Like Talking to a Brick Wall

 


The First Continental Congress of the American Colonies sent a petition to King George III on October 25, 1774, requesting he redress their grievances against the British Parliament related to the Coercive Acts passed in response to the Boston Tea Party of December 16, 1773. The king ignored the petition, and consequently the colonists’ march toward revolution picked up momentum over the next year, resulting in the beginning of hostilities in the spring of 1775. Petitions were the primary recourse of the American Colonists in dealing with their British rulers across the Atlantic Ocean since they had no official representation in Parliament, hence the slogan “No taxation without representation.”

The nation’s founders regarded the right to petition the government as so essential to a free society that they included it in the First Amendment, adopted in 1791. They made the right explicit despite the reality that citizens of the United States, unlike colonists under the British Empire, had official representation in the government. James Madison, who was largely responsible for drafting the Bill of Rights, understood that while the people had representation in government, their representatives may not be responsive to the wishes of all the people, and that therefore the people required another, independent outlet “for a redress of grievances.”



The unresponsiveness of government representatives to the people has rarely appeared as evident as it does now, when it seems representatives are responsive mostly to the wishes of corporate contributors to their election campaigns. Polls do not necessarily give lawmakers an accurate idea of how some of their constituents are feeling about issues because responding to pollsters is a passive response to a pollster’s sometimes tailored questions. Poll sample sizes are also often ludicrously small on account of the expense and difficulty of polling. Pollsters claim they conduct their surveys based on well-researched principles in order to achieve accurate representation from small sample sizes, but there are plenty of examples to cite in demonstrating that taking polls is as much art as it is science, and not at all infallible. For one example, look at how inaccurate the polling was in several key Rust Belt states in the weeks before the November 2016 presidential election.


Mrs Emmeline Pankhurst, Leader of the Women's Suffragette movement, is arrested outside Buckingham Palace while trying to present a petition to King George V in May 1914. Q81486
Emmeline Pankhurst, leader of the Woman’s Suffragette movement in England, arrested outside Buckingham Palace in London while trying to present a petition to King George V in May 1914. Photo from the British Imperial War Museum.


Signing a petition is an active measure taken by citizens numbering in the thousands or millions, as opposed to a select few hundreds or thousands responding passively to a pollster. Citizens mostly seek out petitions on their own initiative, or are made aware of them by friends or family, or by reading the news. The relative ease of signing a petition online, compared to signing one circulated door to door, does not discount that people are participating in the political process instead of waiting for someone to ask their opinion. The distinction is not a small one. Yes, physical participation in a protest weighs far more than signing an online petition in getting the attention of government leaders and the society at large, but an online petition nonetheless demonstrates that the people signing it are paying attention. Numbers have always given weight to petitions, and in the internet age it is possible for millions of people to make their wishes known to their representatives within days of a petition’s first appearance.

The petitions currently circulating urging United States House of Representatives legislators to impeach the occupant of the Oval Office are an excellent demonstration of the need of the people for an outlet to make their wishes known to their government. To anyone paying attention honestly to developments originating from the White House since January 2017, it has long been obvious that impeachment and conviction of the current president would be necessary sooner or later to uphold the rule of law. The nation’s legislators, however, always conscious of political calculations and of the interests of their big money donors, have been dragging their feet to avoid having to put themselves on the line in upholding the oath they took to preserve and defend the Constitution.

Captain Queeg, the character played by Humphrey Bogart in the 1954 film The Caine Mutiny, was obviously unstable, but nonetheless discharging him from his command was quite difficult because the captain of a vessel at sea is by necessity an autocrat whose authority is fully backed by a nation’s institutions. For all that, Captain Queeg was not a corrupt grifter with contempt for democratic institutions and a sneering disregard for the norms of civil discourse, and in comparison to the offenses of the current president, Queeg’s official transgressions were minor.

In other words, members of Congress have a constitutional duty to impeach this president for high crimes and misdemeanors he has engaged in too obviously for them to ignore any longer. Whether he will be convicted in the Republican-controlled Senate is anyone’s guess at this point. It probably depends on whether political calculations indicate to at least a few key Republican senators that the time has come at last to throw the president over the side, at which point many of the rest will scramble to get on board.

If millions of American people had waited politely for a pollster to ask them if impeachment was necessary, instead of taking matters into their own hands and petitioning their representatives, Congress might still be dithering, possibly all the way up to Election Day 2020. The current president may not get convicted in the Senate and removed from office before then, but it’s important that public hearings in Congress shine a light long enough and brightly enough on the corrupt and unethical practices of his administration that even the most disengaged voters will have to listen. A brick wall, no matter who constructed it, can keep people from hearing their government at work as well as keep government leaders from hearing the people, but now that representatives have finally listened to people engaged enough to petition them, it’s important that the rest of the populace listen honestly to the arguments for impeachment, and honest engagement requires more than checking an often lopsided Facebook news feed, a far sloppier way of exercising one’s civic duty than signing an online petition.
— Vita

 

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Enough Already

 

“He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it.”
— Martin Luther King, Jr. (1929-1968)

It’s been 154 years since the Civil War ended and still Southern white supremacists expect everyone else in the country to walk on eggshells around them so as not to upset their mythology or the chips on their shoulders. Yesterday, July 13, was Nathan Bedford Forrest Day in Tennessee, a holiday there since 1931, when it seemed like a good idea to commemorate a Confederate general who murdered captive black Union soldiers during the war, and after it became the first national leader of the Ku Klux Klan (KKK). Now it’s 2019, and Tennessee Governor Bill Lee‘s lame excuse for continuing the practice is that it is what’s expected of him under the law, even though he could push to have the law changed if he had the political will and courage.


All this hiding behind the disingenuous mantra of “heritage, not hate” is for the purpose of upholding monuments to and celebrations of Confederate leaders whose actions and beliefs, however much they deluded themselves and others in their own times into feeling were noble and righteous, have in the past 154 years proven to be in the service of one overriding principle – white supremacy. Dress up evil however you want, turn somersaults in logic if you like – in the end it’s still evil. Once state and local governments withdraw their sponsorship of these Confederate monuments and celebrations, individuals are still free to honor them in private if they are so inclined. No one is infringing their First Amendment free speech rights in speaking out on behalf of their Confederate idols in the public square; it’s just that everyone else no longer has to be subject to the constant looming presence of publicly sponsored monuments and celebrations reminding them to know their place, particularly if they are the descendants of slaves.

Birth of a Nation theatrical poster
Theater poster for the 1915 D.W. Griffith film The Birth of a Nation. The movie glorified the KKK and set the stage for the organization’s resurgence shortly afterward.

In the past two and a half years, because of the tone set by the White Supremacist-in-Chief occupying the Oval Office (proving not all white supremacists are Southerners, by any means), more awful people have crept from the shadows into the light than many decent people were aware existed. As the specter of awful behavior grows, it is not enough for decent people to shun it and the awful people who afflict society with their malevolent derangement; decent people need to confront it, preferably without violence, but by speaking out forcefully and often in public, because otherwise a bully will always take silence to mean assent, even approval.

A clip from an August 2017 episode of The Late Show with Stephen Colbert which aired shortly after the Unite the Right rally in Charlottesville, Virginia.

After a generation has passed, will we erect monuments to the malignant culture that has grown within Immigration and Customs Enforcement (ICE) and the Border Patrol? Will we celebrate the concentration camps for brown-skinned immigrants at “detention sites” from Texas to California and elsewhere around the country? Stopping the cancerous growth of white supremacy will require more decent white people standing up to it and saying “enough already”, an outspoken attitude of noble and righteous indignation that is long past overdue, as evidenced by a state still celebrating in 2019 the hateful heritage of Nathan Bedford Forrest.
— Vita

 

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Blurred Lines

 

A federal judge ruled recently that the city of New Orleans violated the First Amendment rights of street artist Cashy D and property owner Neal Morris when the city censored a mural painted by Cashy D on Mr. Morris’s property for the NOLA (New Orleans, Louisiana) Mural Project. The mural in question quotes off camera remarks made by the current president when he was still a private citizen to Access Hollywood host Billy Bush. Those were the infamous “grab ’em by the p*ssy” remarks. For the mural, Cashy D painted pictograms to stand in for some of the words, and it was supposedly one pictogram in particular that some citizens and the city objected to, taking their case to court.

In a case like this, it’s probably impossible to separate politics from concerns about public display of lewd images. People engage in political displays on their own property all the time, the most prevalent example being electioneering signs. Those signs typically do not contain lewd images or profane language, though it’s possible some homemade versions might. Art displayed on private property where it can be viewed by the public is often subject to local zoning and nuisance regulations. The NOLA Mural Project artwork is a political statement expressed on private property within public view, and any lewd images and profane language it contains are directly related to the quotation from the political figure the creators are criticizing.


2015 Gay Pride Festivus Pole, Deerfield Beach, FL
A Gay Pride Festivus Pole and Nativity Scene on public display on private property in Deerfield Beach, Florida, in 2015. Photo by DavidCharlesFLA.

Simple as the language of the First Amendment to the Constitution appears, it is amazing how many different interpretations it has engendered over the years. It would seem fairly cut and dried, but obviously it is not, according to the nation’s judiciary. First Amendment cases decided one way by a lower court are often as not overturned by a higher court, an outcome that wouldn’t appear likely if it were not for the fallibility of judges and the judicial process, and the malleability of the law itself.

The current president may have made his foul remarks in private as a private citizen, but the way the American political game is played, he and his history became fair game once he entered public life, and remarks like those quoted in the Cashy D mural are indicative of his character, or lack of it, and become part of political discourse, their very offensiveness being the whole point of the mural. Political expression on public view from a private space is subject to interpretation and possible censure by the public, and its merits are therefore best judged on a case by case basis in the courts, as they should be, and not by bureaucrats and politicians in city halls around the country.
— Ed.

 

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The Tariff of Abominations

 

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”
— excerpt from Article I, Section 8 of the Constitution of the United States.

Southerners called the 1828 tariff which had the effect of raising prices on imported manufactured goods while decreasing income from exported agricultural products the “Tariff of Abominations” because it hit hardest in the South. When President John Quincy Adams signed the bill into law, he assured his defeat by Andrew Jackson in the 1828 election. The 1828 tariff prompted South Carolina to propose the principle of nullification of federal law by the states, and the friction it set up between North and South was instrumental in leading to the Civil War more than 30 years later.


John Tenniel - Illustration from The Nursery Alice (1890) - c06543 05
This color version of a John Tenniel illustration is from The Nursery “Alice” (1890), with text adapted for nursery readers by Lewis Carroll from his Alice’s Adventures in Wonderland. From the collection of the British Library. Carroll created in the Queen of Hearts, pictured at left, a model of imperious, irrational behavior.

The current president’s tariffs have exacerbated economic tensions within the country as well, this time not between North and South, but between rural, agricultural areas and urban, technological and industrial areas. They are his tariffs because over the past century Congress has ceded more and more authority to impose them to the executive branch as a matter of pursuing foreign policy, an authority which the current president, with his autocratic nature, is happy to exercise. He likes nothing better than to pronounce decrees, particularly ones that appear to punish Others, particularly foreign Others, and most especially darker skinned foreign Others.

He and his followers may not fully understand the possible ramifications and unwelcome reverberations of tariffs throughout the United States and world economy. It doesn’t matter to him or to them. What matters is the feeling of appearing to punish the Other for sins real and imagined against Our Kind, and of feeding off negative energy generated by acting on impulse rather than putting in the grinding, hard work necessary to build positively toward equitable trade agreements. It’s a lot of stick, and very little carrot.


Tariffs have always been used to further domestic political aims and foreign policy objectives as much as they have been used to generate revenue, which makes them somewhat more loaded than other taxes. The latest tariffs are no different, and their implementation echoes the 1828 tariff, an irony no doubt lost on the current president despite his exaltation of Andrew Jackson over all other American presidents. Jackson and his supporters opposed the 1828 tariff. Jackson nonetheless drew the line at allowing South Carolina to flout federal authority by proposing nullification. Jackson contemplated sending federal troops into South Carolina to uphold the law. Free trade advocates and protectionists reached a compromise with an 1833 tariff soon after the South Carolina legislature enacted nullification, averting a crisis and imposing an uneasy peace for the next 28 years.


From the 1951 film Quo Vadis, directed by Mervyn LeRoy and starring in this scene Peter Ustinov as Nero and Leo Genn as Petronius. Nero probably thought of himself as a stable genius, and had Twitter existed in his time, he no doubt would have used it as a political tool to share his addled observations with the world.

 

The political calculations behind the current president’s tariffs go beyond punishment of the Other which enthuse his base of followers to improving his prospects for the 2020 election in key Rust Belt states he narrowly won in 2016. Tariffs on steel, aluminum, and other industrial products appeal to manufacturing centers in Wisconsin, Michigan, and Pennsylvania, the states that tipped the Electoral College vote balance for him in 2016. Since the United States is a big exporter of agricultural products, it is no surprise that retaliatory tariffs imposed by other countries in the trade war have hit farmers hardest. Many of those farmers live in Great Plains states with relatively few electoral votes, and at any rate the current president has a cushion of support there to absorb losses of the disaffected. To make sure disaffection doesn’t become widespread, the current president has bought off farmers with subsidies so that he can continue to pursue his trade wars as personal vendettas, rather than as maturely considered policies leading to equitable prosperity for all. To borrow a phrase from the late novelist Kurt Vonnegut, “And so it goes.”
— Vita

 

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Know Your Privileges

 

Customs and Border Protection (CBP) employees have been detaining journalists and immigration lawyers at checkpoints in Arizona and Texas and questioning them about their political beliefs. These are nothing more than intimidation tactics by government employees who don’t appear overly concerned that they work for all citizens of the United States, not merely the current presidential administration and its far right supporters.

 

CBP has long had too broad an authority, and particularly after World War II when Congress passed laws giving the agency the ability to regularly trespass on citizens’ rights under the Fourth Amendment to the Constitution. In 1953, without public review, the Justice Department specified the zone within which CBP could operate fast and loose with the Constitution at 100 air miles of the United States border. That’s 100 miles within the United States, all around the perimeter, an area encompassing nearly two thirds of the populace.

Oh America -WomensMarch -WomensMarch2018 -SenecaFalls -NY (38908982905)
A sign at the January 2018 Womens’ March in Seneca Falls, New York. Photo by Marc Nozell.

It’s incredible these laws and rules have stayed on the books as long as they have and have withstood review by the Supreme Court. The Supreme Court has often interpreted the Constitution with an eye toward sustaining the power of the government over the citizen, however, despite the recent miraculous lapse in its ruling on Timbs v. Indiana, which rescinded civil asset forfeiture, also known as cops’ legalized stealing of citizens’ property. That ruling can best be considered an anomaly, at least from the Court’s five conservative justices, who with an even more recent ruling, in Nielsen v. Preap, are back to their usual shoring up of police state encroachments on the Constitution.

George Carlin performing in 2008 in Santa Rosa, California, just months before he died. “You Have No Rights” is the closing bit, and for the album made from this Home Box Office (HBO) special, It’s Bad for Ya, he was awarded a posthumous Grammy. Warning: foul language.

Supposedly these laws are meant to be enforced against illegal immigrants, who after all are not citizens. In practice, their overly broad authority allows enough room for CBP employees with a political agenda to harass and intimidate anyone they care to, citizens and non-citizens alike. The CBP employees can always claim some legal rationale for their capricious actions, and even after offering the flimsiest excuses, they know legal redress of their abuse of power will take years, if it comes at all. This is what happens when fear guides the writing of laws, giving too much authority to law enforcement agencies, and then a lawless presidential administration grasps the reins of all that power. Meanwhile the nation’s courts have too often upheld police prerogatives over citizens’ rights, eroding the meaning of those rights and mocking their supposed inviolability.
— Vita

 

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The Body in Question

 

On Monday, five Georgia state legislators introduced a bill that would require all men over the age of 55 to report to law enforcement every time they ejaculate sperm. The bill obviously has no chance of passing, and is meant to make a statement about a bill that did recently pass which makes abortion illegal in Georgia after about six weeks of pregnancy, when doctors can detect a heartbeat from the fetus, but also more generally about how men, particularly older, white men, use legislation to exercise control over women’s bodies.

 

The nation’s abortion laws are constantly under attack, predominantly from groups on the religious right. They seem to think they are the only ones concerned with the ethical issues surrounding abortion, as if the women facing that choice have little or no concern about ethics. There are women as well as men in the anti-abortion groups. The women should know better than the men the difficult nature of the decision to abort a pregnancy, yet they still favor taking the decision away from the person most concerned with making it.

Spermatozoa-human-3140x
Micrograph by scanning electron microscope of human sperm cells magnified 3140 times. Pore size of the polycarbonate filter in the background is 1µm, or 1 micrometer.

Since the ethical questions will likely never be sorted out to the satisfaction of all parties, we can only resort to legal answers. There is in this country something called the Equal Protection Clause of the Fourteenth Amendment to the Constitution. Since it was adopted shortly after the Civil War, it was initially intended to apply to recently freed slaves, to ensure they received equal protection as citizens under the law regardless of their former status. The Equal Protection Clause has been invoked on behalf of many other causes in the past 150 years, and it seems it should apply to the abortion debate regarding how one class of citizens – women – are subject to laws that do not apply to another class of citizens – men.

Of course there are many physiological differences between men and women, perhaps the most important being that men do not carry an egg, fertilized or not. Men do contribute their sperm toward fertilizing women’s eggs. It seems that if men are not willing to cede legal control of their sperm to make sure it does not contribute to unwanted fertilization of eggs, then they should be willing to relinquish all legal oversight of fertilized eggs in women’s bodies. The eggs reside in women; that’s just the way it is.

Michael Palin sings “Every Sperm Is Sacred” in the 1983 film Monty Python’s The Meaning of Life. It’s not only Catholics who espouse this philosophy, but religious people generally.

Until such time as legal, medical, and ethical considerations are sorted out regarding whether men can have fertilized eggs or fetuses implanted within them, it seems they should have very little to say about women’s unwanted pregnancies. That a woman is contemplating aborting her fetus suggests a man has already expressed himself inappropriately. Men should leave women in peace to make the hard decision to abort or not to abort. It’s in the complications following the latter decision, after all, that men and all of society can contribute positive energy to the new mother and her baby to make life better for them instead of continuing to add to their troubles.
— Ed.

 

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Those Were the Days

 

In 1947, as Jews leaving Europe were working toward establishing their independent state of Israel in Palestine, an anti-communist scare was gaining momentum in the United States, leading President Harry Truman to sign an executive order requiring loyalty oaths from federal workers suspected of communist sympathies and possibly conflicted allegiance. Over 70 years later, the state of Israel is well established with economic and military help from the United States, and the idea of a loyalty oath as an assurance that a government employee owes allegiance to America only, and not to any foreign power, has been turned on its head by state and federal laws assuring loyalty to Israel as well, or at least not to engage in criticism of that nation’s increasingly aggressive policies toward Palestinians within and without its disputed borders.

100 dollar bill
2015 release of the 100 dollar bill, showing the design measures taken to foil counterfeiting. The portrait of Benjamin Franklin remains. Presentation by Sar Maroof.

 

These laws, which require a state employee or government contractor to sign a pledge not to engage in Boycott, Divest, and Sanction (BDS) actions against Israel, are so blatantly unconstitutional that it beggars belief they have not been challenged and struck down in the courts already. They are a return to the old days of anti-communist loyalty oaths, but with a bizarre twist. And it’s that twist which complicates matters, because any criticism of the pledges or of Israel bypasses reason and plain reading of the Constitution and goes straight to emotional howls of anti-Semitism. Most people know that’s coming, and since they don’t want to withstand it, they don’t speak up in the first place. The lobbyists for Israel then have their own way.

What has also complicated the relationship between the United States and Israel since the late 1940s is how support for Israel has taken on a polyglot nature in the intervening years, particularly with the rise of white evangelical Christians in American politics since the 1980s. In the 1940s, American support for Israel came largely from American Jews and from the large numbers of people who sympathized with the plight of European Jews after the tragedy of the Holocaust. There are other reasons having to do with the labyrinth of Middle Eastern politics and, of course, oil, but those are beyond the scope of this post.

Since the 1980s, as support for Israel’s increasingly hard line toward Palestinians and relations with its Arab neighbors dwindled among some American Jews, the slack was taken up by white evangelical Christians who looked at the modern state of Israel and saw the fulfillment of Biblical prophecy. They cared little about the multitude of practical complications, and they had an interested ear in the White House with Ronald Reagan. By the 1990s, a litmus test for election to political office in some parts of the country was support for Israel, right or wrong, and the test was administered not by American Jews, but by white evangelical Christians and, increasingly, by lobbying groups supported by the right wing in Israeli politics.

Lobbying in Congress by foreign powers is supposedly regulated by law, though in practice it goes on mostly unimpeded. In the 1980s, when Boycott, Divestment, and Sanctions against South Africa’s apartheid regime gained steam in this country and around the world, the South African government did not have anywhere near the lobbying clout in American politics of the Israeli lobby then, and certainly not as powerful as it has become since. South Africa did not have millions of Christian soldiers in this country who were willing to go onward for it no matter what. About all South Africa had were diamonds, and it turned out they were not enough to resist pressure from the rest of the world to reform its immoral system.

A scene early in the 1960 film Exodus, directed by Otto Preminger, with Sal Mineo and Jill Haworth arguing their different world views in 1947 aboard a refugee ship from Europe bound for Palestine. Paul Newman looks on. Indeed, those were the days.

Now times have changed for Israel, and it’s no longer the plucky underdog deserving sympathy; its policies of the last 40 to 50 years have tainted that image, turning it into a kind of South African apartheid regime, and if people in this country want to criticize it for that, or for anything else, then it’s none of this government’s business, no matter how many “Benjamins” change hands in the halls of Congress, or how many white evangelical Christians with fever dreams of a picturesque Holy Land as they imagine it from their family Bibles, a place for fulfillment of the Gospel that they probably suppose would be nicer if it weren’t inhabited by all those dusky modern Jews, no matter how many of those people angrily pull away their support from any politician who dares criticize Israel, and with it their fantasy.
— Vita

 

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Cops and Robbers

 

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
— Eighth Amendment to the United States Constitution.

In a unanimous decision on February 20, the Supreme Court ruled against the state of Indiana in the case of Timbs v. Indiana, a ruling which effectively ends the notorious practice of civil asset forfeiture. The applicable clause in the Constitution is “nor excessive fines imposed”, and it’s a wonder the states have been able to get away with lawless civil asset forfeiture practices as long as they have, considering the clause seems plainly clear. Apparently the application of that particular right slipped through as long as it has because the country’s founders meant the Constitution to apply only to the federal government. The Supreme Court has been gradually redressing that error ever since, and on February 20 the Court closed the loophole by which police departments across the country had been stealing citizens’ property under state laws allowing the practice.


Ten Commandments altar screen in the Temple Church London
The altar screen of the Temple Church in London, setting out the text of the Ten Commandments according to the 1549 Book of Common Prayer. Photo by Jheald.

What’s most remarkable about this historic ruling is that it was unanimous. The Supreme Court’s balance is now five to four in favor of conservative justices, and typically when conservatives weigh law enforcement practices against the rights of citizens they have decided for the former. Considering what was at stake in this case, the miraculously unanimous decision speaks to just how corrupt policing for profit had become, and ending it slows the nation’s slide toward becoming a police state. Now police employees nationwide have to heed the Eighth Amendment to the Constitution as well as the Eighth Commandment which, carved in stone in Judeo-Christian culture, reads “Thou shalt not steal”.

They can make more progress by heeding other Commandments, too, such as the Sixth, a paraphrase of which states “Thou shalt not wantonly kill, and then have thy buddies on the force close ranks and cover it up for thee”. That last bit incorporates the Ninth Commandment against bearing false witness, saving time. What does all this have to do with technology? If the police can finally be made to start following rules that have been set in low-tech stone for millennia, perhaps moving along to rules for 21st century high-tech will follow, like whether the controversial practice of going on fishing expeditions to obtain DNA evidence violates citizens’ rights under the Fourth and Fifth Amendments to the Constitution. There are no equivalent strictures in the Ten Commandments. Perhaps the usual advocates on the Court for the police, the conservative justices, can rely on the Constitution alone and apply its plain as day language to the latest technology and once again vote unanimously for citizens’ rights.
— Techly

 

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Backslidin’ Away

 

“Believe we’re gliding down the highway
When in fact we’re slip slidin’ away.”
— from “Slip Slidin’ Away”, a 1977 song by Paul Simon.

Recently the Virginia House of Delegates refused to vote on ratification of the Equal Rights Amendment (ERA), defeating it perhaps for good. If Virginia had voted in favor of the Amendment, that would have been the 38th and deciding vote among the states, and then the measure would have returned to the United States Congress for reconsideration of whether the time limit for ratification should be extended.


Seal of Virginia
The State Seal of Virginia. On February 21, on the grounds of the state capitol in Richmond, Virginia, two pro-ERA activists posed as the figures depicted in the seal, and one was arrested.

The Equal Rights Amendment is meant to constitutionally protect women’s rights and should be a common sense addition to the country’s legal framework, but anti-abortion activists and those who cling to traditional gender roles have long suspected the amendment would be used as grounds for protecting abortion rights of pregnant women besides guaranteeing women’s rights when they are at odds with men’s long standing privileges, and consequently they have done everything in their power, high and low, to defeat the amendment.

Meanwhile, in an official ceremony for a high school in Wisconsin, female cheerleaders were given “joke” awards for their physical attributes, such as largest breasts or butt, or skinniest body. When some parents and faculty objected to singling out emotionally immature girls this way, the cheerleaders’ coach, Patti Uttech, expressed dismay that “politically correct” people couldn’t understand how the awards were all in good fun. Last year another Wisconsin high school made national news after people became aware that a photographer posing a group of boys for a prom picture had encouraged them to raise their arms in what can only be viewed as a Nazi salute, and almost all the boys appeared to comply with enthusiasm.

Then there’s Goodloe Sutton, 80-year-old owner and editor of The Democrat-Reporter, a weekly newspaper in Linden, Alabama, who in a February 14 editorial railed against Democrats he supposed were plotting to raise taxes in Alabama, and called for the Ku Klux Klan to raid the homes of Democratic legislators in Washington, D.C.. He added even more hateful remarks when asked later for elaboration by other journalists from Alabama and elsewhere once his editorial became notorious. In 2019, Mr. Sutton’s beliefs and attitudes are more in tune with those from the year of his birth, 1939.

Paul Simon and Art Garfunkel perform “Slip Slidin’ Away” in the September 1981 Concert in Central Park in New York City.

Did those beliefs and attitudes ever go away in the intervening years? Perhaps partially, although mainly they went underground. Now with encouragement from the current resident of the Oval Office, ignorant and hateful talk is bubbling back to the surface across the land, and here and there action has followed. In the current environment, it will only get worse. The Ku Klux Klan of 1939 is resurrected by a bitter old man with a newspaper in Alabama. The Nazi Party of 1930s and 40s Germany is evoked by laughing schoolboys in Wisconsin. Again in Wisconsin, a high school cheerleaders’ coach hands out awards that would not have been out of place in 1950s America, though even then most people might have deemed them in questionable taste given the age of the recipients. And in Virginia an amendment to the United States Constitution goes down in flames because even in 2019 there are people – not all of them men – who cannot step away from controlling all women as if it were their right.
— Vita

 

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Happy Public Domain Day

 

“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
— Article I, Section 8, Clause 8 of the United States Constitution

Celebration of the unofficial holiday of Public Domain Day on January 1 is ordinarily bigger in Europe than in the United States except for this year, when extraordinary circumstances brought it into the news. Because of the Copyright Term Extension Act (CTEA) passed by Congress in 1998, there was effectively a 20 year moratorium on works passing into the public domain in the United States, making this January a special occasion because of the backlog of works coming into the public domain all at once.


Public Domain Day poster 2011
A European Public Domain Day poster for 2011 noting the artists and writers whose works would move into the public domain. Poster by derochoaleer.org.

 

Copyright has always been a double-edged sword in that, as the wording in the Constitution states, it protects the rights of authors, but unstated in Clause 8 is the protection for creative rights extended to corporations by later legislation. Those rights have been inferred by lawmakers. This has been a matter of some controversy, as noted in the derogatory nickname for the CTEA as the Mickey Mouse Protection Act. It’s hard to parse out the rights of struggling authors from the rights of billionaire corporations that (who?) hire struggling authors and artists and place their works under the corporation’s copyright.

It’s good that writers and artists have their financial interests in their works protected for, as the Constitution states, “limited Times”. Those limited times extend beyond the lives of the creators, continuing to grant returns to the creators’ heirs or designated beneficiaries. But then exclusive rights end, as they should so that the public can more easily benefit from a work that has stood the test of time. The works of William Shakespeare and Mark Twain have certainly widened their circle of beneficiaries among readers and performers due to being in the public domain.

Reagan with Sonny and Mary Bono C51271-19
President Ronald Reagan with his wife, Nancy, greeted upon their arrival in Palm Springs, California, in December 1988 by Palm Springs Mayor Sonny Bono and his wife, Mary. Photo from the Ronald Reagan Presidential Library. Sonny Bono would later serve in the House of Representatives and, after his death in a skiing accident in 1998, would be succeeded in office by Mary Bono. With her support, Congress named the CTEA after Sonny Bono, even though he hadn’t had an especially strong attachment to the bill, having been merely one of twelve sponsors of a similar bill.

It seems the same rules pertaining to inherited artistic wealth could be and should be applied to inherited financial wealth. Why should the heirs of a monetary fortune be entitled to pad their nests in perpetuity with gains they did not secure themselves, or could not have secured without the advantage of great wealth? Heirs of artistic wealth, though they possess a legacy more worthwhile to the rest of humanity than money, are allowed to coast on it for only a generation or two before legal support is withdrawn and they have to make their own way in the world. Will the rules of inheritance, ingrained in humanity for as long as anyone can remember, ever change to reflect a more practical view of what a person is entitled to by birthright, the way it is in copyright law? Most likely not in the near term, but it’s important for the future to plant a seed now.
— Vita

 

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