![]() realitybasedcommunity.net - writings on establishment clause, free exercise, free speech, free press, copyright, trademark, right of publicity, media law, defamation, new media law. about scott pilutik. Is this the kind of protection we receive in return for the rights we give up? Besides, the spirit of the times may alter, will alter. Our rulers will become corrupt, our people careless. A single zealot may commence persecutor, and better men be his victims. - Thomas Jefferson, Notes on Virginia, 1784
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Archives for May 2006 May 28, 2006 Intelligent Thought
A new book containing essays from 16 leading scientists, each in turn demolishing the Intelligent Design construct, has just now arrived on the bookshelves. Despite the scientific community's wise reluctance to be goaded into debate (see the Kansas kangaroo hearings), this book seems well conceived. While actual 'scientific' debate should be saved for the courtroom, the Discovery Institute's successes at shoving some sort of debate into to the public consciousness should be acknowledged in some way. There is a shallow intuitive appeal to ID that even bright people succumb to, and this is partly due to the silence of science in the public arena. Science is paid short shrift by a cultural echo chamber whose deepest social concern at a given moment is the American Idol winner, so if science is skeptical of its chances of scoring in the public arena, it's for good cause. Science is boring and complicated--and highly resistant to the syllogistic treatment that makes for good TV. In that forum, science is doomed to lose most every debate, since ID is precisely the sort of appealing syllogism that works within the time constraints of TV. Even if science "wins" these debates in the eyes of the public, they lose for having to even withstand a comparison to an upstart that short circuited the peer review process and took its case straight to the public. The moderators to these debates are willfully obtuse and easily led to the false dichotomy... why not heed "the other side" indeed? But a book of essays on ID might just be the perfect vehicle for the science side of the "debate." Anyone who is being primarily coached on the issue through a television is beyond hope, but book readers can be reached. The essay format probably helps its marketability. I hope it finds its niche and I look forward to reading. Some samples from the essayists:
posted by scott pilutik at May 28, 2006 10:51 AM
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reddit May 26, 2006 Tampons' Sinful Existence Obliterated from Pope's View
The Polish government and broadcast industry are getting ready for the Pope's visit by censoring anything that might offend His delicate sensibilities, such as liquor and lingerie ads... and tampon ads. While I'd certainly kick up dirt if my country pulled such a stunt, I recognize that some countries have to walk before they can run. And since the vast majority of Poland is Catholic, it's at least easy to understand the impulse. But even so--censoring tampon ads implies that a woman's menstrual cycle is a shameful vice on her part, as if a pox would fell the country should the existence of lady parts ever cross the Pope's mind. The only shame, however, is having evolved to a modern age while so many ancients still rule. That these particular ancients have a consistent history of subjugating women makes this action all the less surprising, but still pretty sad. posted by scott pilutik at May 26, 2006 11:58 PM
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reddit May 22, 2006 Faith-based statutory interpretation
The NY Times reports that Attorno Gonzo has once again moved the goal posts:
How unconfident is Gonzalez? Well, he appears to be suggesting that only if we squint (or stare unblinkingly at the statute for 10 minutes) can the statute's true hypnotic intent become discerned. It reminds me of an old Sunday School ritual/parable, where we were given a card with some shapes on it and were asked to tell us what we saw. Here's the card even:
Once the op-art magic was revealed (it says JESUS!!) it was clear that we young Sunday schoolers were expected to bathe in the warm glow of His Majestic Trickery. I imagined a televised contest between Doug Henning and Jesus (surely Jesus could whomp that wild eyed hippie if this card trick is any indication). The next year, however, a different Sunday school teacher dropped the identical trick on us and perhaps then the first ember of skepticism within me was fanned. And so, just like my fraudulent Sunday school teacher, Gonzalez instructs us to read carefully an otherwise perfectly understood statute that has never been used to prosecute news reporters. Actually, he fails to mention any specific statute, but the Times seems to believe that he's relying on a never before imagined interpretation of 18 U.S.C. 798, which is a:
Gilmore v. National Sec. Agency, 1993 U.S. Dist. LEXIS 7694 (D. Cal. 1993). Gonzalez says that a careful reading would seem to indicate the possibility that it also applies to journalists. By triple-couching the issue in this way, you might think that Gonzalez wasn't entirely positive that he's not full of shit. And of all the hare brained legal theories he's run up the flagpole, this one reeks distinctly from the rest. While most of the legal encroachments Gonzalez espouses are intended to enlarge the definition of executive power, this appears to both enlarge the executive power definition at the direct expense of the press freedom--namely the Pentagon Papers case. The issue there was merely whether the executive authority existed to force a newspaper to withhold publication--if jailing the reporters had even occurred to Nixon, it was only a wet dream.
Note again the moving of the goal posts. The alleged freedom of the press has always been on shaky terrain, but the level at which intrusion into that alleged freedom has been historically tolerated by the courts has always been a lot higher than "criminal activity." And of course, the "criminal activity" in the back of Gonzalez's mind is the NY Times' revelation of the NSA's secret wiretapping program. The First Amendment policy implications, which a court would weigh against the supposed national security interest in not having this program made public, could not be any more apparent where a newspaper reveals to the public that the government is spying on them in obvious contravention of the Fourth Amendment. This is the press serving its government checking function at the most primal level--where the government appears to be breaking the law. Even if it is eventually found that the NSA program is entirely legal (and Congress is working its ass off to make this so in a post-hoc sense), the Times still had a perfectly reasonable belief that the government was breaking the law, as so much case law concerning the Fourth Amendment has told us. Gonzalez is smart enough to know not to ever take this issue before a court. As in the Padilla case, he's using the law disingenuously (and people as pawns) to advance political and legal envelope pushing agendas. And perhaps to induce some chilling effect on the press. And there's no place quite as chilly as jail. Update: well, not really an update, but better post than this one on the same subject by Glenn Greewald, who also notes the stark imbalance of interests:
posted by scott pilutik at May 22, 2006 01:24 AM
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reddit May 19, 2006 Vatican Sentences Serial Molester to the Comfy Chair
It must be the grimmest morning ever on the Orange Connecticut campus of the hyper-conservative Legionaries for Christ, as they are forced to reflect on, for eternity, the Vatican's decision to sanction their founder and leader, Father Marcial Maciel. Maciel had allegedly (and by allegedly I mean damningly clear to anyone willing to look) molested a number of teen and pre-teen seminarians at his control in Mexico during the Legionaries' salad days. Later, those molested had waged highly visible campaigns for justice, and their stories were documented by Jason Berry, Gerald Renner in the book Vows of Silence. Berry and Renner also told of the Vatican's refusal to take action, led notably by then-Cardinal Joseph Ratzinger, who, as head of the Congregation for the Doctrine of the Faith, served as a final appeals board for all molestation complaints brought through canonical channels. Faced with overwhelming evidence, the CDF punted the case on more than one occasion, but never entirely cleared Maciel, leaving him hanging. It's not clear what happened in the intervening years to cause now-Pope Benedict's sanctioning of Maciel, but at least something finally came of it. It's also not clear what any of this really means. In typical Vatican fashion, the sanctioning of Maciel is vaguely worded and hard to term punishment. The Vatican did not say specifically whether it found the abuse allegations against Maciel to be true. And it said that because of Maciel's age and ill health -- he is 86 -- it decided against a full-fledged church trial, or ''canonical process.'' The lesson being that if you molest children, you may at some point (probably right before your death) be forced to sit in the corner and contemplate your actions. Grueling stuff. UPDATE: NCR reporter John Allen appears to have broken the story yesterday, and and provides some deep background. And the Times updates the story to quote an influential Catholic writer John Wilkins: "But this is the founder of the Legionaries," he said. "This is a pretty devastating judgment for the Legionaries. For a new movement like that, the reputation and position of the founder is critical." posted by scott pilutik at May 19, 2006 10:41 AM
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reddit back
It's taken me far too long to reassemble the html and mysql strewn pieces of this site after AffordableHost Lost Everything. First they migrated me (and 14 other sites under my control) to another server without telling me this was even going to happen. The new server turned out to be a cruel stupid joke as sites would appear and disappear (but mostly disappear) at a daily whim. I was planning on moving off AffordableHost anyway, but was hoping things wouldn't fall entirely apart until after I finished finals. That didn't happen, of course. In fact they Lost Everything on the first day of finals, causing a two week headache that has yet to completely pass. Now: I wait for last semester's grades; I exhale and wait for the next, which comes up fast--I'm taking a few summer courses, mostly to lighten the load during my last year, and partly to take a course only given during the summer: Religion and the Constitution. It's taught in tandem by two federal judges and the casebook thus far is promising. I'm still writing a paper on eBay and its secondary liability for trademark infringement problem. I'll add more to this tomorrow, but it's getting late and my TCM movie is ebbing towards an awkward resolution. A 1940s New England town discovers its light skinned town doctor is black and mostly predictable reactions ensue. His kids haven't been told, however, a fact which has triggered pained reflections and schizophrenic outbursts. There, it's over. Apparently it was true and the kind New Englanders appear to have been shamed into constraining their initial hanging compulsion by the accepting sagacious priest. Good for New England and its braving a world which would permit a 1/8th negro to dwell in its midst. Tomorrow I'll fix the blogroll so that it makes some sense. I want to add people I've been reading lately, such as Glenn Greenwald (for speaking consistently with perfect clarity on the unfolding NSA-Orwell merger), and prune some of the weeds. Other topics I'll try to get to: the Vatican getting handed just desserts by China after selling Taiwan down the river; the recent NY Times article on just how deeply and truly upset the neovangelists are at Bush for not converting the nation to a complete theocracy yet (note how this argument tracks so closely to the recently voiced gripe by various racists that Bush has failed in his promise to provide a final brown solution) (what do they have in common you ask? The turning of the worm. The far far right (the ones who have controlled the debate til now) is upset that Bush has squandored his imaginary political capital before he had a chance to slaughter a host of domestic policy sacred cows they had marked for death. It has dawned on them that Bush's presidency is utterly unsalvageable by this point (and just how much of a millstone Bush will be this November), so they now scramble to undo his presidency before the liberals can get a crack at it this November. If they can manage the perception that they are the engineers of Bush's defeat it would allow their arguments to reign as the cause. Namely, that Bush didn't go far enough (as opposed to the widely acknowledged genuine impeachment bases, like incompetence, NSA-spurred constiutional violations, Iraq generally, Abu Gharib, Katrina, et al.). Saigon is falling and far from attempting to get out, they've decided to compete with the Viet Cong for the role of opposition. I think it's a doomed tack and clear evidence that they're in an almost pure panic state at the moment. Which is at least fun to watch. I've been reading Saki of late. There are a few writers, and Saki is one of them, who make you a better writer just for having read them. From For the Duration of the War:
With those lessons to dwell on, I sleep. posted by scott pilutik at May 19, 2006 02:58 AM
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