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Microaggression madness in Oregon could cost doctors their license

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Microaggression madness in Oregon could cost doctors their license

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Editor’s note: The following column first appeared on the author’s blog, Res ipsa loquitur – The thing itself speaks.

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There is a controversy in Oregon over a proposed change in the ethics rule from the Oregon Medical Board. At issue is the use of “microaggressions” to discipline doctors and to make reporting such transgressions mandatory for all doctors. It seems before you can give stitches, you have to join snitches under one of the most ambiguous categories of prescribed speech.

I have been a critic of microaggression rules on college campuses and discuss this trend in my book out this week, “The Indispensable Right: Free Speech in an Age of Rage.” In past debates over this category of offensive speech, I have objected that it is hopelessly vague and highly controversial.

That ambiguity creates a threat to free speech through a chilling effect on speakers who are unsure of what will be considered microaggressive. Terms ranging from “melting pot” to phrases like “pulling oneself up by your own bootstraps” have been declared racist.  Some of those have been identified by Columbia professor Derald Wing Sue, cited by Oregon’s state government as a “microaggressions expert.”

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The Hippocratic oath is based on the pledge that doctors will ‘first do no harm.’ Unfortunately, that pledge does not appear to apply to free speech in Oregon. 

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Professor Sue considers statements like “Everyone can succeed if they just work hard enough!” as an example of a microaggression. Sue’s work on “microassaults,” “microinsults,” and “microinvalidations” are being effectively adopted by the Board.

Notably, when I have objected to this category, advocates have insisted that they are merely voluntary and instructive, not mandatory. I have long argued that they are used in a mandatory fashion by triggering investigations of professors and would inevitably be made mandatory.

That appears to be happening in Oregon. A couple of conservative sites have covered the controversy.

The incorporation of microaggressions under the new ethics rules is precisely what some of us have been warning about for years. As is often the case, activists begin by insisting that language monitoring is purely instructional and optional before codifying those rules in mandatory terms.

Under the new ethics rule from the Oregon Medical Board, “unprofessional conduct” (over which a doctor can lose his or her license) will include microaggressions:

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“In the practice of medicine, podiatry, or acupuncture, discrimination through unfair treatment by implicit and explicit bias, including microaggressions, or indirect or subtle behaviors that reflect negative attitudes or beliefs about a non-majority group.”

The new section “J” ranks microaggressions with fraud, sexual assault, and ordering unnecessary or harmful surgeries.

The Oregon Medical Board states that:

“The proposed rule amendments update the definition of “unprofessional conduct” to include discrimination in the practice of medicine, podiatry, and acupuncture, which would make discrimination a ground for discipline. The proposed rule may favorably impact racial equity by making discrimination a ground for discipline for OMB licensees. It is not known how the other proposed rule amendments will impact racial equity in the state.”

The incorporation of microaggressions under the new ethics rules is precisely what some of us have been warning about for years. As is often the case, activists begin by insisting that language monitoring is purely instructional and optional before codifying those rules in mandatory terms.

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We have seen the same trajectory in other areas like land acknowledgments where the line between the optimal and the mandatory is hard to discern. As discussed in my book:

“What began as voluntary statements have become either expressly or implicitly mandatory…George Brown College in Toronto requires faculty and students alike to agree to a land acknowledgment statement to even gain access to virtual classrooms. While such statements are portrayed as optional, they are often enforced as compulsory. The University of Washington encouraged faculty to add a prewritten ‘Indigenous land acknowledgment’ statement to their syllabi. The recommended statement states that ‘The University of Washington acknowledges the Coast Salish peoples of this land, the land which touches the shared waters of all tribes and bands within the Suquamish, Tulalip and Muckleshoot nations.’

Computer science professor Stuart Reges decided to write his own statement. He declared…’I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington.’ … He was told that, while the university statement is optional, his statement was unacceptable because it questioned the indigenous land claim of the Coast Salish people. Reges’s dissenting statement was removed, and the university emailed his students offering an apology for their professor’s ‘offensive’ opinion and advising them on ‘three ways students could file complaints against’ him.”

Federal courts have ruled in favor of academics in disputes over microaggression rules, but the movement is expanding beyond campuses, as shown in Oregon.

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I have no objection to the sharing of views of others on how certain phrases are received. I have dropped certain terms or phrases even though I did not see why a term or phrase is insulting. It was enough that others find certain language to be insulting and I do not want to make them feel uncomfortable. Yet, this category of speech was created to encompass a broad, ill-defined range of speech that falls below outright discriminatory or harassing language. That makes for a dangerously vague standard for a mandatory reporting rule.

The free speech concern is how such microaggressive terms can be used to curtail or punish speech, including supporting complaints for formal investigations.  Disciplinary actions often seem based on how language is received rather than intended. Schools need to be clear as to whether microaggressive language can be the basis for bias complaints and actions.

Consider again the language from the Oregon Medical Board. It would encompass any “indirect or subtle behaviors that reflect negative attitudes or beliefs about a non-majority group.” The standard is heavily laden with subjectivity. (Notably, it does not include making such comments about any majority group, presumably whites or males).

The board then amplifies the standard by making it mandatory for other doctors to report colleagues. Under the proposed rule, 

“A licensee must report within 10 business days to the Board any information that appears to show that a licensee is or may be medically incompetent or is or may be guilty of unprofessional or dishonorable conduct or is or may be a licensee with a physical incapacity.”

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So, doctors will have to police any “indirect or subtle behaviors” that “reflect negative attitudes or beliefs”… or face discipline themselves.

The Hippocratic oath is based on the pledge that doctors will “first do no harm.” Unfortunately, that pledge does not appear to apply to free speech in Oregon. Rather than merely publish opinions on phrases or practices that can be seen as microaggressive, the Oregon Medical Board is about to impose an ambiguous speech regulation that is likely viewed by some doctors as turning them into social-warrior snitches.

The Oregon Medical Board should remove the microaggressive provision. Sometimes the best treatment is the least intrusive.

CLICK HERE TO READ MORE FROM JONATHAN TURLEY

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Hawaii

Hawaii Keeps Adding Fees And Rules. This Park Is Still Free.

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Hawaii Keeps Adding Fees And Rules. This Park Is Still Free.


We were in Hilo for a story that had zero to do with the parks. Visiting Volcanoes National Park again, together with the coconut bridge problem, had sent us across the island from Kona, and the plan was straightforward enough: After our long-awaited volcano visit ended, we planned to do the remaining reporting, get something to eat, and head back out to Kauai via wonderful Hilo Airport. We had not flown through Hilo in years and wanted to check it out, too, and we were glad we did. And we were not expecting Hilo itself to change anything about the day. But it did.

Hilo gave us something we weren’t expecting.

What changed it was not a museum, any paid admission attraction, or some “must-see” visitor stop. It was a public park near the airport that we could have very easily passed by.

Liliuokalani Gardens does not look that impressive from the road. There was no gate, no fee, no reservation sign, and none of the now-familiar friction that can come with so many Hawaii stops. You did not have to plan for it, book it, or have any special reason for just being there. We just showed up. And almost immediately, we had the same thought that many other locals and visitors probably would: how is this still free?

Liliuokalani Gardens still feels generous and opulent.

Not free in the sense of being modest or “nice for what it is.” Free in the sense that if this were packaged somewhere else as a formal attraction, people would pay for it without much hesitation. The gardens are spacious, beautifully kept up, and full of details that only really register once you show up and slow down. The ponds, the bridges, the stonework, the open lawns, the beautiful trees, the way the paths keep opening up to new views. Nothing about it feels slapped together or reduced to the bare minimum.

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What impressed us was just how easy it felt spending time there. People were wandering, stopping, sitting, talking, exercising, and taking their time. Some sat on benches and picnicked, as we did, while others strolled along the paths without any clear destination. Nobody seemed rushed. It was clearly Hilo at its best.

More often than not, the Hawaii experience starts before you even arrive. There is planning, the fee, the booking window, the parking issues, the time slot, the shuttle, the warning signs, the whole uncomfortable low-grade sense that you are entering something managed as tightly as Hawaii deems necessary. Some of that is understandable. Some of it is probably unavoidable. But it changes the feeling of a place in Hawaii. And it turns too many stops into logistics first and enjoyment second. But not here.

Liliuokalani Gardens felt like the opposite. We could hear planes not far off landing and taking off, and still see how close we were to the airport and town, but inside the gardens, all of that fell away. What took over instead was the sound of water, the stillness around the ponds, the nesting nenes, the bridges, and the rare feeling that nobody was trying to move us along.

After we left the park and before returning to Hilo Airport, we also stopped at Rainbow Falls. That stop turned out to be a whole different story. More on that soon.

Liliuokalani Gardens dates back to 1917.

The Territorial Legislature set aside land in Hilo for a public park dedicated to Queen Liliuokalani. The gardens’ own history says the park grew out of an early Hilo push to create a Japanese garden and tea house, influenced by Hawaii’s large Japanese immigrant community and by Laura Kennedy’s 1914 trip to Japan. That history helps explain why the place feels so substantial today: it now spans 24.67 acres, including the Japanese-style garden, Moku Ola, and other connected park areas.

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What Hilo exposed about Hawaii.

These places are not good only because they are free. They are just good, period. The fact that they are free only sharpens the comparison. In a state where more visitor experiences now come wrapped in fees, reservations, restrictions, and various bottlenecks, Hilo can still find ways to offer places that feel open.

That does not mean every site in Hawaii can or should work this way. Some places are too fragile, too much in demand, or too small. But Hilo is a reminder that not everything meaningful in Hawaii has to be turned into a managed product. Not every worthwhile thing needs a layer of hassle between the visitor and Hawaii itself.

We did not go to Hilo looking for a parks story at all. We were nearby because of the coconut bridge problem.

Hawaii visitors are paying more, planning more, and dealing with infinitely more rules than they used to. Sometimes that is the price of preserving what visitors came for in the first place. Sometimes, however, it reflects a broader shift in how the state now handles access, demand, and public spaces.

Hilo offered exceptional beauty without a transaction attached and access without any conditions. We could just arrive spontaneously, stay as long as we wanted, look around, and then leave on our own terms. After so many Hawaii stops built around fees, timing, and control, this is one place where the welcome doesn’t come with a price tag.

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For more information, visit the Friends of Lili’uokalani Gardens website or Facebook page.

Lead Photo: © Beat of Hawaii.

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Montana

Californians caught using ‘Montana Loophole’ to dodge supercar sales tax — and Beverly Hills is the worst

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Californians caught using ‘Montana Loophole’ to dodge supercar sales tax — and Beverly Hills is the worst


California has launched a huge crackdown on criminals buying and registering supercars outside of the state to avoid eye-popping sales tax.

Fourteen people have been charged after $20 million worth of vehicles were sourced to the Big Sky State in what authorities are calling the “Montana Loophole.”

California has launched a huge crackdown on criminals buying and registering supercars outside of the state to avoid eye-popping sales tax. Office of the Attorney General of California

The cars include a $1.8 million McLaren Elva, a Porsche 918 Spyder and a $1.26 million Ferrari F12TDF, the attorney general’s office said.

In the Golden State base rate sales tax is 7.25%. For a Lamborghini or Ferrari that can reach up to $250,000 or higher, that can mean a tax bill over $18,000. In Montana it is zero.

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The gang, from Alameda, Marin, Santa Clara and Sacramento, allegedly dodged more than $1.8 million in taxes since 2018.

They are accused of filing false records showing the supercars were bought in Montana but then drove and kept them in California.

Fourteen people have been charged after $20 million worth of vehicles were sourced to the Big Sky State in what authorities are calling the “Montana Loophole.” Office of the Attorney General of California

The DMV has launched nearly 100 criminal investigations into similar schemes across California since 2023 and recovered $2.3 million. It says the schemes are costing over $10 million per year.

It says there are 601 fraudulently registered cars involved and the DMV and California Department of Tax and Fee Administration have reviewing all car sales made in Montana.

California AG Rob Bonta said: “When bad actors abuse legal loopholes and submit fraudulent documents to evade their obligations, the California Department of Justice will not stand idly by.

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“Every dollar of unpaid taxes is a dollar taken from California’s roads, schools and the vital services our communities rely on.”

The DMV has launched nearly 100 criminal investigations into similar schemes across California since 2023 and recovered $2.3 million. It says the schemes are costing over $10 million per year. Office of the Attorney General of California

The AG’s office said Beverly Hills was the city with the most suspicious car sales, with 416 cases on its radar from the luxury enclave.

It also released a series of text messages from defendants in Marin County and Walnut Creek, which said: “Don’t want the state of California to know anything about this car.”

Another asked: “Before you deliver it to him can you please remove the dealer plate.” One more asked if those with Montana plates had issues, the reply was: “Not yet.”

Another defendant added: “70k saved — I can’t believe the registration lasts for five years — that’s crazy. Stupid California. Paid 3k to own a 600k car for 5 years — lol in Cali that’s like 75k for 5 years. Hella dumb.”

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California DMV Director Steve Gordon said: “We encourage all Californians to do the right thing and register their vehicle here if they are operating it in California.”



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Nevada

Nevada, national leaders speak on Middle East conflict

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Nevada, national leaders speak on Middle East conflict


As the Middle East conflict continues, politicians across the country are sharing their views on the situation.

On Sunday, Senator Mark Kelly (D-Arizona) paid a visit to Reno for a Democratic campaign fundraiser at the Neil Road Recreation Center.

At the event, he criticized the Trump administration’s actions.

“I think the president went into this conflict without having a strategic goal. Without having a plan and without having the timeline and what happens then is you don’t have a way to exit a conflict, so I’m really concerned about putting more Americans’ lives at risk with no explanation as to why,” said Kelly.

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Nevada Gov. Joe Lombardo recently released a statement on the Iran attacks.

“Iran has long been a threat to the United States, Israel, and any hope of peace in the Middle East. They must never be allowed to obtain a nuclear weapon,” Lombardo said. “Right now, my priority is the safety of all Nevadans. Increased police presence may be seen at certain locations as we continue to monitor and synchronize with partners as the situation evolves.”

And prices at the pump are skyrocketing here in northern Nevada, and around the country. It’s partially due to traffic stalling in the Strait of Hormuz, a narrow waterway between Iran and Oman, which controls roughly 20% of the world’s oil supplies.

Energy Secretary Chris Wright aimed to ease concerns over rising costs.

“The world is very well supplied with oil right now. The United States is a net oil exporter, we’re a net natural gas exporter… We’re communicating with our allies abroad. The oil is there,” Wright said.

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But Senator Kelly says gas prices could keep rising.

“This war in Iran is gonna drive up energy costs. Gasoline prices are gonna go up. Just driving down the road here, I noticed it was about $4.50 a gallon for a gallon of gasoline,” Kelly said.



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