Motley Moose – Archive

Since 2008 – Progress Through Politics

first amendment

A Humble Petition for Public Prayer in Light of Today’s Supreme Court Ruling

I humbly propose that the following invocation be given whenever a public meeting in the City of New York (and anywhere else that seeks to adopt it) is convened:

May Hashem’s wisdom guide us and may His laws guide us.  May we take on more mitzvot [commandments] and may we therefore merit the coming of Moshiach, bim’hera v’yameinu.  Amen.

After all, if this prayer:

Lord, God of all creation, we give you thanks and praise for your presence and action in the world. We look with anticipation to the celebration of Holy Week and Easter. It is in the solemn events of next week that we find the very heart and center of our Chris­ tian faith. We acknowledge the saving sacrifice of Jesus Christ on the cross. We draw strength, vitality, and confidence from his resurrection at Easter. . . . We pray for peace in the world, an end to terrorism, violence, conflict, and war. We pray for stability, de­ mocracy, and good government in those countries in which our armed forces are now serving, especially in Iraq and Afghanistan. . . . Praise and glory be yours, O Lord, now and forever more. Amen.

meets constitutional scrutiny for public governmental meetings, then the prayer I so humbly propose should meet that scrutiny as well.

Of course, I somehow doubt that the five justices that effectively declared today it was okay to effectively establish Christianity as the religion of state simply because the majority of Americans practice it would find a prayer so overtly Jewish acceptable.  Similarly, a prayer overtly Muslim or of any other religion would also not meet their scrutiny.  And those that scream loudest in favor of the prayer offered by clerics at the public meetings of the Town of Greece, New York, would scream for the separation of religion and state the moment a sectarian non-Christian prayer was offered.

Oh, and one more thing.  Justice Thomas reiterated his belief today that the Establishment Clause protects state establishments of religion and merely prohibits the federal government from establishing a national religion.  I would love to see a state establish a non-Christian religion as its state religion and then see if Justice Thomas possesses the courage of his convictions or if those beliefs only apply when a state adopts some form of Christianity as its state religion.

Baking a cake is NOT “protected speech” …

… nor is being required to sell a cake to same-sex couples (or their friends and family) “trampling” a baker’s religious freedom.

During my morning news reading, I came across this story in ThinkProgress reporting on a Colorado judge’s ruling against the baker who refused to bake a cake for a same-sex couple.

Colorado Judge: Bakery That Refused Wedding Cake To Same-Sex Couple Broke The Law

In July of 2012, the Masterpiece Cakeshop in Colorado refused to sell a wedding cake to a same-sex couple who were planning to celebrate with friends and family the marriage they had received in Massachusetts. The couple, Dave Mullins and Charlie Craig, filed a complaint, and the Colorado Attorney General proceeded to do the same, and Friday, Administrative Law Judge (ALJ) Robert Spencer ruled against Jack Phillips, the owner of the bakery.

The complaint had been filed on behalf of the couple by the ACLU who had this to say about the ruling:

“Masterpiece Cakeshop has willfully and repeatedly considered itself above the law when it comes to discriminating against customers, and the state has rightly determined otherwise,” said Sara R. Neel, staff attorney with the ACLU of Colorado. “It’s important for all Coloradans to be treated fairly by every business that is open to the public – that’s good for business and good for the community.”

To my fellow Obamab*ts – Snowden/Greenwald bashing is Missing the Point

OK. I’ve asterisked the title so as not to break any rules. And first up, as anyone who knows me

I am the biggest Obamab*t there is

But we seem to be falling out in recent weeks over the issue of the NSA and Snowden revelations. Thanks to my Murdoch investigations here during the Hackgate Scandal (which is still unfolding as you can see from my Daily Beast timeline) I’ve become a big fan of privacy, and antipathetic to corporate blackmail and surveillance.

So, when the extent of digital surveillance became apparent thanks to the Guardian and the Snowden revelations, my concern wasn’t over the Obama administration (most the programmes were established beforehand) nor indeed the character of the government. But one simple thing has always concerned me: the effect of this kind of surveillance on potential government whistleblowers and investigative journalism

One would have thought the chilling effects on whistleblowing and investigative journalism should concern every reporter.

On the vituperation heaped on Greenwald and the Guardian, I urge you to read David Carr in the New York Times

If the revelations about the N.S.A. surveillance were broken by Time, CNN or The New York Times, executives there would already be building new shelves to hold all the Pulitzer Prizes and Peabodies they expected. Same with the 2010 WikiLeaks video of the Apache helicopter attack.

Instead, the journalists and organizations who did that work find themselves under attack, not just from a government bent on keeping its secrets, but from friendly fire by fellow journalists. What are we thinking?

I couldn’t agree more: as I wrote a few days ago

Since when has the emotional complexion of the source been the main point of the story? The attacks on Greenwald display the same problem. He may be partisan, argumentative and thin-skinned (he blocked me on Twitter a year ago for an innocuous comment) but does that disqualify him from landing a major scoop? Attacking a source or intermediary is just another version of the ad hominem fallacy. Even a stopped clock is right twice a day. Journalism is about disclosure and transparency, not heroics and personality. It’s the story, stupid.

I’m still a fan of Obama. But you can’t rely on the governance of good people. As Evgeny Morosov has shown us over the failure of the Green Revolution in Iran, these same tools of social networking and communication can  be easily misused by rogue intelligence agencies, and for an future government, they are a secret policeman’s wet dream.

For the historic background I’d urge you to read James Bamford’s excellent piece in the New York Review of Books. As he says…

One man who was prescient enough to see what was coming was Senator Frank Church, the first outsider to peer into the dark recesses of the NSA. In 1975, when the NSA posed merely a fraction of the threat to privacy it poses today with UPSTREAM, PRISM, and thousands of other collection and data-mining programs, Church issued a stark warning:

That capability at any time could be turned around on the American people and no American would have any privacy left, such [is] the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology…. I don’t want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.

I’m still an Obamabot. But I also still remember Bush. The issue of massive collusion between state and private corporations over surveillance is, unfortunately, an issue which transcends any particular President.

I hope my fellow Obamabots can take the long view, and not consider this just an attack on this administration. We came together over certain ideas of equality, liberty and justice. Those ends are not served an intelligence system that could quickly be turned to squash civil dissent.  

Felonius Monks: A Criminally Open Thread

Jerry Moran and Georgianne Nienaber are in trouble, because they took pictures that BP wouldn’t like.  What particularly irks me is that they are in trouble with the US Government, the Coast Guard specifically, and are facing felony charges for photographing scenes like a doomed dolphin swimming in oil (Moran) or a pelican wading in crude (Nienaber).

This stinks to high heaven, but you don’t have to tell poor Flipper here that.