Author Archives: Michael Froomkin

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

Miami’s FTAA Aftermath: Happy Officials, Allegations of “Police State” Tactics

I wasn't there myself, so I can't testify from personal observation, but there are a lot of accounts floating around of vastly excessive police behavior during the recent FTAA meetings. The city's power structure — never known for its enlightenment — is just tickled pink that no one was killed and nothing tangible was damaged. The intangible cost to our freedom is not something most of them seem very concerned about.

You can get a good flavor of what's going on — and what (in the sense of an independent investigation) is unlikely to happen — by reading these columns from the Miami Herald. Thank goodness for the columnists: other than this AP news story, AFL-CIO asks for probe of police conduct, the news coverage has been largely supine . Hurry, these may only be online for a few days:

Best quote is from DeFede,

Several people, including police officials, kept referring to the protesters as ''out of towners.'' They said the police correctly decided to ''prioritize'' the rights of local business owners over the rights of out-of-town protesters.

I was surprised to hear it articulated so plainly from police officers. I said I didn't realize they could choose who was deserving of rights and who wasn't. Shouldn't the Constitution apply to everyone? Isn't there some middle ground between the lawlessness that overran Seattle in 1999 and the police state that engulfed Miami last month?

Last month the police decided ''out of towners'' could have their rights violated.

Who's next? Poor folks in Wynwood? Overtown? Liberty City?

Exactly.

Posted in Miami | Comments Off on Miami’s FTAA Aftermath: Happy Officials, Allegations of “Police State” Tactics

What Should I Ask Tom Ridge About Homeland Security?

The “Council for Excellence in Government” which appears from its website to be an extremely anti-consumer business group, but which doesn't publish its membership list online, may have found a set of regulations that it likes: Homeland Security. One hopes this has nothing to do with the large budget and new contracting opportunities this provides for the corporate partners many of whom are in the information processing and collecting business.

The Council is doing a roadshow about Homeland Security, featuring Secretary Tom Ridge, and its second stop is in Miami next week. It's open to the public, as long as you sign up in advance, and show up 30 minutes early “for security purposes”. And I get to submit a question — but only in advance.

We are leading this initiative in coordination with the U.S. Department of Homeland Security and other strategic partners to examine Americans’ attitudes about homeland security, identify critical areas of concern, and recommend practical steps for shaping effective policies and procedures in the future.

The purpose of the Miami town hall meeting is to listen to you and your neighbors, to hear your specific homeland security concerns and discuss how together we can work to strengthen our nation’s coordinated response in the event of future terrorist threats or other national emergencies. The event is sponsored by IBM.

U.S. Secretary of Homeland Security Tom Ridge will kick-off the event, and television journalist/former CNN anchor Frank Sesno will moderate an engaging and interactive discussion with experts from the Miami area. We encourage you to attend this town hall meeting to share your perspective on how citizens, government, businesses, and the community-at-large can join forces to make our nation safe and secure.

I think I'll go. The pre-registration form has a place for submitting a question — I'd appreciate suggestions from readers of this blog. (I've also written in to learn more about the working group on privacy and security. It will be interesting to see how they respond.)

Update: so much for good intentions. Turned out I had a schedule conflict with something I had to do in the law school so I couldn't make it in time. And the web site said that they wouldn't seat latecomers for “security” reasons, so I didn't even try to turn up late.

Posted in Civil Liberties | 2 Comments

Our Government’s Ceaseless Effort to Deny a Citizen Due Process Now Requires He Be Given A Lawyer

U.S. Allows Lawyer For Citizen Held as 'Enemy Combatant' (washingtonpost.com)
Don't celebrate. Our government's ceaseless campaign to uphold its power to incarcerate citizens without access to counsel or other basic rights required that Yaser Esam Hamdi be promised access to counsel — in order to keep the Supreme Court from finding he or others similarly situated in the future have a right to a lawyer:

In a brief statement, Defense Department officials said Hamdi would be allowed to see a lawyer “as a matter of discretion and military policy.” But the statement emphasized that the government did not feel obligated to make a lawyer available and that the decision “should not be treated as a precedent.”

See, it's all about making the next guy rot for months and years until his case gets to the Supreme Court. And maybe next time there won't be an amicus from a hundred big-name legal experts. And meanwhile, there's that really nifty Fourth Circuit decision saying the government can run a cooler camp for the unpersons formerly known as suspects.

Or, if you want the most pro-administration spin compatible with the facts, it's about grabbing carefully selected (of course!) folks off the street, putting them in solitary without charges, indefinitely, and squeezing them until they are dry. Then, if the government feels like it, the victim- -suspect former unperson “might be granted access to a lawyer once his value as an intelligence source ended, although [Deputy Solicitor General Paul D. Clement] said the decision should be up to the executive branch and not the courts.”

In other words, Rights? Fuggeddaboutit.

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Posted in Civil Liberties | 2 Comments

Eszter Hargittai Asks About the Consequences of Courseware

The marvelous Eszter Hargittai askes an important question: what are the un(?)intended consequences of online courseware?

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Posted in Software | Comments Off on Eszter Hargittai Asks About the Consequences of Courseware

New Feature: Links to Recent Comments

I've added links to the five most recent comments in the right margin. This was prompted by an interesting comment on a post that's a month old. Without something like this no one would ever see it.

Of course, even with something like this, almost no one will ever see it…

Requests, suggestions, brickbats, on this or any other layout issues….in the comments please.

Posted in Discourse.net | Comments Off on New Feature: Links to Recent Comments