May 20, 2013
Tornado Devastation In The Mid-West

Four states have been hit by devastating tornadoes over the past 24 hours.  The picture below is from Moore, Oklahoma:

This desolated wasteland used to hold houses, yards, and streets.  According to the Tri-State Weather facebook page:

A substantial part of the town has been flattened and thousands of homes are destroyed. At least two elementary schools took a direct hit from the tornado. This will go down as the worst or one of the worst tornadoes ever. The only way in and out right now is by air to some parts and the National Guard is assisting in the search and rescue operation.

The tornado that hit Oklahoma was 2 miles wide and killed at least 51 people.  The America Blog has an excellent aggregation of social media coverage of the storms here.

May 20, 2013
The Yale Law Journal Online - The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct

A fabulous Essay from Yale Law Journal:

On March 29, 2011, the Supreme Court—by a vote of five to four—overturned a $14 million jury verdict in favor of John Thompson, a Louisiana man who spent fourteen years on death row because prosecutors withheld exculpatory blood evidence from his defense attorneys. Thompson had sued the Orleans Parish District Attorney’s Office based on a failure-to-train theory, arguing that the office had denied him due process of law through its deliberate indifference toward the need to train its attorneys in proper disclosure procedures. Thompson’s failure-to-train theory relied on Brady v. Maryland, a 1963 Supreme Court decision that requires prosecutors to share evidence with defendants in criminal cases when that evidence is “material either to guilt or to punishment.” The Connick Court, in an opinion authored by Justice Thomas, disagreed with Thompson’s argument. According to Justice Thomas’s majority opinion, a single Brady violation—i.e., a one-time failure to disclose “material” evidence—is insufficient to establish liability on a failure-to-train theory.

Emphasis added for one of the many reasons I drink at night.

May 20, 2013
think-progress:

You’ve heard the news.
But what does this mean for your privacy?

In a recent report card from the Electronic Frontier Foundation (EFF), comparing which tech companies protect user’s data from government snooping, Yahoo received one of the lowest scores with only one out of five stars. Tumblr performed significantly better, receiving three stars for requiring a warrant for content, fighting for users’ privacy rights in Congress, and publishing law enforcement guidelines.


LTMC: Yet another reason to be skeptical of the buyout.

think-progress:

You’ve heard the news.

But what does this mean for your privacy?

In a recent report card from the Electronic Frontier Foundation (EFF), comparing which tech companies protect user’s data from government snooping, Yahoo received one of the lowest scores with only one out of five stars. Tumblr performed significantly better, receiving three stars for requiring a warrant for content, fighting for users’ privacy rights in Congress, and publishing law enforcement guidelines.

LTMC: Yet another reason to be skeptical of the buyout.

2:03pm  |   URL: http://tmblr.co/ZMMjnxlR4fw_
  
Filed under: politics tumblr yahoo 
May 20, 2013
"According to an ongoing study conducted by Black Women’s Blueprint, sixty percent of Black girls have experienced sexual abuse before the age of 18. More than 300 Black women nationwide participated in the research project. A similar study conducted by The Black Women’s Health Imperative seven years ago found the rate of sexual assault was approximately 40%."

Brooke Axtell, Black Women, Sexual Assault, And The Art Of Resistance.

Also from the article:

There are many reasons why Black women may choose not to report incidences of sexual assault. Survivors of all races often fear that they will not be believed or will be blamed for their attack, but Black women face unique challenges.

Historically, law enforcement has been used to control African-American communities through brutality and racial profiling. It may be difficult for a Black woman to seek help if she feels it could be at the expense of African-American men or her community. The history of racial injustice (particularly the stereotype of the Black male as a sexual predator) and the need to protect her community from further attack might persuade a survivor to remain silent.

May 20, 2013
Malcolm X On Government, Racism, And Morality

As I was listening through some of Malcolm X’s speeches yesterday, I neglected to point out this particular gem, which is a fine example of Malcolm X’s amazing rhetorical prowess (at 1:30):

We don’t steal, we don’t gamble, we don’t lie, and we don’t cheat.  And that also deprives the government of revenue.  Because you can’t get into a whiskey bottle without getting past the government’s seal.  You can’t get into a deck of cards without getting past the government seal.  There, the White man makes the whiskey and then puts you in jail for getting drunk.  He sells you the cards and the dice and puts you in jail when he catches you using them.  So he’s against us, because we fix it where he can’t catch you anymore.  We take the dice out of your hands, and the cards out of your hands, and the whiskey out of your head.

Also, here is Malcolm X on the position of Black women in America, from the same speech:

The most disrespected person in America is the Black woman.  The most unprotected person in America is the Black woman.  The most neglected person in America is the Black woman.  And as Muslims, the honorable Elijah Muhammad teaches us to respect our women, and to protect our women.  And the only time a Muslim really gets real violent is when someone goes to molest his woman.  We will kill you for our woman. …We believe that if the White man will do whatever is necessary to see that his woman gets respect and protection, then you and I will never be recognized as men, until we stand up like men and place the same penalty over the head of anyone who puts his filthy hands out in the direction of our women.

Clearly this discourse would be a bit problematic today, as traditional gendered notions of “male as protector” are not quite as prominent as they were back then.  Nonetheless, the vulnerability of Black women in the 1950’s and 60’s was real, and is still real today.  Malcolm X was then, as ever, unafraid to “make it plain” for those that would listen.

May 19, 2013
Remembering Malcolm X

Today is Malcolm X’s birthday.  He would’ve been 88.  I wanted to take a moment to remember his contribution to the American civil rights movement.

Most people view Malcolm X as a manifestation of one side of the two biggest prongs of the civil rights movement.  On the one side, you had the likes of Martin Luther King, the Southern Christian Leadership Conference, and the NAACP, who preferred legislative engagement and non-violent resistance.  On the other side, you have Malcolm X, the Nation of Islam, and the Black Panther Party, who did not preach violence, but nonetheless asserted a right for Black citizens to defend themselves against any aggression, whether from private or official in nature.  Mixed somewhere in-between, you have folks like Stokely Carmichael and the Student Non-violent Coordinating Committee, which began as a community organizing outfit, but later became “radical,” protesting the Vietnam War and later changing its name to the Student National Coordinating Committee before falling out of existence in the 1970’s.

Malcolm X’s primary contribution to the civil rights movement was to give a voice to the frustration felt by every Black American during the 1950’s and 60’s.  He saw that the White stranglehold on the levers of power persisted despite years of non-violent struggle.  He saw that even moderate White liberals who claimed to support racial equality often wavered and waffled when it came to political action on behalf of the Black community.  His resistance to integration was scary to those who believed that it was a necessary step for racial progress.  But his resistance was based on a life lived in perpetual witness of constant indignity and political disappointment.  He also saw the contradictions that were constantly played out in the “White media,” as where the Nation of Islam was consistently accused of preaching racial hatred.  His infamous response before a crowd in Los Angeles in 1962 still resonates today:

Who taught you to hate the color of your skin?  Who taught you to hate the texture of your hair?  Who taught you to hate the shape of your nose and the shape of your lips?  Who taught you to hate yourself, from the top of your head to the soles of your feet?  Who taught you to hate your own kind?  Who taught you to hate the race that you belong to, so much so that you don’t want to be around each other?  No, before you come asking Mr. Muhammad does he teach hate, you should ask yourself who taught you to hate being what God made you.

Malcolm’s response does not directly address the question of whether the Nation of Islam preached hate, but rather points out a fundamental problem with the question itself.  The question assumes, firstly, that there was no institutional aggression against Blacks, when clearly there was.  That institutional aggression was based in part on the legacy of Black inferiority that still infected American culture in the 1950’s and 60’s, which is what makes Malcolm’s response relevant.  Moreover, the question also assumes that like acts are being treated alike.  When Whites asserted the right to defend themselves from aggression, no unusual violent motivations were imputed to them.  But when Blacks asserted the same right, they were accused of inciting racial hatred and advocating violence.  Malcolm believed it was reprehensible to live in a world where Whites were free to use violence to defend themselves and their families, but Blacks must remain committed to non-violence.  Malcolm believed that this was simply a further perpetuation of the inequality of condition that defined race relations in America in the 1950’s and 60’s.

Even those sympathetic to Malcolm X don’t necessarily agree with everything he said.  But you don’t have to agree with all of it to recognize its importance.  Even when he was wrong, Malcolm X was still giving voice to the frustrations of countless Black citizens who were consistently abused in both private and official relations.  He is, unfortunately, unduly vilified in many “main stream” history textbooks, despite being an important voice in the civil rights movement.  His ideas had an enormous impact on public discourse.  He is worth remembering, worth listening to, and worth reading, especially for those who have not been exposed to his work.

May 18, 2013
"The missile hits, and after the smoke clears there’s a crater there and you can see body parts from the people. [A] guy that was running from the rear to front, his left leg had been taken off above the knee, and I watched him bleed out.

These guys had no hostile intent. In Montana, everyone has a gun. These guys could have been local people that had to protect themselves. I think we jumped the gun."

Former drone operator Brandon Bryant, on his first drone strike.

Bryant quit the drone program after realizing its disregard for life and how numb strikes made him feel, saying he “couldn’t do it anymore.”

(via hipsterlibertarian)

May 16, 2013
"One of the greatest threats to liberty has been the government taking people’s liberty for things that people are in favor of. The Pew research group shows that 52% of Americans think marijuana should not be illegal. And yet there are people in jail, [and] your justice department has continued to put people in jail, for sale and use, on occasion of marijuana. That’s something the American public has finally caught up with. There’s a cultural lag, and it’s been an injustice for 40 years in this country, to take people’s liberty for something that is similar to alcohol. You have continued what is allowing the Mexican cartels power, and the power to make money to ruin Mexico and hurt our country, by having a prohibition in late 20th and early 21st century. We saw it didn’t work in this country in the [19]20’s and we remedied it. This is the time to remedy this prohibition in the 21st century."

Rep. Steve Cohen  (D-Tennessee), speaking to Attorney General Eric Holder at a Congressional Hearing.

To be fair, the most DOJ could do is refuse to enforce federal marijuana laws in jurisdictions where state law conflicts with federal law.  That’s because it raises a constitutional question that isn’t directly addressed by statute, and therefore presents an opportunity for DOJ to exercise prosecutorial discretion in the enforcement of the law.  The real remedy here is for Congress were to pass a law ending federal marijuana prohibition.  If that occurred, then DOJ would have no more authority to arrest marijuana users than it did any other legal activity.

May 15, 2013
Reddit restores 87yo Grandad's Navy Photo | reddit | Know Your Meme

via The Daily What:

Back in April, at the request of his 87-year-old grandfather, Redditor stevieboy1984 turned to the /r/PicRequests subreddit to see if anyone could clean up a scanned JPEG image file of his grandfather’s World War II-era photo taken during his service in the Navy as a submarine sonar/radar operator. After a number of people offered their photoshop wizardries to help its restoration, stevieboy1984 showed his grandfather six variations before handing him a framed version of top commenter unhi’s submission.

Here’s the before and after:

See the video of the grandfather’s reaction at the link.

9:48pm  |   URL: http://tmblr.co/ZMMjnxl4hX7o
  
Filed under: history wwii 
May 15, 2013
Charges dropped against Florida teen over amateur science experiment — MSNBC

Good to see the D.A. came to their senses.  This young woman never deserved to be treated this way.

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