Carrie Prejean Dishonors The First Amendment

In last month’s Miss USA pageant, Carrie Prejean replied to Perez Hilton that she believed that marriage should be defined as between one man and one woman. That response ignited a controversy that extended well beyond her role as Miss California. The controversy has since snowballed into a soapy opera that is dripping with deceit, pornography, and greed.

This morning Prejean’s crown was pulled from the fire by pageant owner Donald Trump with his pronouncement that she will be permitted to continue her reign. But there is a story here that diverges from the debate over gay marriage and beauty queens. And it’s a story that has just as much impact on Constitutional liberties.

Much of the debate circling around Prejean has been focused on the content of her answer and whether same-sex marriage should be recognized under the law. But underlying that discussion were allegations that she was being discriminated against for her point of view and/or her religion. She was amongst the first to decry what she felt was the violation of her right to free speech. But she was not the last. Numerous pundits piled on with their hysterical assertions that Prejean was not being allowed to speak.

That imaginary allegation peaked this morning with the speech Prejean gave (YouTube) during a news conference with Trump. The speech presented a severely contorted view of the First Amendment and her rights under it. First of all, since there was no government entity involved with any of the alleged stifling, the First Amendment was not violated because the law only applies to suppression by the state. But even her complaints that she was unable to express herself were absurd fabrications. At the press conference she said:

“Three weeks ago I was asked a politically-charged question with a hidden personal agenda. I answered my question honestly and sincerely from my heart […] As [Perez Hilton] was trying to be self-promoting and hateful while I have remained silent since, I am honored to be here today to finally let my voice be heard and address the hateful attacks, despicable rumors and false allegations I have had within the last three weeks.”

I’m not even going to enter into speculation about how Prejean knew there was a “hidden personal agenda” or her disparagement of Hilton as “hateful,” and “self-promoting” (like beauty pageant contestants don’t promote themselves). But her statement that she has “remained silent” until today and that only now can she “finally let [her] voice be heard.” is outright delusional. She has been a fixture on TV news for most of the three weeks since losing the Miss USA pageant. She has been interviewed by Sean Hannity, Neil Cavuto, Megyn Kelly, and Courtney Friel – all of Fox News. In addition she appeared with James Dobson (Focus on the Family), Pat Robertson (700 Club/CBN), and Matt Lauer (Today/NBC). If that represents suppression of speech, what on Earth would free expression require? Perhaps her own primetime network talk show? In her speech she also offered a tearful remembrance of her veteran grandfather:

“On April 19th, on that stage, I exercised my freedom of speech and I was punished for doing so. This should not happen in America. It undermines the Constitutional rights for which my grandfather fought for.”

So what’s all the fuss about about? Here she admits that she was in fact allowed to exercise her freedom of speech. Her assertion that she was punished for doing so is utterly without foundation. Some reports indicate that she was behind in scoring even before her fateful question. It appears that what she is actually bemoaning is that there is also freedom of expression for anyone who happens to disagree with her. She is one of those who believes that free speech is defined as the right to speak your mind without fear of rebuttal.

There is a peculiar irony in the fact that Prejean is so disturbed by her imagined slights; that after flooding the airwaves with her opinions, she perceives herself as being silenced. But she has only praise for Trump and the pageant operators who are affirmatively constricting her public appearances and utterances:

Meanwhile, if Ms. Prejean wants to speak publicly about same-sex marriage in the future, she will have to go through the Miss California USA pageant officials to discuss the platform where she will speak and how she will present her opinion.

“We’re not changing our rules for Carrie,” Keith Lewis, a co-executive director of the California pageant, said in an interview. “We’re bringing her back into compliance with her contract; every appearance is approved by us, every statement is a reflection of us.” He said that if she is asked about her views, she should answer honestly, but that pageant officials would help her “fine tune” her response so that it “is accommodating to both parties.”

Wait a minute. Didn’t she just finish saying that “That should not happen in America?

When people exploit false arguments that rely on claims to Constitutional liberties, they trivialize those liberties. It is a form of crying wolf that harms all of those who have legitimate grievances. Prejean’s views on marriage are her own business, and she has a right to form and convey her opinions as she chooses. But that right does not include imposing a gag on everyone else. She must be tolerant of opposing views and she ought not to wrap herself in the Constitution when her situation is so far removed from any reasonable interpretation of it.

In the case of Carrie Prejean, not only was she not constrained by the government, she was not constrained period. And whining about her perceived victimhood makes for a distinctly unattractive beauty queen.

Update: This was inevitable: Prejean has been tapped to fill in for Gretchen Carlson (Miss America, 1989) on Fox & Friends on May 27. Also, Sarah Palin (Miss Wasilla, 1984) made a statement in support of Prejean wherein she doubled down on the misunderstanding of the First Amendment.

Why We Need A Blogosphere

Television news was a great idea. Just think of it: A box that sits in your living room and brings you important information from around the block or around the world. Sounds too good to be true. And apparently it is.

Whatever value television adds to the distribution of news must be weighed against the harm it produces through its incorporation of bias, selective editing, and the pursuit of its own self interest.

SpinComFor example, last year David Barstow of the New York Times wrote a meticulously well researched and documented story that should have sparked a national uproar. The story described how the Pentagon in the Bush administration conspired to train and deploy former military personnel to spread propaganda in support of the war in Iraq. And if that weren’t bad enough, the program also permitted them to use their high profile media platform to enrich themselves and the defense contractors to whom they were attached.

Barstow’s story was received with what some call a “deafening silence,” particularly from the TV news community. Then, last week, Barstow won a Pulitzer Prize for the story. The silence built into a crushing whisper. Even progressive media icons like Keith Olbermann and Rachel Maddow only glanced over this story. Obviously there are strong arm tactics being employed to prevent the public from learning that our government purposefully and unlawfully engaged in propaganda directed squarely at us. The TV news networks are simply covering their own asses since it was primarily their facilities that hosted the phony military analysts.

Yesterday, Barstow was interviewed by Amy Goodman of Democracy Now to discuss the announcement that the Pentagon inspector general’s office had withdrawn its own report that had previously exoneraed the program. In the interview Goodman asked Barstow to comment on the lack of reporting on his story. Barstow said…

“You know, to be honest with you, I haven’t received many invitations-in fact, any invitations-to appear on any of the main network or cable programs. I can’t say I’m hugely shocked by that.”

“On the other hand, while there’s been kind of deafening silence, as you put it, on the network side of this, the stories have had-sparked an enormous debate in the blogosphere. And to this day, I continue to get regular phone calls from not just in this country but around the world, where other democracies are confronting similar kinds of issues about the control of their media and the influence of their media by the government.”

“So it’s been an interesting experience to see the sort of two reactions, one being silence from the networks and the cable programs, and the other being this really lively debate in the blogosphere. “

When an important and newsworthy story that exposes government wrongdoing at the highest levels – a story that appears on the front page of the New York Times and wins a Pulitzer Prize – cannot get the attention of television news outlets, there is something seriously wrong with that medium. When a respected journalist has to console himself with having his story get traction only on the Internet, it tells us a great deal about how corrupt the corporate-run news divisions of America have become.

Barstow should not have to be satisfied with generating lively debate in the blogosphere. The revelations in his article illustrate a betrayal of trust on the part of our government. The public deserves and needs to know the facts about this affair. But the failure of the television news enterprises to responsibly carry out their duties is also a betrayal of trust. How are we supposed to rely on their journalistic integrity if they refuse to exhibit any?

I don’t expect Sean Hannity to be issuing an invitation to Barstow anytime soon. Fox News has always been as deeply integrated into the Bush administration’s propaganda machine as any of these Pentagon Pundits. But if Olbermann, Maddow, Ed Schultz, or even Chris Matthews don’t extend an invitation to Barstow, then we need to let them know that they are failing to serve the public and they are buckling under to a media conspiracy to keep the people ignorant.

If it embarrasses NBC/MSNBC to admit that they participated in this charade, they need to suck it up, take responsibility, and ask for forgiveness. Permitting these phony analysts on their air was bad enough. They should not compound the offense by attempting to cover it up.

Barstow is right about the blogosphere. But we need to shape it into something more than a forum for debate. We need to use it to make the old media behave responsibly; to hold their feet to the fire. And this is as good an issue as any with which to assert that principle.

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The Fox News Blackout Of President Obama

Granted there are a lot of stories vying for coverage these days. The economy, AIG bonuses, the fiscal stimulus bill, etc. There are also a couple of wars, a health care crisis, and a dangerously warming planet (in case anyone still cares about those trivialities). But since when did the President of the United States cease to be newsworthy?

The past three days has seen President Obama making appearances around the country in support of his economic program. Some of those appearances were town halls that included questions from the public. It would not be an exaggeration to say that the issues at play are amongst the most serious our country has encountered in decades. So how has the media handled these events?

CNN and MSNBC have broadcast some or all of Obama’s appearances live.
Fox News has broadcast NONE of them.

It appears that Fox News has decided to refrain from any coverage of the President other than that which has been prepackaged by their in-house cadre of anti-Obama ranters. They are preserving their airtime for scripted hit pieces where they can selectively misrepresent Obama’s remarks and follow that up with vitriolic responses to outrages that they have invented.

For anyone who still thinks that Fox should be treated as a bona fide news enterprise, this should put the final coffin nail in that point of view. And if Fox News isn’t going to cede any airtime to the President, than Democrats should respond in kind by not appearing on Fox News. If Democrats submit to this blatant unfairness, they are, in effect, rewarding Fox for discriminating against them.

It has been obvious for years that Fox is a partisan cheerleader for Republicans and an active basher of Democrats. But this behavior is beyond the pale. Fox has implemented a de facto blackout of the President in unedited public forums. This is a deliberate tactic to control their message by preventing the administration from communicating freely with citizens.

If Fox wants to manipulate the news, and the public’s access to their leaders, they must not be permitted to do it with the help of other Democrats. We must let Fox know that they aren’t getting away with anything. We know what they’re up to, and we won’t be accomplices to it. This overt censorship must not be tolerated.

It’s as simple as this: STAY THE HELL OFF OF FOX NEWS!

Bush Era Of Secrecy May Be Coming To An End

George W. Bush has presided over the most secrecy-obsessed administration in the history of the country. More documents have been classified than at any other time. White House officials have defied court orders to disclose data, calendars, and emails. They even claimed that the vice-president was not subject to Congressional demands for information from the White House because he was not a part of the executive branch of government.

Bill Moyers, in a superb speech commemorating the 20th anniversary of the National Security Archive brilliantly articulated the urgency with which Bush pursued the suppression of public data:

“Bush and Cheney have made the Freedom of Information Act their number one target, more fervently pursued for elimination than Osama Bin Laden. No sooner had he come to office than George W. Bush set out to eviscerate both FOIA and the Presidential Records Act. He has been determined to protect his father’s secrets when the first Bush was Vice President and then President – as well as his own. Call it Bush Omerta.”

Last week some sunlight pierced the Bush-imposed darkness:

The end may finally be in sight to the seven-year battle historians and archivists have waged to overturn President Bush’s Executive Order 13233 of November 2001 that restricted access to presidential records. On January 7, 2009, the House of Representatives approved H.R. 35, the “Presidential Records Act Amendments of 2009,” by an overwhelmingly bi-partisan vote of 359-58.

The bill offered by Edolphus Towns (D-NY) has now been sent to Joe Lieberman’s Homeland Security Committee in the Senate where it is expected to be welcomed and passed. Previous versions of this legislation were held up by Senate Republicans and threatened with a Bush veto. At this time, such opposition is not given much credence as the bill could likely muster 60 votes to achieve cloture and President-elect Barack Obama appears to be supportive. While not explicitly citing Bush’s Executive Order, Obama’s ethics agenda includes this statement:

Release Presidential Records: Obama and Biden will nullify attempts to make the timely release of presidential records more difficult.

The National Coalition for History, a non-profit educational project hosted by the Center for History and New Media at George Mason University, has composed a detailed description of the bill’s provisions. Here is a summary:

  • Overturn Bush Executive Order 13233
  • Establish a Deadline for Review of Records
  • Limit the Authority of Former Presidents to Withhold Presidential Records
  • Require the President to Make Privilege Claims Personally
  • Eliminate Executive Privilege Claims for Vice Presidents
  • Deny Access to Anyone Convicted of a Crime Relating to the Archives

Passage of this bill would mark a profound step back from Bush’s attempts to conceal the crimes and corruption of his office. Joseph Wheelan, of George Mason University’s History News Network, expressed the very real risks of allowing the Bush Doctrine of Secrecy to endure:

“Executive Order 13233 portends a day when spin, the currency of politics, may become the province, too, of presidential history. One can envision a future when a presidential library’s watchdogs would allow only ‘safe’ historians to sift through the library’s holdings for material to cook up a bracingly whitewashed version of his subject’s actions. Objective historians, denied access to the panegyrist’s primary sources and all the juicy details, would be placed at a severe disadvantage. Which version do you think would get the seven-figure publishing advance and the lavish promotional campaign?”

Rep. Towns, and his colleagues in the House, have done a great service to the country with the passage of this bill. In a comment to the press, Towns said:

“President Bush’s executive order created an imbalanced and restrictive process. The Presidential Records Act preserves the important intent of the original post-Watergate law, which was to assure timely accessibility and preservation of official White House records for historical and, if necessary, legal purposes.”

The emphasis added at the end of that quote was mine, because of the hope it implies that justice can still be achieved, that the criminality of the outgoing administration does not go unpunished, and that their unconstitutional behavior is not set as a precedent.

I have long advocated that Executive Order 13233 be rescinded by the next Democratic president. Now Obama has the chance to do that with the added force of law behind it. I expect that he will gladly follow through, but first it has to get out of the senate and onto his desk. This would be good time to contact your senators and request that they support this bill.

Brit Hume Doesn’t Get The Internet – Or Journalism

It’s a good thing that Brit Hume has already announced his retirement. When the primary anchor and managing editor of the Washington bureau for Fox News has such a total misconception of modern media, it is well past time for him to leave the scene. On the December 11 broadcast of the Fox News Special Report, Hume led off his Political Grapevine segment with this:

“The Obama-Biden transition team has launched a new feature on its Web site called “Open for Questions” which is designed to be an open forum for users to ask policy and issue questions. However, it is subject to what amounts to censorship by other users because the more votes an entry gets the higher it moves on the overall list. But some questions are being downplayed by Obama supporters who are trying to remove the entries entirely.”

Someone needs to explain to the old feller what “community moderation” is on social networks. They could start by telling Grandpa Hume that it is sort of like Democracy. He may remember what that is.

The whole point of the Open For Questions project is to solicit the public’s views on what issues the new administration should pursue. By allowing people to vote on the suggestions submitted, it presents a community consensus of what ought to take priority. But Hume is complaining that some comments were poorly received, or even flagged as inappropriate. He cites as an example this question:

“Is Barack Obama aware of any communications in the last six weeks between Rod Blagojevich or anyone representing Rod Blagojevich and any of Obama’s top aides?”

That may be interesting question if you’re a Republican toady trying to smear Obama, but it is not a policy suggestion for the President-elect. So it should come as no surprise that it would not rate highly, and that it might even be deemed inappropriate. It is certainly irrelevant and a distraction from the topic at hand.

Nevertheless, Hume’s assertion that the results of the public’s voting amounts to censorship is both ridiculous and utterly false. While some instances of the Blagojevich question were removed as inappropriate, many more remain on the site – just farther down the list. What’s more, commentary that went even further off topic, and could only be characterized as intentionally disruptive (not to mention immature), was also available for all to read. For instance…

  • Will Rev. Wright sing God (bleep) America at your inauguration?
  • Besides Rezko, the governor, and Bill Ayers, are there any other crooks you associated yourself with that we need to know about?
  • Are you a Muslim Terrorist in disguise? I do not believe you are American, prove it to us!
  • Is Michelle proud of America now that you are the president-elect?
  • Did you beat Clinton ’cause for the Dems it’s Bros befo’ Hos?
  • Are you a natural born citizen and if so will you show an authentic birth certificate?
  • Is it hard to be such a fucking phony all the time?

The fact that none of these items were removed proves that there is no censorship being practiced on the web site. It also proves that there are a lot of childish Republican smart asses clogging up the blogosphere. More to the point, it proves that Brit Hume is a lousy reporter and a flagrant promoter of disinformation. It took me all of fifteen minutes to compile this list. What kind of reporter is Hume if he cannot even use the search function provided on the web page to look for any information except that which affirms his predetermined view?

The transparency of Hume’s agenda driven ravings is testimony to the lie that Fox News is fair and balanced. It is further confirmation that Hume and his colleagues are dishonest and brazen purveyors of propaganda. And it is evidence that Hume is past his prime and unable to keep up with advances in new media. The sooner he trades in his anchor’s chair for a rocking chair the better. Buh bye, Brit.

Update: It appears that Hume’s source for his non-reporting is Ben Smith at Politico. Smith made the same inane accusation of censorship a day before Hume.

Update On Journalists Arrested At Republican Convention

At the Republican National Convention in Minnesota this month, there was an unprecedented assault on freedom of the press as dozens of journalists were arrested along with the protesters they were covering. Those arrested included members of local broadcast media, the Associated Press, and mainstream newspapers, along with alternative media and Internet news sites.

The actions of law enforcement in St. Paul were thoroughly unjustifiable and smacked of police state suppression of free speech. It is a black mark on the city’s reputation, and the fact that it was done with the cooperation of the Republican Party doesn’t say much for their commitment to the First Amendment either.

Today Mayor Chris Coleman of St. Paul announced that the city will decline to prosecute all misdemeanor charges against journalists arrested during the convention. While dropping these charges is the only acceptable course of action, Coleman still believes that the arrests were proper and in the interests of the community. He asserts that “the police did their duty in protecting public safety.” (Exactly who in the public did Coleman think the journalists were threatening?) Nonetheless, he heaps praise on himself for reversing the police on their arrest authority.

“This decision reflects the values we have in Saint Paul to protect and promote our First Amendment rights to freedom of the press. A journalist plays a special role in our democracy and that role is just too important to ignore.”

If this is an example of how St. Paul protects and promotes the First Amendment, it is a sad commentary on their understanding of the Constitution. Dropping these charges is not a demonstration of principle. It is merely a correction of prior misbehavior. And it does nothing to undo the damage caused by the detentions in the first place.

If the reason for arresting the journalists was to limit the free distribution of information from the convention site, and there is no other plausible reason, then their mission was accomplished. Reporters cannot post stories from jail. By releasing them after the event was concluded they were effectively silenced. Whatever news these reporters might have gathered and supplied to the public is forever lost.

Another deficiency in Mayor Coleman’s statement is language that calls into question who will be cleared and what defines a journalist:

“The decision will only affect people identified as journalists who face the misdemeanor charge. Recognizing the growing media profession in print, broadcast and the Internet, the city attorney’s office will use a broad definition and verification to identify journalists who were caught up in mass arrests during the convention.”

What these means is that any person that doesn’t meet the city’s definition of a journalist, or any journalist the city chooses to indict on charges higher than a misdemeanor, is exempt from this absolution. This interpretation directs the power back to the government and away from the Constitution. It would be far too easy to apply these vague rules arbitrarily in order to harass selected individuals whom the government dislikes.

If the city of St. Paul faces no consequences for their repressive tactics, then they and other government bodies will have a green light for future clampdowns on lawful, Constitutionally protected activities. Hopefully one or more of these journalists will file suits for false arrest and violations of their Constitutional rights. At this point the courts are one of the few remaining paths left to affirm the principle of a press that is unshackled from government control.

Also on the path are the ACLU and Free Press. They are both in hot pursuit of truth and justice in this affair. Feel free to help them out.

Submission Accomplished: MSNBC Demotes Olbermann

Keith Olbermann is MSNBC’s hottest property. His ratings eclipse those of the rest of the lineup. So clearly he is a significant draw for an audience that MSNBC has been struggling to expand and they would reward him commensurate to his contribution.

Think again:

“MSNBC is removing Keith Olbermann and Chris Matthews as the anchors of live political events, bowing to growing criticism that they are too opinionated to be seen as neutral in the heat of the presidential campaign. “

This is another example of the media being so petrified of disapproval from right-wing critics that they act in opposition to their own interests. By effectively demoting their top talent, MSNBC is agreeing with critics that their coverage is slanted and that Olbermann is a journalistic liability. This action is remarkably stupid and short-sighted. Why would NBC want to denigrate their own reporting and insult their most popular program host? Apparently all is takes is a letter or two from the White House or the Republican National Committee to make NBC execs tremble.

To put this in perspective, try to imagine Fox News making a similar schedule adjustment in response to complaints from liberal sources. Obviously they get such complaints by the thousands on a daily basis. And not just from liberals, but from respected, independent journalistic institutions and professionals. Yet Brit Hume, Megyn Kelly, Neil Cavuto, etc. – not to mention Bill O’Reilly, and Sean Hannity – all have safe jobs and have never been chastised in the slightest for their brazen bias and partisan pandering.

What’s more, the contrast in tone between the left and right media is disturbing, to say the least. Liberals are accused primarily of partisanship and favoritism. But rightists are are guilty of far more hostile activity. Recall Fox News’ Liz Trotta who joked that Barack Obama should be assassinated along with Osama Bin Laden. And then there’s that continuous thread of racism that permeates Fox News. These ethical violations, however, are not sufficient to warrant corrective action on the part of the conservative press.

In addition to dissing Olbermann, muting an alternative perspective, and likely suppressing their ratings (and, thus, their income), NBC is also giving ammunition to their competitors, who will not praise this as a step toward neutral reporting, but cite it as evidence of bias. So MSNBC gains nothing from their capitulation. Fox News is already reporting on these events as having taken place due to MSNBC’s lack of neutrality. That Fox can even say that, without a hint of irony, demonstrates how low the media neutrality bar has sunk.

The timing of this announcement couldn’t be worse. With the party conventions over, the general election commencing formally, and debates coming soon, NBC has chosen to very publicly tarnish their own brand. This could only happen at a network that is faulted as being liberal by the entrenched media establishment. And yet, the myth that the media is liberal will persist despite all of the evidence to the contrary.

The real problem is that it is only the few liberal islands in the media sea that are punished for expressing their views. The monopolistic corporations who control the media, and their benefactors on the conservative side of the political spectrum, are the dictators of what the news audience will see and hear. They will always bend to the right and, sadly, cowards like those at NBC will choke the breadth of opinion from the airwaves to the point of suffocation.

What Republicans Think Of John McCain

John McCain has released a flurry of hastily produced ads following the announcement of Joe Biden as Barack Obama’s running mate. The ads feature Democrats, including Biden saying uncomplimentary things about Obama. But mostly they feature the desperation of McCain as he grasps for something with which to prop up his pathetic campaign. The latest ad closes with the tag line, “The Truth Hurts.” McCain is precisely correct about that, though not in the way he imagines. There are some serious problems with this advertising strategy that will shortly become evident.

First, the quotes from Democrats were made primarily when they were competing with Obama for the nomination. Most voters are fully aware that remarks made in the heat of a campaign are quickly retracted and forgotten after a nominee is selected. What’s more, McCain is just as vulnerable to such attack ads featuring Republicans disparaging him and his policies. In fact he is more vulnerable, because there are many instances of Republicans bashing McCain throughout the years who were not political opponents. This video presents just a few examples.

McCain’s problems don’t lie just in what fellow Republicans say about him. His vulnerability also extends to the many ill-tempered rants he has directed at his colleagues. For instance:

  • “Fuck you…This is chickenshit stuff.” Directed at Sen. John Cornyn (R-TX) in an immigration debate.
  • “Only an asshole would put together a budget like this…I wouldn’t call you an asshole unless you really were an asshole.” Directed at Sen. Pete Domenici (R-NM) while marking up legislation.
  • Sen. Charles Grassley (R-IA) to McCain during a debate on MIA’s: “Are you calling me stupid?” McCain: “No. I’m calling you a fucking jerk!”

The media, as usual, is continuing to donate airtime to McCain’s propaganda. The recent ads were announced by the campaign, but they have never purchased air time to broadcast them. The thinly disguised intent here is simply to get the press to contribute free air time to McCain. And the press is complying like the little zombie poodles that they are. Therefore, as usual, it will be up to the blogosphere to enlighten the voting population. So keep spreading the word, because the word is the truth, and, as we all know…the Truth Hurts.

Gas Station TV Tanks Obama Ad

Gas Station TV operates video terminals placed on gas pumps that display news, weather, and, of course, commercials. However, Barack Obama produced a commercial for the network that discussed his energy policy and advocated conservation. That ad was rejected by GSTV on the grounds that they avoid political messages. But the Obama campaign said that company gave a different reason for turning them down: It was too damaging to the oil industry.

On one hand, it seems reasonable that service stations might not want to host advertising that attempts to persuade customers to purchase less of their products. On the other hand, consumers are already making that decision on their own. With record gas prices they are cutting back on unnecessary travel and are choosing more fuel efficient vehicles.

A bigger picture analysis, however, leads a to an entirely different conclusion. Obama’s energy program includes a $1,000.00 rebate for consumers. That’s money that might be spent on gas. Additionally, Obama is selling his program as a means to eventually lower gas prices. With lower prices come higher consumption. So it could be argued that Obama’s ad will actually benefit the service stations where it would air.

Unfortunately, the short term thinking on the part of the oil industry is going to ignore these arguments and insure that these common sense messages will be censored from this advertising venue. It’s too bad, but it’s not much of a surprise.

The GOP Threatens To Sue Its Supporters

Republican ChangeSo Sue Me!

The great minds at the Republican National Committee are once again demonstrating their transcendent grasp of marketing, finance, and public relations. In an action so preposterously witless as to scramble the common cranium, the GOP has sent a “cease and desist” letter to CafePress citing trademark infringement on the part of sellers using the term “GOP” or the elephant logo. Attorney Paul Alan Levy of Public Citizen is representing CafePress and wrote this on the CLP Blog:

“[W]e might ask why the RNC has chosen an election year to try to suppress speech about the Republican Party, especially since many of the images are highly favorable to their cause. Many of the CafePress users appear to be Republican grassroots activists. Is this the right year for RNC staff members to start going after their own supporters?”

Asking the RNC why they are trying to suppress speech is like asking why tobacco companies add nicotine to cigarettes – the only way you can get people to consume either one is to artificially manipulate their behavior. Tobacco companies do it with addictive chemicals. Republicans do it with message control and censorship.

Ironically, this harebrained scheme can only work to the disadvantage of Republican allies. The First Amendment guarantee of free speech, along with “fair use” and the legal protection for parody, insure that any critical use of the trademarked properties is permitted. Only those who are using the properties favorably would be subject to litigation because it would be more likely to result in confusion with the RNC’s own favorable use. So the GOP’s action punishes their friends while having no impact whatsoever on opponents.

This is the same pack of idiots that got us mired in a war in Iraq; that ran our economy into the ground; and that want to persuade us that John McCain ought to be our next president.