Category: Media

A Real History of the Last Sixty-Two Years?

Submitted by: Mike Spindell, Guest Blogger

Being in my late 60’s and having grown up in a liberal family, politics and history have been always among my greatest interests. Those much younger than I would no doubt list 9/11 as the most traumatizing historical event of their lifetime. While 9/11 of course affected me greatly, no historical event in my life has affected me as much as the assassination of President John F. Kennedy. I believe that it traumatized my generation so extensively that most of us have not been able to fully believe in our country and its government since that tragic day and its aftermath. Most Americans alive today, who were born in 1960, or afterwards, have only second hand accounts of the total turbulence of the 60’s and the trauma experienced by those who lived through it. There is no doubt that 9/11 has traumatized this nation, but initially it drew most of us together, only to have that unity frittered away by the Bush Administration. The 60’s did that for my generation and that trauma led directly to our current political chaos and deep distrust of government as my generation took the reins of political power.

To most people growing up in the 50’s, on its surface America was the land of opportunity. The USA was a great democracy, unparalleled in human history in the prosperity of its citizens and its standing among nations. For many though, there were obvious cracks in this version of the America Myth. If you were a Black American you faced the viciousness of “Jim Crow” in the South and the somewhat more “genteel” racism pervading the rest of the country. People of Spanish speaking heritage also faced the status of second class citizenship. Native American’s were treated just as badly as they had been from the first European landing on these their shores. Women were, with few exceptions, expected to be subservient to male expectations and were uniformly portrayed as being intellectually inferior. Homosexuals were viciously and violently persecuted. And so it went in 1950’s America. Some great white writers like Mailer, Kerouac, Steinbeck and many others were taking on the myth of the America Dream. Africa American writers like Richard Wright, Ralph Ellison and James Baldwin were standing on the shoulders of their predecessors from the Harlem Renaissance, in exposing the oppression Black people faced. There was among many Americans a weariness of the canards of the Eisenhower Administration, the fear based militarism of the Cold War and a recognition that all was not well with a good portion of the population. There was also for many, a hope for purposefulness in their own lives, beyond marriage, house in the suburbs, new car and two kids.

Arriving on the scene, promising to revitalize the country, was JFK, a brilliant speaker, handsome man and charismatic leader. He won a close election against the unlikable Richard Nixon and proceeded to galvanize the nation with the dreams of his New Frontier. JFK also was the source of great enmity among the Washington Establishment. Seen as nouveau riche by the plutocracy, too idealistic and naïve by the Defense, State Departments and CIA, hated by J. Edgar Hoover and the FBI, too “Nigra Friendly” for Southern racists and a threat to the “business as usual” Corporate status quo. He was murdered on a Friday Afternoon in 1963 as my University suspended activities and I sat with friends stunned with grief listening to a car radio and puffing Marlboro’s. That day is etched permanently in my mind and the disturbing events that followed it throughout those turbulent 1960’s forever changed the way I viewed the world. Lee Harvey Oswald was improbably murdered as I watched on TV that Sunday; a flawed Warren Commission Report arrived filled with holes; the murder of Martin Luther King and then Bobby Kennedy; along with the prosecution of a vicious and illegal war; with all this my faith in American Democracy and exceptionalism faded into skeptical disbelief. Life for us ordinary citizens, however, still went on and pleasure, friends, lovers, spouses, families and careers took up most of our time and attention.  Nevertheless I devoured everything I could read about the JFK murder and indeed about the history taking place as I lived my mundane life. Recently a book brought all those strange feelings back to the surface and provided a possible explanation why our world seems so much crazier these days. Continue reading “A Real History of the Last Sixty-Two Years?”

Rutherford B. Hayes – Early Adopter

-Submitted by David Drumm (Nal), Guest Blogger

Time once again for a history lesson. During a speech in Maryland President Obama compared Republican skepticism of alternative energy to President Rutherford B. Hayes’ dismissal of the telephone. In this anecdote, Hayes said, “It’s a great invention, but who would ever want to use one?” President Reagan repeated the same anecdote in a speech before the National Technology Awards in 1985.

According to Nan Card, curator of manuscripts at the Rutherford B. Hayes Presidential Center in Ohio, just the opposite is true. Card has heard the story before but has no idea where it started. Continue reading “Rutherford B. Hayes – Early Adopter”

Could The End Of Political Hate-Speech Be Due To a Fluke?

By Mark Esposito, Guest Blogger

Georgetown University Law Schooler Sandra Fluke may have been able to do something George Soros’ millions, a whole gaggle of Democratic strategists, and Al Franken’s book, Rush Limbaugh Is a Big Fat Idiot, couldn’t do – dethrone the King of Caustic in the court of public opinion.  She may have done something else, too. Something truly unexpected in red-blue battlefield where American politics is played. The feisty feminist may have just made political discourse civil again.

Continue reading “Could The End Of Political Hate-Speech Be Due To a Fluke?”

New York Times Under Fire Over Denial Of Anti-Islam Ad After Running Anti-Catholic Ad

There is an interesting controversy in New York where The New York Times ran an ad calling on Catholics to leave their church, but refused to run a similar ad targeting Muslims. Conservatives have jumped on what they say is a double standard. They may have a point.

Continue reading “New York Times Under Fire Over Denial Of Anti-Islam Ad After Running Anti-Catholic Ad”

Freeze, U.S. Congress! Rep. King Criticized For Video Of Raid Posted On YouTube

Rep. Peter King, R-N.Y., chairman of the Homeland Security Committee, is embroiled in another controversy. King has previously been criticized for anti-Muslim statements and his express support for the IRA, despite its listing as a terrorist organization. Now, King has triggered an investigation after he went along with U.S. Marshals on a raid of a home and gleefully filmed the arrest of a citizen, including what appears footage inside the person’s home. It is the perfect merging of entertainment, politics, and crime. In the land of the blind, the one-cameraed man is King.

Continue reading “Freeze, U.S. Congress! Rep. King Criticized For Video Of Raid Posted On YouTube”

What Motivates the 1%?

Submitted by: Mike Spindell, guest blogger

When it comes to standard of living I can’t complain. Between a pension and social security I live comfortably, though definitely without luxury. I have no investments and minimal savings so that I in essence live from check to check, as do most Americans less fortunate. Would I like thousands in the bank, of course? Would I like to travel overseas, as I never have, of course I would. It would also be nice to have a luxury auto that accommodates my long legs, 72” 3D plasma TV and many other accoutrements of our consumer society. I know I’d enjoy them, but frankly I am content with what I have and do not begrudge those with far more material things, savings and income. In this respect I am decidedly a creature of what has been known up to now as the “Middle/Working Class”. It is a vanishing citizen category that I identify with most closely and is gradually through conservative policies being driven down towards underclass status.

In addition, my entire working career was spent dealing with those people who can be roughly characterized in American terms as the “Underclass” due to poverty, race, ethnicity, disability, mental illness, criminality and addiction. I know first hand the depredations suffered by this portion of our citizens and this knowledge via experience, is something not shared by most Americans. My work exposed me to the basic unfairness of our system and I must admit my experiences fill me with rage towards those who lack empathy for the ignored and maltreated. Some say that this disparity is merely the result of lack off effort on their part, or of the natural result of lack of ability. Those that do are basically people ignorant of how the American system works and the fact that the putative “race” towards the top is a fixed affair, in all of its’ aspects. Since this is a legal opinion blog I would be giving its purpose short shrift was I not to mention that inequity of result has been a standard of our legal system since our Country’s inception. With a few exceptions used to demonstrate the opposite, the truth is as Leonard Cohen states so eloquently “Everybody knows the game is rotten”.

To me it is a fact that inequality is inherent in our system. Please indulge me to look at what I find most perplexing in this state of things and why I think it exists. Why does it seem that many people, who have received so much benefit from the fruits of this nation, are so begrudging of having those less fortunate at least live more comfortable lives? Continue reading “What Motivates the 1%?”

The Original Intent Debate Turns To James Madison . . . Jay-Z

As a law professor, I am often called into disputes over the original intent of the Framers — most recently in testimony over the recess appointment clause in the House Judiciary Committee. In the Florida House of Representatives, however, this dispute became particularly intense as Rep. Alan B. Williams and Speaker Dean Cannon disagreed on the specific words and intent behind that legal paragon Jay-Z:

Continue reading “The Original Intent Debate Turns To James Madison . . . Jay-Z”

Mueller: I Can’t Say Whether I Now Can Kill Citizens In The United States Under Obama’s Kill Doctrine

This week we have been discussing Attorney General Eric Holder’s recent speech at Northwestern University Law School detailing the claim of President Barack Obama that he has the right to kill American citizens based on his inherent authority and the ongoing war on terror. I previously wrote a blog and a column on the issue. Those pieces noted that Holder limited his remarks by referring to targeted killing “abroad.” However, I noted that the Administration’s past references to this power are not so limited. Indeed, the only limits stated by the Administration have been self-imposed standards and what Holder calls “due process” — expressly excluding “judicial process.” Now, FBI Director Robert Mueller has entered the fray. On Wednesday Mueller was asked in a congressional hearing whether the current policy would allow the killing of citizens in the United States. Mueller said that he simply did not know whether he could order such an assassination. It was the perfect moment to capture the dangerous ambiguity introduced into our system by this claim of inherent authority. I can understand Mueller deferring to the Attorney General on the meaning of his remarks, but the question was whether Mueller understands that the same power exists within the United States. One would hope that the FBI Director would have a handle on a few details guiding his responsibilities, including whether he can kill citizens without a charge or court order.
Continue reading “Mueller: I Can’t Say Whether I Now Can Kill Citizens In The United States Under Obama’s Kill Doctrine”

Ohio Case Challenges Law Criminalizing “Lies” In Political Campaign

The New York Times has an interesting article on the continuing debate over whether lies are protected under the first amendment — a debate that we discussed earlier in relation to the Supreme Court’s consideration of the constitutionality of the Stolen Valor Act. Mark W. Miller, however, is fighting this issue in a different context — challenging a law that makes it a crime to lie in a political campaign. I have always viewed these laws as inimical to free speech and contrary to the First Amendment. The Supreme Court could resolve the question in the Alvarez case — or reinforce the ability of states to prosecute people for falsehoods utterly in political campaigns.

Continue reading “Ohio Case Challenges Law Criminalizing “Lies” In Political Campaign”

Bad Advice: Hoyer Encourages Fluke To Sue Limbaugh For Defamation

House Minority Whip Steny Hoyer (D-Md.) has called on Georgetown Law student Sandra Fluke to sue Rush Limbaugh for calling her a “slut” and a “prostitute” on his radio show. Hoyer insists that the reprehensible comments are also actionable libel. He is half right.

Continue reading “Bad Advice: Hoyer Encourages Fluke To Sue Limbaugh For Defamation”

[Non] Survivor: China’s New Hit Show Features Condemned Prisoners In Last Moments

China has found its answer to Survivor. Emphasizing a strength, the latest television sensation is Interviews Before Execution where condemned prisoners breakdown in confessions before being led off to be executed.

Continue reading “[Non] Survivor: China’s New Hit Show Features Condemned Prisoners In Last Moments”

Iranian Human Rights Lawyer Sentenced To 18 Years In Prison For Accepting “Unlawful” Humanitarian Award And Other “Crimes”


Iranian human rights lawyer Abdolfattah Soltani has been sentenced to 18 years in prison by what the Iranian government refers to as “courts.” To his credit, Soltani refused to defend himself before the Iranian tribunal which blindly carries out the dictates of the religious leaders of the country.

Continue reading “Iranian Human Rights Lawyer Sentenced To 18 Years In Prison For Accepting “Unlawful” Humanitarian Award And Other “Crimes””

A Corporate Tale

Submitted by: Mike Spindell, guest blogger

This week Huffpost ran an article titled:“IBM’s Role in the Holocaust — What the New Documents Reveal”, written by Edwin Black. The article was a followup to Mr. Black’s book “IBM and the Holocaust” published in 2001. As Mr. Black puts it justifying this particular article:

“Newly-released documents expose more explicitly the details of IBM‘s pivotal role in the Holocaust — all six phases: identification, expulsion from society, confiscation, ghettoization, deportation, and even extermination. Moreover, the documents portray with crystal clarity the personal involvement and micro-management of IBM president Thomas J. Watson in the company’s co-planning and co-organizing of Hitler’s campaign to destroy the Jews.” http://www.huffingtonpost.com/edwin-black/ibm-holocaust_b_1301691.html?ncid=edlinkusaolp00000009

These are of course pretty serious charges being made about one of the world’s most famous companies and about its founder. While I will present the nature of these charges and the specificity of the author’s alleged proof in the piece, it really is not my focus to condemn IBM one way or another, or even to vouch for the truth of the article. I will provide a link that offers a different perspective on these charges and will leave it to you the reader to decide what you think of them. My real purpose here is to discuss the necessary amorality of Corporations and what effect that amorality has upon nations and people. Continue reading “A Corporate Tale”