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26 March 2017
Afternoon Sedition

Federal Bureau of Intimidation

Upside-Down Flag With Swastikas

Recreation of a flag I saw at an anti-Bush rally in Union Square prior to the 2004 election. (An upside-down flag is the international signal for distress. The swastikas, well, you do the math.)

The FBI visited me this morning for violating the UnPatriotic Act. I'm going to try to sell this story and will put this entry up at some point in the future.

The UnPatriotic Act — one nation, under surveillance, with oppression and terror for all.

— CitizenArcane

First Thing, We Gag All the Lawyers

When lawyer jokes become the basis for prejudice and bigotry, a line has been crossed which can lead to dangerous situations. Lawyer-bashing is hate speech that is as heinous as all other forms of bigotry. Crimes of violence against attorneys should be covered by hate-crime laws.

Harvey I. Saferstein, President of the California State Bar Association
quoted in "He Must Be Joking", The Oregonian, 8 July 1993, Page B8

Following on the heels of the Supreme Court ruling that the First Ammendment is not advisory, we have this story:

"How do you tell when a lawyer is lying?" Harvey Kash, 69, of Bethpage, said to Carl Lanzisera, 65, of Huntington, as the queue wound into the court. "His lips are moving," they said in unison, completing one of what may be thousands of standard lawyer jokes.

But while that rib and several others on barristers got some giggles from the crowd, the attorney standing in line about five people ahead wasn't laughing.

" 'Shut up,' the man shouted," Lanzisera said. "'I'm a lawyer.'"

The attorney reported Kash and Lanzisera to court personnel, who arrested the men and charged them with engaging in disorderly conduct, a misdemeanor.

"They put the handcuffs on us, brought us into a room, frisked us, sat us down and checked our driver's licenses to see if there were any warrants out for our arrest," Lanzisera said yesterday. "They were very nasty, extremely nasty."

The men are founders of Americans for Legal Reform, a group of outspoken advocates who use confrontational tactics to push for greater access to courts for the public and to monitor how well courts serve the public. One tactic is driving a truck around the Huntington area emblazoned with the slogan "Stop The Lawyer Disease." They said their rights to free speech were violated Monday.

NY Newsday

And lawyers wonder why they have a bad reputation? So bad that people are always quoting that that line from Shakespeare. You know the one. The one people always say is about how eliminating lawyers is the key to destabilizing society and seizing power: "First thing, we kill all the lawyers." Well, that interpretation is just plain wrong and is nothing more than wishful thinking, if not downright lying, on the part of lawyers.

The line comes from Henry VI, Part II. The context is fairly simple. Jack Cade, a notorious thug and vicious criminal, is a pretender to the throne, and is talking about all the wonderous things that will transpire upon his coronation. Dick The Butcher is a member of his gang.

JACK CADE: Be brave, for your captain is brave and vows reformation. There shall be in England seven halfpenny loaves sold for a penny, the three-hooped pot shall have ten hoops, and I will make it felony to drink small beer. All the realm shall be in common, and in Cheapside shall my palfrey go to grass. And when I am king, as king I will be —

ALL FOLLOWERS: God save your majesty!

JACK CADE: I thank you, good people — there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord.

DICK THE BUTCHER: The first thing we do, let's kill all the lawyers.

JACK CADE: Nay, that I mean to do. Is this not a lamentable thing that the skin of an innocent lamb should be made parchment? That parchment, being scribbled o’er, should undo a man? Some say the bee stings, but I say ’tis the bee’s wax. For I did but seal once to a thing, and I was never mine own man since.

Henry VI, Part 2, Act 4, Scene 2 by William Shakespeare

So the quote is not about how lawyers prevent revolution by keeping society orderly. It is not about how lawyers are key to ensuring that government is not disrupted by criminals. It is just about a bunch of semi-drunken criminials talking about what would constitute utopia. And given how lawyers treat the rest of us, is there really much doubt that eliminating many of those two-legged reptiles would bring about, if not utopia, at least a better world?

Ooops! Hate crime! Anyone know a good bail bondsman?

The Freedom to Not Listen

In Russia is freedom of speech.
In America is also freedom after speech.

—Yakov Smirnoff

Highway Cleanup Courtesy of the KKK - Sign 2

Free speech is not supposed to be inoffensive. Not only that, but it is, in fact, guaranteed to be inherently offensive to someone. That is, after all, the whole point of being able to say whatever is on your mind, no matter how distasteful someone will find it. It doesn't matter if we agree with the ideas or even like them: the rights of those who espouse Nazi or KKK dogma are just as protected as those touting kittens and puppies or the truly wonderful job Bush is doing for America by liberating Iraq and exporting jobs to China.

Free speech allows the Ayn Rand foundation to condemn tsunami relief efforts using government funds (aka tax dollars) just as it allows us to label their ideas as "typical callous and cruel Randroid claptrap". (No, I am so not making this up. Read their apology if you don't believe me; they — wisely — yanked their original editoral.) Free and open discourse is an essential to freedom, no matter how repugnant we may find it at times.

That's really the whole point: we don't have to all just get along. We don't have to spout ideas that everyone likes. We don't have to say only those things that the government gives us permission to say. Communism, to use a famous example, is a truly idiotic ideology; that does not, however, give the government the right to spy on and persecute those who believe in it.

You probably were not aware that the American fascist dictator Abraham Lincoln — yes, that Lincoln — suspended freedom of the press during the Civil War, suspended habeas corpus, suspended the Constitution, and actually imprisoned those who criticized the war, either verbally or in print. People could be arrested and incarcerated for the duration of the war on mere suspicion or even rumor of advocating peace. (The Republican party truly is the party of Lincoln.) Ezra Pound spent thirteen years institutionalized because he espoused repugnant political views. Is this right? No, it isn't.

The best way to deal with abhorrent ideas is to get them out in public where the santizing light of day can illuminate them for what they are. During the Civil War, my explaining the crimes of Lincoln, for example, would have had me imprisoned or banished. (I'll be writing more about that in a few days.)

The origins of the First Ammendment can be found in the John Peter Zenger trial.

No country values free expression more highly than ours, and no case in our history stands as a greater landmark on the road to protection for freedom of the press than the trial of a German printer named John Peter Zenger. On August 5, 1735, twelve New York jurors, inspired by the eloquence of the best lawyer of the period, Andrew Hamilton, ignored the instructions of the Governor's hand-picked judges and returned a verdict of "Not Guilty" on the charge of publishing "seditious libels." The Zenger trial is a remarkable story of a divided Colony, the beginnings of a free press, and the stubborn independence of American jurors.

John Peter Zenger Trial

The case, in a nutshell, is that way back in 1731, a newspaper publisher named Zenger published an article critical of New York's governor, and the governor retaliated by having Zenger arrested for sedition and libel, and then imprisoned for ten months before trial when Zenger couldn't meet the £800 bail. (This was a truly staggering sum in those days.)

The trial opened on August 4 on the main floor of New York's City Hall with Attorney General Bradley's reading of the information filed against Zenger. Bradley told jurors that Zenger, "being a seditious person and a frequent printer and publisher of false news and seditious libels" had "wickedly and maliciously" devised to "traduce, scandalize, and vilify" Governor Cosby and his ministers. Bradley said that "Libeling has always been discouraged as a thing that tends to create differences among men, ill blood among the people, and oftentimes great bloodshed between the party libeling and the party libeled."

John Peter Zenger

Andrew Hamilton Summation

Andrew Hamilton's Summation at Trial

Nowadays this would be an open-and-shut case. But there was no First Ammendment back then. Zenger's lawyer, Andrew Hamilton, had travelled all the way from Philadelphia to represent him. (This may well be the origin of the advice, "Get yourself a Philadelphia lawyer".) Hamilton argued that the jury could only convict if what Zenger wrote was false; the judge ordered the jury to convict, saying that Zenger had no defense. Well, the jury refused to convict and the case achieved such renown that Thomas Jefferson added the right to speak one's mind to the Bill of Rights.

Andrew Hamilton: The question before the Court and you, Gentlemen of the Jury, is not of small nor private concern nor is it the cause of a poor printer, nor of New York alone. No, it may affect every Freeman to deny the liberty of both exposing and opposing arbitrary power by speaking and writing truth.

Alexander Hamilton
Summation,August 4th, 1735

Ok, enough with the history lesson. What bearing does this have on the news? Well, it seems that the The United States Supreme Court just declined to hear Rahn v. Robb, Case 04-629, a case important to all believers in free speech. For those of you who don't track the Supremes' docket like a Yankee fanatic tracking Billy Martin's ups and downs, this was the case involving the Ku Klux Klan wanting to adopt a section of the Missouri highway. (Can you imagine? The Ku Kluxers have hobbies other than lynching and cross-burning. Who knew?)

Now, we all know that the KKK isn't doing this out of civic mindedness, and giving back to the communty. Far from it. This is a potent propaganda opportunity to say that the KKK is still alive and well in Missouri, given that the state will put up a sign saying that litter is being picked up by them. This sign is, of course, offensive. But, then again, so is seeing signs from churches, other bigoted groups (like the Boy Scouts and Girl Scouts), political groups (Republicans and Democrats), and even the local funeral director. It's all bigotry, politics, advertising, or some combination thereof, and I don't like it or want to see it. But the First Ammendment says, too bad. And that's good.

The state of Missouri, like most states, encourages groups to adopt a section of highway and keep it free of litter. Everyone wins: the group gets some free, and very public advertising; the taxpayers save millions in cleanup costs; and the public gets a clean stretch of road. (So the prisoners who used to do this job don't get their dose of fresh air and exercise anymore; too bad.) Anyway, when the KKK filed papers to adopt a stretch of highway the state refused. Litigation ensued, and the 8th Circuit Court of the United States ordered Missouri to honor free speech and let the KKK have its segment of highway. While the Missouri appeal was pending, however, state officials showed they had a sense of humor: the stretch of highway was renamed the "Rosa Parks Memorial Highway". No, this is not an urban legend.

U.S. Secretary of Transportation Rodney E. Slater today honored a pioneer of the civil rights movement by dedicating a one-mile section of I-55 south of downtown St. Louis, MO as the Rosa Parks Highway.

"Forty-five years ago, Mrs. Rosa Parks’quiet defiance greatly contributed to the civil rights movement, said Secretary Slater. "Today’s naming of the Rosa Parks Highway reminds individuals that transportation is about more than concrete, asphalt, and steel. It’s about people and empowering citizens to fulfill their dreams."

During the 2000 legislative session, the Missouri Legislature passed a bill, sponsored by State Senator William Clay and State Representative Russell Gunn, to name a 1.13-mile stretch of Interstate 55 from one mile south of Lindbergh Boulevard to Butler Hill Road the "Rosa Parks Highway." Former Governor Mel Carnahan signed the bill into law on May 30, 2000.

Missouri, Department of Transportion

Highway Cleanup Courtesy of the KKK - Sign 1

What's most amusing is that neither the United States Department of Transportation nor the Missouri Department of Transporation managed to mention exactly why Rosa Parks was being so "honored". (Another bit of trivia: John Ashcroft ran against Governor Mel Carnahan. When Carnahan died in a plane crash right before the election, Missouri voters elected the dead man over Ashcroft. After the dead man won, Republicans challenged the vote on the grounds that Carnahan was not, strictly speaking, a resident of the state on election day. They lost and sent Ashcroft to Washington. Guess who got the better end of that deal.)

Anyway, here's the story:

For the second time in four years, the U.S. Supreme Court has cleared the way for the Ku Klux Klan to participate in Missouri's Adopt-A-Highway Program.

The high court on Monday declined to hear the state's appeal of a lower court ruling siding with the Klan, meaning that picking up litter along Missouri 21 heading into Potosi can remain the responsibility of the Klan.

...

Missouri began its Adopt-A-Highway program in 1987. About 3,400 groups care for about 5,000 miles of Missouri roads, according to the MODOT Web site. The program saves the state about $1.5 million a year, the Web site said.

Such programs are popular nationally; every state but Vermont has one.

In a brief filed with the Supreme Court supporting Missouri's position, the Texas solicitor general warned that states could cancel their Adopt-A-Highway programs if they are forced to allow the Klan to participate.

Kansas City Star
Courtesy of BugMeNot.com
Login: icantkick@mailinator.com
Password: oregon1

I think the real question here is when are Americans going to wake up and realize that individuals must make decisions about what is or is not appropriate speech for themselves and that we must defend to the death the right to offend others. To do otherwise is to create world where a committee determines what we can say or hear, and that road, my friends, leads to fascism.

Oh, I have one more real question: how do klansmen keep those white outfits so spiffily starched and free of grass and dirt stains while picking up the trash in the hot sun?

Sources and Further Reading

  1. Kansas City Star Story (Login: icantkick@mailinator.com, Password: oregon1)
  2. Snopes confirmation of "Rosa Parks Memorial Highway" story as fact
  3. Seattle Post Intelligencer
  4. John Peter Zenger

Mega Tsunami: Coming Soon to a City Near You!

Speaking of tsunamis, the really worrisome issue is these things happen with alarming regularity, and that the one hitting Asia may be more of a runt of the litter than the supersized version. Back in September of 2001 — it was a busy month for everyone involved in apocalyptic events — warnings were issued about the Cumbre Vieja volcano on the Canary Island of La Palma.

When it lets loose it will cause a mega tsunami so huge it almost defies description — a wall of water hundreds of feet high, reducing to waves a mere sixty to a hundred-fifty feet high after crossing the Altantic; more than sufficient to obliterate North and South America's entire eastern seaboard up to ten miles inland, potentially killing hundreds of millions of people. Yikes! Run for the hills!

Photograph of volanic island La Palma in the Canary Islands

La Palma in the Canary Islands

Experts describe the resulting tsunami as being impressively large:

The tsunami have been modelled by Steve Ward of the University of California, Santa Cruz and Simon Day of the Benfield Hazard Research Centre (currently at Santa Cruz). In the worst case scenario (for a 500 cubic km collapse), this envisages an initial bulge of water 900 m high. This subsides to form waves in excess of 100 m in height that strike neighbouring islands. After an hour waves 50 - 100 m high hit the NW African coast, while Spain and the UK experience waves 7 - 10 m high two to five hours after collapse. After nine hours, the Florida coastline can expect to face around a dozen waves between 20 and 25 m high.

Cumbre Vieja Q&A (PDF)

Three hundred feet is about twenty stories, give or take. But it takes a little creative writing to put that into perspective:

Fortunately the nearest coast to the Canary Islands, where the waves will be around 300 feet (100 metres) high when they hit, is lightly populated Western Sahara. Few people living in the coastal plains of Morocco, south-western Spain and Portugal will survive either, but the waves will drop in height as they travel. The coasts of southern Ireland and south-western England will also take a beating, but by then the wave height will be down to about 30 feet (10 metres).

The real carnage will be on the western side of the Atlantic, from Newfoundland all the way down the east coast of Canada and the United States to Cuba, Hispaniola, the Lesser Antilles and north-eastern Brazil. With a clear run across the Atlantic, the wall of water will still be between 60 and 150 feet (20 and 50 metres) high when it hits the eastern seaboard of North America, and it will keep coming for ten to fifteen minutes.

Worst hit will be harbours and estuaries that funnel the waves inland: goodbye Halifax, Boston, New York, Philadelphia, Baltimore and Washington, DC. Miami and Havana go under almost entirely, as do low-lying islands like the Bahamas and Barbados. Likely death toll, if there is no mass evacuation beforehand? A hundred million people, give or take fifty million.

Gwenne Dyer

Path of Tsunami After Six Hours

Tsunami Hits North/South America After Six Hours

The US government's advice on How to Survive a Tsunami doesn't seem particularly useful in such circumstances. This dire event is, fortunately, not likely to happen next week. (Guess I'll have to put a check in the mail for the car insurance and the phone bill, after all.)

It is unlikely, however, that the collapse is imminent. ... Furthermore, although we cannot say whether the volcano will fail in its next near-summit eruption (like that in 1949; a small eruption in 1971 at the very southern end of the island seems to have had relatively little effect, probably because the magma did not rise so high in the volcano) or only after several more eruptions have progressively weakened it, since eruptions of the Cumbre Vieja occur at intervals of a few decades to as much as a few centuries the year-to-year probability of failure is relatively low. The "half-life-to-failure" of the volcano, if things continue as they are, might be as much as 5000 years - but could be much less.

Benfield Hazard Research Centre Report

In the meantime, buying tsunami insurance might not be the best way to spend your money. Neither is waiting for the tsunami to make Manhattan rents — or Brooklyn for that matter — affordable again.

Catching A Great Wave… off Kanagawa

Hokusai's Great Wave off Kanagawa

The Great Wave Off Kanagawa
by Katsushika Hokusai

The Great Wave Off Kanagawa has always been among my favorite works by Hokusai. I first encountered it decades ago in a hybrid of analog and digital, moving from the original to a wireframe, which led me to the original piece. When I first learned of the recent Asian tsunami I was again reminded how earthquake-induced waves of water have been a problem throughout recorded history.

Many people don't realize that Hokusai was inspired by a huge tsunami — about fifteen feet (five meters) high — that ocurred on 26 January 1700 after a magnitude-nine earthquake in the Pacific Northwest (cascadia subduction zone). Hokusai wouldn't be born for another sixty years, but the event made quite an impression, no pun intended, on Japan.

The painter and woodcut maker Katsushika Hokusai (1760-1849) was born in Edo (Tokyo), Japan. He is famed for the literally tens of thousands, possibly as many as thirty thousand, wood-block prints, silkscreens, and paintings he made. His inspiration was typically drawn from the lives of ordinary people, from traditional mythology, and from the world he saw around him.

Hokusai is most famous for his series of prints, Thirty-Six Views of Mount Fuji (circa 1826-33) created when he was between sixty-six and seventy-seven years old.

From the age of six I had a penchant for copying the form of things, and from about fifty, my pictures were frequently published; but until the age of seventy, nothing that I drew was worth of notice. At seventy-three years, I was somewhat able to fathom the growth of plants and trees, and the structure of birds, animals, insects and fish. Thus when I reach eighty years, I hope to have made increasing progress, and at ninety to see further into the underlying principles of things, so that at one hundred years I will have achieved a divine state in my art, and at one hundred and ten, every dot and every line will be as though alive. Those of you who live long enough, bear witness that these words of mine prove not false.

Hokusai (as told by Gakyo Rojin Manji)

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