by Patrick Appel
Joe Klein isn't very worried by Iran's nuclear program:
by Patrick Appel
Joe Klein isn't very worried by Iran's nuclear program:
by Chris Bodenner
This fascinating short documentary addresses the question, "How can a regime that puts homosexuals to death also allow sex-change operations?"
(For a lengthier look at Iranian transsexuals, in English, check out this BBC special.)
by Chris Bodenner
Ackerman reports:
Iraqi Prime Minister Nouri al-Maliki opened the door for the first time Thursday to the prospect of a U.S. military presence in Iraq after the December 2011 deadline for troop withdrawal set by last year’s bilateral accord — something President Obama appeared to rule out during a joint appearance on Tuesday. Speaking to an audience at the U.S. Institute of Peace in Washington, Maliki said the accord, known as the Status of Forces Agreement, would “end” the American military presence in his country in 2011, but “nevertheless, if Iraqi forces required further training and further support, we shall examine this at that time based on the needs of Iraq."
He later writes:
It's especially noteworthy that Maliki thinks the "desire" for such a continued presence is "found among both parties" — that is, Iraq and the U.S. — when Obama signaled as hard and as explicitly as he could in their joint appearance yesterday that he has no such desire.
FP's Joshua Keating has more on Maliki's talk.
by Robert Wright
Turns out it’s possible for a table tennis match to subvert ordinary notions of space and time without using high-tech special effects. (In fact, it’s possible for ping pongers to subvert standard spatial orientation without even low-tech special effects.)
by Chris Bodenner
Building on a response from Maryland, another reader writes:
I have been a Massachusetts appellate lawyer for more than twenty years, and will attempt to outline relevant state law to you. This is a quick answer, and I will look at some more cases.
The criminal prohibition against "disorderly conduct" can be found in Chapter 272 of the Massachusetts General Laws, under a category that penalizes "crimes against chastitity, morality, decency and good order." It is penalized under Section 53, which provides fines and possible imprisonment for "Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure."
I do not think you need to get far, if at all, into nuances of First Amendment law in order to discern that a "disorderly conduct" is an offense against the public peace, and it is difficult to fathom how it ever properly could be charged for one's behavior in one's own home.
In my decades of practice as a state prosecutor, I have never seen "disorderly conduct" charged for acts which did not originate and occur in a public setting. I cannot conceive of a case in which a prosecutor would pursue a charge of "disorderly conduct" occasioned by tone or speech in one's own home. Nor have I seen tone or content of speech as a basis for charging disorderly conduct even in a public place. At the risk of restating the obvious, "disorderly conduct" aims to penalize what it says: conduct. Disorderly conduct is something more than "disorderly speech." In my opinion, the criminal prohibition would be fatally and unconstitutionally overbroad were it to be deemed to apply to pure speech. What citizen then meaningfully would be on notice to what speech would be viewed as "disorderly" and risk criminal prosecution and penalties?
The Massachusetts Supreme Judicial Court has stressed the public disruption element of "disorderly conduct" as ordinarily charged: the classic formulation of the offense and its enabling statute is found in its decision in Alegata v. Commonwealth, 353 Mass. 287, 303-304 (1967)(emphasis supplied), quoting from Model Penal Code § 250.2 (Proposed Official Draft 1962): "It is our opinion that "disorderly" sets forth an offence. . . designat[ing] behavior such as that singled out in Section 250.2 of the Model Penal Code (Proposed Official Draft): 'A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (a) engages in fighting or threatening, or in violent or tumultuous behavior; or (b) makes unreasonable noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or (c) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. `Public' means affecting or likely to affect persons in a place to which the public or a substantial group has access.'. . . .[T]he statute. . . aims at activities which intentionally tend to disturb the public tranquility," and penalizes one who "with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, . . . creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor."
In a 2008 case, the state's Appeals Court revisited the matter and reiterated "[t]he "public" element of the offense [may be] satisfied if the defendant's action affects or is 'likely to affect persons in a place to which the public or a substantial group has access.'" Id.
Another writes:
I am a criminal defense attorney in Washington (to be distinguished from Washington, DC- the main difference is we make useful things here like planes, software, fruit and coffee). Typically an officer would not cite an individual for disorderly conduct in a case like Gates. Disorderly conduct has a specific definition in the statutes and state courts have interpreted those statutes to give a lot of leeway in favor of freedom of speech. See State v. Montgomery, 31 Wn. App. 745, 644 P.2d 747 (1982).
However, officers get around this by arresting those who commit POP ("Pissing Off Police") with obstruction. Obstruction has a much broader definition and covers anyone accused of "willfully hindering or delaying" an investigation.
My last trial as a public defender involved a client who was pulled over and asked to produce his license. Before doing so he repeatedly asked the officer why he was being stopped. The officer forcefully yanked the man out of his car, threatened to taser him and arrested him in front of his 9 year old boy. It should be noted the officer was white and my client Mexican/Hispanic. While he was getting loaded into the police cruiser the client asked why he was being arrested. "Because you're an asshole," the cop replied.
Despite having a father who was NYPD for 25 years, obtaining a degree in criminology and aspiring to enter law enforcement, my work as a public defender has taught me one thing. Ninety percent of the time an obstruction charge is absolute bullshit.
And a lawyer from Nevada writes:
At common law, an assault in the criminal context was an attempted battery — an attempt to inflict harm on another in the form of an offensive, unconsented-to touching, using unlawful force or violence. In civil law, the tort of assault is committed when one places another in reasonable apprehension of an immediate, unprivileged harmful or offensive touching. Ordinarily, mere words are insufficient to commit an assault.
So there really is no legal line to be drawn between free speech, which is guaranteed by the Constitution, and "verbal assault," which doesn't exist except as a convenient term to be applied to someone who says something we don't like. In theory, you're free to say all manner of unpleasant things to civil servants, such as police officers. In practice, not so much.
by Robert Wright
So should we worry about the recent replacement of
by Conor Friedersdorf
Apropos this post, a reader recounts his experience dating online:
I was not the serial dater that has been so well depicted in various sitcoms, but I enjoyed going out 3 or 4 nights a week meeting new people. I was also not ready to settle down – I'd watch as all of my friends married and started families and their life outside of family abruptly ended. No more spur-of-the-moment offshore fishing trips, football games, poker nights, etc. I did not want to be that guy, but here is the rub….at 32 or 33 I looked around and there was no one. My moment in life as part of the 'Fun Bobby' club was over. The familial tasks had taken over the lives of my friends and our time together was limited to a few rounds of golf every year and the occasional blowout when the significant other was out of town. On leave, if you will.
This point in my life was scary. Online dating did not seem to be the answer, but it did look like an opportunity to connect with something as my other options to meet someone were running dry and I was getting a little long in the tooth to be
clubbing.
I must have gone out on 'dates' with 15 or 20 'matches'. The deceptive practices employed on internet dating sites has no boundaries. It is a compulsive bullshitter's dreamland of unlimited cons. Hell, I participated in the deception - I have a great job, a fantastic family, and decent looks. However, I'm vertically challenged in my own mind, measuring in at 5' 9". Online I was 5'10". I'd always been the runt growing up and for some twisted reason, this one inch has always made a difference in my subconscious. It also made a difference in what the opposite sex was looking for…seemed that they all wanted the 6 footer and 5'10" put me one inch closer to that dude. (Same holds true for all of those skinny, thin, or athletic women online. That is what guys want, so that is how the women classify themselves…regardless of actual weight.)
However, I'd soon let go of any guilt from the one-inch lie.
I met women that lied about their education, looks, family backgrounds, you name it. It's almost as if the online dating model allows for participants to create their own ideal or perfect self. Why anyone thinks they can perpetuate the lie after an actual meeting or two is beyond me. I got nailed on the height issue about midway through my online experience and meekly submitted that I was, in fact, shorter than advertised. After that humiliation, I made the necessary changes.
The classic move in online deception is the headshot. No explanation necessary. A secondary tool in deception is the 'perfect family' story (Yes, I know I stated that my family is great, but they really are). Everyone wants a mate that has a solid background with no crazies. Well, based on what I read in the matches emailed to me daily, everyone else had a perfect family, too. Go on a date with some of these folks and you realize that the reality is the opposite. Most everyone has a craze or two lurking behind the feel-good bios posted online. There were a few exceptions to the rule, but not many.
At the end of my run on online dating, I was wary of the deceptive practices used by many of the members that I interacted with but I learned to let it go. It's part of the game. It's part of who that person wants to be for them or for someone else. Everyone on online dating sites wants something, whether it be a one nighter or a longer term relationship. In a effort to outwit natural selection, people are going to deceive. It is the level of deceit that ultimately has to be judged and I think most people online can reason as to what is acceptable BS and what is not. Who knows, you may find out you actually do like a little more 'junk in the trunk' and just don't know it yet. It just may take a deceptive person to help you find that inner desire.
By the way, my wife and I met on match.com in 2003. I married three and one half years ago and have my first child due to be born in two months. I am a few months shy of 39 and this is my first marriage. She told me in her online bio that she had a 'perfect' family. Biggest lie she's ever told…her mother is absolutely bat-sh*t insane, but I still love them all.
by Chris Bodenner
A commercial for Cellcom, an Israeli cellphone carrier:
The Daily What writes:
The commercial’s tagline, “what, after all, do we all want? To have a little fun,” only serves to make this terrible, horrible, no good, very bad idea even worse. Back to the drawing board with you, Cellcom. And no more associating the word “fun” with the plight of millions.
Haaretz has more, including a retaliatory spoof:
A video recently posted on YouTube has tried to reenact the game in reality, and found that the result could not be further removed from the situation on the ground: when the Palestinians kick the ball to the other side of the fence, what they get in return is a salvo of tear gas grenades.
Video after the jump:
by Conor Friedersdorf
Since he joined The Washington Post lots of people have been attacking Ezra Klein. The latest is Kenneth Anderson, who blogs at The Volokh Conspiracy. He is bothered by the fact that a person so young has been hired as a commentator, especially since he's never worked as a reporter, a usual prerequisite for becoming an opinion writer at a newspaper. Though I often disagree with Ezra, find his faith in progressive policy solutions naive, and even occasionally write blog posts criticizing his work, I regard him as among the best policy bloggers on the Internet, and I am particularly puzzled by the specific critiques laid out by Mr. Anderson. I say that as someone who is older than Ezra, if only by a few years, and who did work as a newspaper reporter before trying my hand at commentary, benefiting from the experience.
Mr. Anderson writes, "Klein's career has consisted entirely, so far as I can tell, of delivering himself of many opinions." That isn't how I see it. The value Ezra adds is due to largely to the deep policy knowledge he accrues, and his ability to explain very complicated proposals and legislation in concise, easily understandable language that is impressively accurate, especially given how quickly he produces that kind of writing. As my friend Peter Suderman wrote in a blog post congratulating Ezra on being hired at The Washington Post, "Ezra Klein not only cares about policy, he cares about making it accessible without dumbing it down." His ability to do so seems like a skill worth having at a newspaper in the nation's capital. And I can't really see how his utility would be much improved had Ezra spent a few years covering City Council meetings, as I did. What about spending a few years reporting on the health care policy beat? Well isn't that actually what Ezra does now?
As it happens, I recently asked Ezra about his wonky approach to blogging, intending to include his answer among the blogger interviews I've been posting elsewhere at The Atlantic. It seems appropriate to offer it here instead. "This 'deep in the weeds' approach isn't the norm among paid pundits, nor is it very prominent in American public discourse," I noted. "Why do you find it to be a model worth pursuing?"
Ezra's answer:
More personally, I didn't begin as a reporter at my school paper (was rejected, actually) or an intern at a magazine. I began as a blogger. In 2003. Sources didn't return the calls of bloggers in 2003. And so I developed a heavy reliance on, and a healthy attachment to, the ugly stepsister of reporting: research. Since I couldn't depend on experts to tell me what they thought, I had to read what they'd written. And that had some drawbacks — there really is no substitute for talking to people — but also some advantages. The difference between reading a think tank paper and interviewing the author is the difference between learning what an expert thinks you should know and learning what you think you want to know. There are advantages to both. But I think traditional outlets have a tendency to overvalue the benefits of interviews and undervalue the benefits of document diving.
The result of this approach, which now actually includes a lot of interviews that he publishes to the blog, is that when a certain kind of policy news breaks, Ezra is sometimes better educated about its substance than The Washington Post reporter assigned to write the story for the print edition, and nearly always more knowledgeable — due to a certain kind of reporting — than the average staff writer at the kind of American newspaper where Mr. Anderson presumably thinks that Ezra should have gotten his start.
Mr. Anderson next proceeds to his most mystifying argument:
Ezra Klein generates more heat than light? Does he generate any heat? The idea that Ezra is some kind of attack dog who generates traffic by baiting ideological adversaries into flame wars is about as complete a misreading of his blog as I can imagine. The left margin of his site is a regularly updated list of white papers he recommends to his readers! Mr. Anderson even implies that the right wing equivalent of Ezra is a talk radio host. Weird.
Lord knows I've criticized some Ezra Klein blog posts, that I am sometimes put off by the breezy arrogance that can creep into his writing, and that he errors in his analysis and rhetorical approach at times, as do we all. When Mr. Anderson wonders whether Ezra would be perform better were he older or a veteran of reporting, however, I can't help but wonder why that is possibly relevant. We'd all be better at our jobs, compared to our current self, given more experience. The important question is how Ezra fares relative to other opinion journalists.
I'd say he offers a valuable comparative advantage; that he is better than plenty of aged pundits who began their careers as reporters; and that whatever his flaws or occasional ill-conceived posts, he is worth reading.
by Robert Wright
George Will calls Fred Kaplan’s book 1959: The Year Everything Changed “an intelligent book with a silly subtitle.” Well that’s better than the other way around! It’s true, though, that these “pivotal year” arguments are hard to operationalize. Is the proposition that, had the year not happened, our world would be radically different? Well, I’m guessing that, had the year not happened, the resulting gap in the space-time continuum might have led to our world not being here at all. Maybe the way to frame the question is as one of narrative economy: Does telling the story of a given year efficiently illuminate the contemporary world? Having not read the book, but knowing Fred’s work, I’m betting the answer to that question is yes. For me, at any rate, 1959 was crucial. I got a nice red tricycle… and the rest is history.