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U.C. Berkeley Chancellor Nicholas Dirks Gets Free Speech Very Wrong

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This is U.C. Berkeley's Chancellor, Nicholas Dirks.

Oh hai let us talk "free speech" lol.

Oh hai let us talk "free speech" lol.

Yesterday Chancellor Dirks sent an email about free speech to Berkeley students, faculty, and staff. In today's competitive publishing environment it is astonishingly difficult to distinguish yourself as an academic by being wrong about free speech, but Chancellor Dirks is equal to the challenge. His email is so very bad on every level — legally, logically, rhetorically, and philosophically — that it deserves scrutiny.

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52

Did Sundance Vacations Forge A Court Order To Suppress Online Criticism?

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Sundance Vacations would like to bill itself as a purveyor of wholesale and discount vacations. But on the internet, it is widely described as a sleazy hard-sell telemarketer selling sales presentations.

Companies are increasingly aggressive — perhaps belligerent is the better word — in defending their online reputation. There's evidence that Sundance Vacations has taken this trend to a new extreme through forging court documents in an effort to suppress criticism.

Matt Haughey has the story. When Sundance demanded that critical posts be taken down from Metafilter, and provided an apparent court order from Mississippi, Matt did something very rare and special — he exercised critical thinking. Matt noted discrepancies in the purported court order, crowdsourced a request to determine whether the case actually existed, and eventually did the legwork himself by calling the clerk's office. The result:

Today (Tuesday) I called a clerk in the Hinds County Chancery Court office. They asked me to fax them a copy of the court order so they could verify the document. I did as requested and a few hours later got a call back from the office saying it was not a real document from their court. The case numbers on the first page are from an unrelated case that took place last year. The clerk said they found a case from August 21, 2014 that used similar language but had different plaintiffs and defendants, but the same lawyers on page 3. In their opinion, it seemed someone grabbed a PDF from a different case and copy/pasted new details to it before sending it on to me.

Naughty, naughty, naughty. And so very reckless.

I've written to Sundance Vacations, a rep there who wrote to Matt before, the account that sent the court order this time, and Sundance's attorney of record on the order, asking them all for comment. I'm moving on to seek comment from the opposing lawyers in that apparently cut-and-pasted case. I'll report more if I learn it. Matt explains that the fake order came from a gmail account; Sundance may attempt to distance itself and deny responsibility for that account.

For now, Sundance Vacations is about to learn about the Streisand Effect. BoingBoing has picked up the story, and more will follow. And could there be consequences for using forged court documents in interstate commerce to suppress commercial criticism? Gosh, what an interesting question . . . .

Updated: On its Facebook page, Sundance Vacations confirms the prior email to Matt but denies it sent the recent one with the apparently forged documents, as predicted above.

NuhUH

24

Ares Rights, Bless Its Heart, Continues Bumbling Attempts At Censorship

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Last summer I wrote about Ares Rights, a nominal "anti-piracy" firm that acts as a small-time legbreaker for various South American governments. When we encountered Ares they were trying to scrub discussions of Ecuador's spying practices through bogus DMCA notices. More recently Ares Rights abused the DMCA to suppress reporting on Ecuadoran corruption.

Now — because the internet is all about shoving everything up its own ass, as Jeff Winger would say — Ares Rights is sending out frivolous DMCA demands trying to silence discussion of its use of frivolous DMCA demands. Ares Rights responded to the Electronic Frontier Foundation's blog post about their abuse with, as Adam Steinbaugh reports, sending a DMCA notice demanding removal of the blog post. If that's not meta enough for you, now Ares Rights has issued a DMCA notice seeking to take down Adam Steinbaugh's blog post discussing their DMCA notice targeting the EFF's blog post discussing their prior DMCA notices.

It's not clear what Ares Rights hopes to accomplish. Their DMCAs will fail. This won't slow coverage. Trying to brush off the EFF or Steinbaugh with a DMCA notice is like trying to get a dog to stop humping your leg by petting it and feeding it bacon. Maybe they bill by the hour, even for patently ridiculous tasks? Maybe they are trying to convince their Ecuadorian masters that they are doing something, anything? Maybe they are just really very bad at their jobs? Stay tuned to find out.

Meanwhile, maybe you could go to their Facebook page and tell them what you think.

Edited to add: Ares Rights is deleting comments on their Facebook page, but they can't delete reviews here.

Adam Steinbaugh has responded to the DMCA notice.

59

Patrick McLaw, Skepticism, And Law Enfocement's Obliging Stenographers

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Imagine a local news channel in a small city. The channel starts running stories fed to it by criminals, thugs, and n'er-do-wells. The stories are uncritical and unquestioning. "Local methamphetamine dealers report that their product is more reasonably priced and safer than ever," goes one report. "Consent: is it an unfairly ambiguous concept?" goes another. "A career burglar explains why alarms are a bad investment," goes the third.

Seems ridiculous, like something out of The Onion, doesn't it? Yet we endure the equivalent all the time — news stories that are indistinguishable from press releases written by law enforcement or government.

Take the story of Patrick McLaw or Maryland. Several writers are posing troubling questions about whether McLaw was suspended from his teaching job, subjected to some sort of involuntary mental health examination, and his home searched based on the fact that he wrote science fiction novels set in 2902 under a pen name. Jeffrey Goldberg explains:

A 23-year-old teacher at a Cambridge, Maryland, middle school has been placed on leave and—in the words of a local news report—"taken in for an emergency medical evaluation" for publishing, under a pseudonym, a novel about a school shooting. The novelist, Patrick McLaw, an eighth-grade language-arts teacher at the Mace's Lane Middle School, was placed on leave by the Dorchester County Board of Education, and is being investigated by the Dorchester County Sheriff's Office, according to news reports from Maryland's Eastern Shore. The novel, by the way, is set 900 years in the future.

Though I am generally receptive to believing the worst about law enforcement and local government, I was skeptical when numerous people emailed asking me to write about this. I suspected that more than two books were at issue. Subsequent reporting suggests that McLaw may have sent a letter that was the trigger of a "mental health investigation":

Concerns about McLaw were raised after he sent a four-page letter to officials in Dorchester County. Those concerns brought together authorities from multiple jurisdictions, including health authorities.

McLaw's attorney, David Moore, tells The Times that his client was taken in for a mental health evaluation. "He is receiving treatment," Moore said.

Because of HIPPA regulations mandating privacy around healthcare issues, he was unable to say whether McLaw has been released.

McLaw's letter was of primary concern to healthcare officials, Maciarello says. It, combined with complaints of alleged harassment and an alleged possible crime from various jurisdictions led to his suspension. Maciarello cautions that these allegations are still being investigated; authorities, he says, "proceeded with great restraint."

What's more, he told The Times, "everyone knew about the book in 2012."

We need more facts before we draw firm conclusions, but for the moment, I think there is reason to believe that the story may be more complicated than the provocative "authorities overreact to citizen's fiction writing" take.

But it is not at all surprising that people would leap to that conclusion. Two factors encourage it.

The first factor is law enforcement and government overreach. When schools call the police when a student writes a story about shooting a dinosaur, and when law enforcement uses the mechanism of the criminal justice system to attack satirical cartoons or Twitter parodies, it is perfectly plausible that a school district and local cops would overreact to science fiction.

The second factor is very bad journalism. The Patrick McLaw story blowing up over the long weekend can be traced to terrible reporting by WBOC journalist Tyler Butler in a post that was linked and copied across the internet. Butler reported McLaw's pen name as a sinister alias, reported as shocking the fact that McLaw wrote science fiction about a futuristic school shooting, and quoted law enforcement and school officials uncritically and without challenge. Faced with the bare bones of the story, any competent reporter would have asked questions: is this only about the two books he wrote? Was there a basis, other than fiction, to think he posed a threat? Are there any other factors that resulted in this suspension and "mental health examination?" Was the examination voluntary or involuntary? Is it reasonable to suspend and "examine" someone and search their home over science fiction?

Even if authorities refused to answer those questions, a competent reporter would discuss them. "Authorities declined to say whether any factors other than the two books led to the investigation," Tyler Butler might have written. Asking the questions and reporting on them might have restrained our temptation to believe the worst. Instead he gave us this:

Those books are what caught the attention of police and school board officials in Dorchester County. "The Insurrectionist" is about two school shootings set in the future, the largest in the country's history.

Journalists ought to ask tough questions of government and law enforcement, to present us with the facts we need to evaluate their actions. But too often they don't. Too often journalists run with law enforcement "leaks" without considering how the leaks impact the rights of the suspects, or asking why the government is leaking in the first place. Too often journalists allow themselves to be manipulated by law enforcement, not recognizing the manipulation as the important part of the story. To often journalists accept the headline-grabbing take rather than the less scandalous but more correct take. Too often journalists buy access with the coin of deference. Too often journalists report the law enforcement spin as fact.

That's why when a local news channel reports matter-of-factly that a man was detained and "examined" over science fiction, it doesn't occur to us to question the story. Just as it's entirely plausible that the government might do it, it's entirely plausible that journalists might report it without criticism, analysis, or apparent consciousness of how outrageous it would be.

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SCIENCE IN THE HANDS OF ANGRY LIBERAL ARTS MAJORS:  That DOJ attorneys are threatening scientists with criminal prosecution for the "return" of Kennewick Man, to Indian tribes whose ancestors were in Siberia when he died, is disgraceful. If only the Tsar knew what evil his ministers are doing.

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AND HOLLYWOOD WONDERS WHY DOMESTIC BOX OFFICE IS DECLINING: An "Abortion Rom-Com"

"The movie isn’t saying that abortions are funny. It’s saying that people are funny.”

And people who procure and provide abortions are doubly funny. I look forward to the tv spinoff, Welcome Back, Gosnell!

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YOU NEVER LEAVE A MAN BEHIND! Unfortunately, we all too often leave man's best friend behind:

Even if it did come at some additional cost, so what? Going by simple cost-benefit analysis, the military wouldn't go to such great lengths to retrieve the bodies of fallen soldiers or protect the American flag, and yet it does. Why? Because everyone understands that such obligations are morally required and vital to morale.

"There are those who consider our military working dogs to be pieces of gear," Ferrell says in Glory Hounds. "I, for one, do not believe that at all. To try to remove your heart from the situation is really asking too much of a handler."

If you believe it's wrong for the army to abandon its dogs in the wilds of Iraq and (coming soon) Afghanistan, why not call your congressional representatives to let them know you support Walter Jones' bill prohibiting such practices, and may vote accordingly come November?

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"IT'S NOT MY FAULT IF WOMEN ARE LIKE THAT. I'm only drawing them. Women's bodies have taken this form over the millenia."

Spider Woman

Kid, if you have "forty years of experience" but you think that comic book covers depict women realistically, it's time to drop the pencil and maybe … go out and meet a few? Of course, comic books are hardly the worst media offenders with regard to horrifying displays of the female body. That honor goes to glossy "women's magazines" and the fashion industry to which they cater.

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THERE ARE CERTAIN SECTIONS OF HELSINKI, MAJOR, THAT I WOULDN'T ADVISE YOU TO INVADE: Finwonish Air Force moves to high alert after repeated airspace violations from Russia.

The giant brains in our administration seem not to have a clue on how to handle Putin. They could learn a lot from the Finns, who are masters of asymmetric warfare. An engineer of my acquaintance, who served as a frogman in the Finnish Navy, once told me that in the event of war the Finns would block access to the Baltic by destroying cargo ships at the mouths of Russian harbors. I believe him.

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MY BRAIN HURTS!

Luddite celebrity pseudoscientist Susan Greenfield, on her inability to publish peer-reviewed research by which one could test her claims that technology damages the human brain: "The whole point is that it is not a hypothesis, it’s an umbrella subject, like climate change, that encompasses many facets. What specific kind of study I should have done?"

As Richard Dawkins has pointed out, a world view or, ahem, "umbrella subject," which can't be verified through testable means, is not science. It's religion. But dress it up in technical-sounding gobbledygook, and the "reality-based community" will bow down and worship it all the same.

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HIGHER EDUCATION: The blacklisting of Steven Salaita by the University of Illinois. Key point:

But Salaita’s commentary was too extreme, you say? You know the line when you see it, and Salaita crossed it? That’s exactly what censors think they know, and it is just what they’ve thought when going after Tengatenga and a long list of right-of-center professors and, not so long ago, a long list of left-of-center professors.

If you have to qualify "I support free speech" with a "but," if you support free speech only so long as it's inoffensive, you're a censor. Read the whole thing.

 

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AT AMAZON, one forty-five caliber automatic; two boxes of ammunition; four days' concentrated emergency rations; one drug issue containing antibiotics, morphine, vitamin pills, pep pills, sleeping pills, tranquilizer pills; one miniature combination Russian phrase book and Bible; one hundred dollars in rubles; one hundred dollars in gold; nine packs of chewing gum; one issue of prophylactics; three lipsticks; three pair of nylon stockings.

Shoot, a fellow could have a pretty good weekend in Vegas with all that stuff.

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ALONG WITH THE ERADICATION OF MALARIAL MOSQUITOES, the introduction of air conditioning was one of the unsung triumphs that took America from backwater to powerhouse in the 20th century.