Arizona bans anti-Bush t-shirts

The Arizona legislature and the governor have passed legislation banning the sale of t-shirts that say "Bush Lied/They Died." The Arizona legislature voted unanimously in favor of the ban, which allows for the punishment of a year in jail for using the names of deceased soldiers to sell goods, and gives the families of such soldiers the right to collect civil damages.

This is an outrageous violation of the First Amendment to prohibit perfectly legitimate political speech using factual information in the public domain. Similar bans have also been passed in Louisiana, Texas, and Oklahoma, and are in the works in Florida.

In Arizona, this law also violates the state constitution (Article 2, Sections 1, 2, and 6, in my non-lawyerly opinion).

Several Democrats who voted for the bill have now agreed that they should not have, and made excuses for why they did:

"I shouldn't have voted the way I did," House Minority Leader Phil Lopes said. The Tucson Democrat blamed his vote in favor of Senate Bill 1014 on a "senior moment."

Rep. Tom Prezelski, D-Tucson, said he thought problems he originally had with the measure had been fixed. He acknowledged not reading the final version.

And Rep. Kyrsten Sinema, D-Phoenix, conceded that she wasn't paying attention and was totally unaware of the contents of the bill on which she voted at least twice—once after a proponent of the measure gave a short floor speech explaining the essence of the bill and why he believed it was necessary.

Our governor, also a Democrat, has given an equally lame response when asked why she signed such a clearly unconstitutional bill:

...gubernatorial press aide Jeanine L'Ecuyer said a divided vote would not have resulted in a veto.

"Her concern is for the families who lost someone," L'Ecuyer said.

Asked if Napolitano, a lawyer, believes the measure is unconstitutional, L'Ecuyer's only response was, "The governor signed the bill."

Napolitano cannot be re-elected, and after this, she clearly should not be. Any legislator who voted for this bill should be given the boot, which means cleaning out the entire Arizona legislature. Toss the bums out!

The shirts are being sold by Dan Frazier of Flagstaff, who also offers some different messages on top of the list of names of the fallen soldiers.

The Arizona Civil Liberties Union has already filed a lawsuit to overturn the law (PDF).

If anyone in Phoenix is interested in purchasing some of these shirts as part of a group purchase (or as my resale at cost to you, so I can work some civil disobedience of an unconstitutional law into it), please let me know.

UPDATE (August 24, 2007): Dan Frazier has gone to court to get an injunction against the law, but it looks like the legislators wrote the law not only in ignorance of the Constitution, but in ignorance of what Frazier is doing--the law doesn't ban the sale of items using the names of fallen soldiers, it bans advertising using the names of fallen soldiers. The names are not legible on Frazier's website, so he may not fall afoul of the law. That doesn't change the fact that it's a bad, unconstitutional law, however.

A difference between Christians and atheists

Atheists, who see prayers in Congress as unconstitutional superstitious appeals to a fictional deity, have fought against them with arguments and lawsuits, observing that the First Amendment prohibits government establishment of religion.

Some Christians, on the other hand, when they see unconstitutional superstitious appeals to a fictional deity that they don't believe in, attempt to disrupt and silence the invited speaker doing the praying.

These individuals apparently think that there already is an established governmental religion of Christianity. It does seem like we've moved a long way in that direction under the Bush administration.

And whatever happened to Matthew 6:5-6? Has it been removed from some Christians' Bibles?

"And when you pray, you are not to be as the hypocrites; for they love to stand and pray in the synagogues and on the street corners, in order to be seen by men. Truly I say to you, they have their reward in full. But you, when you pray, go into your inner room, and when you have shut your door, pray to your Father who is in secret, and your Father who sees in secret will repay you." (NASB)

(Also see Pharyngula's take.)

Quarter billion dollar bank robbery--in Iraq

Yesterday's New York Times reports that two or three guards at the Dar Es Salaam bank in Baghdad successfully engineered the theft of $282 million in U.S. dollars from the bank. It's not been explained why the bank had that much money in U.S. dollars.

Messianic Jew issues death threats to Colorado University biologists

For over a year, an individual has been harassing several evolutionary biologists at the Colorado University at Boulder about their "devilutionism," and has now crossed the line into threats. The Discovery Institute claims that whoever is doing this is clearly not a Christian, a creationist, or religious (of course, only atheists are capable of doing anything unethical or crazy, right?), but the identity of this individual is known to the people being harassed.

The Panda's Thumb, Pharyngula, and Dispatches from the Culture Wars have more.

UPDATE (July 13, 2007): The specific kook responsible has been identified as Michael Korn:

Menacher “Michael” Korn is a 49-year-old Israeli national and former Messianic Jew who says he was baptized into Christianity in the Sea of Galilee seven years ago and is now on a mission to convert Jews and Muslims. His blog, JesusOverIsrael. blogspot.com, references CU-Boulder specifically and says he lives in Denver, although he has a North Carolina area code.

See Pharyngula for links to Korn's website and other information.

Bush doesn't care that his staff leaks the names of CIA agents

Originally, he said that he would take action if he found that someone on his staff was responsible for leaking the fact that Valerie Plame was a CIA covert agent to the press. Then, he said he couldn't comment because an investigation was underway, then, that he couldn't comment because a trial was underway. Now that the trial is over and he can comment, he pretty much comes right out and says he doesn't give a damn.

Man on religious mission struck by lightning

From WSVN-TV (Miami/Ft. Lauderdale):

Miami-Dade Air Rescue transported Hailu Kidane Marian, 40, to Jackson Memorial Hospital Sunday after he was struck by dry lightning while selling religious books. According to one customer, a lightning bolt struck as he walked door-to-door selling books along Northwest 199 Street and 78 Avenue Sunday afternoon. "I was buying a book from one of these guys, and there was one thunderstorm and thunder and then the second thunder, which was the lightning," explained Maria Martinez. "It was like a gunshot, and, when I turned around, I saw like a cloud of smoke and this one guy jumping, like basically being slammed on his feet. I guess he just fell back."

The man, a Seventh-Day Adventist on a summer missionary trip, went into cardiac arrest but was revived by Miami Dade Fire Rescue. The lightning strike was a case of "dry lightning," when lightning strikes when it is not raining.

The leader of the missionary group is described in the cited news article as saying "the group trusts God to provide a miracle" for Hailu Kidane Marian's recovery. (Why do they assume the lightning strike wasn't the miracle? As usual, God is given the credit for anything good, even if it's mere recovery from something bad that he's unaccountably not given any blame for.)

Jon Swift on how conservatives really want another U.S. terrorist attack

Blogger Jon Swift observes how a number of conservatives have stated that if only we have another successful terrorist attack on U.S. soil, George W. Bush will regain popularity, public support for the war in Iraq will be restored, and all will be right with the world.

Rick Santorum, Michael Fumento, Alexander Cornswalled, Jonah Goldberg, Rudy Giuliani, and Arkansas Republican Party chairman Dennis Milligan are quoted. Milligan's quote:

"At the end of the day, I believe fully the president is doing the right thing, and I think all we need is some attacks on American soil like we had on [Sept. 11, 2001 ]," said the chairman of the Arkansas Republican Party, Dennis Milligan, last month, "and the naysayers will come around very quickly to appreciate not only the commitment for President Bush, but the sacrifice that has been made by men and women to protect this country."

The 29% of Americans who support Bush should apparently pray for terrorist death to be rained down upon us. Perhaps they can all join Fred Phelps' Westboro Baptist Church, whose members also believe that God hates America and that terrorist attacks are in support of his will.

(Via Radley Balko at the Reason Blog.)

DoJ attorney criticizes Bush administration

Department of Justice civil appellate attorney John S. Koppel has written a scathing editorial in The Denver Post:

As a longtime attorney at the U.S. Department of Justice, I can honestly say that I have never been as ashamed of the department and government that I serve as I am at this time.

The public record now plainly demonstrates that both the DOJ and the government as a whole have been thoroughly politicized in a manner that is inappropriate, unethical and indeed unlawful. The unconscionable commutation of I. Lewis "Scooter" Libby's sentence, the misuse of warrantless investigative powers under the Patriot Act and the deplorable treatment of U.S. attorneys all point to an unmistakable pattern of abuse.

In the course of its tenure since the Sept. 11 attacks, the Bush administration has turned the entire government (and the DOJ in particular) into a veritable Augean stable on issues such as civil rights, civil liberties, international law and basic human rights, as well as criminal prosecution and federal employment and contracting practices. It has systematically undermined the rule of law in the name of fighting terrorism, and it has sought to insulate its actions from legislative or judicial scrutiny and accountability by invoking national security at every turn, engaging in persistent fearmongering, routinely impugning the integrity and/or patriotism of its critics, and protecting its own lawbreakers. This is neither normal government conduct nor "politics as usual," but a national disgrace of a magnitude unseen since the days of Watergate - which, in fact, I believe it eclipses.

In more than a quarter of a century at the DOJ, I have never before seen such consistent and marked disrespect on the part of the highest ranking government policymakers for both law and ethics. It is especially unheard of for U.S. attorneys to be targeted and removed on the basis of pressure and complaints from political figures dissatisfied with their handling of politically sensitive investigations and their unwillingness to "play ball." Enough information has already been disclosed to support the conclusion that this is exactly what happened here, at least in the case of former U.S. Attorney David C. Iglesias of New Mexico (and quite possibly in several others as well). Law enforcement is not supposed to be a political team sport, and prosecutorial independence and integrity are not "performance problems."

...

As usual, the administration has attempted to minimize the significance of its malfeasance and misfeasance, reciting its now-customary "mistakes were made" mantra, accepting purely abstract responsibility without consequences for its actions, and making hollow vows to do better. However, the DOJ Inspector General's Patriot Act report (which would not even have existed if the administration had not been forced to grudgingly accept a very modest legislative reporting requirement, instead of being allowed to operate in its preferred secrecy), the White House-DOJ e-mails, and now the Libby commutation merely highlight yet again the lawlessness, incompetence and dishonesty of the present executive branch leadership.

They also underscore Congress' lack of wisdom in blindly trusting the administration, largely rubber-stamping its legislative proposals, and essentially abandoning the congressional oversight function for most of the last six years. These are, after all, the same leaders who brought us the WMD fiasco, the unnecessary and disastrous Iraq war, Guantanamo, Abu Ghraib, warrantless domestic NSA surveillance, the Valerie Wilson leak, the arrest of Brandon Mayfield, and the Katrina response failure. The last thing they deserve is trust.

...

I realize that this constitutionally protected statement subjects me to a substantial risk of unlawful reprisal from extremely ruthless people who have repeatedly taken such action in the past. But I am confident that I am speaking on behalf of countless thousands of honorable public servants, at Justice and elsewhere, who take their responsibilities seriously and share these views. And some things must be said, whatever the risk.

How long will Mr. Koppel remain at the DoJ before he receives retribution for expressing these opinions?

Creation Museum's foundation disproves its content

The Kentucky Creation Museum is built upon a foundation (literally) that disproves its contents--alternating layers of limestone and shale filled with fossils of ancient marine creatures. This video gives you a tutorial (and is a demonstration of what Ken Ham and Answers in Genesis don't want people to learn).

The economics of pirate practices

Peter Leeson, an economist at West Virginia University, is writing a three-part series on the economics of pirate behavior and institutions. The first two parts are available online.

Part 1, "An-arrgh-chy: The Law and Economics of Pirate Organization," describes how pirates solved the problem of predation by captains that was common among naval and merchant ships by a system of checks and balances involving written constitutions and democratically elected captains and quarter-masters--in the 1670s, before England and a century before the United States introduced similar political developments.

Part 2, "Pirational Choice: The Economics of Infamous Pirate Practices," looks at the reasons for the use of the "Jolly Roger" as a pirate flag and the practices of pirate torture and pirate conscription.

Part 3 has been promised for the fall of 2007...

These papers are an addition to the literature about non-governmental institutions of law and order that arise within criminal organizations, in the fringes between government jurisdictions, and in areas of governmental neglect. Some other works addressing these topics include Diego Gambetta's excellent book The Sicilian Mafia: The Business of Private Protection, Robert Neuwirth's book Shadow Cities: A Billion Squatters, A New Urban World, Ian Lambot and Greg Girard's City of Darkness: Life in Kowloon Walled City, and the HBO series Deadwood and The Wire.