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March 25, 2005

New Ohio marriage amendment lets domestic abusers go free

The Advocate reports that Ohio's new marriage amendment prevents people who are not married from filing domestic abuse charges. (Via Metafilter.)

Ohio's constitutional amendment doesn't just outlaw gay marriage, but also common-law marriage and rights for live-in partners. Here is the text of the amendment:

Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.

The Advocate reports on a case from Cleveland where the lawyer of a man accused of domestic violence against his live-in girlfriend "had asked the judge to throw out the charge because of the new wording in Ohio's constitution that prohibits any state or local government from enforcing a law that would 'create or recognize a legal status for relationships of unmarried individuals.'"

Before the amendment was ratified, "courts applied the domestic violence law by defining a family as including an unmarried couple living together as would a husband and wife."

Hear that, straighties? Your precious Issue One -- the one that was designed to prevent you from being ass-raped every minute of every day as you walked to the corner store for some milk and a carton of eggs (because that's what the gays do) -- has backfired on you! Turns out Robert Blackwell hates rednecks as much as he hates gays! The joke's on you for buying into the right's "you should vote for us because we'll keep the heathens away, even though we're screwing you financially" argument!

Ohio is still reprehensible.

March 23, 2005

Guess who shouldn't be deciding Terri Schiavo's fate?

In an attempt to appeal to the new party line and make their Christian constituents happy, Congress voted last week to send Terri Schiavo's case to a US federal court with a federal judge randomly selected by computer to hear the case. But that's not at issue. The Constitution gives Congress the power to determine the cases that federal courts will hear. Congress has total control over the federal courts, since it established them back in 1789 by an Act of Congress.

What is in question here is whether or not it is Tom DeLay's, George Bush's, or anyone else's business what happens to Terri Schiavo. Schiavo has lain in a "persistent vegetative state" -- not quite a coma -- for the last seven years after her heart stopped due to an undiagnosed potassium deficiency. Six courts have heard her story, not to mention that the Supreme Court has turned down requests for writs of certiorari three times. Every time the ruling has been the same: Terri Schiavo has a right to die.

The New Right disagrees. It is to be contrasted from the Old Right -- the party of the beloved Ronald Reagan -- due to its religiousness. Ronald Reagan was like George Washington in his affirmation that there was a god out there, somewhere, but he was not public about his religiousness. His conservatism was good, old-fashioned political and economic conservatism. Tax cuts for the wealthy. Budget cuts for social programs. Increased defense spending.

George W. Bush, the figurehead of the New Right, does all that as well as publicly proclaiming his religiousness to anyone who cares (or doesn't care) to hear it. Bush is a born-again Christian, an Evangelical who believes in Puritan morals: drugs are bad, sex is bad, everything the state says is bad is bad. He's like a modern-day John Calvin, except not so crazy and not as smart.

The New Right combines all the secular divisiveness of the Old Right with a new divisiveness based on religion. The official government line on sex education is abstienence only. The Centers for Disease Control (CDC) was even changed to reflect this new policy, trumpeting the virtues of abstinence without so much as a word about prophylactics (all this in the face of research which suggests that abstinence-only education is, at best, merely as effective as birth-control education, and at worst, much less effective).

What a perfect issue upon which to proclaim one's values: the right to die, an extension of the "right to life." The New Right posits that while there is a right to life, there is no right to die. Just ask former Attorney General John Ashcroft, who, months into his new job in 2001, ordered the state of Oregon to repeal a popularly-passed state law allowing assisted suicide. Thankfully, the US Supreme Court rebuked him for overstepping his bounds. But where are the rebukes for Bush and the Republicans in Congress who want to involve themselves in the private lives of citizens?

For the Old Right, the Schiavo case has been appalling. Nine old-school Republican senators voted against the measure to send her case to a federal court. Their justification was that the government -- and least of all the Republican Party, the party of federalism -- should not get involved in the issue. The New Right (of which Ohio Senator George Voinovich is a member) claims that issues of life always trump issues of federalism. If there is the possibility of someone's life being taken -- even at that person's will -- then Congress will send in the Marines to ensure that no one dies (even if they want to). "My party is demonstrating that they are for states' rights unless they don't like what states are doing," said Christopher Shays (R-CT) in today's New York Times. "The Republican Party of Lincoln has become a party of theocracy."

Members of Congress who voted against the measure were weary of government involvement in the case and the kind of precedent that such involvement would set. Anytime someone disagreed with the outcome of a case, he could march to Congress and demand a new trial? Or, more frighteningly, Congress has the power to tell people what they can and cannot do with their lives?

For all the talk that Republicans make about Democrats using the judiciary to usurp the legislature, here is an example of Republicans using the judiciary to usurp the judiciary. Don't like the outcome of a case? Then send it back again! Order a new trial. Keep going until you find a judge who agrees with you. That's clearly what the Constitution, with its literality and timelessness, means.

Terri Schiavo's parents maintain that with additional therapy, she will get better. Doctors who have examined Schiavo disagree, which is why courts have repeatedly ruled in favor of Michael Schiavo, her former husband, who wants her feeding tube removed. Mr. Schiavo has testified several times that Terri told him that she didn't want to remain a vegetable on life support.

So who holds responsibility for our decisions? Is it us, or is it the government? Apparently, in matters spiritual (and this is being framed spiritually), the government has the last word. In our new Christian theocracy, the government makes our moral decisions for us -- and almost every decision is framed as a moral decision.

Terri Schiavo is not going to get better, despite the claims of her parents and doctors who have never met her or examined her. Certainly she has a right to life, but she also has a right to liberty and the pursuit of happiness. Trapped inside a stationary shell, she has no liberty, to say nothing of any happiness she may have left. As the recent Spanish film El mar adentro points out, sure people have a right to life, but if they're a vegetable or a cripple, then what kind of life is it? Must they have any life, or a good life of their choosing? If life is a gift, then what happens when a person doesn't want that gift anymore? What happens when life causes more pain and suffering than joy and happiness? Must a person still stick it out just for the sake of existing?

Big philosophical questions that the New Right answers "yes" to. "Yes" a person must stick it out for the sake of existing. "No" it doesn't matter what the individual thinks. We, the congressmen, the Elect, will determine what you shall and shall not do with your own selves. You are not to be trusted with your own lives. They are far too precious to be abused by you.

The age of American secularism is coming to a close. For the next three years, we will be ruled as though this were seventeenth-century Geneva, or 1980s Iran. Faster than we care to believe, The Handmaid's Tale is becoming a reality. The government is taking control of our souls, acting as their custodian, since we un-Elect are too sinful to be trusted with the breath of God. Trust us, we know what we're doing. The fact that we are in power at all is a reflection of our deep spirituality. We're clearly better people than you are. Why else is it that we're up here and you're down there?

March 21, 2005

The so-called liberal media, our so-called liberal schools

[An op-ed written by one of my professors. I have corrected spelling mistakes which, for an English professor, probably shouldn't be there. --Mark.]

By Richard D. Erlich

American right-wingers make the same mistakes in complaining about liberal colleges and universities as they do in complaining about what Eric Alterman calls "the so-called liberal media." I'll start with media, since this piece appears in a news medium and readers can test my initial assertions without leaving your chairs.

First, the usual political right-wing analysis focuses on hard news and political news, which is clearly only a small portion of a newspaper or electronic "news" show. From a political point of view, the remaining media materials are like the graphite in an old atomic pile: a moderating influence, distractions from hard news. Changing the figure of speech -- but sticking with high-school physics -- most of a newspaper or news show just adds mass for a truly conservative (and often useful) inertia.

The entertainment section of the newspaper or programming most offends the Religious Right with its stress on sex and salaciousness. From the point of view of the Old Right, however -- the Right concerned with power and money -- the entertainment sections and show business generally are just fine: people who follow minutely the lives of Paris Hilton and Brad Pitt aren't out organizing unions or checking the voting records of their senators. From a seriously political point of view, the entertainment media are mostly distractions reinforcing the status quo.

Much of the remaining material is more actively conservative. Newspapers have business sections, not labor sections. Homemaking and style sections are aimed at women, reinforcing traditional roles. Those hundreds of thousands of advertisements and commercials -- and the real estate sections and automotive sections and electronics sections -- all carry the additional message: "Capitalism is good; consume, consume."

The doctrine, "If it bleeds, it leads," especially on television, actively functions to increase fears of street crime, when crime is handled, and distracts from issues that can be handled politically in stressing traffic accidents and "acts of God" such as floods and tornados.

When US media do show bleeding victims of war and other political violence, most of the victims shown are our people or our allies'; much less often do we see people killed, wounded, or maimed by US forces.

Second, the Right's stress on character often blinds them to the importance of context. In much right-wing theory -- e.g., President George W. Bush's, as he usually implies it -- good people do good things; bad people do bad things -- and liberal reporters twist news toward the liberal. Such concentration on character is fine for logic puzzles, where liars always lie and truth-tellers speak truth. The real world is more complicated, and real reporters operate in contexts, and with constraints, including constraints when they do report hard news.

Conventional analyses of political events, using familiar buzzwords, can be presented quickly and simply; unorthodox interpretations require more words. In a "sound-bite" media culture, you're not going to get much radical analysis; it takes too long to explain.

Editors assign stories to reporters, and publishers hire editors. What gets covered and what is considered news is mostly determined by the politics of editors and publishers, not by reporters.

Similar concerns apply to the right-wing analysis of American higher education.

Dedicated college students put in 50-60 hour weeks on their studies; that leaves about 108 hours per school week for sleep and other things even for dedicated students, and some 2/3 of college students don't put in anywhere near 40-hour workweeks. Most college students, during large parts of their waking time, are messing around with other college students in terms of a young-adult (sometimes old-child) sub-culture that participates enthusiastically in the larger American consumer culture.

What does liberalize students is what one of mine typified as the most important thing he learned in college: in his case learning, "Not everyone is Catholic." Real diversity among the student body is liberalizing, and, if social conservatives want to stop it, they should continue cutting subsidies and student aid and discouraging foreign students -- to make college again a place for rich Americans of the lighter shades of skin color, and genteel ideas about work.

Classes are not a crucial factor in most students' lives, and most classes are in fields in which political issues don't come up very directly, or, if they do, are handled in conservative ways. Most colleges have business schools; few have labor institutes. Many colleges have ROTC units; none teach techniques of armed insurrection, and there are few courses handling how to organize a protest march. And even in a radicalized English Department, teachers are going to have to spend much of their time on some pretty basic skills in reading and writing and can do our most radical work just introducing young Americans to logical thought. (Thinking skills, apparently, are not among the "basics" schools get back to.)

Insofar as character counts -- and it counts -- right-wingers underestimate professors' professionalism; more important, though, is underestimating the power of contextual constraints, and greatly overestimating the influence of school, period.

Surveys consistently indicate that most students are in college neither to change the world nor, primarily, to get an education. Most college students are in college for COLLEGE!: "The full collegiate experience," "fun and games," what Murray Sperber calls "Beer and Circus," along with getting a diploma and transcript good enough to get a decent job.

Even in those courses where liberal teachers may be teaching liberalism, most students will be learning-to give a generous meaning to the word learning-by the method of "cram and regurgitate," and we should take very seriously the image of regurgitation. To regurgitate information is different from chewing on an idea, deciding to swallow it, and then digesting it and assimilating it.

Example: My first semester teaching Rhetoric 101 at the University of Illinois (1966/67), all of my students were freshmen from either Illinois or New York State. A student chose for a definition exercise, "Treason," and began her essay, "In the United States, treason is" -- and proceeded to give her own, personal definition of treason. I gave a "Time Out" signal and told her she'd ruined her ethos, her credibility. "If you start out, 'In the United States treason is,' you've got to complete the sentence with the definition in the Constitution." Blank stares. "You can go on from there however you want, but treason is the one crime defined in the Constitution" (III.3.1). More blank stares. "Look," I said, "you're all from states that require you to pass an exam on the Constitution. You just passed the exam; you have to know this." Mutter from class (approximately): "We had the exam."

My position: They'd recently passed the exam; they had to have basic understanding of the Constitution. Their position: They had passed the exam, so why did I expect them to remember anything about the Constitution?

If your primary goal is to get a degree and decent transcript while having a good time in the last bit of freedom before moving on to the suckiness of US adulthood, "cram and regurgitate" makes excellent sense -- and that which is regurgitated is no longer with you.

Alternatively, consider a graffito in a bathroom stall in the business school building of Miami University: "The secret of success: Find out who Big Brother is; find out what Big Brother wants; do it." (Under that in another handwriting, "Marry Big Brother's daughter.")

Many students learn the precept, "Give authority figures what they want from you, to get what you want from them." Students will often give their occasional radical instructor radical views. When they get out into the business world, they'll give their bosses what those bosses demand.

If the politically inclined want a rule for what is crucial, try "Seize and hold the means of reinforcement," power over rewards and punishments. So long as the Right as a group controls so many of America's rewards and punishments, they will remain in control of America and don't have to fear that occasional radical teachers or liberal journalists will subvert the weak minds of innocent Americans. Most of us are occasionally illogical and often no more than semi-conscious, but most college grads try hard to figure out and serve our self-interest.

The joke in the late 1970s into the 1990s was that the deal in 1968 was that the Center and Right would get the Presidency, the Congress, the courts, the military, most business and industry, most of the media; and the Left would get the Berkeley English Department. The culture wars, the joke continued, was that now the Right wanted back the English departments.

The Right should relax. The media are largely theirs, and what isn't theirs is cultural, not directly political. And if the Powers That Be don't move deeply into student lives-a draft or significant interference with booze drinking-the campuses will remain, at most, a mild and long-range threat to their power.

Richard D. Erlich is a professor of English at Miami University (Oxford, OH), where he has worked since 1971.

More like 'Academic Bill of Stupid'

Much commotion has been made about Ohio State Senator Larry Mumper's SB 24, "To enact sections 3345.80 and 3345.81 of the Revised Code to establish the academic bill of rights for higher education."

Part of the reason that this is a cause for concern is that SB 24 is practically a duplication of Students for Academic Freedom's Academic Bill of Rights. SAF, along with Young America's Foundation, is a David Horowitz organization devoted to the indoctrination of young conservatives. Horowitz is a crazy conservative who goes to cocktail parties with Ann Coulter and Sean Hannity. He is famous as a ridiculous right-winger who believes that the Israelies can do no wrong and the Palestinians can do no right. To lift whole phrases from Horowitz's Academic Bill of Rights and insert them into a bill that would govern all of the public universities of the state of Ohio and claim that this is all in the name of being "fair and balanced" is disingenuous at best.

Most universities already have such policy statements. Miami University's Values Statement affirms Miami defends "the freedom of inquiry that is the heart of learning and combine that freedom with the exercise of judgment and the acceptance of personal responsibility."

Miami's Policy and Information Manual also affirms the right to "academic freedom." Section 5 of the policy details the "Rights and Responsibilities of the Instructional Staff" (PDF). From the policy:

Institutions of higher education are conducted for the common good and not to further the interest of either the individual teacher or the institution as a whole. The common good depends upon the free search for truth and its free exposition. (The word "teacher" as used in this document is understood to include the investigator who is attached to an academic institution without teaching duties.)

Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties correlative with rights.

Tenure is a means to certain ends, specifically: (1) freedom of teaching and research and of extramural activities, and (2) a sufficient degree of economic security to make the profession attractive to men and women of ability. Freedom and economic security, hence tenure, are indispensable to the success of an institution in fulfilling its obligations to its students and to society.

No faculty member shall be obliged to make her or his nonpublic work available for inspection by a second party in the absence of compulsory legal process.

Additionally, "The teacher is entitled to freedom in the classroom in discussing his or her subject, but should be careful not to introduce into his or her teaching controversial matter that has no relation to the subject."

Is there a need for a state law governing professors in this matter? Definitely not. I have never met a professor who evaluated student performance subjectively (that is, according to whether or not the professor agreed with it, not whether or not it was good work) or attempted to indoctrinate students with his or her own beliefs. The Academic Bill of Rights is the work of a few disgruntled people who are upset that their unpopular and unsupportable ideas are not being taught in universities.

Do you want to teach Samuel Huntington seriously in a Latin-American Studies course? Not possible. Latin-American Studies necessitates a Marxist analysis of Latin American/United States relations, something with which Huntington would never agree. But no serious LAS scholar would ever dream of utilizing Huntington seriously. Similarly, communism is not seriously taught in any economics course. You'll have to go to the philosophy department for that. An Academic Bill of Rights would require that every professor constantly look over his or her shoulder, giving the nervous thumbs-up to a staunchy bureaucrat overseeing the teaching.

Decisions about teaching practices are not to be made by politicans, especially those who are obviously terrifically biased (as Larry Mumper is). Let individual institutions determine the quality of their teaching and keep David Horowitz out of our universities. His assertions about liberal professors and indoctrination are just as applicable to him. "Academic freedom"? How about "freedom to institutionalize and mandate the teaching of conservative philosophy"?

March 19, 2005

Hotels.com is deplorable

My spring break trip to New Orleans would have been much better had hotels.com not screwed things up. I went there with Matt, so look for a similar story on his blog.

First of all, we booked a hotel that was five miles and a ten minute drive from anything we would ever want to see, in scenic Gretna, Louisiana. This was our fault for not researching the hotel's location (although the hotel claims to be in "New Orleans," Gretna is a different city altogether).

The Econo-Lodge in Gretna is immediately next door to a freeway and in a neighborhood that has seen better days. Much better days. Windows in two separate rooms had bullet holes in them. Additionally, this was a motel-style hotel, with rooms that opened immediately to the outside. I hate these kinds of hotels.

The Indian man at the counter (that's Gandhi, not Sitting Bull) spoke little English and, I think, couldn't read English. He told me to find my name on the check-in roster and point it out. He asked if I had booked my reservation through hotels.com or expedia.com. Certainly no one in his right mind would book that hotel after having seen it, so his only hope now is to rely on poor schmucks like Matt and me who haven't seen the hotel before.

My room was okay. A little smokey, though. I had forgotten to request a non-smoking room. I asked the Indian man at the counter, and he told me that all the rooms were full. He said he had 59 guests booked in 51 rooms and that he couldn't help me. He told me to come back tomorrow. The funny thing is, I took a walk around the hotel and there were probably at least a dozen empty rooms in various parts of the hotel.

Matt arrived several hours later and showed me his room. He was somewhat jolly about the fact that his room's lights didn't work. He was less jolly about smell in there. It smelled like someone had been cleaning fish in there. When he finally did get one of the lights working, he found . . . termites! Yes, folks, there were termites in the room. Matt went down to the Indian man and explained to him that there were bugs in the room, but he again reiterated that he had no room. Matt's girlfriend Nicole was with us, and she emphasized that she wasn't going to stay there. We agreed and fled the hotel just like the last scene of Poltergeist, except the hotel didn't implode in a ball of light.

The next day, safe within the arms of a Best Western, we called hotels.com to get some sort of restitution. Hotels.com advertises that there are no refunds, but they can't seriously consider that in the wake of the following facts:

  • The bugs, of course.
  • Matt reports that the hotel owner told him that "the property changed hands in December" and since then, it's been hard to keep things up to code, "but what can you do?" Some facts suggest that this place is not an Econo-Lodge. The gold-painted "Econo-Lodge" sign behind the check-in counter was just "Lodge," as the "Econo" had been removed. The listing for this hotel at hotels.com says it is called "Economy Inn," and the keycards said "Best Value Inn." Clearly, we had been lied to.
  • And speaking of lies, the hotels.com listing says that "the hotel features an outdoor swimming pool and a full service restaurant." It features neither of these things.

We registered our complaints with hotels.com, but they maintained that they had to give the owner of the alleged Econo-Lodge 72 hours to decide to refund our money or not.

My message for cyberspace is this: Stay away from hotels.com!

March 9, 2005

Interview with Stephen Colbert

Boing Boing's link to an NPR interview with The Daily Show correspondent Stephen Colbert may not work so much. The blog which hosts the interview, On Lisa Rein's Radar, appears to be swamped. The interview is also available in evil RealPlayer or evil WindowsMedia streaming audio format at NPRs' website.

March 3, 2005

Amicus brief from Free Software Foundation

Via Boing Boing comes an amicus brief in the MGM v. Grokster case from the Free Software Foundation.

The first lines struck me immediately:

At the heart of Petitioners’ argument is an arrogant and unreasonable claim -- even if made to the legislature empowered to determine such a general issue of social policy -- that the Internet must be designed for the convenience of their business model, and to the extent that its design reflects other concerns, the Internet should be illegal.

This is what I've been saying all along: that content providers want a business model that is convenient for them, and if they have to choose between developing a new one or forcing new technology to conform to the standards of the old one, they will choose the latter.

When the ability to "separate" infringing from non-infringing communications is within the realm of technological possibility, even if only through one possible network design, a centralized server-client architecture, that route must be chosen. Failure to adopt that technical architecture by software designers creating network protocols and applications establishes secondary liability for later acts of infringement of which the technical designers were unaware and over which they had no control.

A similar argument was made by the computer science professors, viz., that a network is designed with efficiency in mind, not ability to break the law. P2P networks were used for file-sharing because they handled large loads well and didn't require centralized servers (thus, less overhead). Petitioners suggest that since the designers of file-sharing software did not use a client-server network -- which would be able to filter infringing content -- then that software must be infringing because it was not designed using a network architecture that could prevent infringement. The problem here is that we have no idea what the intent of the software designers was. And most software designers will strive for efficiency without even considering other implications.

FSF later notes that petitioners are seeking government assistance for "an unprecedented and unwarranted extension of their monopolies."

This Court has consistently held that copyright holders do not have unlimited power to control all or even most uses and distributions of their works. Extension of control beyond the limits set by the distinction between expressions and ideas, and the principle of fair use, is constitutionally prohibited, as this Court has repeatedly taught.

Thus petitioners do not have the ability to control every use of their works, since the purpose of copyright law in the first place is "the general public good."

FSF concludes that decisions about changing copyright law to reflect new technological innovations should be made by Congress, not the judidicary. Although if the DMCA and Orrin Hatch's loathsome Inducement of Infringement of Copyright Act are any indication of what Congress will offer, I'd rather take my chances with the Supreme Court. At least they're not taking money from MPAA and RIAA.

March 2, 2005

The battle for wireless

Increasingly, technology and media companies have been faced with the choice to innovate or stifle. To "innovate," a company would have to change its business model to meet with the new challenges of the Internet, which is a very different marketplace from those that companies were used to. To "stifle," a company could use political influence to have laws changed so that they can make the Internet conform to the practices of the old marketplaces.

Guess which one they've chosen.

Costa Rica may criminalize VoIP (Voice over Internet Protocol, a method of making phone calls by sending data over a broadband Internet connection) if the Costa Rican (non-state-owned) telecom monopoly has its way. Most U.S. government agencies have ruled that VoIP is a data service, not a telecom service, and as such, should not be regulated. But that won't stop Instituto Costarricense de Electricidad (Costa Rican Electrical Institute, ICE) from demanding regulation or, in a worst-case scenario, forbidding VoIP.

Why? ICE already has telecom infastructure in place. And it's getting money from that infastructure as well as from the services provided over that infastructure. VoIP is super-cheap, and given the option, most Costa Ricans would probably opt for broadband + telephone service instead of individual services (and Costa Rican phone services are none too good, either).

ICE doesn't want its customers to be able to make cheap phone calls. It will lose customers to VoIP. So, it's decided to use its influence to attempt to ban VoIP altogether, rather than change its business model.

A similar situation is popping up in municipalities around the United States. Cities and towns want to establish free, city-wide wireless networks (so-called Wi-Fi, but that's a dumb name, for reasons I won't get into right now). Telecom companies don't want them to, and as such, have pushed for state-level laws (like ones in Texas) banning the implementation of municipal wireless networks.

Back in the old days, companies would change their business models to fit a changing marketplace. Now, companies use their political influence to destroy the new marketplace, forcing it to adhere to the standards of the old one (cf. MPAA, RIAA). The Internet is not a Wal-Mart, and should not behave like one. Attempts to make the Internet into an older marketplace will ultimately fail, of course, as the Internet is more untamed than the "real" world and hardcore h4xx0rz will find ways around roadblocks imposed by corporate America.