SCOTUS animal cruelty ruling draws human ire

Film producers Chris Palmer and Peter Kimball take issue with the Supreme Court’s ruling in favor of animal cruelty film seller Robert Stevens a few days ago. In an op ed piece appearing in today’s San Francisco Chronicle, the two decidedly more respected and respectable members of the human community (Palmer heads the Center for Environmental Filmmaking at American University; Kimball is writer/director of the wildlife film Badger Insurance: The Plight of the North American Badger) argue that “videos of dog-fighting and animal mutilation — created not to educate or inform but merely to titillate — have no constitutional protection.”

The Court, Palmer and Kimball say, “has gone too far in protecting the free speech of those who would profit from films depicting wanton and malicious cruelty to animals solely for customers’ entertainment. We believe that these types of videos deserve no legal protection whatsoever.”

The case in question, United States vs. Stevens, centered on Robert Stevens, a purveyor of the video series “Dogs of Velvet and Steel.” Stevens produced and sold videos of pit bulls engaging in dogfights and viciously attacking other animals. These videos include graphic depictions of torture and brutality, including a pit bull mutilating the lower jaw of a live pig. In January 2005, Stevens was convicted of violating the Animal Cruelty Act (1999), which criminalized the trafficking of depictions of animal cruelty, except those with “serious religious, political, scientific, educational, journalistic, historical, or artistic value.” A federal appeals court overturned Stevens’ conviction and ruled that the animal cruelty law violated his First Amendment right to free speech. On Tuesday, the Supreme Court upheld the lower court’s ruling.

The fundamental question is this: Does the Animal Cruelty Act violate the First Amendment right of freedom of speech? Certainly, the right to free speech is one of the paramount freedoms in our society. Our country was founded on the principle that people should not be persecuted for voicing unpopular opinions. Naturally, in order to be effective, this freedom protects disturbing and offensive speech.

However, there are very specific types of speech that we, as a society, have deemed so despicable and so lacking in merit that they do not deserve protection, among them child pornography, obscenity, threats and incitement of violence. Animal cruelty should be one of these unprotected categories. As Wayne Pacelle, president of the Humane Society of the United States, wrote, “We wouldn’t allow the sale of videos of actual child abuse or murder staged for the express purpose of selling videos of such criminal acts.” There is no reason to ignore depictions of animal cruelty while rightfully criminalizing parallel depictions of child abuse.

The Supreme Court is not in the habit of overturning itself, but in decisions such as Tuesday’s ruling one hopes for quick reversal of fortunes of the animal kingdom. As long as there are depraved people getting some sort of kicks out of the suffering of others, there will be shameless people like Robert Stevens ready to benefit.

True/Slant Contributor Rick Ungar makes a good point that First Amendment rights must be carefully protected. In a post immediately following the ruling he wrote:

While I am as disgusted by these videos as most, the majority does have a point. The law, as drafted, could result in unintended consequences – going so far as to ban the depiction of bullfights as graphically painted in Ernest Hemingway novels. When we’re talking about first amendment rights, Congress is obligated to be careful in constructing laws that can produce an unintended chilling effect on so important of a right.

Though I’m a Hemingway fan and occasional Spain-o-phile, I’d have as hard a time arguing for bullfights as for dog-fights. Went to one a few years back, had to leave before they dragged the bull out. Ungar and others suggest that the answer to this human rights v animal rights issue will lie in enactment of narrow laws banning specific cruelties such as the “crush videos” (women in high heels stomping small animals) cited by Justice Samuel Alito in his dissenting opinion.

This space hopes for a fast track on such legislation. One way or another, barbaric acts need to be banned. For my part, a ban on Robert Stevens wouldn’t be a bad idea either.

Supreme Court gets it wrong with animal cruelty ruling.

Who needs 'open carry' guns?

Guns in public view… guns loaded or unloaded… guns at the Starbucks counter… if you’re a supporter of the Brady Center, the current activism of the pro-gun folks is less than encouraging. And who exactly needs all this swagger?

Several interesting comments about gun-toters and gun stats appeared in the Letters section of today’s San Francisco Chronicle in response to goings-on of the “Open Carry” Movement:

In 2006, guns murdered 10,177 people in the United States, while 18 people were murdered in Austria, 27 in Australia, 59 in England and Wales, 60 in Spain, 190 in Canada, 194 in Germany, according to the Brady Center to Prevent Gun Violence.

It is estimated that there are 283 million guns in America. We are the gun capital of the world.

It was George W. Bush who noted that an American teenager is more likely to die from a gunshot than from all natural causes of death combined.

Another reader suggested that

the “open carry” intentions of the gun-obsessed would surely lead to myriad examples of the law of unintended consequences: shootings and deaths as well as a sort of John Wayne psychology that belongs in movies, not our parks, streets and highways.

If Starbucks or any other business allows citizens with guns in their businesses, you and I should take our business elsewhere.

But perhaps the most on-target letter writer went straight to the main issue: what’s with the people who feel the need to stride around town showing off their hardware?

I searched in vain in the story about the “open carry” gun movement for the exact benefit of walking around in public with a gun on your belt – when everyone knows the guns are not loaded.

Since the guns are of no use in defending oneself or anyone else against, the “threat of violence” and the “desperate people” whom (advocate) Jeff Dunhill sees everywhere, I tried to imagine some other reasons:

a) It’s cheaper than a sports car; b) You can prove yours is bigger without risking arrest; c) It’s all that you can be.

I’ve never understood why, if guns are so central to their self-image, people like this don’t join the military or law enforcement. Unless it is because in those instances, the other side also has guns. It’s a lot safer to swagger up to the bar and demand a caramel frappuccino grande.

Letters to the editor

Moving Mom & Dad: 8 months later

“The best thing? Well, there are only three rooms to look for my glasses in.” Nearing the end of her first year after a final move, my sister reports a whole bunch of pluses and only a couple of minuses in her housing choice.

Like millions of other older Americans, my sister Helen and her husband Clare faced the multitude of questions that come with aging in this country: where to live, how to stay active and independent, how to get necessary health care, how to finance it all. After a lifetime in academics and music, they had good friends at home and around the globe, but were beginning to feel isolated in their 4th floor Boston condominium because of limited mobility (Clare has Parkinson’s; they had long since sold the car…) and knew that changes had to be made.

First issue: Housing. Staying in their home was not a good option; though it had plenty of spare room, no family member was available to move in and help. They were far from needing (or being able to afford, for that matter) regular in-home help. Their children were scattered across four states, with families of their own.

The answer for Helen and Clare was Kendal at Ithaca, one of a growing number of retirement communities offering “lifetime” or “continuing community care” in almost every part of the U.S. and many other countries. They chose a two-bedroom, two-bath “cottage” within an easy walking distance of the main facility and its dining room (they have one meal a day there), fitness room, crafts room, library (a large and very well-stocked area where Clare spends most of his disposable time), swimming pool and meeting rooms (where Helen quickly found ways to be useful on multiple committees.) They made the move eight months ago (as reported on this page along with a running bunch of posts on senior housing choices then and since then); I visited again this weekend to see how things are working out. Pretty well. The winter wasn’t all that bad, though April in Ithaca seemed about as cold and ominous as June in San Francisco to this San Franciscan, and they have had no second thoughts.

The bad point: they miss their Boston friends. The good? Not having to worry about home care or upkeep, having a regular cleaning/household helper whom they greatly like, door-to-door transportation to cultural events at nearby Cornell University, Ithaca College and elsewhere, plenty of activities and new good friends, good food (“the desserts are desperately attractive,” Helen says) and health care (mostly right there on the premises.) On this last point, Clare lists one great attraction he sees: “They can’t throw me out.” The crowning bonus, for this fairly happily aging couple, is the proximity of their physician daughter and her husband, who relocated from the west coast to be near their parents, and who are in daily communication and assistance.

Kendal communities are not cheap. Nor are most of the others that offer independent living, assisted living and nursing care in assorted facilities, along the can’t-throw-you-out principle. Helen and Clare paid a hefty lump sum (being able to sell a home you’ve had for decades is the way most people swing this) and their monthly fee, which covers meals, transportation, doctors visits, drugs, etc, etc and etc, is also substantial. They are, though, a good choice for many. One college friend now in such a spot refers to her South Carolina retirement home as “our little corner of paradise;” another very close friend is delighted with her Virginia apartment in a community where her husband now lives in a “memory unit” a few steps away.

If you Google “retirement communities” or “continuing care communities” or similar phrases, literally hundreds of choices pop up. The managers of those facilities can spell out the costs and the benefits; for the pitfalls, it’s a good idea to talk with those who live there or whose loved ones are/have been there.

My demo couple in Ithaca are in the right spot.

Russian orphan Artyom, & another orphan story

Artyom and Vasya came from the same part of the globe as adoptive Americans — but the similarities end right about there. This is a personal perspective on another, happier-ending orphan story.

Seven-year-old Artyom Savelyev found himself at the center of an international incident recently, after being put on a plane by himself, with a one-way ticket back to Moscow and a note from his adoptive mother, 33-year-old Torry Hansen. “I am sorry to say that for the safety of my family, friends, and myself,” the letter said, “I no longer wish to parent this child. As he is a Russian national, I am returning him to your guardianship.”

She also said, “He is violent and has severe psychopathic issues”

Russian authorities were outraged, and suspended adoptions of Russian children. Some of the mom-for-a-year’s neighbors in Shelbyville, Tennessee, and many others who knew nothing more than what was reported in sound bites, were quick to condemn Torry Hansen and, in at least one instance, to say she deserved to go to jail. Investigations are ongoing.

Seventeen-year-old Vasya is the grandson of my friend Sally, who sent an e-mail today reminding everyone that there are not only two sides to every adoptive story, but some stories with hard-won happy endings. I’ve been following Vasya’s saga, via Sally’s e-mails, for over four years. There were two years (or perhaps a little more) of agonizing struggles with the red tape of the Ukranian government before Vasya finally arrived in the U.S. in 2007 at the age of 14, speaking no English and having an education at 5th grade level.

As reported today by his grandmother, Vasya is now fluent in English, finishing 9th grade in a private school, playing outstanding soccer, “an outgoing kid so proud of his newly-acquired driver’s license, a nice looking young man with a great personality. He is also an American citizen.”

All this, Vasya’s family emphasizes, “did not come about quickly, easily or smoothly.” They want others to know that adoptive families, as well as adopted children from abroad, can use a lot of support.

What about the future of adoptions of Russian children, currently on hold for U.S. citizens? The Joint Council on International Children’s Services, a membership-based advocacy organization, reported today,

The Department of State has received no information to confirm a suspension of adoptions from Russia to the United States.  Our Embassy in Moscow and other Department of State officials are talking with Russian officials to clarify this issue.

The Department of State is sending a high-level inter-agency team to Russia this weekend to meet with senior Russian officials, including officials from the Russian Ministry of Foreign Affairs, the Ministry of Education, and the Ministry of Justice.  The U.S. delegation will emphasize the importance of this issue to the United States, and will discuss our mutual concerns about how to better protect the welfare and rights of children and all parties involved in intercountry adoptions.

Many thousands of Russian children have found loving, safe and permanent homes in the United States through intercountry adoption.   Families in the United States have adopted more than 50,000 children from Russia.

The good news is, despite governmental red tape and countless hurdles, there are far more Vasyas than Artyoms. Maybe Russia will remember that.

Are mines as risky as potato salad?

Coal mines and potato salad? Not exactly equivalent danger. In my house, where the husband involved is first generation of his family not to have been in the mines (Michigan’s Upper Peninsula, and before that, Cornwall) we keep an eye on these things. The latest disaster brought to light (thanks, New York Times) an interesting reference that offers insight into the viewpoints of mine owners and managers who profess having safety a #1 priority.

The article references an Indiana Gazette‘s overview of the 35-year-old Mine Safety and Health Administration, which includes these paragraphs:

In 2007, the year after a series of fatal accidents that were attributed in part to the failures of seals designed to keep explosive methane gas from seeping between work areas in the mines, federal officials considered imposing a rule requiring mine owners to replace or retrofit all seals, to better protect the estimated 30,000 miners nationwide.

But at a hearing that year, Bill K. Caylor, then president of the Kentucky Coal Association, accused the government of reacting hysterically to the accidents.

“Did you know that 750 people die each year in the U.S. from eating bad or ruined potato salad?” he told federal regulators. “Do you think we could get some new laws put on the books to control these deaths?”

He urged regulators to ignore pleas from the widows of victims who were pressing them to mandate that new seals be installed in mines nationwide.

“The cost of installing the new approved seals will put a lot of smaller operators out of business,” he told regulators, urging them to require that the new seals only needed to be used when old ones were replaced.

When the final rule came out in 2008, the regulators sided with Caylor.

Not to paint all miners and the UMW as saints, or all mine owners and operators as hopeless bad guys, but that old Follow The Money adage seems to fit here. It often fits in climate change discussions whenever mountains and mining intersect, and it surely pops up a lot in safety stories. Yesterday’s Times article ends with these paragraphs:

Last Monday morning, a federal inspector visited the Upper Big Branch mine. He looked over its books, “discussed black lung and handed out stickers,” according to handwritten notes.

He made an “imminent danger” run in the mine, checked for dust collection and inspected the toilet, the notes say. He checked the conveyer belt and the roof, and took air readings in two locations that showed no methane.

The inspector then issued two citations, for an improperly insulated spliced electrical cable and for the lack of an updated map of escape routes in one section of the mine. Then he left.

That afternoon, the mine blew up.

Feds target texting drivers

Distracted drivers are on a trajectory to top drunk drivers in the major U.S. Stupid Road Hazard category, and may turn out to be even harder to combat. But efforts, at least, are being made.

The Department of Transportation on Thursday stepped up its campaign against distracted driving, announcing its first pilot program to study whether increased law enforcement would reduce distracted driving in two East Coast cities.

“Law enforcement will be out on the roads in Syracuse, N.Y., and Hartford, Conn., with one simple message,” Transportation Secretary Ray LaHood said in a statement. “If a driver is caught with a cellphone in one hand, they’ll end up with a ticket in the other.”

The $600,000 program, modeled on previous safe-driving programs to curb drunk driving and improve seat belt usage, also involves a paid advertising campaign aimed at men and women up to age 49.

The campaign using radio, TV and print ads began April 1 and will continue until April 16 in the Hartford and Syracuse metropolitan areas.

The first wave of high-visibility enforcement began Thursday and will last nine days in Syracuse; in Hartford it will begin Saturday and run through April 16. Subsequent enforcement waves in both cities will take place throughout the year.

As a California driver, and frequent pedestrian, I can certify that vast numbers of drivers are still more concerned with talking or texting than with the threat of a ticket; whether or not enforcement and large fines can wrench folks away from the addiction to constant communication remains to be seen.

Connecticut and New York are among only eight U.S. states and territories, including California, to ban the use of all hand-held devices, including cellphones, while driving.

Twenty states and territories, including California, as well as Washington, D.C., have a ban on texting while driving, while six states have laws that prohibit local jurisdictions from enacting restrictions, according to the U.S. Department of Transportation.

The federal government also introduced new regulations in January that would subject truck and bus drivers who text while driving commercial vehicles to civil or criminal penalties of up to $2,750.

The Transportation Department said results from the pilot study would serve as a model nationwide for employing high-visibility enforcement, education and outreach to reduce distracted-driving behaviors.

In 2008, 5,870 people were killed and an estimated 515,000 people were injured in police-reported crashes in which at least one form of driver distraction was reported, according to data from the National Highway Traffic Safety Administration.

On behalf of those half-million victims, and the many of us who fear becoming a similar statistic just because somebody can’t hang up and drive, this space hereby sides with the Department of Transportation on this one.

Law enforcement keeping an eye out for distracted drivers – chicagotribune.com.

Two rapes, two unhappy endings

Several generations ago, at a college in Northern Virginia, a young woman I’ll call Hannah woke up in a fraternity house bedroom very early one morning, a party still going on downstairs. She remembered, vaguely, going upstairs with a young man she barely knew. She couldn’t remember what she had had to drink, other than too much of it; she couldn’t remember why she had gone with him — she didn’t even find him particularly attractive — or much of anything else except that she had tried to fight him off and been raped.

Hannah managed to get downstairs and go home. She was filled with remorse and recrimination. She told no one, she said, until she shared the story with me three years later. It never occurred to her to cry foul, because in those days it was pretty much okay for young men to “sew wild oats” but too bad if an unwilling woman reaped the results. It was unacceptable for young women to complain, since it was either the woman’s responsibility to look after herself or the woman’s fault that things “got out of hand.” As soon as she found she was not pregnant, Hannah told me, she “just tried to put it out of mind.”

Some things have changed, some things are better, some things stay the same. Here’s a story by Amanda Hess in today’s Washington City Paper, forwarded to me by a friend. It’s about another “Hannah,” in another, but contemporary, college story that happened not far from the one above.

On Saturday, Dec. 9, 2006, Hannah* woke up in her Howard University dorm room with a piece of her life missing. Hannah, a 19-year-old sophomore, had unexplained pain in her rectum and hip. Her panty liner, which she had worn the night before, was missing. Vomit dotted her gloves and coat. Her friend Kerston lay beside her in the skinny dorm room bed. Kerston told Hannah not to shower—they had to go back to the hospital to secure a rape kit. That weekend, Hannah claims that she was provided the following excuses for why she could not receive a sexual assault medical forensic examination: She was drunk; she ate a sandwich; she was a liar; she didn’t know her attacker’s last name; the police had to authorize the exam; she was outside the hospital’s jurisdiction; she wasn’t reporting a real crime; she was blacked out; she changed her story; her case was already closed.

This is the story of the night Hannah was not officially raped. And so far, Hannah has not officially accused anyone of raping her. In the summer of 2007, she filed a lawsuit against the District of Columbia, Howard University Hospital, George Washington University Hospital, both universities, and several doctors she says denied or interfered with her medical care. She seeks damages for medical malpractice and negligence from the medical defendants and the D.C. police, which she says resulted in “the probable loss of the opportunity to see her assailant brought to justice.” Across the board, the defendants denied Hannah’s claims. The parties in the case, which has yet to go to trial, were not interviewed for this story; this account is reconstructed from sworn deposition testimony taken in Hannah’s suit.

The now-elderly Hannah never speaks of her experience. The contemporary Hannah is filled with anger and a sense of injustice. The contemporary story is complex and unlikely to come to any satisfactory conclusion… but then, these stories seldom do.

Test Case: You’re Not a Rape Victim Unless Police Say So – Washington City Paper.

Will fatherhood change Rev. Billy?

It’s true. The 50-something Reverend is a new father. Rev. Billy and his gorgeous wife  Savitri, today welcomed Lena Nightstar Talen into the world. If you Facebook friend him you can see her photos.

You may not have encountered Rev. Billy. He is, however, worth encountering. Minister of the Church of Stop Shopping, occasionally the Church of Stop the Bombing or most recently the Church of Life After Shopping, Reverend Billy got out of jail in time for his daughter’s arrival. He was incarcerated (something that happens with some regularity) for creating a mountain of toxic waste from Appalachia and dumping it in the NY lobby of JP Morgan Chase in protest against their financing of mountaintop mining.

Rev. Billy, a performance artist AKA Bill Talen, puts his energies where his beliefs are in ways most of us couldn’t imagine — and certainly couldn’t pull off. He ran unsuccessfully but with gusto for Mayor of New York in the last election. Long before the gun folks targeted Starbucks the Rev was targeting them for driving out the mom and pop stores. (That particular campaign, which included preaching a one-minute anti-Starbucks sermon in every Starbucks in Manhattan, got Starbucks’ attention, prompted a memo to their outlets and resulted in a book titled after that memo, What Should I Do If Reverend Billy Is In My Store.)

The Rev supports equality, gay rights and everyday folks; he laments consumerism, corporate culture, destruction of the environment and other popular evils. His laments, though, are considerably more activist than most. This is partly because he’s gifted and funny, and mostly because he truly believes that one should stand up for principles that matter. Check him out. You may not agree with his passions or his methods, but you won’t be bored.

About those passions, what Rev. Billy wants most is a better world for newcomers like Lena Nightstar. He’s entertaining, but he’s dead serious.

So no, I doubt that fatherhood will slow him down. Congratulations, Savitri & Bill.

1 … 18 19 20 21 22 … 31