Bribery in a post-Citizens United World

If money is “speech” in an electoral context, what about during the course of governance?

Could direct payment of cash, or some other thing of value, to an official in exchange for some official action, or forbearance from some official action, be construed as a very convincing argument that is protected by the First Amendment?

To give an example, suppose two people have separate meetings with an official regarding a pending application for, say, a building permit. The first person is a resident of a neighborhood that adjoins the property on which the proposed project will be built. That person explains to the official that the project will cause substantial noise pollution at all hours of the day and night, will depress property values to a significant degree, and will cause all of the residents of the neighborhood to develop a non-fatal condition that causes them to grow additional heads that emit flatulence from their mouths, which will cause unemployment problems.

Like this, but I guess with more farts.

The second person meets with the official and explains that the briefcase in his hand has $1 million in cash that will belong to the official if the permit is issued. Continue reading

Share

My Thoughts on the Election After One Week, in GIFs

Quite a few people are angry. Some might even be looking for payback. Sure, the Republicans will talk a good game, like they’re all sunshine and sweetness. But really, we won’t be sure whom to trust. Continue reading

Share

The Second and the Twenty-Fourth

You may have seen this meme floating about (h/t Mare):

Via Facebook/Join the Coffee Party Movement

Via Facebook/Join the Coffee Party Movement

Rand Paul and Ted Cruz both agree criminals and terrorists should not have to show an ID to buy an assault rifle because it is an infringement on their constitutional rights.

But Rand Paul and Ted Cruz both agree a 92 year old senior trying to vote without the proper ID is a threat to our democracy and could destroy our free election system.

Leaving aside the atrocious font, the argument still isn’t quite right. It offers sort of a caricatured summary of the argument in favor of voter ID laws, and doesn’t note the constitutional implications of requiring people to get an ID that they would not otherwise need solely for the purpose of voting. That’s pretty much a poll tax, which is pretty unambiguously unconstitutional. Anyway, here’s my own caricature of the usual response to this meme from the pro-voter-ID-law crowd: Continue reading

Share

What I’m Reading, October 21, 2014

Schadenfreude: Not Just For Winners Anymore, Bette Noir, Rumproast, October 16, 2014

Heads are exploding all over the Conserva-sphere, today. Mostly because the owners of those heads don’t read very carefully.

CJ Chivers broke a story, in The New York Times, exposing a Bush administration and Pentagon coverup of the fact that US military troops were, with some frequency, stumbling upon, and in some cases being wounded by, chemical agents while deployed in Iraq.

Just the media source and a little bit of introductory information were enough to get the Right cackling with glee and spewing out delirious Bush Vindication blurbs. They were not all that troubled by the fact that some US soldiers have been damaged for life by their exposure to chemicals, or that those soldiers were sent into harm’s way without adequate training and protection against what the military knew was there. They were just so danged delighted to be able to say “See! Libtards, this is your own lamestream media spilling the story that our princeling was right all along. So bite me!”

Interestingly, a few caught the irony and said “hmmmmm, what’s The Times up to, here.” They were the smarter ones.

Why, Despite the Incredibly Discouraging Crap That’s Been Going On in Recent Weeks and Months and Years, I Still Have Hope for Organized Atheism, Greta Christina, Greta Christina’s Blog, October 15, 2014

There are also lots more women and people of color on the speakers’ circuit. When local groups invite visiting speakers, it’s not overwhelmingly white men on the podiums anymore. And women and people of color aren’t just being invited to speak about gender and race and diversity — we’re being invited to speak about Biblical history, about handling criticism in social media, about coming out as an atheist. Our voices are being heard. When we speak about our experience of our marginalization, and when we speak about our experience and knowledge about atheism or science or history or organizing, we’re being heard.

More importantly: There’s a shift in the activities that these local groups are involved in. There are local atheist groups, both off-campus and student groups, doing fundraising for women seeking abortions. Teaching English as a new language. Organizing protests against the Hobby Lobby decision. Organizing events for parents and families. Organizing events for children. Founding a secular humanist soup kitchen. And I strongly suspect that this shift in activities is at least partly responsible for the demographic shift — and is partly a result of it as well. Like I say when I give talks on diversity: Inclusivity is a self-perpetuating cycle. The more diverse a group gets, the more likely it is that they’ll get involved in projects that matter to a wider variety of people — and as the group gets more involved in projects that matter to a wider variety of people, it draws a wider variety of people. I don’t know this for sure, I’m not even sure how you would test it — but when I ask group leaders, this is what they commonly say. Either they started taking on more diverse projects as their group got more diverse, or their group got more diverse as they started taking on more diverse projects — or both.

Share

What I’m Reading, October 13, 2014

For Master Thieves, Legos Are the New Uncut Diamonds, Vocativ, Shane Dixon Kavanaugh, August 20, 2014

While Legos aren’t exactly uncut diamonds (they’re not nearly as portable), as far as untraceable commodities go, they’re almost as good. Thieves can sell unopened Lego sets, which are very difficult to track, almost immediately online for as much or more than the retail price. And if they sit on them for a while, it gets even better, because many of the bigger sets rapidly appreciate in value—at a rate much faster than inflation. In other words, they’re money in the bank.

Last week’s back-to-back busts underscore what appears to be a growing awareness among criminals of Legos’ street value. Over the last couple of years, professional thieves and opportunists around the world have turned the Danish building blocks into fat stacks of Benjamins. They’ve included Silicon Valley executives, criminal masterminds in Florida, Oklahoma conmen and even drug dealers in Amsterdam, who have started accepting Lego toys as payment.

Some go for the toy stores, others rob the delivery trucks. Earlier this year, a suspected band of crooks in Australia brandished angle grinders and crowbars to pilfer at least $30,000 in Legos from four different retailers. In England, bandits in Watford Gap and West Yorkshire pulled off Lego truck heists to the tune of $87,000 and $67,000.

The Kraken Is Such A Big Meanie, The Kraken, The Gloomy Historian, October 9, 2014 Continue reading

Share

What I’m Reading, October 10, 2014

Men Have Depended on the Government for Centuries—So Why Shouldn’t Women Do the Same? Rebecca Traister, The New Republic, October 8, 2014 (h/t Echidne)

Where once American women were forced to depend on husbands for economic stability and social and sexual sanctification, they now rely, to some degree, on the American government to protect the rights and benefits that make independent citizenship possible.

But what too often goes unacknowledged is that women aren’t the only Americans who have relied on the government as a partner. Rather, it’s a model of support and dependence that has bolstered the fortunes of American men throughout the nation’s history.

It’s hard to remember that guys did not rise to the top of business and political worlds passively, by dint of their hard-wired inclinations and the gravitational pull of their penises alone. Men too, even the rich, white married ones who vote Republican as reliably as single women vote Democrat—in fact, especially those men—have benefitted terrifically from government policies and practices. Call it “The Wifey State,” and come to grips with the fact that white guys have been taking advantage of it since the founding.

Wal-Mart Advances ObamaCare, BooMan, Booman Tribune, October 9, 2014 Continue reading

Share

Establishing Fox News’ Accuracy

Fox News has an accuracy rate of 18%, according to Politifact branch Punditfact (h/t Jason). This means that of the 83 statements made by the network’s talking heads reviewed by Punditfact, 15 of them were found to be “True.” Another 10% were determined to be “Mostly True,” and 22% were “Half True.” The remainder fell into the “Mostly False,” “False,” and “Pants on Fire” categories.

There are 1,440 minutes in a 24-hour day. A stopped clock is therefore right 0.14% of the time*, if you count whole minutes as single data points.

This means that Fox News is correct more than 100 times more often than a stopped clock.

Jim Champion [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0/)], via Flickr

“You agreed with me a few hours ago when I said it was 7:42. Why are you trying to change your answer now?”

(That bit of spin is free, Ailes, but the next one’ll cost you.)


* I’m trying to find the source of this saying, to the extent it is knowable. The most likely seems to be Marie von Ebner-Eschenbach, but I’ve also seen it credited to Paulo Coelho, Stephen Hunt, and Patrick Jane. Anyone know where it comes from?

Photo credit: Jim Champion [CC BY-SA 2.0], via Flickr.

Share

Before “Post-Racial” America…

…the U.S. government implemented an immigration enforcement initiative that was actually called “Operation Wetback”:

Operation Wetback was an immigration law enforcement initiative created by Director of the Immigration and Naturalization Service Joseph Swing. The program was implemented in May of 1954 by the U.S. Attorney General Herbert Brownell, and utilized special tactics to combat the problem of illegal border crossing and residence in the United States by Mexican nationals. Ultimately, the program came as a result of pressure from the Mexican government to stop illegal entry of Mexican laborers in the United States based largely on the Bracero Program. After implementation, Operation Wetback was met with allegations of abuse and suspension of certain civil rights of Mexicans that were captured and deported by U.S. Border Patrol

I wouldn’t go so far as to say we’ve progressed to a more “enlightened” point in our culture, though. I think the main lesson we, as a society at large, have learned is that programs like that shouldn’t have such overtly derogatory names.

Share

Here’s the Thing About Building a Utopia…

The word literally means “no place,” so maybe it shouldn’t be surprising when a purported utopia—especially one built on an ideology that views selfishness as a virtue—turns out not to be one at all.

Share

What I’m Reading, September 22, 2014

The atheist libertarian lie: Ayn Rand, income inequality and the fantasy of the “free market”, CJ Werleman, Salon, September 14, 2014

Robert Reich says that one of the most deceptive ideas embraced by the Ayn Rand-inspired libertarian movement is that the free market is natural, and exists outside and beyond government. In other words, the “free market” is a constructed supernatural myth.

There is much to cover here, but a jumping-off point is the fact that corporations are a government construct, and that fact alone refutes any case for economic libertarianism. Corporations, which are designed to protect shareholders insofar as mitigating risk beyond the amount of their investment, are created and maintained only via government action. “Statutes, passed by the government, allow for the creation of corporations, and anyone wishing to form one must fill out the necessary government paperwork and utilize the apparatus of the state in numerous ways. Thus, the corporate entity is by definition a government-created obstruction to the free marketplace, so the entire concept should be appalling to libertarians,” says David Niose, an atheist and legal director of the American Humanist Association.

***

Reich says rules that define the playing field of today’s capitalism don’t exist in nature; they are human creations. Governments don’t “intrude” on free markets; governments organize and maintain them. Markets aren’t “free” of rules; the rules define them. “In reality, the ‘free market’ is a bunch of rules about 1) what can be owned and traded (the genome? slaves? nuclear materials? babies? votes?); 2) on what terms (equal access to the Internet? the right to organize unions? corporate monopolies? the length of patent protections?); 3) under what conditions (poisonous drugs? unsafe foods? deceptive Ponzi schemes? uninsured derivatives? dangerous workplaces?); 4) what’s private and what’s public (police? roads? clean air and clean water? healthcare? good schools? parks and playgrounds?); 5) how to pay for what (taxes, user fees, individual pricing?). And so on.”

***

That awkward pause that inevitably follows asking a libertarian how it is that unrestricted corporate power, particularly for Big Oil, helps solve our existential crisis, climate change, is always enjoyable. “Corporations will harm you, or even kill you, if it is profitable to do so and they can get away with it … recall the infamous case of the Ford Pinto, where in the 1970s the automaker did a cost-benefit analysis and decided not to remedy a defective gas tank design because doing so would be more expensive than simply allowing the inevitable deaths and injuries to occur and then paying the anticipated settlements,” warns Niose.

Spanking is a euphemism. For assault. Chocolate, Pomp, and Circumstance, Medium, September 17, 2014 Continue reading

Share