Misinformation about blogger registration

The blogosphere was in an uproar about Section 220 of Senate Bill 1, on the basis of a press release from astroturf organization GrassRootsFreedom, run by conservative political activist Richard A. Viguerie. This press release claimed that this section of the “Legislative Transparency and Accountability Act of 2007” would require all bloggers with audiences of 500 or more people to register with the government. Slashdot promoted the press release with its typical inaccuracy, with very few commenters actually bothering to read what Section 220 actually said. In fact, the bill only required registration for bloggers with audiences of 500 or more people who are paid. And not just paid, but paid at least $25,000 per quarter. And not just paid at least $25,000 per quarter, but paid at least $25,000 per quarter by a client to promote lobbying on a political issue. Specifically, Section 220 required “paid grassroots lobbying firms” to register and file reports, and defined those as a person or entity that “is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; and receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period." The Captain’s Quarters blog was one of those that correctly identified the misinformation from Viguerie. Viguerie has been a major player in U.S. politics for a long time, and is described as follows in my “Fundamentalism is Nonsense” pamphlet (6th edition, 1986): Richard A. Viguerie, of the Richard A. Viguerie Company of Falls Church, Virginia, runs one of the largest direct mail fundraising companies in the country. He has raised money for such organizations and individuals as the Panama Canal Truth Squard, Gun Owners of America, the American Security Council, Citizens for Decency Through Law, Terry Dolan’s National Conservative Political Action Committee (NCPAC), the Conservative Caucus, and the Committee for the Survival of a Free Congress, Senators Jesse Helms (NC), Jim McClure (ID), Orrin Hatch (UT), William Armstrong (CO), John Warner (VA), and Representatives Philip Crane (IL), Mickey Edwards (OK), Larry McDonald (GA), and Phil Gramm (TX). Viguerie also publishes the magazine Conservative Digest [Conway 82, pp. 83-84, 87].The reference is to Flo Conway and Jim Siegelman’s 1982 book, Holy Terror: The Fundamentalist War on America’s Freedoms in Religion, Politics, and Our Private Lives (Doubleday). Viguerie’s efforts were successful, and Section 220 was removed from S. 1 by Senate Amendment 20. ...

January 21, 2007 · 4 min

Jack Shafer on the case for abolishing the FCC

At Slate, Jack Shafer argues for the abolition of the FCC, drawing heavily from Peter Huber’s book, Law and Disorder in Cyberspace. For a critique of Huber, see Tom W. Bell’s “The Common Law in Cyberspace” from the Michigan Law Review (1999, vol. 97, pp. 1746ff). (Hat tip to Jesse Walker at the Reason blog.)

January 21, 2007 · 1 min

David Paszkiewicz publicly displays his incompetence

At long last, Kearny, NJ U.S. History teacher and Baptist youth minister David Paszkiewicz has spoken out publicly about his teaching (in a letter to his local newspaper), and has publicly displayed his incompetence on early U.S. history in the process. Paszkiewicz’s letter shows that his knowledge of the Founding Fathers and the First Amendment comes from crackpot pseudo-historian David Barton. He misrepresents the views of Jefferson, Washington, and Franklin using out-of-context and fabricated quotations, makes the bogus argument that because the words “separation of church and state” aren’t in the U.S. Constitution that the concept isn’t there either, and generally shows that he doesn’t understand the subject matter he teaches. Kennesaw State University history professor David Parker shows that Paszkiewicz’s alleged Jefferson quotation from an April 21, 1803 letter to Benjamin Rush is not found in that letter. (There’s something somewhat similar, but Paszkiewicz’s version changes the meaning by dishonestly adding and removing words from what Jefferson actually wrote.) Paszkiewicz misrepresents Jefferson’s religious views, failing to recognize that Jefferson did not believe in the divinity or miracles of Jesus, and edited the gospels into “Life and Morals of Jesus of Nazareth” (sometimes known as the “Jefferson Bible”) by removing all of the miracles. Ed Brayton at Dispatches from the Culture Wars addresses Paszkiewicz’s claims in more detail, showing that he doesn’t understand the role of the U.S. judicial system. Mr. Paszkiewicz, already considered a fool, has spoken and removed all doubt. (Hat tip to Pharyngula.) UPDATE (January 15, 2007): I’ve removed the statement that Ed Brayton has shown that Paszkiewicz used a fabricated Washington quotation, though it appears Washington didn’t mean what Paszkiewicz thought he did, and Paszkiewicz didn’t quote it correctly. The correct quotation, part of Washington’s advice for assimilation, is “You do well to wish to learn our arts and ways of life, and above all, the religion of Jesus Christ. These will make you a greater and happier people than you are. Congress will do every thing they can to assist you in this wise intention.” He didn’t say he believed it, he said to learn it. An interesting and lengthy examination of the history of the First Amendment’s Establishment Clause can be found in Noah Feldman’s “The Intellectual Origins of the Establishment Clause” (PDF) from the May 2002 New York University Law Review (vol. 77, pp. 346-428). ...

January 14, 2007 · 3 min

CIA and White House block Cunningham investigation

The Duke Cunningham scandal, which reaches into the Central Intelligence Agency due to contracts awarded for intelligence-related contracts, has been stalled due to CIA refusal to cooperate with DoJ prosecutors. And now the White House has asked San Diego U.S. Attorney Carole Lam to resign. There’s still a lot of federal corruption that needs to be cleaned up, but it looks like the big fish are being protected from the top. Wikipedia has some good entries on Dusty Foggo of the CIA, his pal and contractor/Cunningham briber Brent Wilkes, California Rep. Jerry Lewis, and former CIA Director Porter Goss. UPDATE (January 17, 2007): San Diego U.S. Attorney Carole Lam has resigned. And, due to a provision in the USA PATRIOT Act (inserted by Sen. Arlen Specter), the Attorney General has the right to appoint replacement U.S. Attorneys without Senate approval. Previously the AG could only appoint interim U.S. Attorneys that had to be confirmed within 120 days or be subject to replacement by the relevant federal district court. UPDATE (February 13, 2007): Foggo and Wilkes were both indicted today on charges of money laundering and “honest services wire fraud."

January 12, 2007 · 1 min

Scientology "Industry of Death" exhibit in Missouri capitol

It looks like Missouri has followed the lead of Arizona lawmakers in helping out Scientology–they’ve allowed Scientology to set up an “Industry of Death” exhibit attacking psychiatry in the Capitol Rotunda: The “Industry of Death” exhibit is sponsored by the Church of Scientology and makes a host of outrageous claims about the field of psychiatry. Twenty-five percent of psychiatrists sexually abuse their patients. … And for the big surprise, psychiatrists were responsible for the Sept. 11, 2001, attacks - guilty by association, at least, since psychiatrists are responsible for the existence of terrorists and suicide bombers.Crazy. ...

January 11, 2007 · 2 min

Bush on sending more troops to Iraq

George W. Bush on sending more troops to Iraq: Some Americans ask me, if completing the mission is so important, why don’t you send more troops? If our commanders on the ground say we need more troops, I will send them. But our commanders tell me they have the number of troops they need to do their job. Sending more Americans would undermine our strategy of encouraging Iraqis to take the lead in this fight. And sending more Americans would suggest that we intend to stay forever, when we are, in fact, working for the day when Iraq can defend itself and we can leave. As we determine the right force level, our troops can know that I will continue to be guided by the advice that matters: the sober judgment of our military leaders.That was on June 28, 2005. Video at Think Progress. Now Bush wants to push a “surge” of troops over the objections of his military leaders. (Via Donna Woodka’s blog.) ...

January 9, 2007 · 1 min

Bush doesn't want the public to know who visits

After being embarrassed in the Jack Abramoff scandal by records of Abramoff’s visits to the White House in Secret Service records, the White House signed an agreement with Secret Service that the visitor records they collect count as White House property, not subject to disclosure under the Freedom of Information Act. Talking Points Memo has the memorandum of understanding here.

January 6, 2007 · 1 min

Kerry and the troops photo shows Michelle Malkin's unreliability

A photo of John Kerry eating breakfast “alone” in the U.S. Embassy mess hall in Baghdad was circulating in the right-wing blogosphere, touted as evidence that he was shunned by the troops. The left-wing blogosphere’s initial response was to question the authenticity of the photo due to the erroneous date/time stamp on the photo (caused by the photographer failing to set the date on the camera) and the presence of the flags of Britain and Portugal in the background (which other photos and personnel on site have confirmed are really there–and the Portugal one will be removed since Portugal no longer has personnel in Iraq). Michelle Malkin supplied evidence of the authenticity of the photo (but failed to recognize that it disproved her claim of Kerry being snubbed) by locating another photograph with Kerry, wearing the same shirt, sitting and eating with the troops. She then harshly criticized those who argued that the photograph was a fake, throwing out charges of “hysterics” and “moonbattery." But now Greg Sargent at TPM Muckraker has tracked down the details of what Kerry was doing sitting with at least one person in a suit (visible in the photo–Kerry was clearly not alone)–he was intentionally sitting away from everyone else in order to have an off-the-record conversation with two reporters, Marc Santora of The New York Times and Mark Danner of The New York Review and The New Yorker. They confirm that Kerry was not being snubbed by the troops, and in fact soldiers stopped by during their conversation to ask for photographs with Kerry: “Santora was to my right,” Danner also said. “It was very early in the morning at about 8:30, in the green zone. The reason that people weren’t sitting directly around us was that we were having a private conversation.” Asked if the troops showed animosity to Kerry, Danner said: “Not in any way that I noticed. A number of soldiers came up and asked to have their photograph taken with him."This is typical of Malkin–right on a specific detail (the photo was genuine) but completely wrong in the overall argument (that Kerry was being snubbed by the troops). Will she or the other conservative bloggers who have made the claim that Kerry was eating alone because he was snubbed by the troops admit their error? UPDATE (February 1, 2007): Snopes also has coverage of this Malkin claim.

January 5, 2007 · 2 min

Radley Balko visits Rack and Roll Billiards

Radley Balko of The Agitator paid a visit to David Ruttenberg’s bar in Manassas Park, Virginia, and witnessed firsthand the police harassment. (Also see previous coverage.)

January 3, 2007 · 1 min

The 10 most outrageous civil liberties violations of 2006

Dahlia Lithwick gives a rundown.

December 31, 2006 · 1 min
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