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James Goodman

The Near Enemies | UUCA - Unitarian Universalist Congregation of Atlanta - 0 views

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    "In the Buddhist tradition, there are four "divine states," four ways of being, described by the Buddha. The states are Loving-kindness, Compassion, Sympathetic joy - truly appreciating the joy of another - and equanimity, being at peace. The "divine states" are spiritual states - that is, they are "feeling" states, ways of being that involve the whole person in relation to the whole of reality - persons, creatures, and the earth. As in the meta sutra prayer, "let one cultivate an infinite good will toward the whole world." We begin to approach true maturity as we move toward these states, perhaps by engaging in some spiritual discipline or by having our natural inclinations nurtured by parents, teachers, mentors, or our religious community. If we aspire to what might be thought of as a ?spiritual? life, and if we want to be emotionally mature and healthy, we would want to be truly loving. We would want to be compassionate. We would want to be so content in our own living that we are able to truly share the joy of others. And we would want to be at peace, to experience acceptance in relation to life as it is. In the Buddhist teaching - and in many ways in the teaching of the Hebrew prophets, of Jesus of Nazareth and even of contemporary psychology - each of these spiritual, ideal states has a "Near Enemy." A "near enemy" to these spiritual, emotionally mature, and healthy states is a way of being that masquerades as that spiritual quality. It is an imitation of the spiritual state, but it is a way of being that actually separates us from our selves and others, rather than uniting us."
James Goodman

Why French Kids Don't Have ADHD | Psychology Today - 0 views

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    "In the United States, at least 9% of school-aged children have been diagnosed with ADHD, and are taking pharmaceutical medications. In France, the percentage of kids diagnosed and medicated for ADHD is less than .5%. How come the epidemic of ADHD-which has become firmly established in the United States-has almost completely passed over children in France? Is ADHD a biological-neurological disorder? Surprisingly, the answer to this question depends on whether you live in France or in the United States. In the United States, child psychiatrists consider ADHD to be a biological disorder with biological causes. The preferred treatment is also biological--psycho stimulant medications such as Ritalin and Adderall."
James Goodman

William Rivers Pitt | The United States of Aftermath - 0 views

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    A year after the attacks of September 11, Osama bin Laden had gone from being enemy #1 to being Mr. Who Cares About Him, and six months after that, "Shock and Awe" was unleashed. Maddow and her friends in the "news" media will, in the coming weeks, give us their various interpretations on how it came to happen, but none of them will bother to delve into the question of why it happened. The answer to that is too simple, and cuts too close to the bone: the war in Iraq cost more than three trillion dollars ($3,000,000,000,000.00) to execute. Every bullet fired, every bomb dropped, every MRE eaten, every helicopter shot down, every missile fired, every truck destroyed by an IED, every oil well guarded, every uniform worn, and every body bag filled translated into a slice of that money going to a company connected to the PNAC members of the Bush administration, who lied us into that war as an expression of their personal principles and in fulfillment of their dreams. Halliburton, KBR, United Defense, the Carlyle Group, independent military contractors like Blackwater and a crowd of American oil companies are still counting the riches they earned from their participation in the carnage.
James Goodman

Harold Meyerson: The party that truly believes in redistribution - The Washington Post - 0 views

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    Indeed, the United States has experienced an upward redistribution so profound that it affects far more than incomes. Whole sectors of the economy and regions of the country have been decimated by these economic changes. The descent in all manner of social indexes is most apparent among poorly educated whites. Conservative commentator Charles Murray has documented in his new book the decline in marriage rates and family stability within the white working class. And now, as the New York Times' Sabrina Tavernise has reported, that decline includes longevity as well. While other Americans' life expectancy has advanced, the life expectancy of whites without high school diplomas has declined since 1990 - by three years among men and five years among women. The market is not just redistributing income in the United States, then. It is redistributing life.
James Goodman

U.S. Capitalism and Economic Injustice: Can We Do Better? - Politics - Utne Reader - 0 views

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    For the last half-century, capitalism has been a taboo subject in the United States. Among politicians, journalists, and academics-and in public conversation generally-the word has been avoided or else exclusively praised in over-the-top prose. Professional economists have used words like "perfect competition" and "optimal allocation of resources" and "efficiency" to teach their students and assure one another how absolutely wonderful capitalism was for everyone. Politicians repeated, robot-style, that the "U.S. is the greatest country in the world" and that "capitalism is the greatest economic system in the world." Those few who have dared to raise questions or criticisms about capitalism have been either ignored or told to go live in North Korea, China or Cuba as if that were the only alternative to pro-capitalism cheerleading.
James Goodman

Tendency Toward Egalitarianism May Have Helped Humans Survive - NYTimes.com - 0 views

  • mong America’s top executives today, according to a study commissioned by The New York Times, the average annual salary is about $10 million and rising some 12 percent a year. At the same time, the rest of the tribe of the United States of America struggles with miserably high unemployment, stagnant wages and the worst economic crisis since the Great Depression. Now, maybe the wealth gap is a temporary problem, and shiny new quarters will soon rain down on us all. But if you’re feeling tetchy and surly about the lavished haves when you have not a job, if you’re tempted to go out and insult a piece of corporate meat, researchers who study the nature and evolution of human social organization say they are hardly surprised.
  • Among America’s top executives today, according to a study commissioned by The New York Times, the average annual salary is about $10 million and rising some 12 percent a year. At the same time, the rest of the tribe of the United States of America struggles with miserably high unemployment, stagnant wages and the worst economic crisis since the Great Depression. Now, maybe the wealth gap is a temporary problem, and shiny new quarters will soon rain down on us all. But if you’re feeling tetchy and surly about the lavished haves when you have not a job, if you’re tempted to go out and insult a piece of corporate meat, researchers who study the nature and evolution of human social organization say they are hardly surprised.
  • A sense of fairness is both cerebral and visceral, cortical and limbic.
James Goodman

Occupy Wall Street's 'Political Disobedience' - NYTimes.com - 0 views

  • Our language has not yet caught up with the political phenomenon that is emerging in Zuccotti Park and spreading across the nation, though it is clear that a political paradigm shift is taking place before our very eyes. It’s time to begin to name and in naming, to better understand this moment. So let me propose some words: “political disobedience.”Occupy Wall Street is best understood, I would suggest, as a new form of what could be called “political disobedience,” as opposed to civil disobedience, that fundamentally rejects the political and ideological landscape that we inherited from the Cold War.
  • Civil disobedience accepted the legitimacy of political institutions, but resisted the moral authority of resulting laws. Political disobedience, by contrast, resists the very way in which we are governed: it resists the structure of partisan politics, the demand for policy reforms, the call for party identification, and the very ideologies that dominated the post-War period.
  • Occupy Wall Street, which identifies itself as a “leaderless resistance movement with people of many … political persuasions,” is politically disobedient precisely in refusing to articulate policy demands or to embrace old ideologies. Those who incessantly want to impose demands on the movement may show good will and generosity, but fail to understand that the resistance movement is precisely about disobeying that kind of political maneuver. Similarly, those who want to push an ideology onto these new forms of political disobedience, like Slavoj Zizek or Raymond Lotta, are missing the point of the resistance.
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  • One way to understand the emerging disobedience is to see it as a refusal to engage these sorts of  worn-out ideologies rooted in the Cold War. The key point here is that the Cold War’s ideological divide — with the Chicago Boys at one end and the Maoists at the other — merely served as a weapon in this country for the financial and political elite: the ploy, in the United States, was to demonize the chimera of a controlled economy (that of the former Soviet Union or China, for example) in order to prop up the illusion of a free market and to legitimize the fantasy of less regulation — of what was euphemistically called “deregulation.” By reinvigorating the myth of free markets, the financial and political architects of our economy over the past three plus decades — both Republicans and Democrats — were able to disguise massive redistribution toward the richest by claiming they were simply “deregulating” when all along they were actually reregulating to the benefit of their largest campaign donors.
  • This ideological fog blinded the American people to the pervasive regulatory mechanisms that are necessary to organize a colossal late-modern economy and that necessarily distribute wealth throughout society — and in this country, that quietly redistributed massive amounts of wealth to the richest 1 percent. Many of the voices at Occupy Wall Street accuse political ideology on both sides, on the side of free markets but also on the side of big government, for serving the few at the expense of the other 99 percent — for paving the way to an entrenched permissive regulatory system that “privatizes gains and socializes losses.”
  • The central point, of course, is that it takes both a big government and the illusion of free markets to achieve such massive redistribution. If you take a look at the tattered posters at Zuccotti Park, you’ll see that many are intensely anti-government and just as many stridently oppose big government.Occupy Wall Street is surely right in holding the old ideologies to account. The truth is, as I’ve argued in a book, “The Illusion of Free Markets,” and recently in Harper’s magazine, there never have been and never will be free markets. All markets are man-made, constructed, regulated and administered by often-complex mechanisms that necessarily distribute wealth — that inevitably distribute wealth — in large and small ways. Tax incentives for domestic oil production and lower capital gains rates are obvious illustrations. But there are all kinds of more minute rules and regulations surrounding our wheat pits, stock markets and economic exchanges that have significant wealth effects: limits on retail buyers flipping shares after an I.P.O., rulings allowing exchanges to cut communication to non-member dealers, fixed prices in extended after-hour trading, even the advent of options markets. The mere existence of a privately chartered organization like the Chicago Board of Trade, which required the state of Illinois to criminalize and forcibly shut down competing bucket shops, has huge redistributional wealth effects on farmers and consumers — and, of course, bankers, brokers and dealers.
  • The semantic games — the talk of deregulation rather than reregulation — would have been entertaining had it not been for their devastating effects. As the sociologist Douglas Massey minutely documents in “Categorically Unequal,” after decades of improvement, the income gap between the richest and poorest in this country has dramatically widened since the 1970s, resulting in what social scientists now refer to as U-curve of increasing inequality. Recent reports from the Census Bureau confirm this, with new evidence last month that “the number of Americans living below the official poverty line, 46.2 million people, was the highest number in the 52 years the bureau has been publishing figures on it.” Today, 27 percent of African-Americans and 26 percent of Hispanics in this country — more than 1 in 4 — live in poverty; and 1 in 9 African-American men between the ages of 20 and 34 are incarcerated.
  • On this account, the fundamental choice is no longer the ideological one we were indoctrinated to believe — between free markets and controlled economies — but rather a continuous choice between kinds of regulation and how they distribute wealth in society. There is, in the end, no “realistic alternative,” nor any “utopian project” that can avoid the pervasive regulatory mechanisms that are necessary to organize a complex late-modern economy — and that’s the point. The vast and distributive regulatory framework will neither disappear with deregulation, nor with the withering of a socialist state. What is required is constant vigilance of all the micro and macro rules that permeate our markets, our contracts, our tax codes, our banking regulations, our property laws — in sum, all the ordinary, often mundane, but frequently invisible forms of laws and regulations that are required to organize and maintain a colossal economy in the 21st-century and that constantly distribute wealth and resources.
  • In the end, if the concept of “political disobedience” accurately captures this new political paradigm, then the resistance movement needs to occupy Zuccotti Park because levels of social inequality and the number of children in poverty are intolerable. Or, to put it another way, the movement needs to resist partisan politics and worn-out ideologies because the outcomes have become simply unacceptable. The Volcker rule, debt relief for working Americans, a tax on the wealthy — those might help, but they represent no more than a few drops in the bucket of regulations that distribute and redistribute wealth and resources in this country every minute of every day. Ultimately, what matters to the politically disobedient is the kind of society we live in, not a handful of policy demands.
James Goodman

The autocratic response to OWS - Occupy Wall Street - Salon.com - 0 views

  • Back on the East Coast, it was much the same, as His Majesty King Michael Bloomberg issued a decree stating that as a benevolent despot, he would “allow” his Manhattan subjects to occupy Wall Street (as if the mayor has the power to grant — or withhold — democratic rights). But then King Mike quickly sent his police force in for mass arrests, standing down only after a wave of outrage from the larger serfdom watching on television.
  • Alas, it’s a predictable situation. Horrifying economic inequality has prompted the bottom 99 percent of income earners to finally exercise their constitutional rights to protest. In response, the nobles in the top 1 percent are demanding their political puppets make clear that such dissent will not be tolerated — and they expect their demands to be followed. This country’s landed gentry, after all, spent a lot on campaign contributions to make sure their hand-picked autocrats were installed in governors’ and mayors’ offices, and now they’re having those autocrats engineer a whole new kind of bailout.
  • As opposed to merely cutting a check to the bankers, this bailout is all about resource allocation. It has the kings preventing law enforcement from being deployed on financial criminals who destroyed the American economy. Instead, those finite law enforcement resources are being funneled into arresting more than 1,000 protesters and abrogating the vassals’ First Amendment rights to “peaceably assemble and petition the Government for a redress of grievances.”
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  • With such extra-judicial authoritarianism now being used against dissidents all over America, Denver and New York’s responses are indeed serving as a “model,” as King John himself predicted. And because of that, the United States is now emulating the very autocracy we originally waged our founding revolution against.
  • Ultimately, that’s why this historical moment is so important. Whatever you call the spontaneous uprisings against oligarchy — Occupy Wall Street, Occupy Denver or simply “We the People” — they prove that the only savior in these neo-feudal times is continued protest. Without it, the future of the economy and our freedoms are clearly at risk from King John, King Mike and every other self-styled monarch now waging war on the fundamental principles of American liberty.
James Goodman

Shareable: Hacking Home: Coliving Reinvents the Commune for a Networked Age - 0 views

  • In today’s America, almost 50 percent of adults in the United States are single, and more than a quarter of “households” are just an individual living alone. An increasing amount of social interaction happens online, rather than face-to-face. Living alone may allow us to focus on our own goals without distraction, but it robs us of the type of communication that only happens when people are relaxed and at home together. The spaces between work and life — which, in decades past, would have been filled with conversations over the dinner table — are collapsing. Coliving hacks this trend, infusing the blurring boundaries of work and leisure with new opportunities for inspiration, learning, and social innovation. Here, “home” is reinvented with a new purpose. It’s a community, an ethos, a series of opportunities for collaboration. And while most young professionals are flocking to urban centers like San Francisco to live in modest apartments, some are building a new American dream in once empty suburban McMansions and luxury downtown digs. In this new scheme, your network isn’t just your Facebook friends or business contacts; It includes your friends, influencers, ad hoc family, and your shared home.
  • The coliving movement may freely use terms like “commune” and “cooperative”, but this ain’t your grandma’s commune. Contemporary coliving builds on communal living practices, embracing a networked tech, business and science-fueled culture built upon innovation and realizing a better world through collaborative design.
  • Coliving has clear similarities to traditional communes and co-ops. Langton Labs, in particular, bears a strong resemblance to 20th-century cooperative living. It has a flat organizational structure, and most decisions are made on a group email list. “In building a community, we didn't pick an existing model and emulate it,” says Todd Huffman. “We designed everything from the ground up, and in doing so, have ended up evolving in parallel and developing mechanisms that are very similar to cooperatives or communes.” Unlike many prior communal living experiments, coliving spaces are externally oriented. They’re generally located in urban areas, often open to the public on a regular basis, and easy to move in and out of. The ideas brewing behind these doors are quickly realized and implemented in the world outside. Much of this is related to the 21st-century vision of sharing, which allows for a high level of individualism and experimentation. Previous community models were focused on equality, with participants renouncing privileges to adopt a group-oriented mentality. In today’s open-source world, collaboration relies on contributions from a diverse pool of individuals, and welcomes exceptionality.
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  • This phenomenon occurs across human culture: As our social organization has morphed from tight-knit groups to loose, technology-driven networks, we are supporting each other more and competing less. Sociologist Barry Wellman calls this networked individualism: our newfound ability to work together without losing sight of our internal goals. Accordingly, the coliving movement seeks out exceptional people, asking them not to give themselves up to a single cause, but to support each other’s exceptionality. This may be the key to a new definition of “home,” one which provides comfort and friends along with inspiration and innovation. As our social and professional landscapes shift, our concept of home is shifting too. By rebuilding their homes on a foundation of creative collaboration, coliving participants may next redefine the world by the same terms.
James Goodman

Math Lessons for Locavores - NYTimes.com - 0 views

  • But the local food movement now threatens to devolve into another one of those self-indulgent — and self-defeating — do-gooder dogmas. Arbitrary rules, without any real scientific basis, are repeated as gospel by “locavores,” celebrity chefs and mainstream environmental organizations. Words like “sustainability” and “food-miles” are thrown around without any clear understanding of the larger picture of energy and land use.
  • The statistics brandished by local-food advocates to support such doctrinaire assertions are always selective, usually misleading and often bogus. This is particularly the case with respect to the energy costs of transporting food. One popular and oft-repeated statistic is that it takes 36 (sometimes it’s 97) calories of fossil fuel energy to bring one calorie of iceberg lettuce from California to the East Coast. That’s an apples and oranges (or maybe apples and rocks) comparison to begin with, because you can’t eat petroleum or burn iceberg lettuce.
  • The real energy hog, it turns out, is not industrial agriculture at all, but you and me. Home preparation and storage account for 32 percent of all energy use in our food system, the largest component by far. A single 10-mile round trip by car to the grocery store or the farmers’ market will easily eat up about 14,000 calories of fossil fuel energy. Just running your refrigerator for a week consumes 9,000 calories of energy. That assumes it’s one of the latest high-efficiency models; otherwise, you can double that figure. Cooking and running dishwashers, freezers and second or third refrigerators (more than 25 percent of American households have more than one) all add major hits. Indeed, households make up for 22 percent of all the energy expenditures in the United States. Agriculture, on the other hand, accounts for just 2 percent of our nation’s energy usage; that energy is mainly devoted to running farm machinery and manufacturing fertilizer. In return for that quite modest energy investment, we have fed hundreds of millions of people, liberated tens of millions from backbreaking manual labor and spared hundreds of millions of acres for nature preserves, forests and parks that otherwise would have come under the plow.
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  • Don’t forget the astonishing fact that the total land area of American farms remains almost unchanged from a century ago, at a little under a billion acres, even though those farms now feed three times as many Americans and export more than 10 times as much as they did in 1910. The best way to make the most of these truly precious resources of land, favorable climates and human labor is to grow lettuce, oranges, wheat, peppers, bananas, whatever, in the places where they grow best and with the most efficient technologies — and then pay the relatively tiny energy cost to get them to market, as we do with every other commodity in the economy. Sometimes that means growing vegetables in your backyard. Sometimes that means buying vegetables grown in California or Costa Rica.
  • Eating locally grown produce is a fine thing in many ways. But it is not an end in itself, nor is it a virtue in itself. The relative pittance of our energy budget that we spend on modern farming is one of the wisest energy investments we can make, when we honestly look at what it returns to our land, our economy, our environment and our well-being.
James Goodman

The true cost of 9/11: Trillions and trillions wasted on wars, a fiscal catastrophe, an... - 0 views

  • The Sept. 11, 2001, terror attacks by al-Qaida were meant to harm the United States, and they did, but in ways that Osama Bin Laden probably never imagined. President George W. Bush's response to the attacks compromised America's basic principles, undermined its economy, and weakened its security.
  • The attack on Afghanistan that followed the 9/11 attacks was understandable, but the subsequent invasion of Iraq was entirely unconnected to al-Qaida—as much as Bush tried to establish a link. That war of choice quickly became very expensive—orders of magnitude beyond the $60 billion claimed at the beginning—as colossal incompetence met dishonest misrepresentation.
  • Today, America is focused on unemployment and the deficit. Both threats to America's future can, in no small measure, be traced to the wars in Afghanistan and Iraq. Increased defense spending, together with the Bush tax cuts, is a key reason why America went from a fiscal surplus of 2 percent of GDP when Bush was elected to its parlous deficit and debt position today. Direct government spending on those wars so far amounts to roughly $2 trillion—$17,000 for every U.S. household—with bills yet to be received increasing this amount by more than 50 percent.Moreover, as Bilmes and I argued in our book The Three Trillion Dollar War, the wars contributed to America's macroeconomic weaknesses, which exacerbated its deficits and debt burden. Then, as now, disruption in the Middle East led to higher oil prices, forcing Americans to spend money on oil imports that they otherwise could have spent buying goods produced in the U.S. The Federal Reserve hid these weaknesses by engineering a housing bubble that led to a consumption boom. It will take years to overcome the excessive indebtedness and real-estate overhang that resulted.
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  • Indeed, when Linda Bilmes and I calculated America's war costs three years ago, the conservative tally was $3 trillion to $5 trillion. Since then, the costs have mounted further. With almost 50 percent of returning troops eligible to receive some level of disability payment, and more than 600,000 treated so far in veterans' medical facilities, we now estimate that future disability payments and health care costs will total $600 billion to $900 billion. The social costs, reflected in veteran suicides (which have topped 18 per day in recent years) and family breakups, are incalculable.AdvertisementEven if Bush could be forgiven for taking America, and much of the rest of the world, to war on false pretenses, and for misrepresenting the cost of the venture, there is no excuse for how he chose to finance it. His was the first war in history paid for entirely on credit. As America went into battle, with deficits already soaring from his 2001 tax cut, Bush decided to plunge ahead with yet another round of tax "relief" for the wealthy.
  • Ironically, the wars have undermined America's (and the world's) security, again in ways that Osama Bin Laden could not have imagined. An unpopular war would have made military recruitment difficult in any circumstances. But, as Bush tried to deceive America about the wars' costs, he underfunded the troops, refusing even basic expenditures—say, for armored and mine-resistant vehicles needed to protect American lives or for adequate health care for returning veteran
James Goodman

Steve Jobs, Enemy of Nostalgia - NYTimes.com - 0 views

  • The Steve Jobs who founded Apple as an anarchic company promoting the message of freedom, whose first projects with Stephen Wozniak were pirate boxes and computers with open schematics, would be taken aback by the future that Apple is forging. Today there is no tech company that looks more like the Big Brother from Apple’s iconic 1984 commercial than Apple itself, a testament to how quickly power can corrupt.
  • Apple’s rise to power in our time directly paralleled the transformation of global manufacturing. As recently as 10 years ago Apple’s computers were assembled in the United States, but today they are built in southern China under appalling labor conditions. Apple, like the vast majority of the electronics industry, skirts labor laws by subcontracting all its manufacturing to companies like Foxconn, a firm made infamous for suicides at its plants, a worker dying after working a 34-hour shift, widespread beatings, and a willingness to do whatever it takes to meet high quotas set by tech companies like Apple.
  • Mr. Jobs’s magic has its costs. We can admire the design perfection and business acumen while acknowledging the truth: with Apple’s immense resources at his command he could have revolutionized the industry to make devices more humanely and more openly, and chose not to. If we view him unsparingly, without nostalgia, we would see a great man whose genius in design, showmanship and stewardship of the tech world will not be seen again in our lifetime. We would also see a man who in the end failed to “think different,” in the deepest way, about the human needs of both his users and his workers.
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  • It’s a high bar, but Jobs always believed passionately in brutal honesty, and the truth is rarely kind. With his death, the serious work to do the things he has failed to do will fall to all of us: the rebels, the misfits, the crazy ones who think they can change the world.
James Goodman

Economy and Politics - 1 views

Economic and Political news and commentary

economy politics government United States liberal progressive conservative Republican Democrat reactionary

started by James Goodman on 07 Apr 11 no follow-up yet
James Goodman

Imperial Decline: How Does It Feel to Be Inside a Dying Empire? | | AlterNet - 0 views

  • Facing the challenges of a world at the edge -- from Japan to the Greater Middle East, from a shaky global economic system to weather that has become anything but entertainment -- the United States looks increasingly incapable of coping.  It no longer invests in its young, or plans effectively for the future, or sets off on new paths.  It literally can’t do.  And this is not just a domestic crisis, but part of imperial decline.
James Goodman

The Supreme Court's continuing defense of the powerful - The Washington Post - 0 views

  • The United States Supreme Court now sees its central task as comforting the already comfortable and afflicting those already afflicted. If you are a large corporation or a political candidate backed by lots of private money, be assured that the court’s conservative majority will be there for you, solicitous of your needs and ready to swat away those pesky little people who dare to contest your power.
  • This court has created rules that will have the effect of declaring some corporations too big to be challenged through class actions, as AT&T customers and female employees at Wal-Mart discovered.
  • In 1912, Theodore Roosevelt warned that the courts had “grown to occupy a position unknown in any other country, a position of superiority over both the legislature and the executive.” Worse, “privilege has entrenched itself in many courts just as it formerly entrenched itself in many legislative bodies and in many executive offices.”What happens to a democracy when its highest court dedicates itself to defending privilege? That’s the unfortunate experiment on which we are now embarked. ejdionne@washpost.com
James Goodman

Sex, Violence and the Supreme Court - NYTimes.com - 0 views

  • Quite a bit of rough stuff was bandied about in one of the final Supreme Court decisions of the term released last month — dismembering, bondage, decapitation, a bounty of bloodletting in video games that bring the thrill of the kill to new levels. No problem there, in the view of the court: for children who want to simulate brutal homicide, it’s protected free speech.Sex, not so good. Naked women. Naked men. Fornication. Ewww! The black-robed majority made it clear that the United States of America will always make an exception for sex: “historically unprotected speech,” in the words of Justice Antonin Scalia, who wrote the 7-2 video game opinion.
  • The take-away point from Brown v. Entertainment Merchants Association was that the court continued to expand freedoms granted by the First Amendment. But in overturning a California attempt to ban underage video game sales, the case revealed a fascinating intra-justice discussion about modern depictions of sex and violence — why one can be censored, and the other cannot.Ultimately, the back-and-forth by the high court reinforced the notion of a nation that will always be a little skittish about sex, while viewing violence as American as apple pie. If this ruling is indeed a triumph for the First Amendment, it continues a strange double standard.
  • In dissent, Justice Stephen Breyer pressed the issue of why it was O.K. to protect children from sexual images but not from the worst kind of human carnage. His zinger points merit a second look before court-watchers settle into their Adirondack chairs for the summer:But what sense does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman, while protecting a sale to that 13-year-old of an interactive video game in which he actively but virtually binds and gags the woman, then tortures and kills her?Breyer expanded further, pointing to the absurd implications of the court’s drift. “What kind of First Amendment would permit the government to protect children by restricting sales of that extremely violent video game only if the woman — bound, gagged, tortured and killed — is also topless?”
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  • Since he asked, the answer seems to be that a First Amendment that bans an exposed breast to a certain age group is a good thing, while a First Amendment that gives that same age group unfettered access to avatars lopping off a breast is benign. It’s a theme that runs through the culture, enough so that Scalia could breezily dismiss parental concerns about the violent digital playpen he’s so afraid of regulating. “Mortal Kombat” and other games of graphic mayhem are part of a long, cherished tradition, this most conservative of justices argued.
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