A victory for the rising tide

I put up a post a few months ago arguing that the effort by corporations to use copyright law as a club to try to control people’s behavior is both philosophically problematic and economically counterproductive; the evidence shows, I believe, that they’re better off letting the market work than trying to over-regulate it. As I noted, though, corporations would rather regulate competition out of the way than have to actually compete, and they would rather try to control the market by regulation than have to rely on making a better product or selling it more cheaply. Thus we had, for instance, Viacom suing YouTube to try to force YouTube to remove any videos that might infringe on copyright law; as Farhad Manjoo writes in Slate,

a ruling in Viacom’s favor would have much wider repercussions. It would shift the balance of power between Web companies and entertainment companies, requiring sites to essentially ask permission or seek licenses from Hollywood and the music labels before innovating. Some of the world’s biggest Internet companies—not just YouTube, but also Facebook, Amazon, Yahoo, eBay, Flickr and others—would never have been able to get off the ground had they been required, as struggling startups, to constantly police their networks for potentially infringing material.

Interestingly, though, Viacom didn’t win—not at this stage, anyway; Judge Louis Stanton of the U.S. District Court for the Southern District of New York granted YouTube’s motion for summary judgment. Their policy has been to let copyright holders advertise alongside their content, and to take that content down if the copyright holder asks, and the judge decided that’s good enough. Viacom appealed, of course, but Judge Stanton has given us an all-too-rare victory for common sense; here’s hoping the decision stands.

Can he yodel?

I’ve been thinking about the President’s Oval Office speech last week, and about his response to the BP disaster more generally. I saw Gov. Palin take him apart:

That wasn’t surprising, of course, but watching Keith Olbermann and Chris Matthews hit him even harder definitely was.  Even harder on the President—no real surprise, since he’s less of a partisan than the MSDNC guys—was Andrew Malcolm of the Los Angeles Times in his “Top of the Ticket” blog:

The first two-thirds of the president’s remarks read just fine . . .

But watching the president and hearing him was a little creepy; that early portion of the address was robotic, lacked real energy, enthusiasm. And worst of all specifics. He was virtually detail-less. . . .

Trust me, the president said, tomorrow I’m going to give those BP execs what-for. As CBS’ Mark Knoller noted on his Twitter account, the president has allotted exactly 20 whole minutes this morning—1,200 fleeting seconds—to his first-ever conversation with the corporation responsible for the disaster.

Then, he’s got an important lunch with Joe “I Witnessed the World Cup’s First Tie” Biden. . . .

President Obama has said he doesn’t sense an appetite to address something as large as the illegal immigrant issue this year. But suddenly—watch the left hand over here because he wants you to not focus on how long it’s taken him to take charge of the spill—he thinks there’s a compelling need to spend a motorcade full of moola that the federal government doesn’t have in order to change the country’s energy habits.

And we’ve gotta start that right now because of an underwater leaking pipe 40 miles off Louisiana that we haven’t plugged and don’t really understand how it broke in the first place. So let’s do the electric car thing and build more windmills now.

And if, by chance, the nation’s politicians end up fighting over an energy plan during the next five months until the voting, maybe the politically damaging healthcare regrets and hidden costs will drown in all the words like so many thousands of seabirds in all the gulf’s still-surging oil.

Of course, no one reasonable expects the President to know how to fix the blowout. Gov. Palin isn’t criticizing him for that, because she doesn’t know how to fix it either. The problem is, we’ve gotten ourselves into a situation that nobody knows how to fix. Which means, you have to mitigate the problem, and it’s there that people do have ideas and that executive leadership is needed from the White House to enable the people who have the ideas and the equipment and the experience to go to work to fix what can be fixed—and it’s there that Barack Obama and his administration are not only falling down on the job, but in fact are being actively counterproductive; significant, experienced help was offered—and rejected.

I realize that most Americans don’t take the Dutch all that seriously (those of us who grew up around their American descendants don’t make that mistake, however), but as James Joyner pointed out,

As to the fact that the Netherlands government has a plan for this and we don’t, I’m not terribly surprised. It’s a small, maritime and riverine country surrounded with oil drilling.

What’s more, the offer came through official channels, via the Netherlands’ consul general in Houston, which means it should have been treated far more seriously and respectfully, and not just for environmental reasons:

You’d sure think taking advantage of an ally’s offer of assistance would have made sense, not only in terms of the spill itself but for building better relations with Europe. Given the scale of our economies, it’s rare that the Netherlands can bail us out. Why not let them when the opportunity arises?

Why not let them? Well, if you’re thinking like a Chicago Democrat, it makes perfect sense:

What about the decision not to waive the Jones Act, which bars foreign-flag vessels from coming to the aid of the Gulf cleanup? The Bush administration promptly waived it after Katrina in 2005. The Obama administration hasn’t and claims unconvincingly that, gee, there aren’t really any foreign vessels that could help.

The more plausible explanation is that this is a sop to the maritime unions, part of the union movement that gave Obama and other Democrats $400 million in the 2008 campaign cycle. It’s the Chicago way: Dance with the girl that brung ya.

What’s more important than getting the mess cleaned up? Making sure that if there’s any spending to be done, it’s your supporters who get the money. And, of course, making sure that whatever else happens, all federal laws and regulations are strictly enforced—don’t want to set any precedents for deregulation, now, do we?

Or the decision to deny Louisiana Gov. Bobby Jindal’s proposal to deploy barges to skim oil from the Gulf’s surface. Can’t do that until we see if they’ve got enough life preservers and fire equipment. That inspired blogger Rand Simberg to write a blog post he dated June 1, 1940: “The evacuation of British and French troops from the besieged French city of Dunkirk was halted today, over concerns that many of the private vessels that had been deployed for the task were unsafe for troop transport.”

Taken all in all, it’s no wonder that the best thing the President can find to do about this disaster is . . . blame Congress. To be sure, he was trying to blame just Republicans; but you might have thought he would have realized a) that all such comments would do is make voters more hostile to Congress in general, and thus more likely to vote against their current federal representatives, and b) that his own party currently controls Congress, and thus would be more likely to be hurt by the effects of his comments.

Were I a Democrat, I don’t think I’d be at all pleased with the way the President has shown in this situation. Since I’m not, I’ll just say that more and more, he’s reminding me of this guy:

Fox News and sexual hypocrisy

Douglas Wilson, of Credenda/Agenda and Christ Church of Moscow, Idaho, is at his best when he can let his snark ascend and just turn it loose. He’s also at his best when he has something deep and profoundly important to set his teeth into and be snarky about. (This is, I think, why he was the perfect person to debate Christopher Hitchens.) As such, it’s no surprise that his recent guest piece at the Washington Post‘s “On Faith” blog, titled “Foxy News,” is Wilson at his best.

Preaching against porn while consuming it avidly is certainly inconsistent, and is what theologians in another old-timey era used to call “a sin”—a theological category that perhaps needs to be rehabilitated. But I want to consider this issue at another level—we need to start thinking about the politics of porn. . . .

A number of evangelicals are up in arms about President Obama himself, and Obamacare, and Obama-other-things, and Obama-anything-else, and are warning us in dire tones about the impending slavery that is involved in all this “socialism.” And—full disclosure here—I am economically pretty conservative myself, just slightly to the left of King Arthur, so I am not pointing out this part of it to differ with any of it. But what I am noticing in this discussion is a striking public tolerance for right-wing skankyness. When I am cruising around for my Internet news, I am far more likely to run into Moabite women at Fox News than anywhere else. . . .

Surely it should be possible to access fair and balanced news without running into women who think they are supposed to be a sale at Macy’s—with 40 percent off.

What then? On the assumption that what we are willing to associate with in public is just a fraction of what we are willing to associate with in private, one of my basic concerns about evangelical involvement in politics in the age of Obama (measured in this discussion by their general friendliness to Foxy News) is that they are not nearly as hostile to “slavery” as some of the rhetoric might seem to indicate. I know that politics is supposed to make strange bedfellows, but “strange bedfellows” was always supposed to be a metaphor, wasn’t it?

A man cannot sell himself into slavery in his private life, and then turn around and successfully take a stand as a free man in the public square. At least, that is how the thinking used to go among conservatives. If sexual indulgence is one of the more obvious bribes that can be offered to a slave, how does it change anything if a person takes the bribe in private? And if that bribe is taken in private, over time, indications of that reality will start to show up in public, in the sorts of ways I have been discussing.

Be sure to read the whole thing—it’s truly priceless. I remember when Fox was a favorite target for ire of conservatives, because of shows like “Married . . . with Children” and, yes, “The Simpsons.” (It seems a little strange now to think of that.) People would occasionally point out, as a mitigating factor, that Rupert Murdoch was pretty conservative in a lot of ways, but that was usually dismissed with the comment that the sleaze he peddled disqualified him. Until he launched Fox News, and before too long, political expediency took over . . .

Climate and the American media

The theory of anthropogenic (i.e., human-caused) global warming is in serious trouble, but you wouldn’t know it if you get your news from the big U.S. outlets. Ed Morrissey at Hot Air has a list of climate stories broken by the British media that have been ignored by the American media. His list is an impressive one, and it doesn’t even include the Daily Mail story challenging the credibility of Dr. Phil Jones, the former director of the University of East Anglia’s Climatic Research Unit. The evidence mounting against AGW—and against the integrity and credibility of the folks pushing it—has grown to such an extent that even Canada’s Grey Lady, the Globe and Mail, felt compelled to take note of it; but the New York Times? Fuhgeddabouddit. When your motto is All the News that’s Fit to Print, and “fit to print” means that which fits your agenda, then clearly, there’s no reason to take notice of such inconvenient stories. “When the facts and the politics conflict, sir, print the politics.”

All the news that’s fit to—wait, what?

Gregg Easterbrook, in his latest Tuesday Morning Quarterback column on ESPN.com (which includes, by the way, the best analysis I’ve seen of why New Orleans won the Super Bowl and Indianapolis lost), has this entertaining collection of corrections from the New York Times:

In the past six months, the Times has, according to its own corrections page, said Arizona borders Wisconsin; confused 12.7-millimeter rifle ammunition with 12.7 caliber (the latter would be a sizeable naval cannon); said a pot of ratatouille should contain 25 cloves of garlic (two tablespoons will do nicely); on at least five occasions, confused a million with a billion (note to the reporters responsible—there are jobs waiting for you at the House Ways and Means Committee); understated the national debt by $4.2 trillion (note to the reporter responsible—there’s a job waiting for you at the Office of Management and Budget); confused $1 billion with $1 trillion (note to the reporter responsible—would you like to be CEO of AIG?); admitted numerical flaws in a story “about the ability of nonsense to sharpen the mind;” used “idiomatic deficiency” as an engineering term (correct was “adiabatic efficiency”); said Paul Revere’s Midnight Ride occurred in 1776 (it was in 1775—by 1776, everybody knew the British were coming); “misstated the status of the United States in 1783—it was a country, not a collection of colonies” (dear Times, please Google “Declaration of Independence”).

The Times also “misidentified the song Pink was singing while suspended on a sling-like trapeze;” confused the past 130 years with the entire 4.5 billion-year history of Earth (see appended correction here); misused statistics in the course of an article complaining that public school standards aren’t high enough (see appended correction here); said Citigroup handed its executives $11 million in taxpayer-funded bonuses, when the actual amount was $1.1 billion (in the Citigroup executive suite, being off by a mere two zeroes would be considered incredible financial acumen); said a column lauding actress Terri White “overstated her professional achievements, based on information provided by Ms. White;” identified a woman as a man (it’s so hard to tell these days); reported men landed on Mars in the 1970s (“there was in fact no Mars mission,” the Times primly corrected).

The Times also gave compass coordinates that placed Manhattan in the South Pacific Ocean near the coastline of Chile (see appended correction here); said you need eight ladies dancing to enact the famous Christmas song when nine are needed; said Iraq is majority Sunni, though the majority there is Shiite (hey, we invaded Iraq without the CIA knowing this kind of thing); got the wrong name for a dog that lives near President Obama’s house (“An article about the sale of a house next door to President Obama’s home in Chicago misstated the name of a dog that lives there. She is Rosie, not Roxy”—did Rosie’s agent complain?); elaborately apologized in an “editor’s note,” a higher-level confession than a standard correction, for printing “outdated” information about the health of a wealthy woman’s Lhasa apso; incorrectly described an intelligence report about whether the North Korean military is using Twitter; called Tandil, Argentina, home of Juan Martín del Potro, a “tiny village” (its population is 110,000); inflicted upon unsuspecting readers a web of imprecision about the Frisians, the Hapsburg Empire, the geographic extent of terps, and whether Friesland was “autonomous and proud” throughout the Middle Ages or merely until 1500; inexactly characterized a nuance of a position taken by the French Commission on the Measurement of Economic Performance and Social Progress (philosophy majors must have marched in the streets of Paris over this); confused coal with methane (don’t make that mistake in a mine shaft!); on at least three occasions, published a correction of a correction; “misstated the year of the Plymouth Barracuda on which a model dressed as a mermaid was posed;” “mischaracterized the date when New York City first hired a bicycle consultant” and “misidentified the location of a pile of slush in the Bronx.”

Here, TMQ’s pal Michael Kinsley duns the fastidiousness of Times corrections. Kinsley’s column complaining about facts contains—you knew this was coming!—a factual error. Mike says the really big hunk of rock in southern Alaska is Mount McKinley on U.S. government maps, though commonly referred to by Alaskans as “Mount Denali.” Actually, it is commonly referred to by Alaskans as Denali, which means “Great Mountain” in Athabaskan. “Mount Denali” would mean “Mount Great Mountain.”

Granted, everyone makes mistakes, this is over a period of six months, and many of them are trivial (though some are ludicrously huge); still, I’m amused.

True colors

If you thought liberals were in favor of free speech, think again. Today, the United States Supreme Court released its decision in the case of Citizens United v. Federal Election Commission, in which it struck down a major censorship provision of the McCain-Feingold “campaign-finance reform” act of 2002. In response, Ralph Nader’s group Public Citizen issued a call for a constitutional amendment to partially repeal the First Amendment:

In their statement responding to the decision, Public Citizen demanded public financing of congressional elections, then added its call for an amendment, saying:

Public Citizen will aggressively work in support of a constitutional amendment specifying that for-profit corporations are not entitled to First Amendment protections, except for freedom of the press. We do not lightly call for a constitutional amendment. But today’s decision so imperils our democratic well-being, and so severely distorts the rightful purpose of the First Amendment, that a constitutional corrective is demanded.

We are formulating language for possible amendments, asking members of the public to sign a petition to affirm their support for the idea of constitutional change, and planning to convene leading thinkers in the areas of constitutional law and corporate accountability to begin a series of in-depth conversations about winning a constitutional amendment.

[. . .]

At least they are finally admitting that they view the First Amendment—which says Congress shall make no law respecting freedom of speech—as flawed. And that they judge themselves as smarter than James Madison, the author of the Bill of Rights that begins with the First Amendment (actually it was the third, but that’s another story), and the “Father of the Constitution.”

Look for the smoke machine

You’ve probably heard it before: “Where there’s smoke, there must be fire.” Like most proverbs, it makes a lot of intuitive sense; it fits the balance of probabilities. Follow it, and you’ll be right most of the time.

But not always, as I learned from the same source where I first ran across this proverb: Agatha Christie. Both of her main detectives, Hercule Poirot and Miss Jane Marple, dealt at various points with domestic mysteries in small villages, which usually featured “spinsterish old cats” (not unlike Miss Marple herself, actually, save for the latter’s complete absence of malice) declaring that Dr. So-and-so must have murdered his poor wife, because everyone was saying so, and “where there’s smoke, there must be fire.” Usually, in those stories, there proved to be no fire at all, but someone else determinedly laying down a smokescreen.

To be sure, those were mere fictions to entertain an evening, but they highlight an important fact: certain kinds of people, and people in certain kinds of situations, find smokescreens very useful. They can misdirect the attention of people who might be watching; they can cover one’s activities; and of course, they can conceal evidence, including evidence of one’s own guilt. And because people are generally predisposed to think, “If there’s smoke, there must be fire,” one can often use them to convince the public of negative things about one’s enemies.

This is, I think, the basic strategy of the Left for dealing with Sarah Palin. Should they ever find any actual fire in her life, you may be sure they’ll pull every alarm they can reach and turn it into the biggest media conflagration in recent memory; but in the absence of that, they’ve settled for taking every chance they can spot, twist, or invent to blow smoke at her. It doesn’t matter whether there’s even the thinnest shred of a reasonable justification for doing so—they’ll do it anyway.

In one recent ludicrosity, they’ve taken her observation about “In God We Trust” being moved from the face of the presidential line of dollar coins to the edge and put words in her mouth to accuse her of falsely blaming the current administration for that act. Before that, they tried twisting Mississippi Gov. Haley Barbour’s words to make it look like he was dissing Gov. Palin. They falsely accused her of trying to force the Iowa Family Policy Center to pay her for a speaking event. They twisted her statement about death panels in the Pelosi/Obama/Reid health care plans. They continue to peddle old lies such as the accusation that she tried to ban books. (And yes, the “they” in these cases usually includes Politico‘s Jonathan Martin.) And the list goes on, and on, and on, and on . . .

Why are they doing this? They’re creating a smokescreen, figuring that people are conditioned to think there must be a fire around somewhere; if Gov. Palin’s enemies can just keep the smoke thick enough around her, they expect voters to infer a fire, never mind that they’ve never seen any actual evidence of one. Meanwhile, those of us on the Right (who aren’t in thrall to one of the other 2012 contenders, or enthralled by the bright lights of the Beltway media) keep hooking up our fans and trying to blow the smoke away. Which is a laudable and necessary thing to do, and certainly we’ll be hard at it from now through November 2012 and, very likely, beyond. Lies must be fought with truth, and liars must be answered; the sincerely misled must be given the opportunity to clear their eyes of the smoke. It is a worthy exercise for its own sake.

At the same time, though, we need to recognize that our fans aren’t big enough to clear the air; and as such, we need to find ways to make another point to the electorate: watch the smoke. Watch the smoke and realize that it keeps changing—the color and direction are never the same twice. The storylines keep shifting, new accusations keep being made—often contradicting previous accusations. One might start to wonder if all this smoke is in fact coming from the Caterpillar‘s famed hookah, given the way it seems to enable one to believe six (mutually) impossible things before breakfast. Watch the smoke and realize it’s all implication, allegation, suggestion, prediction, and third-hand claims; realize that for all the smoke, no one has yet actually found any fire. Watch the smoke, and learn the real lesson: when there’s a little smoke, or a fair bit of smoke, yes, there’s probably a fire; but when the smoke just keeps on billowing by without a hint of a spark or any cinders on the breeze, stop expecting a fire—and look for the smoke machine.

(Cross-posted from Conservatives4Palin)

The anti-transparency administration

Despite the President’s bold initial words, that’s what his administration is turning out to be. It shouldn’t be a surprise, given the assault on the First Amendment conducted by his campaign in an effort to silence uncomfortable questions before the candidate had to face them; it shouldn’t startle us at all that his response to being challenged by a media organization would be to try to shut that organization down. As Charles Krauthammer writes,

there’s a principle at stake here. While government can and should debate and criticize opposition voices, the current White House goes beyond that. It wants to delegitimize any significant dissent. The objective is no secret. White House aides openly told Politico that they’re engaged in a deliberate campaign to marginalize and ostracize recalcitrants, from Fox to health insurers to the U.S. Chamber of Commerce.

There’s nothing illegal about such search-and-destroy tactics. Nor unconstitutional. But our politics are defined not just by limits of legality or constitutionality. We have norms, Madisonian norms.

Madison argued that the safety of a great republic, its defense against tyranny, requires the contest between factions or interests. His insight was to understand “the greater security afforded by a greater variety of parties.” They would help guarantee liberty by checking and balancing and restraining each other—and an otherwise imperious government.

The problem is, we have an amazingly thin-skinned administration, one that can’t seem to take criticism, or even significant differences of opinion, with any sort of grace; which is all of a piece, I think, with the fact that they also can’t seem to take a joke. As such, they don’t roll with the tough questions, they don’t rise to the challenge of being argued with, and they don’t laugh at themselves—or even just let it pass when someone else does. Instead, whenever anyone messes with them, their collective instinct is to get out the biggest hammer they can find and try to smash them.

(Well, whenever any of their American opponents messes with them, anyway . . . if it’s a foreign country like Iran or China or Russia, their instinct is rather different, to say the least.)

Obama media strategy: control the message

This is an absolutely fascinating presentation by Anita Dunn, the White House Communications Director, on the media strategy of the Obama campaign—and by extension, the Obama administration. Her analysis is, I think, critically important for anyone who wants to understand the relationship between politics and the media in the current environment, and the approaches that politicians who want to be successful will need to adopt going forward.

From what I’ve seen, most of the blogospheric reaction has followed the tone of this WorldNet Daily piece:

President Obama’s presidential campaign focused on “making” the news media cover certain issues while rarely communicating anything to the press unless it was “controlled,” White House Communications Director Anita Dunn disclosed to the Dominican government at a videotaped conference.”Very rarely did we communicate through the press anything that we didn’t absolutely control,” said Dunn.

Though that presentation is not inaccurate, it’s designed to support the title of the piece:

White House boasts: We ‘control’ news media

and that title is inaccurate, in two ways. In the first place, Dunn nowhere claims to control the media; what she’s actually talking about is manipulating the media to control the message, to set things up in such a way that the story they have to report is the story you want them to report, so that your message gets out the way that you want it to get out. It’s not about controlling the media but using them for your purposes. (This was, of course, made a lot easier for them by the generally lap-doggish attitude of the major media toward Barack Obama.) And in the second place—and this is more important than it sounds—Dunn wasn’t boasting. She was simply reporting: “This is what we did, this is why we did it, and this is why it produced the result we wanted.”

What Dunn is essentially talking about here is the ways in which the development of the Internet has weakened and is eliminating the long-held power of the legacy media to filter reality, to decide what the culture in general will be broadly aware of—and the ways in which, in consequence, politicians can use that development to control their message. Indeed, she’s laying out a blueprint for doing so, and explaining why it was essential to her campaign’s success.

The fact that the Obama campaign understood this intuitively, and thus was able to use that intuitive understanding to do just that to an unprecedented degree, while the McCain campaign was completely clueless is one of the reasons Barack Obama is now sitting at 1600 Pennsylvania Avenue. The fact that Sarah Palin understands this, and in consequence has turned her Facebook page into a potent political weapon, is one of the reasons she is in my judgment the most important and effective political force in the Republican Party at this moment despite the best efforts of the legacy media to filter her right into impotence and irrelevance. Anyone who wants to compete with them in the future on anything approaching a level playing field is going to need to be smart enough and tuned-in enough to do likewise.

That is the real meaning and significance of Dunn’s presentation; rather than mistaking it for hubris on the part of the Obama administration and using it as one more cudgel with which to beat on the President, the Right needs to recognize her analysis of the political-media landscape as correct and her prescription as essential, and learn to go and do likewise. And the media had best do the same, and figure out how to adapt and respond, lest their current posture of lap-doggish servitude be institutionalized and rendered permanent.

HT: Janet McGregor Dunn

(Cross-posted at Conservatives4Palin)