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What Everyone Should Know About Filming (and Sharing) Injustice on Social Media Print
Monday, 29 February 2016 09:18

van Moessner writes: "While citizen journalists may provide the video and photos that end up looping on mainstream media outlets, unlike their professional counterparts, they often go unpaid - and unprotected."

A protester confronts the police. (photo: Getty Images)
A protester confronts the police. (photo: Getty Images)


What Everyone Should Know About Filming (and Sharing) Injustice on Social Media

By Amber van Moessner, Mic

29 February 16

 

rmed with mobile devices and social media, citizen journalists around the world have become essential agents of democracy, bearing witness to criminal behavior and abuses of power that might otherwise remain obscured and unseen. That genie's not going back in the bottle. But the next time you happen upon an unfolding scene of injustice — particularly when police are involved — there are some things you need to know before you hit record.

When citizens become journalists — or, as New York University journalism professor Jay Rosen put it, "When the people formerly known as the audience employ the press tools they have in their possession to inform one another" — they step into uncertain territory, opening themselves up to physical danger, harassment and even arrest.

Know your rights. According to Jay Stanley, senior policy analyst with the American Civil Liberties Union's Speech, Privacy and Technology Project, the First Amendment rights of citizen journalists are clear.

"If you're in a public place, you have a right to take pictures of anything that's in plain view," Stanley told Mic. "The courts have been all but unanimous that it's a right protected by the First Amendment. It's never reached the Supreme Court... but the law is very clear, and we've had litigation around the country, and we've never lost."

So long as you aren't obstructing a walkway or actively interfering with a criminal investigation, documenting events that are plainly visible in public is a constitutional right. This includes photographing or recording police and government officials in public.

"If an officer asks you to stop filming," said Stanley, who created a handy guide for photographers who are stopped or detained, "remain polite, never physically resist and politely assert your rights and remind the officer you haven't done anything suspicious or illegal and that you have a constitutional right to take photographs."

Plan ahead. Of course, you can't predict when you might stumble upon injustice. But if you're going to a Black Lives Matter or Occupy demonstration, where conflicts may arise, there are some simple things you can do to prepare, such as download one of several apps that can notify friends or family when you've been detained. Just having contact info for legal aid is a good precaution in case of arrest.

Alex Vitale, a sociology professor at Brooklyn College in New York who has focused on police accountability for 25 years, recommends coordinating with other photographers to ensure at least one is shooting the action up close while another documents the entire scene from afar.

"What people should know is they do have a right to film the police as long as they don't interfere with the activities they're engaged in, Vitale said. "If a police officer tells them to leave or stop filming, they should say, while the camera is running, that they have a right to be here and [they're] not interfering in what [police are] doing. They should be willing to take a step back or so but should assert their right to be in the area and film what's happening."

Always be uploading. Keegan Stephan, a political organizer and activist who recently has documented the Black Lives Matter movement in New York City, says the first people police will target at a demonstration are the ones with cameras.

"I've had a camera knocked out of my hands, or they try to get between you and the camera," Stephan told Mic. What they have no right to do, however, is access your personal devices or request you delete anything without a warrant.

Vitale encourages those documenting police activity or protests to upload their footage continuously, using social media or the NYCLU app. "Even if you do end up getting arrested and your device is confiscated, that footage can be preserved, which may be crucial for your defense if the police try to claim you were interfering and you weren't," Vitale said.

Expect the arbitrary. Stephan recounted a recent incident when he was filming when an NYPD officer told him to move to the sidewalk or else be arrested. When Stephan objected, that he was not in violation of any laws, a superior ordered the officer to arrest him the moment he did obstruct the walkway. "They knew not to arrest me for filming," he said. "But the moment I was doing something they could arrest me for? They were singling me out for videotaping."

Stephan believes the increased attention on police behavior has just made them smarter about playing the game. Police have "gotten the memo," he said. "They know what rules they can break and get away with and what they can't."

Stanley sees this often at the ACLU. "We saw terrible abuses in New York around the Occupy protests in particular and that is a problem," he said. "The best hope is that these encounters are on video, but police officers do have a lot of discretion and most localities have broad ranging laws, such as 'disturbing the peace' or 'disorderly conduct.'" (Translation, said Stanley: "dissing a cop.")

Who's got your back? While citizen journalists may provide the video and photos that end up looping on mainstream media outlets, unlike their professional counterparts, they often go unpaid — and unprotected.

Ramsey Orta learned that after he watched — and recorded — an NYPD officer putting his friend Eric Garner in a fatal chokehold in 2014. His cellphone video of Garner, gasping, "I can't breathe," as four officers wrestled him to the sidewalk, went viral and further fueled the growing outrage over police use of deadly force on black citizens.

Law enforcement, activists and media have rightly focused their attention on Garner's death and also the fatal shooting of Walter Scott in April in South Carolina and the many other incidents of police violence captured on cellphone video. But what about the people holding the camera?

"From then on, I've been targeted by NYPD," Orta recently told Democracy Now's Amy Goodman. "I got five pending cases right now — two in Supreme Court, three in criminal. Since then, I've just been harassed."

Orta's claims have been dismissed by Patrolman's Benevolent Association President Patrick Lynch, but the timing of his arrest has raised questions and the legitimacy of the charges is an ongoing debate. (Mic submitted a request for comment to the NYPD's Office of the Deputy Commissioner, Public Information, and has not received a response at press time.)

Professor Robert Picard of the Reuters Institute for the Study of Journalism told Nieman Lab that "media organizations have a duty of care" for citizen journalists. "All media are increasingly relying on photos, video and information provided by citizen journalists," Picard said. "They have a moral obligation to speak out when authorities inappropriately constrain, detain or attack them."

Paul Moakley, Time's photo editor, re-edited Orta's video to include an interview with him about citizen journalism and police documentation. "Just pull out a camera. That's all people need," Orta says in the video. "Once we have proof, nothing can go against that." The video went on to win a World Press Photo award for both Moakley and Orta.

Brooklyn College's Vitale said he was "pretty disturbed by the lack of press coverage" around Orta's arrest and incarceration. "That should have been a high-profile issue," he said. "There should be some tough questions for the police from all the television stations and major media outlets that use that footage and covered the story."

Demand accountability. Citizen journalists are understandably frustrated that they can be arrested arbitrarily while the police who disregard their First Amendment rights see little or no consequences.

"It's no small matter to be arrested," Stanley said. "You have to decide what you're willing to do to stand up for your rights at that point. It's a difficult decision because police have an enormous amount of power."

For his part, Stephan is committed to his work with Black Lives Matter, despite the risk. He said documenting these protests "is the least a white ally can do," even if it results in an arrest or worse. "The NYPD has admitted you have the right to film them," he said. "They can ignore the Constitution and arrest you, but it's still worth it to help someone out who's in a worse situation than you."

Stephan added: "Until officers are publicly held accountable for these types of violations, they'll continue to do it. They need to know they'll be disciplined... and that's just not happening."

"Photography is a form of power, and police officers, like everyone else, don't like to give up power, so I think we will continue to see battles of various kinds over this right," Stanley said. 


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Eight Memorable Passages From Apple's Fiery Response to the FBI Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=35868"><span class="small">Jenna McLaughlin, The Intercept</span></a>   
Sunday, 28 February 2016 14:19

McLaughlin writes: "It's a legal motion for the ages. The response Apple lawyers filed Thursday to a court order that the company write software to defeat its own security protocols is exhaustive, fiery, accessible, and full of memorable passages."

Apple's iPhone. (photo: Bryan Thomas/Getty Images)
Apple's iPhone. (photo: Bryan Thomas/Getty Images)


Eight Memorable Passages From Apple's Fiery Response to the FBI

By Jenna McLaughlin, The Intercept

28 February 16

 

t’s a legal motion for the ages.

The response Apple lawyers filed Thursday to a court order that the company write software to defeat its own security protocols is exhaustive, fiery, accessible, and full of memorable passages.

The lawyers were asking a federal magistrate judge to vacate what they called her “unprecedented and oppressive” order demanding that Apple design and build software to hack into an iPhone used by San Bernardino killer Syed Rizwan Farook.

And they were relentless.

Years from now, people will look back and recall:

  1. When Apple called the government out for trying to make Apple compromise on its security when the government itself has terrible cyber hygiene:


  2. When Apple said the government was stoking fear but was too afraid to make its case before Congress:


  3. When Apple said the Department of Justice and the FBI were lying because they knew full well this case isn’t about just one phone:


  4. When Apple pointed out that the government reset the phone’s password without asking Apple for help first:


  5. When Apple told the world about how the government obtained the court order in secret and then told reporters about it before Apple had a chance to respond:


  6. When Apple pointed out that the FBI director was behaving somewhat suspiciously:


  7. When Apple pointed out that it couldn’t just write the software then destroy it and forget it ever existed:


  8. When Apple spelled out the potential consequences for companies in the future if the FBI succeeds:



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Iran Election Results Show That When US Rewards Pragmatists, They Win Print
Sunday, 28 February 2016 14:15

"Early results in Iran's parliamentary elections suggest that the centrists, pragmatists and independents will have more seats than the Khomeinist far right. For the first time since the 1979 revolution, no one bloc will dominate the national legislature."

Iranian President Hassan Rouhani. (photo: Raheb Homavandi/TIMA/Reuters)
Iranian President Hassan Rouhani. (photo: Raheb Homavandi/TIMA/Reuters)


Iran Election Results Show That When US Rewards Pragmatists, They Win

By Juan Cole, Informed Comment

28 February 16

 

arly results in Iran’s parliamentary elections suggest that the centrists, pragmatists and independents will have more seats than the Khomeinist far right. For the first time since the 1979 revolution, no one bloc will dominate the national legislature.

The far right had had 66% of the 290 seats in the previous parliament.

The Iranian system is characterized by dual sovereignty. It has an elected set of institutions, including the national legislature and the presidency. The 88-member Assembly of Experts is also directly elected (and it was elected alongside parliament on Saturday). It in turn selects the next clerical Leader and supervises his activities.

The more important institutions are the clerical ones, including the office of the clerical Leader and the judiciary, who are not elected by the people. The leader in turn appoints the officers of the military, the national guard (the Iranian Revolutionary Guards Corps), and the intelligence services.

I am not using the vocabulary of reformists and hard liners because we don’t talk about US politics that way. We usually put politics on a spectrum, from left to right. I think we know that the right in the US often values property over human beings, while the left does the opposite.

There aren’t really any leftists in the Iranian parliament, and nor are there liberals. People who might have approximated those positions were disallowed from running by the Guardianship Council.

President Hassan Rouhani is a former arch-conservative who moved to the center, becoming a pragmatic centrist. And that is the spectrum in the parliament, from pragmatic centrist on the left to the Khomeinist far right believers in theocracy.

In the election for the Assembly of Experts, a body sort of like the Roman Catholic college of cardinals, Rouhani and his pragmatist ally Akbar Hashemi Rafsanjani were leading Saturday night. To have pragmatists play a central role on that institution is incredibly important, both for how Iran is governed in the meantime and for the selection of the next Leader (incumbent Ayatollah Ali Khamenei is in his 70s). This Assembly of Experts will sit for 8 years and could well choose the next clerical Leader of the country.

As for parliament, pragmatic centrists will likely make up 30% of seats,and independents will be another 20 percent. The far right will have the other half of seats but won’t be able to legislate unilaterally.

The significant improvement of the situation for pragmatists (many independents will vote with them) reflects President Obama’s successful diplomacy and the consequent popularity of President Rouhani, who got international sanctions lifted by accepting limitations on Iran’s nuclear enrichment activities.

In contrast, when Mohammad Khatami was elected president in 1997-2005, the Clinton and Bush white houses more or less stiffed him.. Since he had nothing to show for his pragmatic outreach, in 2005 the voters chose as his successor the quirky and far rightwing Mahmoud Ahmadinejad.

The lesson? Diplomacy works.


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3 Questions We Have to Answer About Climate Change Print
Sunday, 28 February 2016 13:52

Gore writes: "Will we change? While the answer to this question is up to all of us, the fact is that we already are beginning to change dramatically."

Al Gore. (photo: Reuters)
Al Gore. (photo: Reuters)


3 Questions We Have to Answer About Climate Change

By Al Gore, EcoWatch

28 February 16

 

ast week, I had the pleasure of participating in TED Talks 2016 where I discussed many of the challenges presented by the climate crisis. But a powerful shift has been taking place, and it is clear that we will ultimately prevail.

Here’s why:

There are now only three questions we have to answer about climate change and our future.

Each day we spew 110 million tons of heat-trapping global warming pollution into the very thin shell of atmosphere surrounding the planet, using it as an open sewer for the gaseous waste of our industrial civilization as it is presently organized. The massive buildup of all that man-made global warming pollution is trapping as much extra heat energy every day as would be released by 400,000 Hiroshima-class atomic bombs exploding every 24 hours. That, in turn, is disrupting the hydrological cycle, evaporating much more water vapor from the oceans, leading to stronger storms, more extreme floods, deeper and longer droughts, among other climate related problems. Fourteen of the 15 hottest years ever measured have been in this young century. The hottest of all was last year. So YES, we must change!

2. CAN we change? And the answer, fortunately, is now YES!

We’re seeing a continuing sharp, exponential decline in the cost of renewable energy, energy efficiency, batteries and storage—and the spread of sustainable agriculture and forestry—giving nations around the world a historic opportunity to embrace a sustainable future, based on a low carbon, hyper-efficient economy. Indeed, in many parts of the world, renewable energy is already cheaper than that of fossil fuels—?and in many developing regions of the world, renewable energy is leapfrogging fossil fuels altogether—?the same way mobile phones leap-frogged land-line phones. And these dramatic cost reductions are continuing.

3. WILL we change?

While the answer to this question is up to all of us, the fact is that we already are beginning to change dramatically.

In December, 195 nations reached a historic agreement in Paris, which exceeded the highest end of the range of expectations. And the Paris Agreement is just the most recent example of our willingness to act. Much more change is needed, of course, but one of the binding provisions of the Paris agreement requires five-year transparent reviews of the action plans put forward by every nation, and the first will begin in less than two years, so now is the time to build the momentum for the actions needed.

Businesses and investors are already moving. And with the continuing cost-down curves for renewable energy, efficiency and energy storage, it will get easier year by year to win this historic struggle.

There are many, many more examples of powerful responses to this moral challenge. They all give me confidence that we are going to win this.

It matters a lot how quickly we win, and some still doubt that we have the will to act on climate, but please remember that the will to act is itself a renewable resource.

I hope you will take the time to watch the 20-minute video embedded above. And I hope that you will personally take action to “become the change we need to see in the world.”


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FOCUS: Who Killed Antonin Scalia? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=20877"><span class="small">William Boardman, Reader Supported News</span></a>   
Sunday, 28 February 2016 11:41

Boardman writes: "Clearly the handling of Scalia's death, from the discovery to the removal of his body from Cibolo Creek Ranch, was sloppy and tone deaf, riddled, as it were, with argle-bargle and applesauce, leaving lots of questions unanswered."

Supreme Court Justice Antonin Scalia. (photo: Shawn/Flickr)
Supreme Court Justice Antonin Scalia. (photo: Shawn/Flickr)


Who Killed Antonin Scalia?

By William Boardman, Reader Supported News

28 February 16

 

Unofficially, as his family knew, Scalia was old, unwell, and frail

he official version of Associate Justice Antonin Scalia’s death at a remote Texas luxury resort during the night of February 12-13 is that he died of natural causes, in bed alone and without any witness, time of death unknown. While there’s little forensic evidence to support this or any other conclusion, there’s even less evidence to challenge it. What, after all, is not credible about a 79-year-old, overweight man with heart disease and other medical issues dying in his sleep after overindulging at a dinner party for forty people?

Scalia, unlike Associate Justice Ruth Bader Ginsburg, has long been secretive about his health, one of those anti-democratic traditions at the Supreme Court more honored in the breach then the observance. Even now there is no publicly available, authoritative assessment of Scalia’s health as he approached death, but various medical sources have said the longtime smoker was suffering from heart disease, high blood pressure, obesity, diabetes, sleep apnea, a damaged shoulder in need of surgery, and a general weakness that made that surgery inadvisable. One might reasonably infer that Scalia was taking medication for his conditions, including a pain killer, but confirmation of this is not easily available. The man had the look of corpulent corruption reflecting the bloated self-satisfaction of a Medici courtier. Whatever the medical reality of Scalia’s health, the existential reality is that he outlived his Biblically-allocated three-score and ten by nine years.

Let us stipulate from the start that, as a person, Antonin Scalia may actually have been even as wonderful as so many of his friends and associates now claim. This hardly matters to public policy, good-natured people die every day without much notice. But who among those anonymities has done as much harm to constitutional law and humane principle as this democracidal jurist in a lifetime of narcissistic bench-clowning? Scalia’s raw contradictions cause cognitive dissonance for many, but Ruth Bader Ginsburg weaves them together almost surgically in her understated official comment:

Toward the end of the opera Scalia/Ginsburg, tenor Scalia and soprano Ginsburg sing a duet: “We are different, we are one,” different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve. From our years together at the D.C. Circuit, we were best buddies. We disagreed now and then, but when I wrote for the Court and received a Scalia dissent, the opinion ultimately released was notably better than my initial circulation. Justice Scalia nailed all the weak spots – the “applesauce” and “argle-bargle” – and gave me just what I needed to strengthen the majority opinion. He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh. The press referred to his “energetic fervor,” “astringent intellect,” “peppery prose,” “acumen,” and “affability,” all apt descriptions…. He was, indeed, a magnificent performer.

With artfully subtle grace, Justice Ginsburg grants Justice Scalia his “reverence” for the Constitution, she praises him for editorial precision and strews performance encomiums in his wake. And in the midst of all that, she ultimately leaves him outside the majority, where he was simply wrong. “Now and then,” as she notes, he was wrong. Magnificent as his performance art may have been, Ginsburg makes clear, he was too often wrong on the merits.

Why handle the death of a controversial political partisan so casually?

Not every hotelier expects a controversial political celebrity suddenly to drop dead in the presidential suite, but the “historic 4-star” Cibolo Creek Ranch, “established 1857,” which has a celebrity-rich clientele, seems never to have planned for this remote but obvious possibility during more than 20 years of resort operation. In our current political zeitgeist, it takes no deep thought to imagine that the sudden, unexpected death of a polarizing Supreme Court justice might invite radical speculation as to what actually happened and why. So what planet do those who “investigated” Scalia’s death live on? None of them have yet offered a credible explanation for treating Scalia’s death as something less than a run-of-the-mill event best handled with a casual, detail-free approach with no conscientious record-keeping for an event that was an obvious, open invitation to conspiracy theorizing (made all the easier the more details are unknown or uncertain).

Why did resort-owner John Poindexter, Texas law enforcement, Texas judicial authorities, the U.S. Marshals Service, and everyone else involved in post mortem events perform in such a lackadaisical manner so indifferent to professional protocol? Yes, they all apparently acted within the law, but the law didn’t the require attention to detail that should have been a no-brainer in such a high-profile death: treat it as a crime scene until it’s clear there’s no crime. Here is the apparent timeline of Scalia’s death as handled by all these unprofessionals:

  • Friday, Feb. 12: Scalia and an unidentified lawyer [C. Allen Foster, 74, prominent Washington lawyer, according to Washington Post Feb. 24] travelling with him fly gratis in an unidentified private plane from Houston. The plane lands on the private, mile-long airstrip at the Cibolo Creek Ranch, where the justice and the lawyer are guests of the owner, 71-year-old billionaire John Poindexter (who had a 2015 age discrimination case against him before the Supreme Court, which decided not to hear the case).

  • Friday evening: Scalia attends a dinner party with some 40 other guests of Poindexter (all still unnamed). Poindexter later says Scalia enjoyed himself and went up to his room about 9 p.m.

  • Friday evening/Saturday morning: Scalia dies, time unknown.

  • Saturday, Feb. 13, around 8:30 a.m.: According to Poindexter, other guests were up and he went to wake Scalia; the door was locked and Scalia did not respond, so he was left undisturbed. (It is not clear whether anyone accompanied Poindexter.)

  • Saturday, around 11:30 a.m.: According to Poindexter, he returned to Scalia’s room with the unnamed lawyer travelling with Scalia. They found Scalia lying on his back in bed, his hands folded on top of the sheets, his body cold, without a pulse (who took his pulse is unknown). Poindexter later told the San Antonio Express-News: “We discovered the judge in bed, a pillow over his head. Everything was in perfect order. He was in his pajamas, peacefully, in bed. His bed clothes were unwrinkled. He was lying very restfully. It looked like he had not quite awakened from a nap.” (Poindexter would later say that the pillow was not “over” Scalia’s face, but “above” his head; there are no known photographs of the deathbed until after the body was removed; the room was not treated as a crime scene.)

  • Saturday, mid-day: Poindexter, a Viet-Nam vet with unknown medical expertise, says he next consulted by phone with a nearby doctor, concluding that attempts at resuscitating Scalia would have been futile, so no attempt was made. Poindexter has not said who else, if anyone, had access to Scalia’s room.

  • Saturday, mid-day: After deciding against resuscitation, Poindexter calls the U.S. Marshals Service, which is responsible for security for Supreme Court justices (Scalia had declined having security on this trip). After some difficulty, Poindexter reaches the Marshals Service and is told to let none of the guests leave.

  • Saturday, mid-day: Poindexter also calls County Sheriff Danny Dominguez, who is the first responder on the scene. He determines that Scalia’s death did not involve foul play. It is not known how he determined that.

  • Saturday, around 2:30 p.m.: The first of several U.S. Marshals arrives at the ranch by helicopter and the compound is “secured.”

  • Saturday, mid-afternoon: Poindexter calls local judicial officials for inquest and death certificate. After two others refuse, Presidio County Judge Cinderela Guevara heads for the ranch. The sheriff and the marshals there tell her there was no foul play and her presence is unneeded. She turns back and issues a death certificate by phone. All this is arguably legal under Texas law.

  • Saturday afternoon/evening: Marshals eventually move Scalia’s body to a funeral home, but only after a decoy hearse is dispatched to mislead reporters on the scene. (According to The New York Times of Feb. 21, the Marshals Service released a timeline detailing their activities handling Scalia’s death, but a search of the U.S. Marshals website and multiple phone calls elicited no such document or even confirmation of its existence. Sidestepping the way Scalia’s death was handled, a marshals spokesman told the Times: “Our folks never indicated that anything seemed amiss or unusual, but that wasn’t our role…. We weren’t there to make any determination like that, so I’m not going to be drawn into that.”

  • Saturday, around 8 p.m.: County Judge Guevara, having spoken with Scalia’s doctor directly by phone and with his family indirectly (by phone through the lawyer travelling with the justice), satisfies herself that Scalia’s health was marginal and that his family does not want an autopsy. She rules that his heart stopped from natural causes and does not order an autopsy. (So far as is known, no one asked the judge to order an autopsy. One of the justices of the peace contacted earlier said later that if it had been up to her, she would have ordered an autopsy.)

Clearly the handling of Scalia’s death, from the discovery to the removal of his body from Cibolo Creek Ranch, was sloppy and tone deaf, riddled, as it were, with argle-bargle and applesauce, leaving lots of questions unanswered. That’s unarguable, but is it material?

Nut circle fringe accuses President Obama of Justice-cide in Texas

For some, unanswered questions were direct evidence that Scalia was assassinated. “This is the season of treason…. This is the takedown of America, this is the globalist takeover,” broadcast Alex Jones on Infowars.com, where he wondered if Justice Clarence Thomas would be next. Jones said he’s stayed frequently at Cibolo Creek Ranch. Not surprisingly, there are assorted observers (i.e., Breitbart, The Blaze, Savage Nation, Liberty News Now, Jon Pappoport, Drudge Report, and others) questioning the official story and/or offering accounts of Scalia being murdered: by smothering (the “pillow over his head”); by a heart-attack bullet (no one looked for a wound); by poison (someone meddled with his medication or something); or by satanic ritual (the International Order of St. Hubertus, a secret society of hunters, was at the ranch). Usually the killing is blamed on President Obama, but one version pins it on Hillary Clinton, whose motive is to appoint Obama to the Supreme Court. Another argues that the Bush family killed Scalia because he was about to reveal the truth about 9/11.

None of this is very surprising, I suppose, after all these years, not at the internet level. But the mindset reaches deeper into our culture than one might suspect, to Vermont’s oldest weekly, the Vermont Standard in Woodstock, a largely unedited broadsheet that serves as an amplified shopper and bills itself as “voted best small newspaper in New England.” Citing John Grisham’s The Pelican Brief (an oil-driven conspiracy killing of two Supreme Court justices) for context, one of the Vermont Standard’s weekly columnists wrote:

Now Scalia is gone. His body was barely cold when it was announced that he had died of “natural causes.” There had been no time for an autopsy, and there may never be one. There are suggestions that he was found with a pillow over his face and his hands neatly folded. (Echoes of the Vince Foster alleged suicide?) Some think this may have been done as a message to others who dared to oppose the march towards an all-powerful central government…. One writer has speculated that Scalia may have been “eliminated” because “he stood between Obama’s goals for an America without a Constitution, without Second Amendment Rights, without rights for the unborn?”… an important jurist has died seemingly before his time…. There is a decided “Pelican Brief” element to this story, which is difficult to ignore.

Actually it’s not so difficult to ignore. So far the evidence includes no smoking gun, never mind any bullet holes. The case for murdering Scalia is no stronger than the case that he committed suicide: Scalia had sleep apnea, he had a machine that helped him live and breathe through the night, he had not used it, he had ignored it – on purpose…?

“The evil that men do lives after them; The good is oft interred with their bones.” [Julius Caesar III/ii]

What should actually be difficult for most Americans to ignore is the quality of Justice Scalia’s life and thought, and its impact on the country. Jeffrey Toobin in The New Yorker put it succinctly: Scalia “devoted his professional life to making the United States a less fair, less tolerant, and less admirable democracy. Fortunately, he mostly failed.” Like Toobin, New York Times Supreme Court reporter Linda Greenhouse cites case after case after case where Scalia has taken positions consistent only with his personal bias, sometimes at great cost to the rest of us.

Scalia’s poisonous narrow-mindedness toward what he called “the homosexual agenda” and LGBT people generally may have failed to become law, but coming from a Supreme Court justice has made it seem more legitimate and has reinforced American intolerance, with little direct rebuttal or mitigation from his eight fellow justices, despite their upholding marriage equality.

Scalia’s deeply rooted racism was less overt than his gay bigotry, but it showed in his willingness to override Congress on voting rights, his willingness to speak of the “perpetuation of racial entitlement” when referring to black lives that remain the most popular target of cultural venom, and his willingness attack affirmative action by arguing that some minority students should go to “a less advanced school, a slower-track school where they do well.” Would he say such a thing about dumb white Catholics? Or was a part of him aware that it’s still easier for a stupid white kid to graduate from college than a smart black kid.

These sources of Scalia’s hate speech, the same sources of too many Americans’ hate speech, attack not just our democratic politics, but our human decency and tolerance. Scalia fed the fires of intolerance in practical ways as well, opening the way for the richest bigots to buy the most elections. Most recently he sided with those who would rather do nothing about the global threat of climate change. And in 2000, this hypocrite of an “originalist” joined the Supreme Court majority that chose the next president, just the way the founding fathers never imagined.

Asked about Bush v. Gore years later, Scalia showed no regret for empowering a president who lied us into war, glorified kidnapping and torture, and managed the economy into crisis, among his worst policies. In response, Scalia said only: “Get over it.”

No one killed Antonin Scalia. He was dead on arrival. It remains to be seen how many of the rest of us he will take with him.



William M. Boardman has over 40 years experience in theatre, radio, TV, print journalism, and non-fiction, including 20 years in the Vermont judiciary. He has received honors from Writers Guild of America, Corporation for Public Broadcasting, Vermont Life magazine, and an Emmy Award nomination from the Academy of Television Arts and Sciences.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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