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8 • JULY 2022<br />
FROM THE EDITOR:<br />
American<br />
dream<br />
BETWEEN<br />
THE LINES<br />
LINDA GARNER-BUNCH<br />
editor@thetruckermedia.com<br />
It may be a day or so early (or late, depending<br />
on when you picked up this copy of The<br />
Trucker), but happy Fourth of July, y’all!<br />
Hopefully all of you have a chance to celebrate<br />
the 246th birthday of the USA, maybe<br />
with a backyard barbecue or a community<br />
fireworks display. And for all the drivers who<br />
spend the holiday rolling down the highway<br />
with another load — thank you for everything<br />
you do. You are appreciated!<br />
Speaking of highways, this month’s trucker<br />
poll asked drivers to share their favorite<br />
stretch of highway. Check out Trucker Talk<br />
on this page, and keep your eyes peeled (I’ve<br />
always wondered where that saying originated;<br />
it’s really kind of bizarre) for new favorite<br />
routes to share.<br />
Last month I traveled the scenic route<br />
along U.S. 65 from central Arkansas to Branson,<br />
Missouri, on the way to the 2022 Shell<br />
Rotella SuperRigs event, held June 9-11. Of<br />
course, the drive was gorgeous — but the real<br />
treat was arriving at Branson Landing and<br />
watching all the hard-working truckers polishing<br />
their rigs before (and during) the truck<br />
show. Check out Page 4 to see who took home<br />
top SuperRigs honors.<br />
While the mornings during the show started<br />
out cool and foggy — there was even a bit of<br />
rain one day — the spirit of the drivers was as<br />
bright and cheerful as the sun that eventually<br />
broke through the clouds each day.<br />
I can’t say that I met every single driver<br />
who was at SuperRigs, but I can say that I<br />
tried! With every handshake and every conversation,<br />
I was treated to a unique glimpse<br />
into the lives of truckers and their families.<br />
As I visited with driver after driver, I was<br />
struck by the pride they took in the industry<br />
and in their rigs. Listening to the stories about<br />
why drivers chose the colors and details for<br />
their trucks made me realize just how deep<br />
the bond between driver and truck can be.<br />
This pride in workmanship, along with the<br />
love I saw between families at the show, is a<br />
perfect example of what I love about America:<br />
You don’t have to be born rich, or become rich,<br />
to realize the American dream. You don’t even<br />
have to be born in America!<br />
Every American dream is different, and<br />
each person’s path to that dream is unique. As<br />
Americans, we may not all agree on politics,<br />
religion or other issues, but that’s OK. What’s<br />
important is that we take time to listen to other<br />
points of view and allow others to pursue<br />
their dreams.<br />
Until next time, keep those rigs between<br />
mustard and mayonnaise! 8<br />
ASK THE<br />
A<strong>TT</strong>ORNEY<br />
BRAD KLEPPER<br />
Brad Klepper is busy helping drivers this<br />
month. We hope you enjoy this column, which<br />
originally ran in July 2021.<br />
Those of you that read my columns may remember<br />
that I recently wrote on free speech<br />
and social media. As I mentioned then, I am a<br />
BIG free speech guy and feel strongly that no<br />
idea should be free from scrutiny, criticism or<br />
mockery. As I also said then, an unexamined<br />
thought or belief is not worth having.<br />
Since I wrote that column, I have received<br />
a few comments and questions about “hate”<br />
speech. I think we can all agree that you don’t<br />
have to look too far to find examples that<br />
would qualify as hate speech. Recent demonstrations<br />
by white supremacists are a good<br />
place to start.<br />
So, the question becomes, “Is hate speech<br />
protected by the First Amendment?”<br />
Well, I am glad you asked.<br />
Back in 2017, Ted Wheeler, the mayor of<br />
Portland, Oregon, said, “Hate speech is not<br />
protected by the First Amendment.” This<br />
comment was made after two men were<br />
killed after they confronted another individual<br />
who was using anti-Muslim slurs.<br />
Also in 2017, former Democratic National<br />
Chair Howard Dean, when referring<br />
to comments made by Ann Coulter said,<br />
“Hate speech is not protected by the First<br />
Amendment.”<br />
PERSPECTIVE<br />
Regarding civil liberties: Is ‘hate speech’<br />
protected by the First Amendment?<br />
Trucker<br />
TALK<br />
Well, they were both wrong.<br />
The U.S. Supreme Court has clearly stated<br />
that governments may not restrict speech expressing<br />
ideas that offend.<br />
A recent case addressing this matter<br />
is Matal v. Tam. In this case, Simon Tam,<br />
the founder and bass player for the Asian-<br />
American rock band The Slants sought to<br />
trademark the band name in an attempt to<br />
reclaim and take ownership of the derogatory<br />
term. The U.S. Patent and Trademark<br />
Office (USPTO) refused to register the mark<br />
and found it disparaging to people of Asian<br />
descent. In support of this position, the USP-<br />
TO found that the mark violated the Lanham<br />
Act’s provision against registration of disparaging<br />
trademarks.<br />
Of course, Tam decided to appeal to the<br />
Federal Circuit. On appeal, the Federal Circuit<br />
found the disparaging provision of the<br />
Lanham Act to be unconstitutional.<br />
This did not sit well with the USPTO,<br />
which appealed the decision to the Supreme<br />
Court. The issue is whether the disparaging<br />
provision of the Lanham Act violated the<br />
Free Speech Clause of the First Amendment.<br />
In a unanimous decision, the Supreme<br />
Court held that the disparagement clause<br />
violates the First Amendments Free Speech<br />
Clause. In the opinion, Justice Alito wrote:<br />
“Speech that demeans on the basis of<br />
race, ethnicity, gender, religion, age, disability<br />
or any other similar grounds is hateful; but<br />
the proudest boast of our free speech jurisprudence<br />
is that we protect the freedom to<br />
express the ‘thought we hate.’”<br />
This, my friends, is the basis of free speech.<br />
In a world where we can watch television<br />
shows, read newspapers and magazines,<br />
and listen to radio programs that only serve<br />
to support our already existing beliefs, it is<br />
easy to be in favor of free speech — when<br />
that speech echoes our own beliefs. But what<br />
becomes a challenge is remaining in favor of<br />
free speech when that speech goes against<br />
everything we stand for.<br />
Now, I am not a movie critic, but maybe<br />
20 years ago I watched the movie “The American<br />
President” starring Michael Douglas.<br />
The move had a bit of a Hollywood liberal<br />
take (and I like my movies politically neutral).<br />
However, in the movie, Michael Douglas<br />
is giving a speech, and he says:<br />
“America isn’t easy. America is advanced<br />
citizenship. You’ve gotta want it bad, ’cause<br />
it’s gonna put up a fight. It’s gonna say, ‘You<br />
want free speech?<br />
“Let’s see you acknowledge a man whose<br />
words make your blood boil, who’s standing<br />
center stage and advocating at the top of his<br />
lungs that which you would spend a lifetime<br />
opposing at the top of yours.’<br />
“You want to claim this land as the land<br />
of the free? Then the symbol of your country<br />
cannot just be a flag. The symbol also has to<br />
be one of its citizens exercising his right to<br />
burn that flag in protest.<br />
“Now show me that, defend that, celebrate<br />
that in your classrooms. Then you can<br />
stand up and sing about the land of the free.”<br />
Say what you will about the movie but<br />
that quote pretty much sums up the good<br />
and the bad about free speech. While I may<br />
not agree with anything you say — or your<br />
decision to burn the flag or do other things I<br />
may find reprehensible — I will defend to the<br />
death your right to do so.<br />
Brad Klepper is president of Interstate<br />
Trucker Ltd. and is also president of Driver’s<br />
Legal Plan, which allows member drivers access<br />
to services at discounted rates. For more<br />
information, contact him at 800-333-DRIVE<br />
(3748) or interstatetrucker.com and<br />
driverslegalplan.com. 8<br />
Every month, The Trucker news staff conducts an informal driver poll on or<br />
Facebook page (www.facebook.com/TheTruckerNewspaper). The latest poll<br />
asked the question, “Drivers, what is your favorite stretch of highway, and why?”<br />
Some of the responses are listed below (edited for clarity and length). If you have<br />
a question you’d like to see in the poll, email editor@thetruckermedia.com.<br />
“191 through West Yellowstone for the<br />
wildlife and scenery.”<br />
— Anna Brown<br />
“I-75 Kentucky to Knoxville. In summer,<br />
I-94 north Dakota.”<br />
— Kenneth Holiday<br />
“Montana Highway 200 from Missoula<br />
to Great Falls. The scenery and<br />
wildlife is beyond amazing. It’s the<br />
only road I’ve ever traveled where I’ve<br />
seen bald eagles, moose, elk, mule<br />
deer, grizzlies and so many other<br />
critters. The winter scenery is stunning<br />
if you dare to drive it in the winter.”<br />
— Keith Becker<br />
“I-95 just before and after the George<br />
Washington Bridge.”<br />
— Robert Westra<br />
“The highway that leads to my house.”<br />
— Bryan Madaris<br />
THETRUCKER.COM