Shared posts

27 Jun 00:25

Bigot Relieved To Learn Gays In His State Still Effectively Subhuman

NORMAN, OK—Following the Supreme Court’s landmark 5-4 ruling this morning striking down the Defense of Marriage Act, local bigot Donald Pohlman, 45, reportedly breathed a sigh of relief upon learning that homosexuals were still considered less...
27 Jun 00:25

Texas Abortion Opponents To Cheer Selves Up With Execution

AUSTIN, TX—Following state senator Wendy Davis’ successful filibuster of sweeping abortion restrictions last night, disappointed Texans told reporters they are looking forward to tonight’s scheduled execution of convicted murderer Kimber...
26 Jun 23:08

Music: Newswire: People Still Buy Music: Total failure Kanye West "only" sold 328,000 copies of Yeezus last week

by Marah Eakin

Surprising almost no one, Kanye West’s Yeezus has landed atop this week’s Billboard album sales chart. Still, with “only” 328,000 copies sold, some industry insiders are calling the album’s first week a failure, comparing Yeezus’ totals to the 339,000 copies Daft Punk’s Random Access Memories moved in its first week. While Kanye West probably doesn’t give a fuck what anyone who’s not him thinks (and where is that damn croissant?), Buzzfeed has a good defense of West’s sales, noting that Yeezus started at a disadvantage for a few reasons including, but not limited to, the lack of a hit advance single, proper presale, or even real album art.

It’s also worth noting that those 328,000 copies make for the third-largest debut sales week of 2013, putting West’s record behind only the aforementioned Random Access Memories and Justin Timberlake ...

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26 Jun 23:07

Music: Great Job, Internet!: Watch a great new documentary about Winston Smith, the artist behind the Dead Kennedys logo

by Marah Eakin

Earlier this month, the Museum Of Contemporary Art launched The Art Of Punk, a documentary series that explores the roots of acts like Black Flag and Crass by examining the art surrounding each group. While the first episode of the series examining Black Flag’s iconic logo premiered earlier this month on MOCAtv, The A.V. Club has the premiere of the series’ third episode, which focuses on the art of Winston Smith and the music of the Dead Kennedys. The whole thing is below and interested parties can check out more of the series at MOCAtv’s YouTube page.

Read more
26 Jun 23:01

Federal Same-Sex Marriage Benefits At the Stroke of a Pen

by Dan Savage

A reader writes...

DOMA has been struck down but that doesn’t ensure equal benefits for all same-sex married couples. Because federal agencies use different standards to determine who is married—some use a “place of residence” standard and others use a “place of celebration” standard—many SSM couples who are married in one state but residing in a state where same-sex marriage is prohibited won’t be eligible for many federal benefits. President Obama can change all of this at the stroke of a pen by issuing an executive order mandating a uniform place of celebration standard. This would mean that, effectively, everyone in the country would be able to get a federally recognized same-sex marriage and all attendant federal rights and responsibilities.

Here’s my Whitehouse.org petition asking the president to issue that executive order.

I'm just some nameless internet nobody, but I was hoping you could promote the petition.

Happy to help. The petition, once again, is here. I've already signed it. It's your turn.

[ Subscribe to the comments on this story ]

26 Jun 23:01

Music: Great Job, Internet!: One million Pandora plays earned Cracker's David Lowery just $16.89

by Kayla Reed

When "Low" by Cracker came out in 1993, the concept of a streaming service was years away. Making money and reaching an audience were somewhat synonymous, with the exception of kids recording radio plays onto cassette tapes. Now, when all you need is an e-mail address to access millions of songs spanning several decades, the profits are dwindling. 

Cracker's lead singer and songwriter, David Lowery, has posted his most recent statements from various media on The Trichordist, reporting a mere $16.89 profit from more than 1 million Pandora plays. He said that amount is less than he makes from selling a T-shirt. 

Lowery went on to specify that the $16.89 was his 40 percent cut as a songwriter, and he actually made a little more (but not much) in performer royalties. The artist also encouraged other songwriters to post their royalty statements in order to "show the ...

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26 Jun 22:57

id Software president Todd Hollenshead leaves studio after 17 years

by Michael McWhertor

Todd Hollenshead, president and former CEO of developer id Software, has left the game studio, publisher Bethesda Softworks has confirmed to Polygon.

"After many years with the studio, Todd Hollenshead decided to leave id Software to pursue other personal interests," reads a statement from Bethesda. "While Todd was not part of the development teams, he was an integral part of id Software's success as the business head of the studio and we wish him the very best in his future endeavors."

Developing...

26 Jun 22:56

The living are only a species of the dead.


boosaville.com


boosaville.com

The living are only a species of the dead.

26 Jun 22:43

2007. Denzel Washington in bespoke Leonard Logsdail 2.



2007.

Denzel Washington in bespoke Leonard Logsdail 2.

26 Jun 21:39

Readerpocalypse from firehose on dotdotdot

by gguillotte
firehose

The tumblr posts collected, as well as other links. Will continue to bundle more as I come across them.

A collection of reviews and thoughts on Google Reader, its erstwhile replacements, and RSS in general.
26 Jun 21:38

Dave Chappelle To Headline Coast-To-Coast Comedy Tour

firehose

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Funny or Die announced this morning that the elusive comedian will headline the website's first Oddball Comedy & Curiosity festival.
26 Jun 21:10

Nation Celebrates What Is, Technically Speaking, Progress

WASHINGTON—Following two Supreme Court rulings today that allowed homosexuals in California to wed, extended federal benefits to same-sex married couples, but stopped short of calling gay marriage constitutional, the nation celebrated what is, techn...
26 Jun 21:09

Also shout out to Senator Leticia van de Putte, a woman of color whose badass words last night are already being misattributed to Wendy Davis. She left her father's funeral to stop SB5 and should get just as much props.

firehose shared this story from Yo, Is This Racist?.

Word.

26 Jun 21:09

Gay Marriage Opponents Warn Supreme Court Ruling Could Put Nation On Slippery Slope To Rationality

WASHINGTON—Condemning the decision as “dangerously reasonable” and “beyond level-headed,” vocal opponents of same-sex marriage strongly cautioned that this morning’s Supreme Court rulings supporting gay rights could put...
26 Jun 21:08

Supreme Court Leaves Final Decision On Gay Marriage In Capable Hands Of Texas, Alabama, Georgia

WASHINGTON—After months of deliberation, the U.S. Supreme Court opted today to leave the ultimate decision on whether homosexuals should be allowed to marry in the more than capable hands of states such as Texas, Alabama, and Georgia.
26 Jun 21:08

Will Wright says consumers will never accept always-online DRM

by Colin Campbell

Will Wright says Microsoft's decision to back away from always-on DRM was the right thing to do, adding that it was "very impressive" how the Xbox One manufacturer reacted to negative consumer sentiment to its former strategy.

Wright is best known as the creator of The Sims and SimCity franchises. He is currently involved in mobile and social gaming startup Syntertainment.

"From the consumers' point of view, I can really understand a lot of the backlash to DRM," he said in an interview with CNNMoney. "If something's required on the Internet that means they can't play it on the airplane or if their Internet connection goes down.

"It was interesting watching the Microsoft thing," he added. "I thought it was very impressive how responsive Microsoft was to that. Gaming has had a long history of piracy, but you can't use DRM at the expense of the customers. I'm not really sure I have a clear answer to this except that it's going to be something that we slowly acclimate the player base towards."

Wright said that players are happy with always-online when is comes with benefits to them, but will not tolerate being forced to constantly check-in online merely for the benefit of games companies. "It's really not a lot different from if you have an MMO or peer-to-peer game that requires connectivity with other players, but a lot of games don't necessarily require that," he said. "If you're just going to require it for DRM purposes only that's obviously where it upset the consumers."

26 Jun 21:08

Too much collaboration is hurting worker productivity

by Commentary
When you're most productive.

Companies love collaboration—it’s become the go-to approach to solve corporate problems and spur innovation. Yet by emphasizing it at the expense of solitary work, employers choke worker productivity and satisfaction.

A new report by Gensler, the global workplace design and architecture firm, found that workers are spending more time in focus work but feel less effective at it than before.

“Collaboration can be taken too far. It actually has diminishing returns,” said Diane Hoskins, co-CEO of Gensler, in an interview with Quartz. ”When everybody’s collaborating around you, you can’t focus.”

In the last few years, increased collaboration is both intentional, encouraged by managers intent on fostering innovation and shared resources, and unintentional, partly the result of corporate cutbacks in office space during the recession. Much of the reduced space affected collaboration areas, which pushed conversations and collaboration into the general work spaces, said Hoskins. “Everything was squeezed” and so workers felt less able to focus, the Gensler survey of 2,035 knowledge workers shows.

Now they feel even more crowded and unable to focus as corporate payrolls have inched up. Some feel that with more workers on “kitchen tables” or desks in close proximity they can never get anything done.

“If you diminish focus, it’s like the house of cards starts to fall apart. It’s almost foundational,” she said.

Certainly other research has found open floor plans can make workers less productive and more likely to get sick.

So what are companies doing to create places where workers can concentrate on their tasks?  Intel’s Software and Services Group gives workers four hours of “think time” tracked on a group calendar so they can block out distractions and tune in on important problems or work.  Office furniture maker Steelcase has created a gathering space equipped with teleconferencing devices, information projections and a round table.

Gensler is encouraging balanced arrangements so workers can have a few different environments to use depending on the mode they’re in. One company put up a C-shaped pod in the middle of the desks with room for four or five people to sit and share. Others have created small meeting rooms “where you can take conversations to” so workers at their desks can focus, Hoskins said. Some even set up outdoor gathering places for informal meetings or break times together.

Or some just may go home to get quiet focused time, and then come into the office for meetings and social connections. Those who can choose where to work still spend about 70% of their time in the office, Gensler reported. Workers who can choose their environment are more satisfied with their job, and rate themselves as more effective, especially in their focus work.

You can follow Vickie on Twitter at @WorkingKind. We welcome your comments at ideas@qz.com


26 Jun 20:57

Readerpocalypse: a collection of reviews from firehose | dotdotdot.me

by OnlyMrGodKnowsWhy

A collection of reviews and thoughts on Google Reader, its erstwhile replacements, and RSS in general.

Curated by firehose firehose

Original Source

26 Jun 20:26

Sunstroke Fever Reading App for iOS Updated [Link]

by Gabe
firehose

ugh, Fever

Sunstroke for iOS just received a major update.1 This is by-far the best way to read feeds from a Feed-a-Fever server.

The update is gorgeous and I love the re-imagining of the "Hot" category. While refresh isn't that speedy, browsing and interactions feel snappier to me.

I reviewed Fever back in 2012. I moved back to Fever awhile ago because I don't mind running my own server.


  1. Affiliate link. 

26 Jun 20:23

Paula Deen Dropped by Diabetes Drug Maker - Businessweek

firehose

Nine companies voice support for Paula Deen:
Epicurean Butter
Tasty Blends Foods
Landies Candies
Springer Mountain Farms
Sandridge Food Co.
450ID
Harvest NA
IQ Craft
Club Marketing Services


CBS News

Paula Deen Dropped by Diabetes Drug Maker
Businessweek
The Paula Deen defections have reached diabetes drug maker Novo Nordisk (NVO), the latest company to end a contract with the butter-loving celebrity chef, who is herself a diabetic. Corporate reactions to the disclosure of Deen's statements in a lawsuit ...
Paula Deen Fans Lash Out Against Companiesfox8.com
Deen book sales soar, new release No. 1 on AmazonSan Francisco Chronicle
Paula Deen Scandal Timeline: Everything We Know About Her Career ...E! Online
Wall Street Journal (blog) -Us Magazine
all 1,810 news articles »
26 Jun 20:22

Horse And Craft: Minecraft Geoes Equestrian

by Alec Meer
firehose

MINCERAFT MICTRANEF MACERINFT

By Alec Meer on June 26th, 2013 at 8:00 pm.

Mojang's Little Brony

My Little Pickaxe, My Little Pickaxe,
What is crafting all about?
My Little Pickaxe, My Little Pickaxe
Crafting is magic!
I used to wonder what crafting could be.
Until Mojang added horses to Minecraft.


Of the ways in which Minecraft could become even more appealing to the kiddiwink demographic, adding horses is right up there behind giving every player their own Harry Styles (to worship or destroy as one sees fit). An early version of version 1.6 of the little game that could (and did, and then a thousandfold) is available now, with the official release date down as July 1st. While horses are the attention-grabbing addition, there’s actually quite a bit of new stuff in here. For instance, donkeys. And mules. And horse armour: the gag that will never die.

Oh damnit, here’s the full list.

Added Horses
Added Donkeys, Mules
Added Horse Armor
Added Leads
Added Carpets
Added Hardened Clay, Stained Clay
Added Block of Coal
Added Name Tags (item)
Added Hay Bales
Texture packs are now “resource packs” that also can hold sound etc
Food meter is now drained when healed by full food meter
Removed Herobrine

It really is about time they got rid of bloody Herobrine, he’s ruined so many of my Minecraft worlds now.

The new version involves a new launcher, so even if you hang on until July 1 you won’t be able to just have your current download update itself. If you want to get going right away, grab the pre-release version of 1.6 for PC, tax avoiding PC and hey let’s all just eat fruit PC here.

26 Jun 20:20

Supreme Court Guts Voting Rights Act

by Brentin Mock
firehose

via Jhameia.goh

Supreme Court Guts Voting Rights Act

The U.S. Supreme Court has ruled that Section 4 of the Voting Rights Act, which determines what states and jurisdictions are covered by Section 5, is invalid after less than 50 years of protecting African Americans and people of color. The currently covered areas are places that historically have disenfranchised people of color, or those for whom English is their second language. But Chief Justice John Roberts has ruled that the formula, which was last updated in the late 1960s-early 1970s, must be updated by Congress so that it covers areas that violate voting rights today. Chief Roberts, who's had a beef with the Voting Rights Act since the early 1980s, wrote in the majority opinion:

"In assessing the 'current need' for a preclearance system treating States differently from one another today, history since 1965  cannot be ignored. The Fifteenth Amendment is not designed to punish for the past; its purpose is to ensure a better future. To serve that purpose, Congress--if it is to divide the States--must identify those jurisdictions to be singled out on a basis that makes sense in light of current conditions. ... Congress did not use that record to fashion a coverage formula grounded in current conditions. It instead re-enacted a formula based on 40-year-old facts having no logical relation to the present day."

This is not a total loss for the Voting Rights Act. Section Five can still stand if Congress is able to fix the formula so that it covers areas they consider presently running afoul of voting rights. Meanwhile, here are the currently covered states worth watching now that this ruling affects:

  • North Carolina: Republicans, who control both state legislative chambers and the governor's office, have proposed and/or passed bills that would require a narrow set of photo identification cards to vote, that would cut early voting, potentially penalize the parents of college students who vote away from their parents home, and would implement probably the strictest felony disenfranchisement law in the nation. None of these are law, but they would have had to pass federal preclearance review under Section 5. Almost 500,000 North Carolinians lack the ID needed to vote under the proposed law, a third of them African Americans. Hundreds of North Carolina citizens have been arrested over the past couple months while protesting these laws. 
  • Virginia: Passed a voter ID bill that survived federal preclearance review last year, but then doubled down and passed an even stricter photo voter ID law this year, which had not yet been submitted for Section 5 review. Now it doesn't need to. Meanwhile, it's estimated up to 870,000 Virginians lack the ID needed to vote under the new law, a disproportionate number of whom are African Americans. 
  • Alabama: Passed a photo voter ID law and a proof-of-citizenship voter registration law in 2011 that isn't scheduled to go into effect until 2014. It had been submitted for Section 5 review, but was withdrawn a month ago. Now it won't be reviewed for discriminatory effects. 
  • Mississippi: No African American has won a statewide office in this state (nor in any of the states above)[CORRECTION: Virginia elected a black governor in 1986], and a voter ID bill it passed last year may make it harder for black candidates to get elected when those most likely to be disenfranchised by this law are African Americans. 

Other states like Texas and South Carolina, which Section 5 reviews blocked from passing racially discriminatory voting laws, could attempt to reinstate those laws. But as Justin Levitt, an election law professor at Loyola Law School, told Colorlines, it's not just the states we need to be worried about. 

"One of the most important pieces of Section 5 is that it prevents local efforts to discriminate in the allocation of local political power: districts for city council and county commission and local judicial offices that really affect the responsiveness of representation and justice in local democracies, in all of the kitchen-table issues that affect our lives most tangibly," said Levitt. "When Texas passes a discriminatory statewide law, there are lots of voices in the fight, but when a tiny municipality in southwest Texas does the same, it gets a lot less attention."

Civil rights groups that have fought both for the Voting Rights Act to be created, and to defend it in the decades after have expressed disappointment. Before the Supreme Court's ruling, Natasha Korgaonkar, assistant counsel for the NAACP Legal Defense & Educational Fund, Inc., the entity that argued the case, told Colorlines that they were "optimistic" that Section 5 would be upheld, and if not that Congress would have to "step in."

Meanwhile, Jotaka Eaddy, senior director of NAACP's voting rights program told Colorlines that the Court's decision "will not change our game plan." Judith Browne Dianis, co-director of the civil rights law organization Advancement Project, called the decision "a huge loss" and that "the biggest harm is to the voters." Her organization's work would not be deterred though, she said.

"We will have to continue to do what we did in 2012 and bring our own affirmative cases," said Browne-Dianis. "We really will have to step up our efforts to do more affirmative litigation, which is a problem because the federal government has been an important player in stopping discrimination before it happens," through the Voting Rights Act.

Advancement Project and the NAACP have been embroiled in the civil rights struggle against North Carolina's proposed voter suppression laws. Browne-Dianis said that this decision "could hasten the changes that are being proposed in North Carolina to make it harder to vote."

In Texas, where the state filed its own challenge to Section 5 with the Supreme Court, Christina Sanders, state director of the Texas League of Young Voters Education Fund, said, "This [case] shows us that it is important, now more than ever, to educate our neighbors and communities about building local power to ensure that all votes are protected."

In Florida, where voter waiting lines for African Americans were the longest in the nation, laws that cut early voting were blocked by Section 5 challenges. Election law professor Dan Smith, of University of Florida, said that challenges to discriminatory laws, like the cuts to early voting that disproportionally impacted black voters, would be more difficult without Section 5. 

"We're only talking about five counties out of 67," that are covered by Section 5 in Florida. "But when you have [Section Five] as a vehicle you can challenge the entire state law because of the uniform election code. With respect to the voting rights issues in Florida it has been a major piece of legislation that has protected the rights of minorities and I fear for that leverage to be pulled away from voting rights activists."

Myrna Perez, deputy director of the Brennan Center for Justice's Democracy Program, and co-author of their recent report "If Section 5 Falls: New Voting Implications," told Colorlines that they will  be working with a coalition of voters, advocates and members of Congress to come up with new measures "that provide robust and ample protections for voters."

 

26 Jun 20:18

DOMA, Prop 8, and Justice Scalia’s intemperate dissent

by Larry Tribe
firehose

via Tertiarymatt

Laurence H. Tribe is the Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard Law School.
Today’s decisions striking down the key provision of DOMA and dismissing for want of standing the appeal from the district court’s invalidation of California’s Prop 8 were not at all surprising. Many of us predicted both outcomes, although there were some who imagined that Justice Kennedy would rely even more heavily on a federalism rationale than he ended up doing. His conclusion for the Court – joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan – in United States v. Windsor that DOMA deprived gay couples of equal liberty and basic dignity without anything resembling a sufficient justification was a welcome and entirely justifiable one. And the conclusion of Chief Justice Roberts’ majority opinion in Hollingsworth v. Perry – joined by the unlikely coalition of Justices Scalia, Ginsburg, Breyer, and Kagan – that the private group seeking to appeal from the district court’s invalidation of California’s Prop 8 lacked standing to do so, while anything but legally obvious, was at least defensible – and again quite predictable.

The pair of decisions taken together left the most contentious questions about same-sex marriage for the political process to continue grappling with – postponing to another day, when the generational wave that is moving this question to an inevitable conclusion has proceeded still further, the Court’s next encounter with the questions of equal human liberty and dignity that lie at its constitutional core. Both decisions, handed down by very different 5-4 majorities, seem to me worthy of celebration. I focus here only on the Court’s invalidation of Section 3 of DOMA in United States v. Windsor.

That invalidation of Section 3 followed directly and indeed easily from the Court’s decision a decade ago today in Lawrence v. Texas. Joshua Matz and I argued as much in the Maryland Law Review last October.

Indeed, if anything, today’s invalidation was over-determined, given the added federalism spin that propelled it. For Congress to carve same-sex couples and only such couples out of the federal government’s nearly universal deference to state definitions of marriage could not withstand anything like the meaningful judicial scrutiny that all but the most garden-variety exercises in line-drawing – exercises lacking even a whif of insult to vulnerable groups or to basic American traditions – demand.

But Justice Scalia – in a portion of his dissent that Chief Justice Roberts conspicuously declined to join – couldn’t resist the temptation to use the occasion to insult the Court’s majority, and Justice Kennedy in particular, in essentially ad hominem (and ad feminem) terms. I write this comment principally to highlight the extraordinary character of this particularly vitriolic and internally inconsistent dissent.

Having disagreed with the majority about the existence of a live case or controversy within the meaning of Article III (inasmuch as the United States did not appeal the lower court’s invalidation of the relevant federal statute), Justice Scalia went out of his way to opine at great length and with his characteristic vigor about how the Court should have decided the very controversy that he says wasn’t really before it, offering his view of the merits without the modesty that he insisted was the hallmark of proper adjudication. To accuse the majority of arrogance and then reach the merits after saying that the Court lacks jurisdiction to address the case requires no small dose of chutzpah.

Justice Scalia accused the majority of “fooling . . . readers . . . into thinking that this is a federalism opinion” while in the end relying only on the Due Process Clause of the Fifth Amendment as a textual source of decision. But Justice Scalia didn’t so much as consider the possibility, one embraced not just by today’s majority but by no less a jurist than Michael Boudin as Chief Judge of the First Circuit in his earlier decision invalidating DOMA’s Section 3 on very similar grounds, that considerations of federalism might point to a particularly rigorous examination of the purported justifications for a measure like Section 3.

Justice Scalia insisted that principles of equality and of substantive liberty implicit in the Fifth Amendment’s Due Process Clause were not truly the textual basis of today’s majority’s ruling on the merits. But his only basis for that sly suggestion was his supposition that the majority was hiding the ball (hiding it from whom?) by declining to “utter[] the dread words ‘substantive due process.’” That the majority was relying not on principles akin to those that led to Lochner and its progeny but, rather, on what the majority claimed – namely, a combination of equal protection principles and precepts of federalism – a combination textually at home in adjudication under the Due Process Clause of the Fifth Amendment, cannot have escaped Justice Scalia’s keen mind. So they must simply have escaped his word processor, mind notwithstanding.

Justice Scalia faulted the majority with having inexcusably accused the Congress that enacted DOMA and the President that signed it of having “hateful hearts” when the majority in truth did no such thing. To say that only anti-gay animus, conscious or otherwise, could coherently account for a measure like Section 3 is not to accuse those who enacted or signed the measure of acting out of homophobic animus.

Justice Scalia snarkily said that his fellow Justices showed “real cheek” when they assured the nation that the constitutionality of state laws banning same-sex marriage was not before the Court in this case when, in Scalia’s view, those state laws could not be upheld consistent with the premises of Windsor. But surely Justice Scalia recognizes that the implications of carefully cabined precedents like Windsor is always up for debate, invariably influenced by the spirit of the times in which later stages of that debate reach the Court.

Justice Scalia invited “State and lower federal courts” to “take the Court at its word and distinguish away” when others urge that laws barring same-sex marriage at the state level are distinguishable from the DOMA provision that the Court struck down. But, at the very same time, the Justice insisted that any such efforts at distinction would fly in the face of the legal principles underlying today’s decision in Windsor and concluded that, “[a]s far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe.”

Where to begin with that tidbit? For starters, calling on state and lower federal courts to treat the Windsor opinion as no broader than it claimed to be even as one charges the Court that penned Windsor with charting an unbreakable path to full same-sex-marriage rights is, at the very least, an exercise in jurisprudential cynicism. Either Justice Scalia expects and wants tribunals beneath his pay grade to shut their eyes to what he regards as the inescapable implications of Supreme Court precedents, or he anticipates that they will, and suggests that they should, follow the logic of those precedents where that logic leads notwithstanding the Court’s suggestions that the issue remains entirely open. Either way, he is contradicting himself.

Beyond that troublesome cynicism, there is the transparently calculated blurring of the distinction between analysis of where the arc of the law logically points and prediction of where that arc will in fact land. It’s hard not to hear in Scalia’s remarks today an echo of the prediction he made in his equally heated dissent from Lawrence ten years ago – that, having struck down the anti-sodomy law of Texas on the basis that its 2003 its opinion invoked, the Court could not logically stop short of invalidating as an insult to equal dignity and liberty any state law limiting marriage to same-sex couples. When Justice Scalia made that 2003 prediction, he doubtless recognized that it would be quoted back at him in future challenges to such state laws, at which point he doubtless intended to underscore the Lawrence majority’s own insistence that it was not yet resolving the validity of such challenges.

So too today. In predicting that the opinion joined by the five Justices comprising today’s Windsor majority would invariably lead to the invalidation of state efforts to limit lawful marriage to opposite-sex couples, Justice Scalia was engaging in a bait-and-switch unworthy of so serious and smart a jurist, one who often displays a principled side that even those who dislike his results would be hard-pressed not to admire.

The bait-and-switch of course arises out of the inescapable reality, one that Scalia appreciates as well as anyone, that what the Supreme Court does has always been and must remain a delicate blend of principle and politics. Justice Scalia knows all too well that the decision of whether the time is ripe for federal judges to move forward on a matter as politically, culturally, and religiously explosive as same-sex marriage is impossible for any judge to make as a matter of analytical reason alone. So to say that all we need do is listen and wait for the other shoe to drop is to falsify what Justice Scalia recognizes the world is all about. In the fullness of time, when the nationwide validity of a statewide ban akin to Proposition 8 reaches the Court without the standing problems that enabled the Court to punt on this occasion, if Justice Scalia is still a member of that tribunal, we can all be sure that he will not treat the Windsor majority opinion as controlling precedent for striking down such a ban. To suggest otherwise now is worse than cynical. It is flatly false. And it gives the wrong signal to lower courts, both state and federal. It suggests to them that they ought to feel free to track what the Supreme Court says rather than to fathom, and then do their best to follow, the logic of what it does.

 

In association with Bloomberg Law

26 Jun 19:57

RMS, Aaron Swartz Among 2013 Internet Hall of Fame Inductees

by Soulskill
firehose

is RMS still crazy, or did we not realize how crazy everything RMS was talking about actually was

gnujoshua writes "The Internet Hall of Fame inducted 32 new members, today. This years class had a number of 'policy innovators' and activists including Aaron Swartz (posthumous), John Perry Barlow, Jimmy Wales, and Richard M. Stallman. Stallman had this to say upon his induction: 'Now that we have made the Internet work, the next task is to stop it from being a platform for massive surveillance, and make it work in a way that respects human rights, including privacy.'"

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Read more of this story at Slashdot.



26 Jun 19:56

Patriots Player Hernandez Charged With Murder

firehose

whoa shit

Police have charged Patriots tight end Aaron Hernandez with murder and weapons counts in connection with the slaying of a semi-pro football player whose body was found in an industrial park about a mile from Hernandez's home.
26 Jun 19:35

TV: Newswire: CNN to resume hurting America by reviving Crossfire with Newt Gingrich

by Mike Vago
firehose

fuck shit ass

In 2004, Jon Stewart appeared on CNN's Crossfire and famously declared to hosts Tucker Carlson and Paul Begala that the show was "hurting America." Soon after, CNN cancelled the show. But now nine years have passed and CNN clearly no longer cares who it hurts, because Crossfire is coming back.

CNN has announced it will revive the rancorous political program this fall, even cutting down Wolf Blitzer Reads People's Tweets To You by a half hour to make room in its schedule. The network's biggest problem in reviving Crossfire is how to avoid the original's reputation as a counterproductive shouting match. But fear not, because it's found an elegant solution: To reassure the public that the new Crossfire will be handled with the utmost of civility, CNN has secured that paragon of politeness, the gentleman's gentleman, Newt Gingrich.

Yes, Newt Gingrich, the former House ...

Read more
26 Jun 19:35

Photo

firehose

Games of Portlandia, via Uproxx



26 Jun 19:20

South Already Rising Again

by Josh Marshall
firehose

via Russian Sledges
Thanks, Obama

Unshackled from the tyranny of voting rights law, states around the South are speeding ahead to push through vote suppression "Voter ID" laws. Here's a quick rundown of which states are already off and running.

    


26 Jun 19:13

Scripting News: Say no to synching and RSS.

A picture named loveRss.gifJamie Zawinski wrote a fantastic rant about the demise of Google Reader. Go read it now and love the way he writes. But let's not jump so fast back into the synching mess that we got into in the Google Reader era of RSS.

We could be entering an era of low barriers to entry, competition, new ideas, innovation, and freedom from big tech companies. Things could get a lot better, right now, and keep getting better. Or, as Zawinski says, it could just be a more miserable version of what we're leaving behind.

To get better, we just have to give up on the idea of synching. That a special piece of software has to be written for every device you own, and that each of those apps needs to know what articles you've clicked on. That was the weakness in the old way of doing things. It made it ridiculously expensive to run an aggregator. It made it so that small companies or individuals couldn't experiment with a very simple technology. Why the largest of the tech companies came to dominate even though its heart wasn't in it. Because it took huge resources to run the central node in that network.

These days we can create beautiful software running in the web browser. It might not be 100 percent as elegant as what you get from an iOS app, but it comes without Apple's censorship and with no need to synch. If you use the same app everywhere, it can just store the information once in the same place it stores your subscriptions, and you're almost perfectly happy and RSS gets a chance to thrive.

It's still super expensive to run an aggregator, but we can make it easier, as users, by giving up this one thing.

Let's love the browser again, as we once did, and RSS can flourish again.

26 Jun 19:13

Scripting News:: As July 1 approaches.

Evan Hansen at Medium asked if I would write a piece for them for the July 1 turn-over of the RSS market to the people. Who knows what's going to happen? I sure don't. But then I realized I have something to say at this juncture.

The last few years, as Google has come to dominate the RSS market, have been very bad for RSS, imho. I say that because a technology with tremendous potential for decentralizing news flow became one of the Internet's most singularly centralized technologies. We couldn't move in RSS-land because any change had to be implemented by Google. And their only ideas seemed to be how to most efficiently kill RSS, not to improve it, make it work better. As their involvement neared the end, all you would hear from the tech press were gloating cheers that RSS had died. Twitter was the new RSS. Never did they say how actively the other big tech companies had conspired to kill it.

If RSS had been a product, the advent of Twitter would have been its moment of greatest glory. Because it would have forced Twitter to remain open to competition. Twitter's business model might have been simplifying and rationalizing RSS, which RSS certainly needed, and they would have been entitled to get hugely rich for pulling that off.

Had RSS been a product, subscription would have become easy, not an increasingly complex maze of negative feedback, thanks to deliberate sidetracks from the leading browser vendors. If you doubt this, try clicking on this link, to an RSS feed, and see how hard it is to just view the contents of the file. In Chrome, Safari or Firefox there's no way to do it. In this one area apparently Microsoft wins the prize, and all they had to do is not screw with RSS, and let the browser render it as it would any other file. Whether Google, Apple or Mozilla actively wanted to kill RSS doesn't matter -- the net-effect was the same. How can you use it if you can't even click a link to begin the subscription process.

So now, here we are at a crossroads. There are lots of ways RSS could improve. The question is this -- will the tech industry learn how to cooperate on an open format, or will each of them play a game of winner-take-all, which will certainly result in none of them getting anything in return for all their efforts.

My company, Small Picture, is working on authoring tools to create new RSS feeds. I have a private on-the-side project, just me personally, to help foster the development of new river-of-news aggregators, commercial and open source.

I would love to see RSS achieve some of its great potential. There are still millions of feeds being actively updated every day. This is a treasure that we can build on, instead of watching the tech industry fight to kill it, once again.

Not sure whether I should be optimistic. But if the tech industry can turn this corner, then there's nothing we can't do. But having spent 40-plus years in this industry, I don't have much cause for optimism.