Author Archives: Michael Froomkin

Bob Sommersby Doesn’t Pull His Punches: Krauthammer Should Be Fired

Bob Sommersby, the proprietor of the Daily Howler, couldn't be shriller: One question only, for the Washington Post: When will Charles Krauthammer be fired?. Below I'll quote a large chunk of his essay, which demonstrates that Sommersby is shrill for a reason: Krauthammer spliced two divergent quotes with an ellipsis in a manner that makes Howard Dean appear to say almost the exact opposite of what the full transcript suggests he said. (Then, for good measure, Krauthammer suggested Dean was delusional.)

The departure from basic journalistic ethics seems so clear, and the fault so egregious, that I called the Post's ombudsman to discuss it. Unfortunately, I called after 5pm on Friday, and just got voice mail. But I hope to have a chance to discuss it with him next early week. For one thing, I'm curious how much editing columnists are subject to.

My bet is that the Post will say the quotes are not really all that misleading, since Dean's stated desire to reduce media concentration might well effect Fox. I hope I'm wrong, because that would be flim-flam: saying that a candidate wants to break up Fox because he disagrees with it not only suggests the candidate lacks respect for the first amendment but basically paints him as a heavy-handed fascist who would use federal power to harry his ideological opponents. Saying the candidate wants a heightened anti-trust approach to media concentration regardless of ideology reveals a view that may or may not be good policy, but indicates considerably more respect for the importance of free (and diverse) speech, and freedom generally.

[The Krauthammer column was in any case in weirdly poor taste. Krauthammer boasts of his psychiatric training, and then suggests Dean is nuts. It starts with the headline (“The Delusional Dean”), goes on to say that for Dean “it's time to check on thorazine supplies”. Oh yeah: it's just vaguely possible that Krauthammer was joking, as he suggests that another cure for Dean's disease is to donate to the Republican Party. So who knows, maybe making jokes about mental illness is what passes for yuks in the Krauthammer circles.]

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Posted in Readings | 1 Comment

It’s Warm Here! It’s Cool Here!

The weather today was almost perfect. A tiny bit more humid than I'd like, but clear and not too warm. It felt like a perfect late spring day in New England. Only it's December and they are having snow storms up there.

It's exam season, but the students on campus seemed really relaxed. I walked around the lake (yes, we have a little lake) and saw undergraduates lolling about, a group singing along with a guitarist, others strolling hand-in-hand or skating, it was idyllic. Even in the law school courtyard, the people taking study breaks…sometimes quite long study breaks…looked fairly happy (ok, it's early in exam season). It could be that yesterday's free massage service, (complete with special chair, massage therapist and assistant) for stressed students (3-7pm, long wait times due to popularity) organized by the law school student government had some positive effects.

Given the perfect weather, it was no surprise to read that South Beach—a twenty minute drive away, albeit one I hardly ever make unless I have out of town visitors—is “in” again: Journeys: South Beach: From Hot to Cold, Back to Hot Again.

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Who Supports George Bush? Not Disabled Veterans

Part of the mystery of current politics is why other than (1) rich people getting tax cuts, (2) people for whom even small shifts in anti-abortion policies are everything, (3) those for whom larger shifts in subsidies to mainstream religion are worthwhile, and (4) corporate welfare recipients, there's anyone left who supports Bush.

As Matthew Yglesias notes there's something real mysterious about the current apparent political stasis in the face of Bush's abandonment of most traditional Republican policies.

But I'm beginning to doubt the stasis thesis. Could it be that the national polls are wrong and there's a giant subterranean shift going on? Consider the latest Miami Herald poll — high headline numbers for Bush but low 'would vote for' numbers. Plus, when viewed up close, traditionally GOP groups now contain elements quite hostile to Bush. See for example this striking Letter from an Army vet posted at, of all places, Salon.com.

Note to self: do not become hopeful. This leads to pain.

Posted in Politics: US | 5 Comments

Meaningless Personality Quizzes, Part 4

I'm only for meaningless online personality quizzes, and only if they are funny or have a legal slant.

I don't intend to take part in the blog-fest of situating oneself on what seems to me to be an arbitrary and misleading (and falsely two-dimensional) left-right diagonal axis. I think it's pretty much meaningless, because the questions on that quiz are both too limited and too Procrustean (making one's answers too arbitrary). I'm staying out of this because people seem to think it has meaning. And it's not funny.

Here's a suitably meaningless quiz that's both legal and funny, spotted by the Invisible Adjunct: Which Founding Father Are You?

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M$ To Demand Royalties on Pre-Formatted Media

Spotted via Dan Gillmore (“As a colleague said when he sent this link out in an e-mail, he had to double check the date of this posting to make sure it wasn't an April Fool's joke.”): Digital Photography Review reports on Microsoft's FAT charges:

Microsoft will soon be charging manufacturers of flash memory card devices and those which use them $0.25 per unit or up to $250,000 to use the FAT filesystem. For those who are unaware the FAT file system was developed by Microsoft back in 1976 and has become the standard file system for all digital still cameras. Microsoft owns patents to the FAT File System but for many years hasn't even hinted that it may one day decide to charge for it. These new licenses appear to come into effect immediately and specifically make mention of 'compact flash memory cards' and 'portable digital still cameras'.

Patents, unlike copyrights, are only for a limited time. Even so, there's something unsavory about creating a de facto industry standard, never once suggesting you might charge for the use of it, sitting back and watching everyone adopt it, then sending out bills. I don't know any patent law, but there ought to be some sort of equitable limit on this for not just sleeping on your rights, but actively allowing the world to think a standard is in the public domain.

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Orcinus Takes On the Modern Brownshirts

David Neiwert (aka Orcinus), has some very interesting and disturbing things to say about the sad and vicious state of political discourse. Start with his The Political and the Personal, then read his summary of the many reactions. The purpose of this essay isn't to agree or disagree, so much as muse aloud in his wake.

I don't personally have a formed view as to the psychology of either the modern brownshirts or of their fellow travelers. As Sinclair Lewis brilliantly explored in his vastly under-appreciated novel It Can't Happen Here, many of the people who go along with brownshirts do so out of simple opportunism. Which is why the Republican party's actions that seek to entrench their political victories economically by taxing Democratic-voting districts and transferring money to Republican-voting ones is for me as least as worrying and cynical as anything they say. Similarly, the strategy of imposing today's costs on tomorrow's citizens (huge deficits that are not spent on investments likely to repay their costs) presents a serious problem; were there to be a serious economic repercussion — like OPEC going off the dollar, or world markets choosing to hold more Euros and sending back a chunk of the dollar overhang, then we'd see the true cost of this fecklessness.

I am not quite as persuaded as Orcinus that today's political rhetoric is that much worse than what I recall from the early 70s—or even that much more respectable than invective was then. Seems to me that I remember Nixon, Agnew, and a bunch of other politicians and commentators were fairly vicious towards Vietnam War protestors. And some people acted out then too. It was bad then, it's bad now, but what seems worse today isn't the rhetoric so much as what it covers up or distracts from.

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Posted in Politics: US | 2 Comments