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.)
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). ...
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."
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. ...
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.) ...
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.
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.
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.)
Dahlia Lithwick gives a rundown.
Today’s New York Times contains an editorial criticizing the “strange silence in Kearny” in response to David Paszkiewicz’s proselytizing in his U.S. History classroom: The vast majority of Americans deplore such proselytizing in public classrooms. But the truly disturbing aspect of all this, described earlier this month by Times reporter Tina Kelley, is not that one teacher so blatantly crossed the church-state boundary but that so few school officials and community residents seemed bothered by his behavior.The editorial points out the bravery of Matthew LaClair: The only reason anyone knows about Mr. Paskiewicz’s behavior is that one student, Matthew LaClair, 16, had the courage to speak up in September. Before doing so, he taped Mr. Paszkiewicz for eight classes because he feared officials would not believe him. He has since received one death threat, lost many friends, and says he can “feel the glares” when he goes to school.The editorial concludes: ...