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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

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