated that, “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers….”  To determine those respect numbers the section went on to authorizes the census.  Simply put, allocating taxes and representatives was the original purpose of the census.  The Fourteenth Amendment deleted the three-fifths rule from the section, but the amendment still states that, “Representatives shall be apportioned among the several States according to their respective numbers….” Dividing representatives among the states remained the purpose of the census.  Politicians and the Census Bureau have perverted the original purpose of the census into a gross intrusion upon the privacy of Americans.       

          In stating his opposition to the ACS, Congressman Ron Paul of Texas said, the Founding Fathers “never authorized the federal government to continuously survey the American people. More importantly, they never envisioned a nation where the people would roll over and submit to every government demand.”  Congressman Paul is correct that the Founders never gave such intrusive census power to the government.  If the action of the government is unconstitutional then citizens have an obligation to resist.  I will not roll over and submit.  Fine me if you will, arrest me if you must, I will not complete the survey.

          At one West Virginia school, a child jumped off a swing and broke his arm.  The parents sued and as a result, the swings are gone.  At a Massachusetts school, children can’t play tag, at another students are forbidden to hang upside down from the monkey bars.  A combination of lawyers, safety experts and playground safety guidelines from the federal government force the removal of the tall swings and slides that many of us remember from our youth.  These are replaced with “cooperative play climbing challenges.”  If you would like to see the new “perfect playground,” click on the embedded video.

          In a recent article, Investors.com quotes Philip K. Howard, author of The Death of Common Sense, as stating, “There is nothing left in playgrounds that would attract the interest of a child over the age of four.”  Sad isn’t it.      

          Five years ago, I taught across the hall from Michael “Mick” Moulton at Morton Junior-Senior High in Lewis County, Washington State.  Even though we were about the same age, I was novice a teacher, while Mick had many years in education and at the Morton school.  Since his door was directly across from mine, it was only natural that I would talk to him.  He was always friendly to me and gave helpful advice.

          At the time, I didn’t know that twice before he had been disciplined for inappropriate contact.   Mick was a strict disciplinarian and did things his way in “his class.”  This tended to evoke strong feelings from students.  The average student didn’t want to meet his expectations for assignments or conduct.  They wanted to be in most any other class, but the school was small and choices were limited.  As I thought about the case over the last few days, I recall a couple of girls saying he was “creepy,” but they never voiced specific complaints with me. 

          I haven’t seen or spoken to Mick since I left the district but, if we had met, I would have shaken his hand and talked about old times.  Frankly, I was surprised when I heard that several students accused him of inappropriate touching and leering.  I wondered if the allegations were true or merely the lies of a few disgruntled students.    

          The district suspended Mick and, after entering an Alford plea on charges of assault in the fourth degree, he served 20 days in jail.  That is usually the end of such cases, but not for this one.  He hadn’t been fired by the school district, only suspended and placed on paid administrative leave for the remainder of the 2009-10 school year.  The Washington Education Association, teachers union, supported his appeal when the district finally did fire him. 

          The indisputable facts are, Mick was disciplined twice for inappropriate contact with students, convicted of assault on students and served time in jail.  The conduct of a man I would have called friend saddens me, but the conduct of the union angers me.  The WEA regularly proclaims that it acts, “for the children.”  How could Mick’s appeal be for the children?

          On what can only be described as a technicality Mick, and the union, won and he was rehired.  Parents were outraged.  Picketers appeared outside the school.  Citizens formed a Facebook page, Morton Schools Justice, to vent their frustrations and organize.  Most parents withdrew their children from his classes. 

          In the end, Mick never showed up at school.  He called in sick for three days and then Randy Dorn, the state Superintendant of Public Instruction, suspended his license for unprofessional conduct.  Mick can appeal, but if he does not, the order will become final in 30 days.  Regardless, I’m certain Mick will never teach again.      

          Twice before in this blog I have taken Dorn to task, but in this case, he has done his duty.  Suspending Mick’s license, allowing another teacher to be hired to teach his classes, was the right thing to do for the children and isn’t that what public education is supposed to be about.    

          A few days later I received the 2010 ACS document, a 27-page survey asking all the usual questions you might expect on a modern census form, name, sex, date of birth and so on.  However, it doesn’t stop there.  Here are just a few of the questions, you will be asked if you are unfortunate enough to receive it.  Some have been paraphrased for brevity.

          Describe your home.  Is it a mobile home, one family house, apartment, boat, RV, etc?

          Does your home have,
               hot and cold running water?
               a flush toilet?
               a bathtub or shower?
               a sink or faucet?
               a stove or range?
               a refrigerator?
               telephone service?

            Last month, what was the cost of electricity or gas for this house?

            What was the cost of water and sewer for the last year?

            Did anyone at this house receive food stamps or WIC?

            What is the monthly rent or mortgage?

            What do you think the house or apartment sell for if it were for sale?

            What are the total property taxes?

            Do you have a second mortgage?

            Are you deaf or blind?

            What is your marital status?

            How many times have you been married?

            When did you last get married?

            Have you given birth in the last 12 months?

            Do you have difficulty dressing or bathing?

            What is the address of your place of employment?

            What kind of business or industry is it?

            What were your most important duties?

            What is your salary, commissions, bonuses and tips from all jobs?

            Do you have trouble concentrating, remembering or making decisions?

            Are you a citizen of the United States? 

          I find it interesting that the federal government doesn’t want Arizona to ask that last question of people, but they do.  Also, you must answer these questions for everyone in the house and these are just a few of the questions asked.

The government has not constitutional authority to ask such things and fear of prosecution will not compel my compliance. 

That was the conclusion of principal Dr. Jodi Davidson of Chesterfield Elementary School in the Rockwood School District of Missouri.  Fortunately, parents sent angry emails and phoned the school forcing this hypersensitive principal to back down—somewhat.  Now, the embedded local news reports states, as long as students who do not celebrate birthdays are gone, Happy Birthday may be sung in the classroom.        

          The TSA tells us not to worry, images are not that detailed, cannot be stored and will be immediately destroyed.  However one agent, Rolando Negrin, passed through the screener during a training session and afterwards was repeatedly teased about his small genitalia.  Negrin’s solution was to assault his co-workers.  Despite reassurances, images are not always destroyed.  Scan images of an Indian film star were copied and passed about by agents at Heathrow Airport in London.     

          While I’m confident that no one would get turned on seeing a full-body scan of me or circulate the image, if they can see Negrin’s genitals they could see way too much of my wife.  I may be old fashioned, but no man takes that kind of picture of my wife or daughter.

  As reported by Northwest Cable News, during an August 12^th press conference the Gregoire told the story of “a 62-year-old woman who was laid off” and another of “an unemployed man who is studying to become a nurse.”  However, when reporters asked for background information on the individuals the governor was unable to provide it.  Apparently, the governor’s staff was asked to find personal stories to flesh out her comments on the budget, but now no one seems able to verify that the stories are true.   The story, as favorably reported by KING TV, is embedded for your viewing.      

            Information systems coordinator for the district, Carol Cafiero, recently made that incredibly silly statement in a court filing.  Allegedly one of the students, Blake Robbins, took a computer home without permission and before paying the $55.00 dollar insurance fee.  This begs the question, why did the school give Robbins a computer?  Robbins’ parents are suing after discovering the pictures taken of their son, including the one on the right asleep in his bedroom.

            I first heard of this case in the teacher’s union magazine, NEA Today.  Many of my readers know that I’m a teacher and a member of the union.  (I often feel like the last conservative in the NEA.)  I believe the school had every right to install the spyware, but they should have informed both students and parents.  If I had been asked to advise, I would have said don’t installed spyware capable of taking webcam pictures, but if the district decided to do so, they should have told everyone.  Also, the school should have stated that if the computers were taken home without permission the spyware would be activated.  The district apparently did none of these things.

While admitting that people “should have a legitimate expectation of privacy,” Cafiero’s attorney Charles Mandracchia stated, “But if you're taking something without permission, how can you cry foul when you shouldn't have it anyway?” 

            That is like saying, if the police are really sure you have a stolen computer in your bedroom they can sneak in to your house and check.  No, Mr. Mandracchia, they can’t.  They have to get a warrant and knock on the door.  You should have read the fourth amendment in law school.  Pull those big dusty books off the shelf and read it again.  The amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Emphasis mine.)  It does not matter whether you sneak in to a home in person or electronically, you have violated the privacy of the residents.

            As Sir Edward Coke said “The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose.”  No level of government, even a school, should be allowed to violate the fortress of the family without cause, due process and a warrant. 

          In February 2009, Sharron Ford was called to a movie to after her son was detained because he was who was suspected of trespassing.  When she arrived, Ford informed the police she would be filming the meeting.  As told by Ford and the ACLU, the police informed her that it was, “illegal to tape interactions with police officers, and then threatened Ford's son telling him that he wouldn't be able to go home and would be arrested because of his mother's actions. When Ford refused to stop videotaping, both her and her son were arrested and taken to the police station.”

          I don’t know why the police were so adamant with Ford that they not be filmed.  However, she wants answers and, with the help of the ACLU, has filed suit against the City of Boynton Beach.

          In the Graber case the officer might be camera shy because he cuts off the cyclist in an unmarked car with no lights, then in plan clothes jumps out brandishing a gun like a common criminal.  Only after ordering Graber off of his bike three times does he finally identify himself as an officer.  Watch both of the embedded videos. 

          Police officers regularly film citizens when they stop them on the street.  Why should citizens be prohibited from filming the officer?  The presumption of power that says, “I can film you, but if you film me it is a crime,” is more in keeping with the old Soviet Union where the citizens were subjects and the police were agents of the ruling class.  But this is not a dictatorship and there should be no ruling class, this is American, the land of the free.  We the people formed the federal, state and local governments and we granted them only certain powers.  I don’t remember delegating the power to film on a public street only to the police.  

          If Sharron Ford and the ACLU lose this case, corrupt police officers will cover up their crimes by waving guns and threatening arrest.  Shining the light of public scrutiny is the best tool citizens have against police corruption and for the protection of liberty and democracy.  

          This egregious abuse of power by arrogant police and prosecutors must be stopped.  In Washington State sheriffs and prosecutors are elected.  In cities, such as Seattle and Tacoma, the police work for the Mayor.  If a citizen of Washington State films a police officer on the street and is then arrested we must impeach the responsible elected official. 

          In the case of Ford v. City of Boynton Beach, I support the ACLU.