This is sheer nonsense from the jump. Americans don’t have, and have never had, any right to be free of shaming or shunning. The First Amendment protects our right to speak free of government interference. It does not protect us from other people saying mean things in response to our speech. The very notion is completely incoherent. Someone else shaming me is their free speech, and someone else shunning me is their free association, both protected by the First Amendment.~ Ken White from, https://popehat.substack.com/p/our-fundamental-right-to-shame-and
This is long (by Internet standards, so maybe 5 minutes?) but borders on a being a ribald savaging of a New York Times editorial. Bully for Ken White. He had me at the byline. If you’re not a fan of White, it’s still worth reading until the part I’ve quoted. If you read that far, you may just become a fan of White’s writing. (And of course there’s more of him quoted here too.)
The first [section] is definitional. … The second subsection provides direct immunity~ US Supreme Court Justice Thomas from, https://reason.com/2020/10/13/justice-thomas-writes-in-favor-of-a-narrow-reading-of-47-u-s-c-%C2%A7-230/
Grab your favorite snack, something to take notes, and a helping of Ginko for brain power. This is an in-depth walk-through of a tiny little section… Section 230 from the dawn of the modern Web… A tale of a little section of a law that makes what you think of as “the Internet” possible.
You may also need toothpick for your eyelids, or use it as a cure for your insomnia.
Ownership is somewhat of a gray area, both with physical and virtual real estate. I use the term loosely here. Ownership depends on how much control you have over the property, so we have a spectrum of possibilities. For instance, if you want to discover who really owns your home, stop paying your property taxes for a while and see what happens.~ Steve Pavlina from, https://www.stevepavlina.com/blog/2012/06/virtual-real-estate/
This pull-quote has little to do with the linked article. It simply made me laugh out loud—for real, in the literal sense. If you’ve not owned a house, you cannot aprehend property taxes. I digress.
Just before this article by Steve, I had read a short piece about adulthood and children. A piece about parents who give children too much choice. It contained a thought or three about:
Why would I want to grow up and have to accept all the responsibility, when I already have all the freedom and luxury?
That is one of the Big Questions. The day on which I understood the answer was the 3rd most important day of my life.
When a court applies scrutiny, it’s holding the government’s justification for a challenged law to a standard. How tough the standard is depends on the nature of the law and how the plaintiff says it’s defective. In some situations, courts apply strict scrutiny — for instance, laws that punish speech based on its content generally trigger strict scrutiny. If a court applies strict scrutiny, the government must show that the law in question serves a compelling government interest and is narrowly tailored to achieve that interest. Practically speaking, applying strict scrutiny almost always means that the court will strike down the law.~ Ken White from, https://popehat.com/2016/10/17/lawsplainer-the-ninth-circuit-and-compelled-speech-about-abortion/
Don’t knee-jerk-react to the topic of the case (it’s about abortion). Instead, read this short piece as an explanation of one facet of the interation between our federal courts and our state legislatures. One of the beautiful aspects of our Republic is the way our founders envisioned a system to combine the states under a federal umbrella. I note particularly the concept of the federal courts NOT being able to just randomly intervene in the states’ affairs.
I’m a criminal defense lawyer. I’ve represented people by appointment and voluntarily, and I’ve represented people accused of all sorts of things. I’ve made vigorous use of my client’s constitutional and procedural rights to attack the government’s case, even in cases were most observers believed it was clear that my clients “did it.” That’s my job. You’re free not to like it, and free to attack me for it. But I’m going to call you totalitarian and un-American if you do.~ Ken White from, https://popehat.com/2016/10/10/hillary-clinton-the-sixth-amendment-and-legal-ethics/
QUICK! ..what is the Sixth Amendment to the U.S. Constitution? I’ll accept knowing the general gist as being good enough for full credit. I couldn’t have told you if you put a gun to my head.
So I looked it up, and am going to proudly attempt to keep this loaded in my head, and — heads up — I’m likely to swing this idea around in the future as a ward against un-American Americans who spout nonsense about not “liking” defense attorneys, what they do, or how they did it in a specific case.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
I stand loving America, aware that I often fall short of what that love should mean. When I say I love America I mean I love certain shared values and founding ideals like the rule of law and equality before it, liberty, and self-determination, and what people have done to achieve them. I love the values as lofty as the right to speak and worship and as humble as the right to raise a family and work and live as I see fit. I love it knowing that these ideals are more aspirational than descriptive, more a to-do list than a resume. They are what Lincoln called “unfinished work” and “the great task remaining before us.”~ Ken White from, popehat.com/2016/08/30/i-stand-despite/
I happen to be that sort of middle-aged-softie who is deeply moved by our National Anthem.
…but, when I stand for the National Anthem, I do not judge those who do NOT stand (even if they are in the row behind me talking loudly). I love America all the more for its ensuring their right to a freedom of expression; An America where they should never be forced to declare their adoration for the State as a precursor to watching some random sporting event.
The Individual and the Herd
Here’s what it boils down to: Human beings are simultaneously individuals and members of society, not fundamentally one or the other. Some issues (like free speech) are easier to understand from the individual point of view, while others (like traffic) require a social point of view.
~ Doug Muder
This is a long read and it’s *gasp* “thinky.” It’s also about *swoon* vaccination, but it’s really about individual rights and social responsibility. Repeat this phrase over and over, “an intelligent person can consider an idea without accepting it,” and give this a read.
If you have to understand the law to read a book, we have failed. If you have to enter into a contract – any contract, even a ‘‘good’’ contract – to read a book, we have failed.
These are cultural, not industrial activities. It’s insane to ask people to sign contracts to read books. Seriously, who actually thinks this is a good idea?
Maybe we do need rules for culture, and maybe we even need laws for culture, but they shouldn’t – and can’t – be the rules we designed for industry.
It’s not always easy to tell the difference between culture and industry, but there are plenty of cases where it’s totally obvious. For those fuzzy cases in the middle, come up with some guidelines and let the courts apply them.
It’s a wildly imperfect system, but at the very least, it isn’t the grossly Kafkaesque idea that you should have to enter into a 22,000-word agreement with Apple, AT&T, and Random House audio in order to listen to a 15,000-word novella.
~ Cory Doctorow