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Choof.org Monthly Archive Professor Debunks Halloween Fearmongering NPR's ATC had an interview with University of Delaware Professor Joel Best, who has researched urban legends surrounding Halloween, and found that they are wholly false! These stories and continual feal about razor blades in candy is a lie! Clearly, anti-Halloween religious forces are perpetuating these perceptions! This is, as Marilyn Manson says, a campaign of fear and consumption. Check out the transcript! NPR Host: There's another story I've heard which was of the child who ingested heroin supposedly inserted into the Halloween candy. Professor Best: Right. That was a case in the 1970s. There was a little boy in Detroit--a widely publicized case, front-page news across the country, that he had been given heroin in his Halloween candy, and it was later discovered that he'd actually gotten into a relative's stash, and people had tried to cover this up by blaming it on Halloween. NPR: So it sounds like if there's anything for kids to be concerned about at all on Halloween, it's not so much strangers, it's their family, if anyone. All Things Considered Joel Best discusses contemporary myths about poisoned Halloween candy ROBERT SIEGEL, host: Here's a question of parental prudence at Halloween: Should this be a night when it's OK to make an exception to the rule against taking candy from strangers? Well, surely some of us are shaking our heads right now, saying no, mindful of the demon neighbor who inserted razor blades in the apples. This, of course, was back in the days of flat razor blades, or perhaps it wasn't. Professor Joel Best, a sociologist at the University of Delaware, has made a study of just such widely rumored, well-known, oft-told cautionary tales of Halloween horrors. And, Professor Best, the verdict is? Professor JOEL BEST (University of Delaware): You can have your kids go trick-or-treating. I have studied press coverage going back to 1958, and I can't find any evidence that any child has ever been killed or seriously injured by a contaminated treat picked up in the course of trick-or-treating. SIEGEL: But, as I'm sure many of our listeners are saying, wasn't there a story about cyanide-laced candy? Prof. BEST: Yes, indeed. There have been five deaths attributed to poison treats over the years. The most famous of these was a case in Texas where a father did deliberately poison his son's Halloween candy, and he was arrested, convicted and executed for that crime. The other four cases which have been reported in the news have all had follow-up stories which have retracted the claim that the death was the result of a contaminated treat received during trick-or-treating. SIEGEL: In which case, the question arises: How is it that there is so much lore attached to the poison candy, the booby-trapped fruit--whatever it is--that people are supposed to be aware of on Halloween? Prof. BEST: Well, I think the best way to think about this is that it's a contemporary legend, and a lot of contemporary legends involve food contaminations, and a lot of them involve stories about threats to children. And this is simply a very popular story which combines those two winning themes. SIEGEL: So successfully that hospitals in some places have offered to X-ray all Halloween candy so that parents can feel safe about letting their kids eat it. Prof. BEST: Absolutely. And you also have many, many shopping malls that encourage parents to bring their children to the mall to go trick-or-treating. You know, the fact that institutions buy into this legend doesn't make it any more true. SIEGEL: There's another story I've heard which was of the child who ingested heroin supposedly inserted into the Halloween candy. Prof. BEST: Right. That was a case in the 1970s. There was a little boy in Detroit--a widely publicized case, front-page news across the country, that he had been given heroin in his Halloween candy, and it was later discovered that he'd actually gotten into a relative's stash, and people had tried to cover this up by blaming it on Halloween. SIEGEL: So it sounds like if there's anything for kids to be concerned about at all on Halloween, it's not so much strangers, it's their family, if anyone. Prof. BEST: Well, it's that, and the other thing I would say is when you read press coverage around Halloween, you realize that it's a genuinely dangerous holiday--that is, there are children who are getting struck by cars, they get tangled up in their costumes and fall down and hurt themselves and so on. It is a night when we send millions of children out into the dark. But I don't think that worrying about poison candy is necessarily a thing that ought to be at the top of the list. SIEGEL: Well, Joel Best, thank you very much for talking with us once again. Prof. BEST: Oh, my pleasure. SIEGEL: Professor Best is chair of sociology and criminal justice at the University of Delaware. He was talking with us about the contemporary legend of tampered Halloween treats. EWG Gets Republican Strategist PR Memo The Environmental Working Group has obtained a memo written by Frank Luntz's PR firm describing how the Republicans should spin their rape of the environment. Check out the advice: "According to Luntz, when Republicans and lobbyists explain their positions “correctly,” (p. 136), 70% of the public agrees with them. While some parts of the document delve into sophisticated dos and don’ts, Luntz begins with advice that adheres to time-tested public relations maneuvers: * “convince them of your sincerity and concern” for the environment” (p. 132) * make use of broad, clear principles – promote “common sense” policy (p. 131); “people don’t understand the technicalities of environmental law – but they do understand the benefits of conservation of water, land, and open spaces” (p. 135) * unite Americans by emphasizing our shared rights and beliefs: “we all want to move towards a healthier, safer future” (p.131); “we all want/deserve clean air/water” (p.134) Via PR Watch. Gadget to Prevent Passengers from Reclining on to your Knees Yes! I've been searching for this thing for years--the "Knee Defender," which is covered in an article in today's Washington Post. It's a little piece of plastic that you can wedge into the tray table arm that prevents reclining. Apparently, you can get the same effect by wedging blankets between the tray arm and the seat. First Conference on Visual Literacy, Spring 2005 From the conference brochure: "This conference is on visual literacy, not visuality per se, because our intention is to open and pursue the question of the kind of visual competence that could, in an ideal university, be shared by every undergraduate student. Can there be a lingua franca of images, of modes of interpretation, of analytic tools? If so, what image-making practices, interpretive protocols, and conceptual bases should be taught? Some History of Breast Implants is recounted in today's Washington Post by Nora Jacobson, author of Cleavage: Technology, Controversy, and the Ironies of the Man-Made Breast. The oped primarily covers the controversy surrounding the FDA's decision to life the ban on silicone breast implants, but check out this passage summarizing the history of growing the breast: "Since the late 19th century, enterprising individuals -- doctors both rogue and respectable -- had been searching for a way to enlarge small breasts. The earliest attempts used transplants of fat or skin. Later, foreign objects -- like silk or nylon or injections of liquid paraffin -- were employed as filler. With the advent of manufactured plastic, breast-shaped sponges of synthetic foam became the favored material. An unverifiable report has it that liquid silicone was first used for breast enlargement in occupied Japan, when it was injected into the breasts of local prostitutes to make them more attractive to American GIs. By the 1950s, U.S. doctors were using silicone injections as well. Two plastic surgeons from Texas designed the first silicone implant -- a silicone rubber shell filled with silicone gel -- in 1963. Since then, the basic silicone implant has been modified scores of times, usually with the intent of making the final result seem more "natural." While plastic surgeons often published case reports describing their experiences with the most recent innovation, none of these methods or materials underwent any rigorous scientific evaluation before being placed in women's bodies." [...] "In the 1950s, they construed that need as a diagnosis, "hypomastia" (literally, "small breasts"), a psychological syndrome of low self-esteem and social withdrawal caused by being flat-chested. By the 1970s and '80s, however, in the wake of the sexual revolution and a New-Age philosophy of self-actualization, just wanting to look good became need enough. Pres. Heckled, Free Speech Adored Although it seems to have gone unreported in the United States, international papers are covering a story about Australian Senators heckling President Bush. After being heckled by Green party member Brown, President Bush said "I love free speech." I'm sure that President Bush loves free speech. It's a good retort to heckling, and it affirms the perception that the heckler has some power. But free speech hasn't prevented the government from declaring individuals "enemy combatants" and putting them in jail without any due process...Free speech isn't enough when you're dealing with a belligerent, uncaring administration. Blogging 101 The fabulous Lisa Rein is apparently teaching a class on blogging, and her students' work can be viewed here. I'm going to keep my eye on one of them in particular--Pleasing Women 101, which happens to be WRITTEN IN ALL CAPS. The site's author claims: "MEN CANNOT TEACH OTHER MEN ABOUT HOW TO PLEASE WOMEN, HOPEFULLY THIS BLOG WILL ASSIST SOME MEN WHO HAVE PROBLEMS IN THAT AREA." Jeebus Actor Struck By Lightning Twice The actor play Jeebus in Mel Gibson's insanity has been struck twice by bolts of lightning thrown by almighty Zeus. Via Reenhead. DOJ's Diversity Report Online Unredacted The Memory Hole has posted an unredacted version of the Attorney Workforce Diversity Report from the Department of Justice. Portability One Month Away On November 24th, cell phone users in America's 100 largest areas will be able to dump their current provider and keep their phone number on another service! For background, see Consumers Union's Escape Cell Hell Page, this excellent article in the Wall Street Journal, and of course, the FCC's Portability Page. The Wall Street Journal predicts that Verizon and T-Mobile will be the winners in the portability fight--individuals seeking quality service will go to Verizon, and T-Mobile will be chosen for its low cost. Cingular and Sprint PCS should be the users, most notably because Sprint PCS Sucks. The next step in placing individuals on par with the cellular industry is to require the companies to disclose their network reliability tests. As the Washington Post reported in November 2001: "The carriers contract with companies such as...LCC International Inc. in McLean -- to find the weakest spots in their networks and to compare their service to the competition's. Most also conduct their own tests. "Other than customer complaints, the drive tests are the only way Verizon Wireless can check its network, said John Johnson, a spokesman for the country's largest wireless-phone firm, which typically tests 2,000 miles a month in the Washington-Baltimore area. If a call is dropped, or if it fades out, Verizon can reprogram software in the network to make the signal stronger or plan to build another cell tower to increase its coverage, Johnson said." Now, why isn't this data public? Why do we have to listen to inane PR lies about pindrops and fewer dropped calls when the data exist, and could indicate who really runs the best service? Rep. Weiner introduced a bill to require disclosure of testing data, but the legislation hasn't moved. Tobacco Docs Worth $25k/Day The Washington Post reports that British American Tobacco is paying a $25,000 per day fine for not turning over internal documents in a case brought by the DOJ against the company. "The daily fines for contempt of court were imposed Friday by U.S. District Judge Gladys Kessler in Washington to pressure the company to turn over papers from its Australian subsidiary. Those documents are believed by the government to describe efforts by BAT to hide the health dangers of tobacco and cigarettes as well as a plan for destroying evidence that might be harmful to the company. Character Week Superceded by Forest Products Week The nerve! October 19-25 is not only Character Week, it is also been declared National Forest Products Week! Go wood! All hail paper! Check out this spin: "In the past, forests have been spoiled by overgrowth, decimated by insects and disease, and devastated by wildfires. My Administration's Healthy Forests Initiative will help prevent this kind of destruction. Aided by this Initiative, we treated nearly 2.6 million acres of forests during the last fiscal year to reduce dangerous overgrowth and restore forest health. Overgrowth=Bad! [Federal Register: October 22, 2003 (Volume 68, Number 204)]
----------------------------------------------------------------------- Part VII The President ----------------------------------------------------------------------- Proclamation 7723--National Forest Products Week, 2003 Proclamation 7724--National Character Counts Week, 2003
[[Page 60613]] Proclamation 7723 of October 17, 2003 By the President of the United States of America A Proclamation Our forests are a source of pride for our Nation. They Beyond their scenic beauty, our forests are vital to We have a responsibility to maintain the health and Recognizing the importance of our forests in ensuring NOW, THEREFORE, I, GEORGE W. BUSH, President of the [[Page 60614]] IN WITNESS WHEREOF, I have hereunto set my hand this (Presidential Sig.)B [FR Doc. 03-26830 Billing code 3195-01-P Character Counts Week Citing the great work of Susan B. Anthony and Frederick Douglass, President Bush has declared October 19-25 as "National Character Counts Week." What are you doing in your life to build character? Maybe you'll decide to come to DC this weekend and protest the war. "The whole history of the progress of human liberty shows that all concessions yet made to her august claims have been born of earnest struggle. If there is no struggle, there is no progress. Those who profess to favor freedom, and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters." [Federal Register: October 22, 2003 (Volume 68, Number 204)] Presidential Documents
By the President of the United States of America A Proclamation Many of our society's most cherished values, such as Throughout history, we see numerous examples of Since the terrorist attacks of September 11, 2001, we The development of character and citizenship has always This week, I urge all Americans to join me in promoting NOW, THEREFORE, I, GEORGE W. BUSH, President of the [[Page 60616]] IN WITNESS WHEREOF, I have hereunto set my hand this (Presidential Sig.)B [FR Doc. 03-26831 Billing code 3195-01-P Valpak Blocked, Millions of Junk Mailers to Go... Oh yeah! Got my first prohibitory order today. This one is against "Valpak," those annoying coupons that come constantly. This order prohibits Valpak from sending me any more junk mail. The good news is that it probably will also stop them from sending it to everyone on my block. Since these mailers use "saturation mailing," it is sometimes easier for them to just remove an entire block from their database instead of removing little old me. If you want to file a prohibitory order, you need a Postal Form 1500. An explanation of the process and the form is available from EPIC here. Boykin Commented on President Bush's Legitimacy? We've all heard General Boykin's comments on Islam...Harpers Weekly-Review reports that he also said that God installed President Bush: "Defense Secretary Donald Rumsfeld defended Lt. Gen. William Boykin, the deputy undersecretary of defense for intelligence and war-fighting support, who was videotaped making a number of impolite comments about Islam. Boykin was also videotaped propounding a new theory of American electoral politics: "Why is this man [George W. Bush] in the White House?" he asked in a speech. "The majority of Americans didn't vote for him. Why is he there? And I tell you this morning that he's in the White House because God put him there for a time such as this." Fry That Twinkie, Snickers Bar Read about the newest rage in the Wall Street Journal: fried candy bars! "While America is freaking out about carbohydrates and fat, state and county fairs are creating a boom in deep-frying candy bars, cookies and other treats. The trend is presenting food-chemistry challenges to concessionaires, who are devoting elaborate study to such challenges as deep-frying a Twinkie without turning it into a grease-soaked sponge. Halloween Approaching I thinking of dressing up as Rush Limbaugh, complete with oxycontin. Certainly need an Ann Coulter to accompany me. Alternatively, Dr. Weird may make a great Halloween character. Behold, the Thermometer! Bangkok Evicts Poor in Anticipation of APEC Here's Progress and Freedom for you: "BANGKOK, Oct. 20 -- This city of 10 million, known for its endless traffic jams and teeming street life, has been spruced up and locked down in preparation for the 21 leaders attending the Asia-Pacific Economic Cooperation forum that starts Monday. The cleanup has included barring thousands of street vendors from the central city, shipping 10,000 homeless people to army camps and banning more than 500 human rights activists from entering the country. Balboa Park, San Diego Fun was had in San Diego, Mexican food was consumed, and the judges know how to party! I had a chance to visit Balboa Park where there was great architecture and a wonderful botanical garden. There was also an exhibition at the San Diego Museum of Man on torture. It was shocking to see all the various devices that have been developed to cause embarassment and pain to others. So, you walk along and see all these bizarre devices and right in the middle of the exhibition, they have an electric chair. Makes you think... SAFETY Act Products The newest handout to the business community by the Department of Homeland Security are rules for creating products under the "Support Anti-Terrorism by Fostering Effective Technologies Act of 2002." The law allows DHS to evaluate products and give the companies immunity from product liability lawsuits. National School Lunch Week! What, you didn't hear? This week is National School Lunch Week! [Federal Register: October 16, 2003 (Volume 68, Number 200)] Presidential Documents __________________________________________________ Title 3-- [[Page 59513]] Proclamation 7719 of October 10, 2003 By the President of the United States of America A Proclamation Over the last 57 years, the National School Lunch By helping our children make healthy choices not only As part of the National School Lunch Program, the In recognition of the contributions of the National NOW, THEREFORE, I, GEORGE W. BUSH, President of the [[Page 59514]] IN WITNESS WHEREOF, I have hereunto set my hand this (Presidential Sig.)B [FR Doc. 03-26329 Billing code 3195-01-P San Diego I'm off to sunny San Diego this morning to attend the National Conference of Bankruptcy Judges. I wrote a very terse and error-ridden paper (PDF) for my talk involving the issues raised by placing personal information in public records. Not going to Mexico, but am planning to hit some Mexican restaurants to make up for the lack of decent food in DC! WSJ on FSU's "Attempt" to Curb College Drinking The Wall Street Journal has an excellent article discussing some of the pressures from industry against establishing real campaigns to limit college drinking. An earlier article discusses new approaches to the problem centering around PR and creating the perception that college students don't drunk abusively. One difficulty here is the definition of "Binge Drinking." It was set by a 1994 study published by Harvard researchers: "Binge drinking was defined as the consumption of five or more drinks in a row for men and four or more drinks in a row for women..." That's not binge drinking. The measure isn't flexible enough to evaluate more severe periods of drinking. And how in the world do you define a bender with such a strict definition of binge drinking? NTSHA to Test Roll Over and Die! NTSHA has published its final rule for rollover resistance. Check it: "While the total number of highway fatalities has remained relatively stable over the past decade, the number of rollover deaths has risen substantially. According to NHTSA's National Center for Statistics and Analysis, from 1991 to 2001 the number of passenger vehicle occupants killed in all motor vehicle crashes increased 4 percent, while fatalities in rollover crashes increased 10 percent. In the same decade, passenger car occupant fatalities in rollovers declined 15 percent while rollover fatalities in light trucks increased 43 percent. In 2001, 10,138 people died in rollover crashes, a figure that represents 32 percent of occupant fatalities for the year. It's not too late to get a Roll Over and Die! Sticker. Check Out Disinfopedia Disinfopedia is a "collaborative project to produce a directory of public relations firms, think tanks, industry-funded organizations and industry-friendly experts that work to influence public opinion and public policy on behalf of corporations, governments and special interests." Jared Restricted from Fast Food Competition? Quick, call the antitrust division: Jared (of Subway fame) isn't allow to eat at other "quick-service" restaurants. Is "quick-service" what we call fast food now? Via the Washington Post: "I'm not allowed to go into other quick-service restaurants," he explains wearily. It is barely 6:30 a.m. and Jared has been up for two hours, having pitched the upcoming American Heart Walk on the local "Good Morning Mississippi" TV show, and he desperately needs a coffee fix. Uncled! Holden & Elizabeth have had their first baby. Sophia. I've been uncled! Robot Monkey Bodies! Scientists in North Carolina have brought us closer to Sealab 2021's promise of installing human heads on robot monkey bodies! 2001 Smoking Stats Released by CDC This chart is from a report in the CDC's Morbidity and Mortality Weekly Report. Banks Now Charging for Overdraft Protection This is text that I typed in from today's Washington Post. Land of the Fee Overdraft protection used to be fee-free. That's changing, Chevy Chase Bank now has a $15 annual fee for accounts that automatically cover a check when there are insufficient funds available. Terry Cole, the bank's managing director, said the bank started charging the fee last year. "It's a great value for customers, a low-cost insurance" against bounced checks, Cold said. The alternative, she added, is a $32 fee for a bounced check, not to mention the cost of embarrassment. --Caroline E. Mayer Several points to make here: 1) Whenever you hear the word "value" come out of the mouth of a banker or policy person, hold on to your wallet and pay more attention, because you're about to be screwed. The word value has no meaning anymore. It's a vague term used to justify anti-consumer policy or technology. 2) Bigger banks charge more fees than small banks. According to the Federal Reserve's 2003 report to Congress on fees: "Of the fourteen fees for which comparisons are available...multistate banks charged significantly higher fees in eight cases and in no case charged a significantly lower fee...Of the twenty-four measures that may be considered indicators of service availability, six changed a statistically significant amount, and five of these were in the direction of less service availability." First Amendment and Freedom Jim Sollisch writes in the Washington Post that he didn't sign up for the Do-Not-Call Registry: "As an American, I believe in unrestricted freedom of speech. I support your right to bother me during dinner." Few people really believe in unrestricted freedom of speech. We like laws prohibiting sexual harassment, assault, false advertising, etc. We also like laws that allow us to keeps nude dancing establishments out of our neighborhoods, and laws that regulate sound trucks and other nuisances. But here's the crux: "The whole idea behind the "do not call" law is that freedom of speech doesn't cover commercial speech. The law doesn't stop charities or political organizations from calling me. Why should Arnold Schwarzenegger be allowed to call me looking for a handout while Bank of America can't pitch me a lower interest rate? It's so un-American." This is the fundamental problem. The writer has conflated political discourse with commercialism. This is a worldview difference--for many Americans, freedom is no longer about the ability to engage in political discourse. After all, the First Amendment doesn't protect a lot of political discourse, because individuals can be fired for their speech. Public employees' speech is subject to the "matter of public concern test." Employees of private employers can be fired for their speech, even if it is on a matter of public concern. Students basically have no free speech rights. Sollisch probably doesn't realize it, but he is seeking a maximalist bundle of rights for advertisers--effectively, his position would put telemarketers' rights far above the rights of the individual. But my goal is not to address the worldview difference, nothing can change that aside from deprogramming Sollisch from years of propagnda that have equated freedom from regulation with freedom. My goal is to prove that commercial speech actually has a censorial effect on political discourse and that it actually harms individuals' understanding of the market. Let's make the First Amendment matter for people, not just for profit. NYREV on the Organ Trade The New York Review of Books has an excellent article by David and Shiela Rothman on the international organ trade. Available online for a fee or on a newstand. Also a free review of David Cole's Enemy Aliens by Tony Lewis. Does Pat Robetson Want to Blow up the State Dept? Reuters reports: "Introducing Mowbray on his Christian Broadcasting Network, Robertson said that a person who read Mowbray's book would reach the conclusion that a nuclear explosion at the State Department was the best solution. "I read your book. When you get through, you say (to yourself): 'If I could just get a nuclear device inside Foggy Bottom (the State Department's main building), I think that's the answer' and you say: 'We've got to blow that thing up.' I mean, is it as bad as you say?" he said. "It is," Mowbray replied. Mowbray himself did not make the suggestion, either in his book or in the interview. According to the network's Web site, Mowbray's book "exposes the mixed allegiances, hidden agendas, and outright anti-Americanism found in the State Department." Wayne Madsen's complaint to the FBI regarding Robertson's Fatwa is online at Cryptome. A message from a friend to the FBI terrorism tip address: On Thursday, October 9, 2003, M.G. "Pat" Robertson, a resident of Virginia Beach, VA, communicated a weapon of mass destruction (WMD) terrorist threat against the U.S. State Department building in Washington, DC. Robertson's business address is 1000 Regent University Drive, Virginia Beach, VA 23464 (phone: 757.226.4127). During a broadcast of Robertson's syndicated television program, the "700 Club," Robertson said the following to National Review journalist Joel Mowbray, "'If I could just get a nuclear device inside Foggy Bottom (the State Department building), I think that's the answer." Robertson then reiterated his threat, "'We've got to blow that thing up." I live some 4 miles from the State Department building in Arlington, VA and I feel personally threatened by Robertson's remarks. Robertson also has the financial means to acquire WMDs. I would like to know what measures the FBI will take to prevent Robertson from communicating more terrorist threats to the metropolitan Washington, DC region. If an Islamic cleric in the United States were to say what Robertson said, I am sure he would now either be under arrest or detained incommunicado under the provisions of the Patriot Act. Illegal Art Stamps Among other things, Michael Hernandez de Luna has sent self-created stamps through the mail bearing the likeness of Catherine the Great, Los Straightjackets, and good old fashioned boobs. Captive Audiences and Advertising A friend pointed me to PUC DC v. Pollak, a 1952 Supreme Court decision where the court rejected the First and Fifth Amendment claims of bus passengers who objected to the bus company playing music and advertisements on the intercom of the busses. There are three rather interesting opinions--Justice Black concurred with the majority, and found that the bus passengers were not deprived of their First and Fifth Amendment rights by the music and ads. However, Justice Black argued that if the broadcasts contained news or other propaganda, forcing passengers to listen would violate the First Amendment. Justice Frankfurter recused himself, apparently because he himself rode the bus, and was "a victim of the practice in controversy." Justice Douglas wrote a very strong pro-privacy opinion, arguing that "If liberty is to flourish, government should never be allowed to force people to listen to any radio program..." The full text is in the extended entry below. An excellent essay by Charles L. Black about this case was republished in Stay Free! Magazine a few years back. Separate opinion of MR. JUSTICE BLACK. I concur in the Court's holding that this record shows no violation of the Due Process Clause of the Fifth Amendment. I also agree that Capital Transit's musical programs have not violated the First Amendment. I am of the opinion, however, that subjecting Capital Transit's passengers to the broadcasting of news, public speeches, views, or propaganda of any kind and by any means would violate the First Amendment. To the extent, if any, that the Court holds the contrary, I dissent. MR. JUSTICE FRANKFURTER. The judicial process demands that a judge move within the framework of relevant legal rules and the covenanted modes of thought for ascertaining them. He must think dispassionately and submerge private feeling on every aspect of a case. There is a good deal of shallow talk that the judicial robe does not change the man within it. It does. The fact is that on the whole judges do lay aside private views in discharging their judicial functions. This is achieved through training, professional habits, self-discipline and that fortunate alchemy by which men are loyal to the obligation with which they are entrusted. But it is also true that reason cannot control the subconscious influence of feelings of which it is unaware. When there is ground for believing that such unconscious feelings may operate in the ultimate judgment, or may not unfairly lead others to believe they are operating, judges recuse themselves. They do not sit in judgment. They do this for a variety of reasons. The guiding consideration is that the administration of justice should reasonably appear to be disinterested as well as be so in fact. This case for me presents such a situation. My feelings are so strongly engaged as a victim of the practice in controversy that I had better not participate in judicial judgment upon it. I am explicit as to the reason for my non-participation in this case because I have for some time been of the view that it is desirable to state why one takes himself out of a case. MR. JUSTICE DOUGLAS, dissenting. This is a case of first impression. There are no precedents to construe; no principles previously expounded to apply. We write on a clean slate. The case comes down to the meaning of "liberty" as used in the Fifth Amendment. Liberty in the constitutional sense must mean more than freedom from unlawful governmental restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is indeed the beginning of all freedom. Part of our claim to privacy is in the prohibition of the Fourth Amendment against unreasonable searches and seizures. It gives the guarantee that a man's home is his castle beyond invasion either by inquisitive or by officious people. A man loses that privacy of course when he goes upon the streets or enters public places. But even in his activities outside the home he has immunities from controls bearing on privacy. He may not be compelled against his will to attend a religious service; he may not be forced to make an affirmation or observe a ritual that violates his scruples; he may not be made to accept one religious, political, or philosophical creed as against another. Freedom of religion and freedom of speech guaranteed by the First Amendment give more than the privilege to worship, to write, to speak as one chooses; they give freedom not to do nor to act as the government chooses. The First Amendment in its respect for the conscience of the individual honors the sanctity of thought and belief. To think as one chooses, to believe what one wishes are important aspects of the constitutional right to be let alone. If we remembered this lesson taught by the First Amendment, I do not believe we would construe "liberty" within the meaning of the Fifth Amendment as narrowly as the Court does. The present case involves a form of coercion to make people listen. The listeners are of course in a public place; they are on streetcars traveling to and from home. In one sense it can be said that those who ride the streetcars do so voluntarily. Yet in a practical sense they are forced to ride, since this mode of transportation is today essential for many thousands. Compulsion which comes from circumstances can be as real as compulsion which comes from a command. The streetcar audience is a captive audience. It is there as a matter of necessity, not of choice. One who is in a public vehicle may not of course complain of the noise of the crowd and the babble of tongues. One who enters any public place sacrifices some of his privacy. My protest is against the invasion of his privacy over and beyond the risks of travel. The government may use the radio (or television) on public vehicles for many purposes. Today it may use it for a cultural end. Tomorrow it may use it for political purposes. So far as the right of privacy is concerned the purpose makes no difference. The music selected by one bureaucrat may be as offensive to some as it is soothing to others. The news commentator chosen to report on the events of the day may give overtones to the news that please the bureau head but which rile the streetcar captive audience. The political philosophy which one radio speaker exudes may be thought by the official who makes up the streetcar programs to be best for the welfare of the people. But the man who listens to it on his way to work in the morning and on his way home at night may think it marks the destruction of the Republic. One who tunes in on an offensive program at home can turn it off or tune in another station, as he wishes. One who hears disquieting or unpleasant programs in public places, such as restaurants, can get up and leave. But the man on the streetcar has no choice but to sit and listen, or perhaps to sit and to try not to listen. When we force people to listen to another's ideas, we give the propagandist a powerful weapon. Today it is a business enterprise working out a radio program under the auspices of government. Tomorrow it may be a dominant political or religious group. Today the purpose is benign; there is no invidious cast to the programs. But the vice is inherent in the system. Once privacy is invaded, privacy is gone. Once a man is forced to submit to one type of radio program, he can be forced to submit to another. It may be but a short step from a cultural program to a political program. If liberty is to flourish, government should never be allowed to force people to listen to any radio program. The right of privacy should include the right to pick and choose from competing entertainments, competing propaganda, competing political philosophies. If people are let alone in those choices, the right of privacy will pay dividends in character and integrity. The strength of our system is in the dignity, the resourcefulness, and the independence of our people. Our confidence is in their ability as individuals to make the wisest choice. That system cannot flourish if regimentation takes hold. The right of privacy, today violated, is a powerful deterrent to any one who would control men's minds. Scare the RIAA this Halloween with a Download Rave Netimperative reports: Download rave planned for Halloween by Chris Lake An underground association of ravers is urging music fans to boycott the Record Industry Association of America on Halloween night, in protest at its policy of suing file swappers. The campaign, called 'NATIONWIDE HALLOWEEN RAVE AGAINST THE BULLIES (In the Record Industry)', will see music fans congregating for offline raves on 31 October that will have one thing in common - the only music that will be played will have been downloaded from the internet. [...] Although initially aimed at the US, where the RIAA is based, the raves appear to be spreading to other countries and will "serve as the kickoff for many other anti-RIAA events throughout the coming months". It is not yet known whether the secretive organisers of the anti-RIAA campaign are in fact the RIAA themselves, on a mission to discover the names and addresses of the file swappers. One in three Americans are thought to have engaged in file swapping via the web. Billboards An Invasion of Privacy Some time ago, Stay Free! Magazine published an essay by 1960s ad-man Howard Gossage. In it, Gossage rejects aesthetic arguments against billboards, and instead argues that billboards are a coercive form of advertising that violate individuals' privacy. Check it: "...there is a very real question whether it has title to its domain. Outdoor advertising is peddling a commodity it does not own and without the owner’s permission: your field of vision. Possibly you have never thought to consider your rights in the matter. Nations put the utmost importance on unintentional violations of their air space. The individual’s air space is intentionally violated by billboards every day of the year. "But doesn’t everything visible violate one’s air space? Not at all. Visibility is not the only consideration. The Taj Mahal, street signs, the Golden Gate Bridge, a maze of telephone wires, even a garbage dump–however they may intrude on the eye–are not where they are merely to waylay your gaze; they have other functions as well. A billboard has no other function, it is there for the sole and express purpose of trespassing on your field of vision. Nor is it possible for you to escape; the billboard inflicts itself unbidden upon all but the blind or recluse. Is this not an invasion of privacy? I think it is, and I don’t see that the fact that a billboard is out-of-doors make the slightest difference. Even if it were possible for you to not look at billboards if you didn’t so choose, why in the world should you have to make the negative effort? Moreover, this invasion of your privacy is compounded in its resale to a third party. It is as though a Peeping Tom, on finding a nice window, were to sell peeps at two bits a head. "Thus we see that what the industry has to sell doesn’t really belong to it. It belongs to you... Oct. 12-18 is Marriage Protection Week President Bush has come to the rescue of marriage by declaring Oct. 12-18 "Marriage Protection Week." Note that he is taking a bolder take on homosexual marriage: "Marriage is a union between a man and a woman, and my Administration is working to support the institution of marriage by helping couples build successful marriages and be good parents. [Federal Register: October 8, 2003 (Volume 68, Number 195)] Presidential Documents
By the President of the United States of America A Proclamation Marriage is a sacred institution, and its protection is Marriage is a union between a man and a woman, and my To encourage marriage and promote the well-being of We are also working to make sure that the Federal We must support the institution of marriage and help During Marriage Protection Week, I call on all NOW, THEREFORE, I, GEORGE W. BUSH, President of the [[Page 58258]] IN WITNESS WHEREOF, I have hereunto set my hand this (Presidential Sig.)B [FR Doc. 03-25652 Billing code 3195-01-P ABL: Anyone But Lieberman Okay, Mark is right. Joe Lieberman can't be the president because he blamed Columbine-like violence on Marilyn Manson. I couldn't believe it until I watched Bowling for Columbine tonight. Lieberman referred to Marilyn Manson as: "perhaps the sickest group ever promoted by a mainstream record company." No, it's clear that the sickest group ever promoted was either Michael Jackson or N Sync. "It's a campaign of fear and consumption...keep everyone afraid, and they will consume." Drunk Crash at UGA So, check this out...I think I took this picture in 1997, just as I was entering law school at University of Georgia. This is a picture of a brick wall just off Lumpkin St. A drunk driver crashed into it, destroying a significant portion of the wall. The impact was from the North, so the driver would have entered from the left side of the picture. There was very little press on the event at the time, but this is a really impressive crash. If you look at the picture closely, you'll see that the driver crossed a very large sidewalk in order to hit the sign--that sidewalk is about 12' across. All of "University" is destroyed on the sign, so they must have hit it pretty hard. Novak Leak II Dana Milbank's column in today's Washington Post has an interesting story about a former Robert Novak column with a classified information leak: "Actually, this occurred in December 1975. Novak, with his late partner Rowland Evans, got the classified leak -- that President Gerald R. Ford and Secretary of State Henry Kissinger were ready to make concessions to the Soviet Union to save the SALT II treaty. Donald H. Rumsfeld, then, as now, the secretary of defense, intervened to block Kissinger. "The main leak suspect: Richard Perle, then an influential aide to Sen. Henry "Scoop" Jackson (D-Wash.) and now a member of the Pentagon's Defense Policy Board and a confidant of neoconservatives in the Bush administration. The account was described in a 1977 article in The Washington Post, noting Perle's "special access" to Evans and Novak. Apparently this info was dug up by a "new" "liberal" think tank called the Center for American Progress. Golden Key Sells Your Bits to Credit Card Companies Why can't I stop these damn incessant unsolicited credit card offers from MBNA? It's because Golden Key National Honor Society has sold them my address, and uses address update tools to track me down every time I move! Golden Key claims to be a "a nonprofit academic honors organization"…organized "to recognize and encourage scholastic achievement and excellence in all undergraduate fields of study…" The group's main contribution to my life has been unsolicited offers of credit, which can bestow the miracle of instant credit, and her ugly sisters, who are hidden in the closet by the financial services industry: the miracle of instant bankruptcy, and the miracle of instant identity theft. Golden Key's IRS Form 990 (which every 501(c)(3) organization is required to file) shows that the company is spending a whole hell of a lot of money in order to recognize scholastic achievement. 990s are sometimes tricky to read, but it looks as though they are spending a mere 700k on scholarships, while the top ranking employee pays himself 200k a year. $1.2 million is spent on ceremonies, and it is unclear whether any of that money becomes scholarships. The group spends almost $4 million a year promoting itself. If you ask me, a group should be able to give away more than $2 million in benefits annually if it has budget that exceeds $10 million. You can get Form 990s on almost any non-profit by visiting Guidestar.org. Misperceptions Behind Public Support for War; Fox Watchers Lead Pack Frank Davies of Knight Ridder reports: "A majority of Americans have held at least one of three mistaken impressions about the U.S.-led war in Iraq, according to a new study released Thursday, and those misperceptions contributed to much of the popular support for the war. [...] "The analysis released Thursday also correlated the misperceptions with the primary news source of the mistaken respondents. For example, 80 percent of those who said they relied on Fox News and 71 percent of those who said they relied on CBS believed at least one of the three misperceptions. "The comparable figures were 47 percent for those who said they relied most on newspapers and magazines and 23 percent for those who said they relied on PBS or National Public Radio. The actual report is online here (PDF). Enron E-Mail Online The Wall Street Journal reports that: The Federal Energy Regulatory Commission gathered a massive trove from Enron in its investigation of alleged energy-market manipulation. In March the agency released more than 1.6 million pieces of e-mail and other documents and posted them all on the Web in a searchable database http://www.ferc.gov/industries/electric/indus-act/wem/03-26-03-release.asp Vegas Shedding Family-Friendly Image It's about time...the Washington Post reports that family-friendly Las Vegas renewing its focus on sex, drugs, betting, and drinks: "Last month, the MGM Grand, the town's biggest hotel, closed its "Child Activity Center" and is now promoting a cocktail lounge where waitresses hold customers' shot glasses between their breasts. We need more adult-centered entertainment, and I hope this trend of making everything family-friendly, which by the way is very insensitive to those of us without children, is finally reversing! Coke in the School Doesn't Commercialize the Classroom? Check out the most recent BadAds post. It's on the recent partnership between Coke and the PTA: "according to a health and nutrition spokesperson for Coke quoted in the Times article. Says Kari L. Bjorhus, 'We do not believe that having vending machines in schools represents a commercial presence in the classroom because the machines aren't in the classroom.' Guess we can't argue with that...." The post also has a link to an important new study by Alex Molnar of Arizona State University: No Student Left Unsold, The Sixth Annual Report on Schoolhouse Commercialism Trends, October 2003. Media Tank Creative Rights Conference I had a great time at Media Tank's Creative Rights Conference in Philadelphia. I served on a panel moderated by Carrie McLaren of StayFree! Magazine. Carrie is the curator of the Illegal Art Exhibit, which features art that has been banned, blocked, or otherwise pursued by copyright holders. Siva Vaidhyanathan, author of Copyrights and Copywrongs was also on the panel. He explained how copyright law has evolved from a reasonable system to one that is locking out new artists and causing them to change how they make art. Michael Hernandez de Luna spoke about his art: stamps that he has created, some of which have made it through the mail. Ray Beldner explained that music has experienced a greater copyright attack than the visual arts. Kristin Thomson of the Future of Music Coalition spoke of uses of P2P that are friendly to artists and consumers. Ispoke about Digital Rights Management, privacy, and fair use. Nasty Adams-Morgan Pizza Joint Closed for 5 Days! Check this out: that pizza place that you go to at night after drinking in Adams-Morgan was closed for five days for health code violations! Name of Establishment: Pizza Napolis * Plumbing fixtures in poor repair.
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