Gambling Debate, Part II
Friday, July 23rd, 2010Our rebuttals have been posted in my gambling debate for the Economist.
Go vote! I’m down by six percentage points right now.
Our rebuttals have been posted in my gambling debate for the Economist.
Go vote! I’m down by six percentage points right now.
I propose….
A new rule for righties: If in the course of a policy debate, bar argument, or blog squabble you mention that the person or organization you’re debating “gets money from George Soros,” you automatically lose the argument, and forfeit your privilege of being taken seriously for no less than six months.
A new rule for lefties: If in the course of a policy debate, bar argument, or blog squabble you mention that the person or organization you’re debating “gets money from the Koch Foundation,” you automatically lose the argument, and forfeit your right to be taken seriously for no less than six months.
(Disclosure: I have worked for and with organizations and people who have received funding from both George Soros and the Koch family. So this rule would work out pretty well for me.)
I’m not a huge Rachel Maddow fan, but this is pretty devastating.
I first wrote about Bruce Levy’s bizarre arrest last March. Levy headed up the Nashville firm that took over all of Mississippi’s autopsies after the state effectively fired Steven Hayne in 2008. Last spring, the night before the Mississippi legislature was to vote on a bill that stopped an attempt by some Mississippi counties to rehire Hayne, Levy was arrested in a pot sting conducted by Mississippi police.
This week, Levy was indicted by a grand jury. He faces up to 10 years in prison.
Like the Roger Wiener case, this story just doesn’t smell right. The allegation is that Levy purchased a big box of pot and had it FedExed to the hotel he was staying at while he was doing some autopsies in Jackson. I guess that would make some sense if Levy were a (not particularly bright) casual pot smoker and needed a fix. But the police also allege that in addition to the FedEx box, Levy had pot stashed all over his room. If he was stealing drugs off the bodies he autopsied and selling them (as suggested in the linked article), why would he buy another big package of pot while he was staying in Jackson? And why in the world would a doctor who owns his own autopsy firm be engaged in low level pot distribution in the first place?
I should say that at this point I have zero evidence that this was a set-up. And it’s worth noting that the policy agency that conducted the sting reports to the Mississippi Department of Public Safety, which is currently headed up by Steve Simpson. Simpson is the one who basically fired Hayne, who made the contract with Levy’s firm, and he actively opposed the bill to bring Hayne back that the legislature was scheduled to vote on the day after Levy’s arrest. So it’s entirely possible that Levy was just a really dumb, really careless (but quite successful) doctor who for whatever reason also dealt marijuana on the side. But the timing of his arrest is incredibly coincidental, and the other details we know so far are . . . . really, really strange.
As I’ve covered this Hayne stuff it has occurred to me that HBO could make a pretty wicked dark comedy series about the autopsy/medical examiner business the south. Not only would they not need to change anything from what actually goes on to make the show more interesting, they’d probably need to leave some real-life events out to make it more believable.
The number of U.S. police officers who died in the line of duty is up 43 percent so far this year, according to an organization that honors fallen law enforcement officials.
The National Law Enforcement Officers Memorial Fund says that if the trend continues, 2010 could become one of the deadliest years for U.S. police agencies in two decades.
The fund was to release preliminary data Wednesday showing that 87 officers died in the line of duty between Jan. 1 and June 30. That’s up sharply from 61 officers killed during the first six months of last year.
Last year, on-duty officer deaths hit a 50-year low. So what’s behind the increase?
Eugene O’Donnell, professor of police studies at John Jay College of Criminal Justice in New York, said the number of officer fatalities fluctuates from year to year. However, he said he has noticed an “alarming frequency” of people targeting police.
“There has been a spate of particularly brutal and senseless attacks on the police,” said O’Donnell, a former police officer and prosecutor in New York. “It seems to me, an unprecedented level of disrespect and willingness to challenge police officers all over the place.”
He said a rise in mental health problems and scathing criticism of police, such as the comments found on some blogs, could be fueling the brazenness and disregard for authority.
That sounds like a huge leap. If you look at the National Law Enforcement Fund statistics, 42 of the 87 officer deaths so far this year were from automobile or motorcycle accidents, or from an officer struck by a vehicle. Thirty-one deaths were from gunfire, and 14 were from “other.”*
The 31 gunfire deaths so far this year are up from 22 in the first six months of last year. But I wonder what evidence O’Donnell has that would cause him to attribute an additional nine officer deaths among 900,000 active duty cops to an “unprecedented level of disrespect” and a sweeping trend of “scathing criticism” of cops on the Internet. I don’t know of a single case last year where there was evidence that an officer’s murder could be traced back to anger or resentment on a web forum. I obviously haven’t looked into all 31 officer shootings, but if there was even a hint of a suggestion that the Internet motivated someone to kill a cop, it’s the sort of salacious detail the media would have lapped up and obsessed over for days. And we’d need quite a few of those incidents to make a trend.
Reporters always look for explanations for these sorts of numbers, even when there may not be one. The number of cops intentionally killed while on duty is small enough—especially when compared to the total number of cops working—that nine additional gunfire deaths over six months may well just be a statistical hiccup. The problem comes when people cite figures like these to call for policy changes, or to defend current policies, that favor police protection over civil liberties. For example, it wouldn’t be difficult to envision a politician using O’Donnell’s quote to defend a policy of a arresting and imprisoning people who take cell phone videos of on-duty police officers.
(*The NLEF stats don’t differentiate homicides from accidental deaths. So it’s possible that some of the auto-related or “other” fatalities were homicides, and it’s also possible that some of the gunfire-related deaths weren’t.)
So it turns out that it’s illegal for a bar to show Showtime.
So we’ll have to postpone tonight’s meetup. But we’ll do one in Nashville soon.
Ah, the petty tyranny of power-tripping officials in small towns:
Elmhurst officials are considering creating a “disturbance and disorderly conduct” violation after a resident accused of rolling her eyes and sighing was ejected from a public meeting.
City Attorney Don Storino has been directed by the city’s finance and council affairs committee to look at various sources including “Robert’s Rules of Order,” Illinois state statutes and policies adopted by other municipalities for a legal definition of disorderly conduct and disruptive behavior.
He is expected to report his findings to the committee on July 26.
Ald. Stephen Hipskind said Darlene Heslop rolled her eyes and sighed while attending a June 14 committee meeting. Heslop, who was asked to leave the meeting, said she favors adding a definition of disorderly conduct to the municipal code.
“I’d like for them (city officials) to have a better understanding of the open meetings act and its meaning and to understand what disorderly conduct is,” she said.
Under state law, disorderly conduct is “an act in such unreasonable manner as to alarm or disturb another, or to provoke a breach of the peace.”
Heslop, who was asked to leave the meeting during discussion of a proposal for the city to hire a state lobbyist, which she opposes, said she hopes adding the definition will help city officials better understand “what the public is entitled to” when attending a city meeting or conducting city business.
Thanks to T.J. Brown for the tip.
Great piece by the Instapundit in Popular Mechanics.
Here’s how bad it has gotten: Not long ago, an Amtrak representative did an interview with local TV station Fox 5 in Washington, D.C.’s Union Station to explain that you don’t need a permit to take pictures there–only to be approached by a security guard who ordered them to stop filming without a permit.
Legally, it’s pretty much always okay to take photos in a public place as long as you’re not physically interfering with traffic or police operations. As Bert Krages, an attorney who specializes in photography-related legal problems and wrote Legal Handbook for Photographers, says, “The general rule is that if something is in a public place, you’re entitled to photograph it.” What’s more, though national-security laws are often invoked when quashing photographers, Krages explains that “the Patriot Act does not restrict photography; neither does the Homeland Security Act.” But this doesn’t stop people from interfering with photographers, even in settings that don’t seem much like national-security zones.
Tennessee law student Morgan Manning has compiled a list of incidents in which individuals were wrongly stopped. Cases like that of Seattle photographer Bogdan Mohora, who was arrested for taking pictures of police arresting a man and had his camera confiscated. Or NASA employee Walter Miller, who was stopped for photographing an art exhibit near the Indianapolis City-County Building and told that “homeland security” forbade photos of the facility. More recently, a CBS news crew was turned back from shooting the oil-fouled gulf coastline by two U.S. Coast Guard officers who said they were enforcing “BP’s rules.”
Unfortunately, Manning notes, although such hassling is generally illegal, it’s hard for the average citizen to get redress in court–how do you calculate the value of deleted snapshots or photos never taken in the first place?
My episode of Penn & Teller’s Bullshit! airs tomorrow night at 10 pm ET on Showtime. Below, a trailer from the episode. As I understand it, Richard Paey will also make an appearance.
For those of you in the Nashillve area, I’m still trying to find a bar that has Showtime and will let us use a TV with volume for an hour. If you would, let me know again if you can make it. Might be easier if I can give a rough estimate of how many people we can expect.
Sorry for the dearth of posts today. I’m on a couple deadlines.
But at midnight tonight, you can read the opening salvos in my weeklong debate over at the Economist on whether we should legalize gambling. Readers determine the winner.
I (barely) resisted the temptation to start by asking my opponent if he wanted to place a wager on the outcome.
Boing-Boinger, civil libertarian, MAKE magazine editor, and all-around cool guy Mark Frauenfelder has a new book out: Made by Hand: Searching for Meaning in a Throwaway World. I am one of the least handy people I know (save, of course, for hanging shelves). So Mark’s book is en route to my apartment, for both instruction and inspiration.
In a stretch of barren desert alongside Interstate 8 near Gila Bend that has become a corridor for human and drug smuggling, Maricopa County Sheriff Joe Arpaio and about 100 men staged a crime-suppression operation Thursday.
Arpaio brought with him a belt-fed .50-caliber machine gun that can shoot accurately up to a mile as a display of the kind of force he would use if anyone hurts a deputy.
“I am trying to send a message to Mexico,” he said. “We will not take anyone hurting our deputies. We will fight back.”
No word if Arpaio also brought his armored personnel carrier, which has been known to careen out of control and smash into lowly citizen automobiles.
Arpaio isn’t the only sheriff sporting a .50-caliber machine gun. As i wrote in 2008, Richland County, South Carolina Sheriff Leon Lott has one too, mounted to Lott’s own APC. He calls it “The Peacemaker.” I consulted an expert on the appropriateness of the weapon:
Charles Earl Barnett, a U.S. Marines veteran and retired police major who has served on several United Nations and NATO military and peacekeeping missions, says a .50-caliber machine gun is “completely inappropriate” for domestic police work. It “causes mass death and destruction,” Barnett says. “It’s indiscriminate. I can’t think of a possible scenario where it would be appropriate.”
I didn’t specifically ask him at the time, but I’m guessing Barnett would not be inclined to make an exception for “shooting at Mexicans.”
(Hat tip: Say Uncle)
….for insufficient evidence.
This according to the Twitter feed of Richard Abowitz, who’s covering the trial for Reason.
Someone needs to tell News 9 and the Oklahoma Bureau of Narcotics that as far as facepalm-stupid attempts to scare the crap out of parents with hysterical “next new drug” stories go, the “digital drugs” thing is so 2008.
(Thanks to Michael Chaney for the link.)
Strong editorial from USA Today. Riffing off the Anthony Graber arrest in Maryland, the paper opines:
This is an abuse of prosecutorial authority and a misinterpretation of state law. But it’s typical of the attitude of too many prosecutors and police toward people who record their encounters with law enforcement and are usually completely within their rights to do so.
Websites that monitor these cases have posted stories from around the country of police ordering people to stop videotaping or photographing them, sometimes violently. Most of the time, the police apparently either don’t understand the law or are deliberately misstating it to bully people into putting away their cameras or cellphones…
The opposing editorial from the International Union of Police Organizations is actually pretty tepid. It doesn’t come out in favor of or in opposition to these arrest, but warns that citizen videos can be misleading or falsified. Of course, that’s true of police dash cam and surveillance videos too. Or for that matter, police reports. I also interviewed a spokesman for the Fraternal Order of Police last week. That organization takes a harder line against citizen videos.
Meanwhile, here’s another account of a citizen who was harassed for photographing cops, this time in Washington, D.C.
So, there I was cigar in hand with camera in tote. I was walking down Pennsylvania Avenue, in the Georgetown section of the District of Columbia. After a fun and fulfilled day of taking pictures in DC, I was heading home and observed a traffic stop. I put out my cigar and started to take pictures from across the street.
I was to take a few shots and move on, but that’s not what happened, far from that. I was asked for “security reasons” why I was taking pictures. I told the officer that I just was getting pictures of the traffic stop for a collection, he asked for ID and in return I asked “am I being detained or am I free to leave” after dancing around the question, he finally stated that I was free to go. As he walked away another officer stated that I was being detained and that I needed to provide identification. She told me to put me camera away and stop recoding.
I was told by 4 officers that it is “illegal” to take pictures of people without prior consent on a public street, and unlawful to take pictures of the police with authorization from the DCPD PIO. That of course is false, in public people do not have an expectation of privacy. I was also told that I could not “record people, you need permission first” and one officer was quick to say “you don’t have mine”. Whats funny is the officer that informed me that I could not record people, pulled out her camera phone and started to audio and video recorded me.
D.C. is a one-party consent jurisdiction. So there was no reasonable explanation for the cops to tell this guy he couldn’t photograph or record them. By the time it was over, four cruisers and ten cops were on the scene . . . because a guy took some photos of a traffic stop. Frankly, it’s not enough that he merely wasn’t arrested. They tried to intimidate him into giving up his rights. I’ve written this before, but if citizens can’t claim ignorance when they’re cited for breaking the law, cops can’t be be allowed to get away with trying to enforce laws that don’t exist. It should be easy enough to identify these particular officers from the photographs. If the photographer’s account is accurate, they ought to be disciplined.
Let me start by saying I have no problem with LeBron James leaving Cleveland for a bigger city, for a team with more talent, for more money, or for any other reason to his liking. It’s his talent. His body. He’s free to market his skills as he pleases. But like just about everyone else outside of Miami, I thought his decision to schedule a 1-hour prime time special on ESPN to make the announcement was tacky and gratuitous. (And shame on ESPN for playing along.)
So I don’t blame Cleveland for hating him.
When LaBron and the Heat visit Cleveland for the first time next season, the game will almost certainly be nationally televised. Cleveland fans could go ahead and boo and hiss when James takes the floor as expected. But that would really be no different than the reaction of every other city who lost a hometown hero to a bigger market. As these things go, what James did to Cleveland was uniquely insulting. So when James comes back to town, Cleveland needs to come up with an appropriately unique collective middle finger to let James know just how his home city feels about him. It needs to be special.
Here’s my idea: Make him play before an empty arena.
Go ahead and buy your tickets to that game. Sell the place out. In fact, for this idea to work you may need to sell the game out way ahead of time. There’s no sense in punishing the Cavs organization for all of this. If you want, have a city pep rally or two the afternoon before the game to let current Cavs players know it’s nothing personal.
But come game time, don’t step foot in the arena. Do go downtown. Patronize the local bars and restaurants. Watch the game from a sports bar. Do some shopping. But keep your tickets in your pocket. Set a goal: See if Cleveland can set an all-time record for lowest attendance at an NBA game. Put so few people in the stands that LeBron’s first dribble actually casts an echo through Quicken Loans Arena. And on national TV to boot.
Any crowd can boo. This would show some civic commitment. It would take some coordination. Some advance planning. It would demonstrate a lingering anger still potent enough to compel an entire stadium of fans to eat the price of a couple tickets. And if it works, it would be a pretty awesome spectacle to behold.
Even better: There’s a pretty good chance that the first Miami/Cleveland game in Cleveland will be on . . . ESPN.
So I was thinking we could do a meetup somewhere next Thursday.
It could double as a viewing party for the criminal justice episode of Penn & Teller’s Bullshit! featuring some commentary from your humble Agitator.
Anyone have some ideas on where we could do it? We’d need to find a bar with a good-sized TV, and that would let us rope off some space to watch the show with volume.
Also, for planning purposes, how many of you think could make it? The show starts at 9 local time.