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Police Keep Using Chokeholds, Despite Bans and Scrutiny - NYTimes.com - 0 views

  • Before pepper spray, Tasers, expandable batons and portable radios, New York police officers facing resistance from a criminal suspect had another option: the chokehold. By 1993, though, the New York Police Department had joined departments in other large cities by banning the chokehold with an order that amounted to, in the words of former Chief of Department John F. Timoney: “Stay the hell away from the neck.”
  • The public anger that followed a grand jury’s decision not to indict the officer fueled demonstrations across the country, and in New York, the protests laid bare a rift between Mayor Bill de Blasio and the police.
  • On Monday, the newly created city inspector general for the Police Department said, in its first report, that in several cases reviewed, police officers went to the move as a “first act of physical force” when facing “mere verbal confrontation.”
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  • And, as the Police Department, prompted by Mr. Garner’s death, undertakes a sweeping review of its use-of-force policies, senior commanders have been taking a hard look at the chokehold ban.
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As inauguration nears, law enforcement scrutiny drives U.S. extremists into internet's ... - 0 views

  • Shortly after rampaging Trump supporters attacked the U.S. Capitol on Jan. 6, a fan of the president posted a message on the pro-Donald Trump website TheDonald.win. Inspired by the mob’s attempt to stop lawmakers from confirming President-elect Joe Biden’s electoral win, user CONN_WYNN said in an all-caps message, replete with an expletive, that it was “TIME TO LEAVE THE KEYBOARD” and “FIGHT FOR MY...COUNTRY.”
  • Before the Capitol attack, such a post may not have elicited a follow-up visit. But in the aftermath of the riot, which left five people dead, federal law enforcement agencies have intensified their scrutiny of extremist chatter online, activity that officials warn could be early warning signals of planned attacks around Biden’s inauguration in Washington on Jan. 20.“You don’t want to be the ones to have FBI agents knocking on your door at 6 a.m.,” Director Christopher Wray said on Thursday during a televised briefing with Vice President Mike Pence. “Anybody who plots or attempts violence in the coming week should count on a visit.”
  • Extremists seeking a politically motivated civil war and those seeking a race war “may exploit the aftermath of the Capitol breach by conducting attacks to destabilize and force a climactic conflict in the United States,” officials wrote in a joint bulletin issued on Wednesday by the National Counterterrorism Center and the Departments of Justice and Homeland Security and seen by Reuters
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  • The upside of driving extremists underground, Sena said, is that it is harder for them to radicalize others when they do not have access to more mainstream platforms.Law enforcement is also in the difficult position of determining whether people saying “despicable” things online intend harm or are “just practicing keyboard bravado,” Steven D’Antuono, assistant director in charge of the FBI’s Washington field office, told reporters on Tuesday.
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As LPL Financial Expands, Scrutiny of Its Practices Intensifies - NYTimes.com - 0 views

  • Since the financial crisis hit in 2008, prominent firms like Merrill, which long catered to individual investors, have lost brokers and customers.
  • Many investors have turned instead to independent brokerage firms like LPL. Unlike employees of the industry giants, LPL brokers are essentially contractors. They get LPL e-mail addresses and come under LPL compliance but pay for office space and staff.
  • With overhead costs relatively low, the company can pass a large percentage of commissions and fees — upward of 80 percent — back to its brokers. LPL has said that such a model is also an advantage for investors because the company does not have its own investment products, like the mutual funds created by the big banks, that it wants to push onto its customers.
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  • Brad Hintz, an analyst at Sanford C. Bernstein, said that LPL’s management had done a good job expanding the company and improving its compliance technology, allowing brokers with high standards to do well. But he said the scattered nature of its offices was an Achilles’ heel that exposed the company to lawsuits and regulatory risks.
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Chemicals in Your Popcorn? - NYTimes.com - 0 views

  • What do a pizza box, a polar bear and you have in common?All carry a kind of industrial toxicant called poly- and perfluoroalkyl substances, or PFASs, that do two things: They make life convenient, and they also appear to increase the risk of cancer.
  • The scientists I interviewed say that they try to avoid these chemicals in their daily lives, but they’re pretty much unavoidable and now are found in animals all over the planet (including polar bears in Greenland and probably you and me)
  • PFASs are used to make nonstick frying pans, waterproof clothing, stain-resistant fabrics, fast-food wrappers, microwave popcorn bags, firefighting foam and thousands of other products. Many are unlabeled, so even chemists sometimes feel helpless.
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  • Any testing is being done on all of us. We’re the guinea pigs.
  • PFASs are just about indestructible, so, for eons to come, they will poison our blood, our household dust, our water and the breast milk our babies drink.
  • Warnings of health risks from PFASs go back half a century and are growing more ominous. In May, more than 200 scientists released a Madrid Statement warning of PFAS’s severe health risks. It was published in Environmental Health Perspectives, a peer-reviewed journal backed by the National Institutes of Health.
  • Arlene Blum is a chemist whose warnings about carcinogens have proved prophetic. In recent years, she has waged an increasingly successful campaign against modern flame-retardant chemicals because of evidence that they also cause cancer, but she told me that PFASs “are even a bigger problem than flame retardants.”
  • Americans expect that chemicals used in consumer products have been tested for safety. Not so. The vast majority of the 80,000 chemicals available for sale in the United States have never been tested for effects on our health.
  • PFASs are “a poster child” for what’s wrong with chemical regulation in America, says John Peterson Myers, chief scientist of Environmental Health Science
  • Congress may finally pass new legislation regulating toxic chemicals, but it’s so weak a bill that the chemical industry has embraced it. The Senate version is better than nothing, but, astonishingly, it provides for assessing high-priority chemicals at a rate of about only five a year, and it’s not clear that the House will go that far.
  • Yes, of countless toxicants suspected of increasing the risk of cancer, obesity, epigenetic damage and reproductive problems, the United States would commit to testing five each year. And that would actually be progress.
  • For safety reasons, Europe and Canada already restrict hundreds of chemicals routinely used in the United States. Perhaps the danger of tainted brands and lost sales abroad — not the risk to Americans — will motivate American companies to adopt overseas limits.
  • Scientists are already taking precautions and weighing trade-offs in their personal lives. R. Thomas Zoeller, a biology professor at the University of Massachusetts, Amherst, says he now avoids buying nonstick pans. Rainer Lohmann, an oceanographer at the University of Rhode Island, told me that he is replacing carpets in his house with wood floors in part to reduce PFASs.
  • Simona Balan, a senior scientist at the Green Science Policy Institute, avoids microwave popcorn and stain-resistant furniture.
  • Dr. Blum says she avoids buying certain nonstick products and waterproof products
  • Some brands, including Levi’s, Benetton and Victoria’s Secret, are pledging to avoid PFASs. Evaluations of the safety of products are available free at the GoodGuide and Skin Deep websites.
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Europe Is Spying on You - The New York Times - 0 views

  • STRASBOURG, France — When Edward Snowden disclosed details of America’s huge surveillance program two years ago, many in Europe thought that the response would be increased transparency and stronger oversight of security services. European countries, however, are moving in the opposite direction. Instead of more public scrutiny, we are getting more snooping.
  • France recently adopted a controversial law on surveillance that permits major intrusions, without prior judicial authorization, into the private lives of suspects and those who communicate with them, live or work in the same place or even just happen to be near them.
  • Meanwhile, Austria is set to discuss a draft law that would allow a new security agency to operate with reduced external control and to collect and store communication data for up to six years. The Netherlands is considering legislation allowing dragnet surveillance of all telecommunications, indiscriminate gathering of metadata, decryption and intrusion into the computers of non-suspects. And in Finland, the government is even considering changing the Constitution to weaken privacy protections in order to ease the adoption of a bill granting the military and intelligence services the power to conduct electronic mass surveillance with little oversight.
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  • More recently, as new technologies have offered more avenues to increase surveillance and data collection, the court has reiterated its position in a number of leading cases against several countries, including France, Romania, Russia and Britain, condemned for having infringed the right to private and family life that in the interpretation of the cour
  • unnecessary “wide-ranging and particularly serious interference with the fundamental right to respect for private life” and personal data, this court reaffirmed the outstanding place privacy holds in Europe
  • If European governments and parliaments do not respect fundamental principles and judicial obligations, our lives will become much less private. Our ability to participate effectively in public life is threatened, too, because these measures curtail our freedom of speech and our right to receive information — including that of public interest. Not all whistleblowers have the technical knowledge Mr. Snowden possessed. Many would fear discovery if they communicated with journalists, who in turn would lose valuable sources, jeopardizing their ability to reveal unlawful conduct in both the public and private spheres. Watergates can only happen when whistleblowers feel protected.
  • First, legislation should limit surveillance and the use of data in a way that strictly respects the right to privacy as spelled out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, European data protection standards, the case law of the European Court of Human Rights and that of the European Court of Justice. These norms oblige states to respect human rights when they gather and store information relating to our private lives and to protect individuals from unlawful surveillance, including when carried out by foreign agencies.
  • Third, security agencies must operate under independent scrutiny and judicial review. This will require intrusive oversight powers for parliaments and a judiciary that is involved in the decision-making process to ensure accountability. Countries that have adopted controversial surveillance laws should reconsider or amend them. And those considering new surveillance legislation should do so with great caution.
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Daily fantasy sports halted in New York, AG declares practice illegal gambling - Market... - 0 views

  • New York Attorney General Eric Schneiderman has ordered fantasy-sports operators Fan Duel Inc. and DraftKings Inc. to shut down in the state, saying that the games constitute illegal gambling and are subject to criminal penalties.
  • A handful of other states have previously said fantasy sports amounts to gambling and isn’t allowed. But Tuesday’s cease-and-desist order from New York is the first time fantasy-sports operators have been formally accused of criminal activity. It is the latest blow for the daily fantasy industry, dominated by FanDuel and DraftKings, which faces a federal criminal probe and scrutiny of state legislatures over the legality of their business model and the oversight of their operations.
  • “Daily fantasy sports is neither victimless nor harmless,” Schneiderman said in a statement. “And it is clear that DraftKings and FanDuel are the leaders of a massive, multibillion-dollar scheme intended to evade the law and fleece sports fans across the country.” FanDuel responded in a statement: “This is a politician telling hundreds of thousands of New Yorkers they are not allowed to play a game they love…. The game has been played — legally — in New York for years and years, but after the attorney general realized he could now get himself some press coverage, he decided a game that has been around for a long, long time is suddenly now not legal.”
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$2tn US coronavirus relief comes without climate stipulations | US news | The Guardian - 0 views

  • A $2tn US coronavirus relief package will dole out billions to struggling airlines and offer low-interest loans that fossil fuel companies could compete for – without requiring any action to stem the climate crisis.
  • The House is expected to vote on the package on Friday. It also includes nearly $500bn in lending authority that one environment group, Friends of the Earth, called a “corporate slush fund with insufficient guardrails to protect workers, taxpayers and the climate”.
  • In the end, the stimulus package focused on direct aid to individuals and the worst-hit industries, while setting climate considerations aside.
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  • “The provisions we were focused on simply would hold the airlines to what they already said they’re going to do,” Petsonk said. “People do not want to solve one crisis by making another crisis worse.” The 2008 auto industry bailout, in comparison, led to stricter rules for pollution from vehicle tailpipes.
  • “Was this a missed opportunity for climate? I think the answer to that is no,” Segal said. “This stimulus package was primarily about getting money into the hands of individual households and workers and in some service sectors that were particularly hurt.”
  • In one climate win for Democrats, the bill does not include a discussed $3bn to buy oil to fill the Strategic Petroleum Reserve in order to lift global oil prices.
  • “It’s great that [Trump’s son-in-law ] Jared Kushner isn’t going to get a subsidised line of credit. It’s much more worrying in human terms that Chevron, Exxon and every other polluter you can imagine is eligible to be propped up in terms of the stimulus package.”
  • The American Wind Energy Association (AWEA) projects that the US wind industry could lose 35,000 jobs and $35bn in investment. Those losses could lead to lease payment and tax revenue reductions for local and state governments. No tax credit extensions have been granted for the solar and wind industries, meaning they may lose access to credits if they miss deadlines.
  • Democrats negotiated multiple measures meant to prevent abuse of the $500bn available in lending, including an oversight board, a special inspector general and provisions aimed at limiting Donald Trump’s businesses from benefiting – an issue that has already come under scrutiny.
  • He frequently spreads, at best, misinformation and, at worst, lies. But the Guardian is working tirelessly to filter out misinformation and separate fact from fiction.
  • The need for a robust, independent press has never been greater, and with your support we can continue to provide fact-based reporting that offers public scrutiny and gives people the tools to make decisions about their lives, health and security. You’ve read more than 11 articles in the last four months.
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Where Fitness Is the Job, Army Struggles to Be a Fair Boss With Female Troops - The New... - 0 views

  • It has, however, become a central issue for the Army, where fitness levels of recruits have come under greater scrutiny over the past two decades, precisely the same time that women have been seeking entry into elite combat units and advancement in leadership roles
  • Now, the Army is racing to approve significant changes to its legendary physical fitness test, the first revision since 1980, which will include offering soldiers an alternative to the leg tuck, a flash point for women, especially those who have given birth.At the same time, the new version of the test, which is required twice a year, does away with separate scoring curves based on gender and age. In its earliest rollout among 14,000 soldiers, 65 percent of a small set of women failed the new test, while 10 percent of men did.
  • The appropriate role of fitness in the modern Army — and the best way to evaluate it — has attracted the scrutiny of Congress, which has ordered the Army to conduct an independent review of its newest fitness test over concerns that it has made it harder for women to succeed.
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  • Editors’ PicksBallet Is Hard Enough. What
  • “The importance of this test goes beyond the gender issue,” Senator Richard Blumenthal, a Connecticut Democrat who has focused on the area for years, said in an interview. “It raises the issue of how to attract different kinds of skills and talent to the military. We need to make sure the test does not exclude doctors, cyberwarriors and others whose physical fitness is important but maybe not in the same exact way as a man or woman going into combat.”
  • Not all women in uniform agree that the standards should be lowered.
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Facebook and Twitter Face International Scrutiny After Trump Ban - The New York Times - 0 views

  • In Sri Lanka and Myanmar, Facebook kept up posts that it had been warned contributed to violence. In India, activists have urged the company to combat posts by political figures targeting Muslims. And in Ethiopia, groups pleaded for the social network to block hate speech after hundreds were killed in ethnic violence inflamed by social media.
  • But last week, Facebook and Twitter cut off President Trump from their platforms for inciting a crowd that attacked the U.S. Capitol. Those decisions have angered human rights groups and activists, who are now urging the companies to apply their policies evenly, particularly in smaller countries where the platforms dominate communications.
  • David Kaye, a law professor and former United Nations monitor for freedom of expression, said political figures in India, the Philippines, Brazil and elsewhere deserved scrutiny for their behavior online. But he said the actions against Mr. Trump raised difficult questions about how the power of American internet companies was applied, and if their actions set a new precedent to more aggressively police speech around the world.
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  • n many countries, there’s a perception that Facebook bases its actions on its business interests more than on human rights. In India, home to Facebook’s most users, the company has been accused of not policing anti-Muslim content from political figures for fear of upsetting the government of Prime Minister Narendra Modi and his ruling party.
  • “Developments in our countries aren’t addressed seriously,” said Mishi Choudhary, a technology lawyer and founder of the Software Freedom Law Center, a digital rights group in India. “Any takedown of content raises the questions of free expression, but incitement of violence or using a platform for dangerous speech is not a free speech matter but a matter of democracy, law and order.”
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No, America is Not Experiencing a Version of China's Cultural Revolution - by Nicholas ... - 0 views

  • The first institution Maoists captured was not the academy, it was the state. The seeds of the Cultural Revolution were not in the academy, but in the perceived weakness of the communist party in China, and Mao’s position within the party, after the failures of the Great Leap Forward. Maoists took over the state first, and 17 years later launched a campaign to force cultural change in the academy and elsewhere.
  • Cultural power, and related concepts like “privilege,” aren’t nothing, but they’re vaguer and less impactful than the state, which can credibility threaten, authorize, excuse, and utilize force.
  • State-backed violence made the Cultural Revolution, and if you think the social justice movement is similar, you misunderstand it.
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  • Terrorism, public health, and police violence are all life-and-death issues, and all involve the state, so they’re more consequential than the criticism, shunning, and loss of professional opportunities associated with cancel culture. But that doesn’t mean the latter isn’t a problem.
  • We can, and should, care about more than one thing at a time, and many things that aren’t the worst problem deserve attention.
  • Nevertheless, it’s important to assess problems accurately.
  • Michael Hobbes calls all this worrying about wokeness a “moral panic.” That’s a term some use online to wave away serious concerns, but Hobbes uses it the way sociologist Stanley Cohen did in the 1970s, as a phenomenon where something becomes “defined as a threat to societal values and interests” based on media accounts that “exaggerate the seriousness, extent, typicality and/or inevitability of harm.”
  • The point here is not that stranger abductions never happened, but that they didn’t happen nearly as much as the media, concerned parents, and lawmakers thought. And because stranger kidnappings were not a national crisis, but treated as one, the “solution” made things worse.
  • Along similar lines, Hobbes argues that anti-woke alarm-bell-ringing relies on a relatively small number of oft-repeated anecdotes. Some don’t stand up to scrutiny, and some of those that do are low-stakes. The resulting moral panic fuels, among other things, a wave of red state legislation aimed at banning “critical race theory” that uses vague language and effectively cracks down on teaching about racism in American history.
  • For that, we should look to data, and here again the problem looks smaller than anti-woke liberals make it out to be
  • In the universe of cancel culture cases, I find more incidents concerning than Hobbes and fewer concerning than Young, but “this one incident wasn’t actually bad” vs. “yes it really was” doesn’t answer the question about size and scope. It doesn’t tell us what, if anything, society should do about it.
  • In Liberal Currents, Adam Gurri cites the Foundation for Individual Rights in Education (FIRE), which documented 426 “targeting incidents involving scholars at public and private American institutions of higher education” since 2015 and 492 “disinvitation attempts” since 1998
  • The organization Canceled People lists 217 cases of “cancellation” since 1991, while the National Association of Scholars (NAS) lists 194 cancellations in academia since 2004 (plus two in the 20th century).
  • Based on these numbers, Gurri concludes, “If any other problem in social life was occurring at this frequency and at this scale, we would consider it effectively solved.”
  • There are nearly 4,000 colleges and universities in the United States. U.S. News’ 2021 rankings of the best schools lists 1,452. Using that smaller number and NAS’s figure of 194 academic cancellations since 2004, the chance of a college or university experiencing a cancellation in a given year is less than 0.8 percent.
  • There are some concerning cases in the NAS database too, in which professors were fired for actions that should be covered under a basic principle of academic freedom — for example, reading aloud a Mark Twain passage that included a racial slur, even after giving students advance notice — so this isn’t a total non-issue. But the number of low stakes and relatively unobjectionable cases means the risk is lower than 0.8 percent (and it’s even lower than that, since NAS includes Canada and my denominator is ranked schools in the United States).
  • Similarly, FIRE classifies about 30 percent of the attempted disinvitations in its database as from the right. About 60 percent are from the left — the other 10 percent N/A — so if you want to argue that the left does this more, you’ve got some evidence. But still, the number of cases from the left is lower than the total. And more than half of FIRE’s attempted disinvitations did not result in anyone getting disinvited.
  • Using U.S. News’ ranked schools as the denominator, the chance of left-wing protestors trying to get a speaker disinvited at a college or university in a given year is about 0.5 percent. The chance of an actual disinvitation is less than 0.25 percent. And that’s in the entire school. To put this in perspective, my political science department alone hosts speakers most weeks of the semester.
  • Two things jump out here:
  • Bari Weiss and Anne Applebaum both cite a Cato study purporting to show this effect:
  • even if we assume these databases capture a fraction of actual instances — which would be surprising, given the media attention on this topic, but even so — the data does not show an illiberal left-wing movement in control of academia.
  • The number agreeing that the political climate prevents them from saying things they believe ranges from 42% to 77%, which is high across political views. That suggests self-censorship is, to a significant degree, a factor of the political, cultural, and technological environment, rather than caused by any particular ideology.
  • Conservatives report self-censoring more than liberals do.
  • The same study shows that the biggest increase in self-censorship from 2017 to 2020 was among strong liberals (+12), while strong conservatives increased the least (+1).
  • If this data told a story of ascendent Maoists suppressing conservative speech, it would probably be the opposite, with the left becoming more confident of expressing their views — on race, gender, etc. — while the right becomes disproportionately more fearful. Culture warriors fixate on wokeness, but when asked about the political climate, many Americans likely thought about Trumpism
  • Nevertheless, this data does show conservatives are more likely to say the political climate prevents them from expressing their beliefs. But what it doesn’t show is which beliefs or why.
  • Self-censoring can be a problem, but also not. The adage “do not discuss politics or religion in general company” goes back to at least 1879. If someone today is too scared to say “Robin DiAngelo’s conception of ‘white fragility’ does not stand up to logical scrutiny,” that’s bad. If they’re too scared to shout racial slurs at minorities, that isn’t. A lot depends on the content of the speech.
  • When I was a teenager in the 1990s, anti-gay slurs were common insults among boys, and tough-guy talk in movies. Now it’s a lot less common, one of the things pushed out of polite society, like the n-word, Holocaust denial, and sexual harassment. I think that’s a positive.
  • Another problem with the anti-woke interpretation of the Cato study is media constantly tells conservatives they’re under dire threat.
  • Fox News, including Tucker Carlson (the most-watched show on basic cable), Ben Shapiro and Dan Bongino (frequently among the most-shared on Facebook), and other right-wing outlets devote tons of coverage to cancel culture, riling up conservatives with hyperbolic claims that people are coming for them
  • Anti-woke liberals in prestigious mainstream outlets tell them it’s the Cultural Revolution
  • Then a survey asks if the political climate prevents them from saying what they believe, and, primed by media, they say yes.
  • With so many writers on the anti-woke beat, it’s not especially plausible that we’re missing many cases of transgender servers getting people canceled for using the wrong pronoun in coffee shops to the point that everyone who isn’t fully comfortable with the terminology should live in fear. By overstating the threat of cancellation and the power of woke activists, anti-woke liberals are chilling speech they aim to protect.
  • a requirement to both-sides the Holocaust is a plausible read of the legal text. It’s an unsurprising result of empowering the state to suppress ideas in an environment with bad faith culture warriors, such as Chris Rufo and James Lindsay, advocating state censorship and deliberately stoking panic to get it.
  • Texas, Florida, and other states trying to suppress unwanted ideas in both K-12 and higher ed isn’t the Cultural Revolution either — no state-sanctioned mass violence here — but it’s coming from government, making it a bigger threat to speech and academic freedom.
  • To put this in perspective, antiracist guru Ibram X. Kendi has called for an “anti-racist Constitutional amendment,” which would “make unconstitutional racial inequity over a certain threshold, as well as racist ideas by public officials,” and establish a Department of Anti-Racism to enforce it. It’s a terrible proposal that would repeal the First Amendment and get the state heavily involved in policing speech (which, even if well-intentioned, comes with serious risks of abuse).
  • It also doesn’t stand the slightest chance of happening.
  • It’s fair to characterize this article as anti-anti-woke. And I usually don’t like anti-anti- arguments, especially anti-anti-Trump (because it’s effectively pro). But in this case I’m doing it because I reject the binary.
  • American politics is often binary.
  • Culture is not. It’s an ever-changing mishmash, with a large variety of influential participants
  • There have been unmistakable changes in American culture — Western culture, really — regarding race and gender, but there are way more than two sides to that. You don’t have to be woke or anti-woke. It’s not a political campaign or a war. You can think all sorts of things, mixing and matching from these ideas and others.
  • I won’t say “this is trivial” nor “this stuff is great,” because I don’t think either. At least not if “this” means uncompromising Maoists seeking domination.
  • I think that’s bad, but it’s not especially common. It’s not fiction — I’m online a lot, I have feet in both media and academia, I’ve seen it too — but, importantly, it’s not in control
  • I think government censorship is inherently more concerning than private censorship, and that we can’t sufficiently counter the push for state idea-suppression without countering the overstated fears that rationalize it.
  • I think a lot of the private censorship problem can be addressed by executives and administrators — the ones who actually have power over businesses and universities — showing a bit of spine. Don’t fold at the first sign of protest. Take some time to look into it yourself, and make a judgment call on whether discipline is merited and necessary. Often, the activist mob will move on in a few days anyway.
  • I think that, with so much of the conversation focusing on extremes, people often miss when administrators do this.
  • I think violence is physical, and that while speech can be quite harmful, it’s better to think of these two things as categorically different than to insist harmful speech is literally violence.
  • at a baseline, treating people as equals means respecting who they say they are. The vast majority are not edge cases like a competitive athlete, but regular people trying to live their lives. Let them use the bathroom in peace.
  • I think the argument that racism and other forms of bigotry operate at a systemic or institutional, in addition to individual, level is insightful, intuitive, and empirically supported. We can improve people’s lives by taking that into account when crafting laws, policies, and practices.
  • I think identity and societal structures shape people’s lives (whether they want it to or not) but they’re far from the only factors. Treating them as the only, or even predominant, factor essentializes more than it empowers.
  • I think transgender and non-binary people have a convincing case for equality. I don’t think that points to clear answers on every question—what’s the point of gender segregated sports?
  • I think free association is an essential value too. Which inherently includes the right of disassociation.
  • I think these situations often fall into a gray area, and businesses should be able to make their own judgment calls about personnel, since companies have a reasonable interest in protecting their brand.
  • I think free speech is an essential value, not just at the legal level, but culturally as well. I think people who would scrap it, from crusading antiracists to social conservatives pining for Viktor Orban’s Hungary, have a naively utopian sense of how that would go (both in general and for them specifically). Getting the state involved in speech suppression is a bad idea.
  • I think America’s founding was a big step forward for government and individual liberty, and early America was a deeply racist, bigoted place that needed Amendments (13-15; 19), Civil Rights Acts, and landmark court cases to become a liberal democracy. I don’t think it’s hard to hold both of those in your head at the same time.
  • I think students learning the unvarnished truth about America’s racist past is good, and that teaching students they are personally responsible for the sins of the past is not.
  • I think synthesis of these cultural forces is both desirable and possible. Way more people think both that bigotry is bad and individual freedom is good than online arguments lead you to believe.
  • I don’t think the sides are as far apart as they think.
  • I think we should disaggregate cancel culture and left-wing identity politics. Cancellation should be understood as an internet phenomenon.
  • If it ever was just something the left does, it isn’t anymore.
  • I think a lot of us could agree that social media mobbing and professional media attention on minor incidents is wrong, especially as part of a campaign to get someone fired. In general, disproportionally severe social and professional sanctions is a problem, no matter the alleged cause.
  • I think most anti-woke liberals really do want to defend free speech and academic freedom. But I don’t think their panic-stoking hyperbole is helping.
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Supreme Court Roe v. Wade leak investigation heats up as clerks are asked for phone rec... - 0 views

  • (CNN)Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe v. Wade, taking steps to require law clerks to provide cell phone records and sign affidavits, three sources with knowledge of the efforts have told CNN.Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel.
  • Lawyers outside the court who have become aware of the new inquiries related to cell phone details warn of potential intrusiveness on clerks' personal activities, irrespective of any disclosure to the news media, and say they may feel the need to obtain independent counsel.
  • Sources familiar with efforts underway say the exact language of the affidavits or the intended scope of that cell phone search -- content or time period covered -- is not yet clear. The Supreme Court did not respond to a CNN request on Monday for comment related to the phone searches and affidavits.The young lawyers selected to be law clerks each year are regarded as the elite of the elite. (Each justice typically hires four.) They are overwhelmingly graduates of Ivy League law schools and have had prior clerkships with prominent US appellate court judges.
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  • Curley, a lawyer and former Army colonel, oversees the police officers at the building. She is best known to the public as the person who chants, "Oyez! Oyez! Oyez!" at the beginning of the justices' oral argument sessions. The marshal's office would not normally examine the details of cell phone data or engage in a broad-scale investigation of personnel.The investigation comes at the busiest time in the court's annual term, when relations among the justices are already taut. Assisted by their law clerks, the justices are pressing toward late June deadlines, trying to resolve differences in the toughest cases, all with new pressures and public scrutiny.
  • The draft opinion in the case of Dobbs v. Jackson Women's Health Organization was written by Justice Samuel Alito and appeared to have a five-justice majority to completely reverse the 1973 Roe v. Wade decision. That landmark ruling made abortion legal nationwide and buttressed other privacy interests not expressly stated in the Constitution. Some law professors have warned that if Roe is reversed, the Supreme Court's 2015 decision declaring a constitutional right to same-sex marriage could be in jeopardy.
  • As the justices continue their secret negotiations, the scrutiny of the law clerks is heating up.The clerks have been the subject of much of the outside speculation over who might have disclosed the draft, but they are not the only insiders who had access. Alito's opinion, labeled a first draft and dated February 10, would have been circulated to the nine justices, their clerks, and key staffers within each justice's chambers and select administrative offices.
  • Cell phones, of course, hold an enormous amount of information, related to personal interactions, involving all manner of content, texts and images, as well as apps used. It is uncertain whether details linked only to calls would be sought or whether a broader retrieval would occur.
  • Court officials are secretive even in normal times. No progress reports related to the leak investigation have been made public, and it is not clear whether any report from the probe will ever be released.
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The Jury, Not the Prosecutor, Decides Who's Guilty - The Atlantic - 0 views

  • Manhattan District Attorney Alvin Bragg is an elected prosecutor who ran as a Democrat in a heavily Democratic city. Trump also received more scrutiny from prosecutors after he became a political figure than he’d ever experienced before. But none of this has any bearing on whether Trump actually committed the crimes with which he was charged.
  • The bar for convicting any defendant in the American justice system is extremely high: It requires a unanimous decision by 12 citizens who deem a crime to have occurred beyond a reasonable doubt
  • The more important question is not what motivated the charges, but whether they were justified and proved to a jury’s satisfaction.
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  • A prosecutor may well have political motivation, but his motivation isn’t what determines a verdict; he must prove his charges in court, through an adversarial process. Despite the yelps that Trump was tried in a kangaroo court, his lawyers had every opportunity to challenge jurors, introduce evidence, question prosecution witnesses, and call their own.
  • Trump is also right to note that his business practices and records didn’t attract anywhere near as much attention before he was a politician. Trump was famous before he was president, but becoming the most famous person on Earth is something else entirely. With the perks of fame comes more scrutiny. (Just ask Hunter Biden.)
  • Supporters of the Trump prosecution should be honest about the possibility of political motive underlying the case. The danger of political bias is an inherent flaw in the system of elected district attorneys that most jurisdictions around the U.S. use.
  • Capone was a notorious gangster, involved in murder, bootlegging, and racketeering, so it seems ludicrous that he was nailed on something as procedural and dry and quotidian as evading taxes.
  • the Capone case. The mobster committed many crimes, but he did them in a way that made them hard to prosecute. Like many organized-crime bosses, he made sure to speak about things elliptically and keep his fingerprints (literal and metaphorical) off things. (Does this sound familiar?) But Capone couldn’t hide financial crimes as effectively. Prosecutors went after him for tax evasion because that’s what they could prove. It is not selective prosecution to go charge someone for a crime for which you have evidence, even if you don’t charge them for the other, more difficult-to-prove crimes. It is realism. It’s also justified and just.
  • Republican cries of political prosecution can also be understood in another, better way. Because Trump’s defenders are unwilling to argue that he didn’t falsify the records or that it shouldn’t be a crime, they’re actually arguing that he should get a pass on crimes they view as minor because he’s a political figure
  • “If they can do this to me, they can do this to anyone,” Trump said at a press conference this morning. Indeed, that’s the point of equal justice under the law.
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Donations to Foundation Vexed Hillary Clinton's Aides, Emails Show - The New York Times - 0 views

  • In the years before Hillary Clinton announced she would run again for president, her top aides expressed profound concerns in internal emails about how foreign donations to the Clinton Foundation and Bill Clinton’s own moneymaking ventures would affect Mrs. Clinton’s political future.
  • The emails, obtained by hackers and being gradually released by WikiLeaks this month,
  • personal income from some foundation donors and “gets many expensive gifts from them.”
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  • Clinton Foundation gathering in Morocco at the behest of its king, who had pledged $12 million to the charity.
  • “She created this mess and she knows it,” a close aide, Huma Abedin, wrote of Mrs. Clinton in a January 2015 email.
  • Founded in 1997, when Mr. Clinton was still president, the foundation has raised roughly $2 billion to fund projects around the world, helping African farmers improve their yields, Haitians recover from a devastating 2010 earthquake and millions of people gain access to cheaper H.I.V./AIDS medication, among other accomplishments.
  • At the time, she was beginning to exert influence at the foundation, expressing concerns that Mr. Band and others were trying to use the charity to make money for themselves, and accusing another aide in her father’s personal office of installing spyware.
  • One such donor, Laureate International Universities, a for-profit education company based in Baltimore, was paying Mr. Clinton $3.5 million annually “to provide advice” and serve as its honorary chairman
  • Chelsea Clinton helped enlist an outside law firm to audit the Clinton Foundation’s practices.
  • the foundation “ensure that all donors are properly vetted and that no inappropriate quid pro quos are offered to donors in return for contributions.”
  • In August, the foundation said it would no longer accept foreign donations should Mrs. Clinton win the White House.
  • Russian government’s efforts to use cyberattacks to influence the election in favor of the Republican nominee, Donald J. Trump.
  • asked whether Mrs. Clinton’s name would be used in connection with the foundation, which is formally known as the Bill, Hillary and Chelsea Clinton Foundation. “It will invite press scrutiny and she’ll be held accountable for what happens there,”
  • a lawyer and top aide, said she discussed with Mrs. Clinton various “steps” to take to adjust her relationship with the foundation, including her resignation from the foundation’s board.
  • Mr. Band, who helped Mr. Clinton build the foundation, clearly felt irritated by Chelsea Clinton’s stream of implications that he had padded his own pockets from his work for her father.
  • “As they say, the apple doesn’t fall far,” he wrote. “A kiss on the cheek while she is sticking the knife in the back, and front.”
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Recent internet outage highlights the scary new reality of cyber attacks - 0 views

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    Cyber crime has moved closer to home than ever. The cyber attack that slowed many popular websites to a crawl last week is attracting new scrutiny to the security of the so-called "Internet of Things."
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Trump's presser was remarkable. It means we're heading into truly uncharted territory. ... - 0 views

  • Trump tore into CNN as “fake news” for publishing a careful if provocative and envelope-pushing story on unverified claims that Russian intelligence gathered compromising information on him. Trump ferociously attacked Buzzfeed for publishing a dossier of those claims, pointedly noting that Buzzfeed would “suffer the consequences.”
  • it all starts to smack of an effort to stamp out the very possibility of shared agreement on the legitimate institutional role of the news media or even on reality itself. It’s easy to imagine that, if and when a news organization uncovers potential conflicts, Trump will simply deny the reality of what’s been uncovered (“fake news”) and begin threatening “consequences” towards that organization.
  • One thing that remains clear: Congressional Republicans are not going to step up and try to mitigate this situation. Republicans are not going to take any of the steps they could be taking to try to prod Trump into showing more transparency about his holdings, which would make conflicts and corruption less likely.
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  • It’s hard to see that changing, unless, perhaps, intensified media scrutiny shakes loose enough scandalous stories to make the lack of congressional action untenable.
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What to Watch: Cabinet Hearings Resume on Capitol Hill - 0 views

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    This is Round 2 for Mr. Price, who appeared for four hours last week before the Senate health committee. Mr. Price has been a focus of Democratic criticism of his views on issues like Medicare and Medicaid spending, and he has also faced scrutiny over stock trades during his time in Congress.
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As Scandal Roils South Korea, Fingers Point to Mixing of Politics and Business - 0 views

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    The court has never before ousted a president, though seven of the last eight have left office tainted by allegations of corruption. Whatever the court decides, the Park scandal has already put recurring collusion between big business and government in South Korea under intense scrutiny and could reshape the nation's flawed, young democracy.
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How a YouTube video about Sweden ignited the latest Trump furor - 0 views

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    A conservative filmmaker wanted to call attention to what he claimed is a "surge of violence" caused by immigrants in Sweden. He has succeeded -- even President Trump has heard about it -- although some of the facts in the short film haven't held up under scrutiny.
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