United breaks guitars

From Sons of Maxwell:

In the spring of 2008, Sons of Maxwell were traveling to Nebraska for a one-week tour and my Taylor guitar was witnessed being thrown by United Airlines baggage handlers in Chicago. I discovered later that the $3500 guitar was severely damaged. They didnt deny the experience occurred but for nine months the various people I communicated with put the responsibility for dealing with the damage on everyone other than themselves and finally said they would do nothing to compensate me for my loss. So I promised the last person to finally say no to compensation (Ms. Irlweg) that I would write and produce three songs about my experience with United Airlines and make videos for each to be viewed online by anyone in the world. United: Song 1 is the first of those songs. United: Song 2 has been written and video production is underway. United: Song 3 is coming. I promise.

UPDATE (August 18, 2009): "United Breaks Guitars" song 2 and video are now on YouTube and below:

Arizona state senator Sylvia Allen thinks the earth is 6000 years old

Arizona State Senator Sylvia Allen (R-Snowflake), arguing in favor of a bill to allow uranium mining north of the Grand Canyon, casually says that the earth is 6,000 years old, and therefore a little uranium mining isn't going to hurt anything.

Snowflake, the home of the logging team that included claimed UFO abductee Travis Walton, also has a large Mormon population, and Mormons have power in the Arizona legislature far beyond their numbers.

The ignorant Senator Allen should step on over to the Talk.Origins Archive and read the Age of the Earth FAQ. (UPDATE: For a more readable introduction, how about Chris Turney's Bones, Rocks and Stars: The Science of When Things Happened, or G. Brent Dalrymple's The Age of the Earth.)



(Via the Bad Astronomy blog.)

Tempe tattoo parlor case

In late June 2007, Tom and Elizabeth Preston obtained a use permit from the City of Tempe to open a tattoo studio. The Prestons signed a five-year lease and invested $30,000 in the property, but then a local neighborhood group appealed to the city, arguing that this would have a negative impact on the neighborhood, lowering property values and increasing crime. (Other businesses in the same area include a liquor store, bail bondsman, lingerie shop, check cashing store, and an adult video store.)

Tempe Mayor Hallman and the City Council voted unanimously to override the zoning officials who had approved the permit on the basis that there was a "perception" that the business would contribute to neighborhood deterioriation.

The Goldwater Institute's Scharf-Norton Center for Constitutional Litigation has taken the case on behalf of the Prestons, with former Institute for Justice litigator Clint Bolick as the primary attorney for the plaintiffs.

In a previous hearing in May, the court ruled in favor of the Prestons and remanded the case back to the City Council for reconsideration. The city then asked for a new hearing on the grounds that it had found some new relevant case law, and that hearing occurred at 11 a.m. today before Maricopa County Superior Court Judge Robert Oberbillig.

The judge first stated, that the city's motion for reconsideration in today's hearing was appropriate and that the hearing would take place, setting aside the plaintiff's objections to that. He then focused most of the hearing on two issues. First, what was the appropriate level of burden of proof for the appeal to the city which revoked the permit? And second, did the city provide "credible evidence" that the Prestons' business would lead to neighborhood deterioration?

Burden of Proof
The burden of proof argument centered around two parts of the City of Tempe's Zoning and Development Code. These were Section 1-305 (D), which says:

Hearing Officer – Appeals. Any person aggrieved by a decision of the Hearing Officer under this Code may file an appeal to the Board of Adjustment, or the Redevelopment Review Commission as applicable, within fourteen (14) calendar days after the Hearing Officer has rendered its decision, in accordance with Part 6, Chapter 8, Appeals. Appeals of the decisions of the Hearing Officer shall be heard de novo by the Board of Adjustment, or the Redevelopment Review Commission as applicable.

and Section 6-802(C), which says:

In the event that a decision made under this Code is appealed, the appeal does not invalidate the approval. The holder of the approval may proceed with a use or development at their own risk.

The plaintiffs argued that this second section means that the permit was granted and created a vested right for the Prestons to use the property, and that in the event of an appeal the burden of proof was on the city to demonstrate a reason to revoke, rather than a completely new ("de novo") process that was as though they were applying for the permit for the first time. The city, by contrast, put emphasis on the first passage, arguing that the appeal hearing was "de novo" and had no burden of proof on the city. The city argued that the "at their own risk" phrase in the second section indicated that the permit was, in fact, conditional and did not give the Prestons any vested rights.

The plaintiffs were previously victorious on this issue on the grounds that the second section did entail a vested right for the plaintiffs. This time around, however, the city argued that case law from outside of Arizona demonstrated that there was no vested right. They agreed that the city made a botch of this case from a customer service perspective, in that the Prestons were not told that their permit was conditional and could be appealed, and they were in fact sent a letter by the city telling them to go ahead and start doing work on the property to meet other requirements of the city, such as the addition of windows.

The judge seemed amenable to the city's argument, and questioned Clint Bolick over this thoroughly. He noted that the Arizona cases presented by the plaintiffs on this issue were not in the context of a pending appeal, though Bolick disagreed with the judge, pointing to a 1939 case from Iowa City, Iowa, Crow vs. Board of Adjustment. The city responded by noting that a 1981 Iowa Supreme Court case, Grandview Baptist Church v. Davenport, argued the opposite--that a church couldn't apply a vested right during a pending appeal to keep a storage shed it had built.

The judge then pointed out that there were two arguments of equitable estoppel here--one is whether the city's actions in granting the permit shifted the burden of proof to the city and in favor of the plaintiffs for the subsequent appeal, and second regarding the potential for damages to be awarded to the plaintiff. He set the second issue aside, and then asked to continue the hearing to the question of the city's evidence of negative impact by the Prestons' business, which would become relevant if he ruled in favor of the city on this first issue.

The Credible Evidence Issue
On this issue, the city got a thorough grilling by the judge. The relevant context here was the city's use permit test criteria, part (c) of which supplies a ground for denying a use permit if a proposed use will cause:

Contribution to the deterioration of the neighborhood or to the downgrading of property values which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or conservation as set forth in the City's adopted plans, or General plan.

The hearing officer for the initial permit application ruled that this was not the case, but the City Council and Mayor overturned the permit on these grounds based on complaints from neighbors.

The judge made it clear that the city had the burden of providing not just evidence, but credible evidence that this would be the case. He noted that in the city's filings, it expressed concern that the tattoo studio is a "de facto adult business" which would contribute to a clustering of adult businesses (even though there is no clustering provision in statute) and thereby would cause a deleterious effect on the neighborhood.

The city's attorneys then noted that Tempe does now have an anti-clustering ordinance, which the judge seemed to suggest was not good for the city's case, but rather evidence that they didn't have the necessary ordinances in place at the time of their decision. He asked, "why even discuss a clustering effect" at this hearing?

The city responded that it was an issue raised by the neighbors, to which the judge responded that the city should have responded as the hearing officer already did on that issue--sorry, we don't have an ordinance on that, but we need another reason, such as contravention of the city's general plan or some other plan. But the hearing officer approved the use permit, and noted that it was in furtherance of, not in detriment to, the city's general plan.

The city's attorneys noted that the city didn't object to the business in general, and that Mayor Hallman had said that he hoped the Prestons would keep their business in Tempe.

At this point, the judge noted that the Prestons have had a successful tattoo business in Mesa for 15 years with no complaints, and asked, "So on what basis was this rejected?"

The city attorneys noted that nobody from the city has objected to tattoos, but it was complaints by third parties, neighbors of the business who "want some other type of business--a Starbuck's, or a drugstore," to stop the clustering. They made reference to a study from New York City (perhaps referenced by the complaining neighbors?) arguing that clusters of adult businesses contribute to neighborhood deterioriation and crime. They admitted that a tattoo parlor is not an adult business under city code, and again, that there was no anti-clustering ordinance at the time. (I find it interesting that both of the city's examples of preferred types of businesses are in the business of drug distribution. The space, in fact, remains vacant to this day, demonstrating that the real choice is between the Preston's business or no business at all.)

The judge then asked, "Where's the credible evidence? A New York study that's apples and oranges? A real estate person who steps up to the microphone [and offers objections]? If there's no credible evidence, [then] this [decision] could be arbitrary and capricious. If we have an anti-clustering statute, the permit process should incorporate that." He offered a few specific objections to the NYC study and its applicability here, and noted that in order to have substantive due process in the permitting procedure, the applicant needs to know up front that there are rules objecting to clustering. He stated that the city seemed, in effect, to have a secret unadopted city plan that requires third party intervention to enforce requirements that are not in the city's plans or ordinances. And he noted that the city had already overruled the arguments of the third parties in its initial granting of the permit.

At this point, the judge asked Bolick if he had anything to add, and he asked permission to give another argument on the previous point, arguing that it was the city's actions that caused the defendants to engage in detrimental reliance upon their representations. The judge told Bolick that "you're still missing the first step in the analysis--that it's a person who knows the law. It must be reasonable detrimental reliance." This exchange suggests to me that the judge will rule in favor of the city on the prior point. Bolick responded that there is a factual aspect to the meaning of the statute, and that the Prestons would never have made the investment if not specifically told to go ahead and do so by the city and by a hearing officer.

Bolick then made a few remarks on the credible evidence issue. He pointed out that the City Council and the City Attorney said in deposition that the city's standard must be satisfied, but the city also admitted that the business is in furtherance of the general plan. The judge said that the city is now focusing on a prior point, that the business is "detrimental to the public." Bolick said this is a post hoc change of the city's legal position and asked how a permit applicant would know. He stated that "there's not only no credible evidence for the city's position, there's no evidence." And he also noted that "there are constitutional dimensions to 'arbitrary and capricious'--there has to be a standard."

Immunity for Damages
At this point, the judge said there were a couple other issues to discuss. If the city didn't meet its standard and so has to issue the use permit, there's an immunity for damages issue. The city has argued for immunity to damages on two grounds. First, absolute immunity on the grounds that its action was a legislative action, as per an opinion from the city attorney. Second, immunity on the grounds that the "at your own risk" clause was sufficient warning to the plaintiffs. The city added a third argument, noting that while they want the case to be decided based on the current record, they have other documents that are relevant to a decision about damages. Specifically, they argued that there are emails between Preston and his contractors which appear to make the contracts conditional upon the granting of a permit and so neither Preston nor the city should be liable for that. Bolick agreed that there should be a separate factual review on damages, but that plaintiffs should win damages if they either win on the burden of proof issue or if they win on the "arbitrary and capricious" issue and it's an administrative act.

The judge observed that the City Council has a legislative function, a judicial function, and an administrative function, and that if this was an administrative function, this was not a matter of determining fundamental government policy. Bolick cited the Reynolds case (?) and another to the effect that issuing a building permit is an administrative act. The city attorneys objected that Reynolds didn't involve a de novo appeal process, and that the city was going forward on the assumption that it was a legislative process, as argued in a position from the city attorney on which the City Council relied. The judge asked, "is it clearly not judicial?" The city said that perhaps it might be, if the judge ruled that there couldn't be a de novo review in this case (i.e., if they lost on the burden of proof claim) and were thereby acting in an appellate capacity.

After a few more exchanges, the judge indicated that he would deliberate and be back shortly to issue a ruling from the bench. A few of us gathered outside the courtroom to talk, including Bolick, the plaintiffs, a few other supporters of the plaintiffs, and a reporter from the Arizona Republic. At around 1 p.m., the bailiff summoned us back into the courtroom, to inform us that we were all dismissed and the judge would be issuing a written ruling, which is apparently what he did at the May hearing as well.

My understanding is that the plaintiffs win the case if they win on either of the above two grounds, the burden of proof issue or the credible evidence/"arbitrary and capricious" issue, and the case will not go back to the City Council this time. Of course, it may be appealed by the losing side. My best guess is that the city will prevail on the first issue and the plaintiffs on the second.

CBS Channel 5 was also filming the hearing, but you heard the details here first.

I'll update this post with information about the decision after it happens.

The Goldwater Institute's website has more on the Preston case.

(The photo of the Maricopa County Court House in downtown Phoenix, above, is a Creative Commons licensed photo (attribution, noncommercial, no derivative works) from the flickr photostream of Steve Minor, user lumierefl. Click on the photo to get to that photo in his photostream.)

UPDATE (July 9, 2009): The Prestons won their case, again, on the grounds that the city's decision to revoke their permit was "arbitrary and capricious." I haven't heard how the judge ruled on the other issue. The city has 30 days to appeal the decision; otherwise they must issue the permit and allow the business to open.

Fundraising for Bowl-A-Rama

I have only one month to try to reach my fundraising goal for this year's Bowl-A-Rama. I know times are tight, but if you can spare a few dollars please visit my page and make a donation.

(Photo is of the Lippard household's latest adoptee from RESCUE, Buster.)

Republican states lead in divorce, teen pregnancy, and porn subscriptions

Charles Blow has an op-ed piece in yesterday's The New York Times commenting on the spate of recent Republican sex scandals which contains this infographic (an aptly named "blowchart") ranking the states based on divorce rates, teen pregnancy rates, and subscriptions to online porn sites as a percentage of broadband subscribers.

Blow suggests that conservatives address this hypocrisy by becoming more concerned about what goes on in their own bedrooms than in everyone else's. It also highlights the ineffectiveness of abstinence-only sex education.

(BTW, the data for the third column comes from the work of Ben Edelman (PDF), who I've cited here before for his excellent work on spyware and adware, and on the ineffectiveness of TRUSTe.)

UPDATE (June 30, 2009): There's at least one error in this chart, in that Tennessee should be red, not blue, near the bottom of the broadband porn column.

Bad military botnet proposal still being pushed

I just came across an April 2009 BBC story which shows that USAF Col. Williamson is still promoting his idea of building a U.S. military botnet to engage in offensive denial of service attacks against foreign targets on the Internet.

But I haven't seen him respond to any of the criticisms of his bad idea, including in the online forum of the journal where he published it.

I think a more effective idea would be to adjust the computer crime statutes to provide immunity to prosecution (or at the very least an affirmative defense to criminal charges) for private responses to attacks that meet certain criteria, so that ISPs, security researchers, and competent individuals could engage in offensive actions against compromised machines to disable malicious software or take them off the network. Perhaps some kind of licensing or bonding would do the trick, and ISPs could put an exception into their acceptable use policies for entities that met the criteria.

That's also my partial response to this more recent BBC story about "what rules apply in cyber-wars" which led me to find the Williamson article.

$40 million in federal housing stabilization money not working in Phoenix

In April 2009, the city of Phoenix received $40 million in federal stimulus money under the Neighborhood Stabilization Program. This program is designed to put a floor on house prices by providing zero-interest loans of up to $15,000 to home buyers to cover downpayments and closing costs on purchases of foreclosed homes.

The number of home buyers who have used this program to date: zero.

Several hundred people have applied for the program, but none has purchased a home yet.

The program requires that buyers have incomes between $55,350 and $104,400, depending on size of family, must complete eight hours of financial counseling in budgeting and home ownership, and must invest $1,000 of their own money. The NSP loan must be repaid in the event that the home is sold or refinanced.

(Via ABC15.com.)

John Wilkins on atheism and agnosticism

John Wilkins has written a blog post on definitions of atheism and agnosticism, in which he suggests that the definition of atheism has been shifting of late (and encroaching upon agnosticism's territory). His discussion and that which follows in the comments is well worth reading.

Mark Sanford wants me to join him...

Talk about great timing--a few minutes ago, I received an email from "Governor Sanford" with the subject "Join Me." I thought perhaps it might be an invitation to travel to Buenos Aires. But no, it's an appeal from the Goldwater Institute to join, signed by Mark Sanford, the Republican Governor of South Carolina who is in the news today for confessing that his recent week-long disappearance was to visit a woman in Argentina that he's been having an affair with.

I suppose they can be sure the recipients are more likely to open such an email today, though I'm not sure how much Sanford's name will result in people giving them money.

BTW, Fox News ran a caption on Sanford's confession press conference identifying him as a Democrat, just like they did with Republican Rep. Mark Foley of Florida back in 2006.

Obama's record of kept and broken promises

Radley Balko summarizes PolitiFact's report card on Obama's promises, as:

31 promises kept, of which 20 expand government power and 6 of which make it smaller, more transparent, or more accountable, and 5 are neutral.

6 promises broken, 5 of which would have limited presidential power, provided tax breaks, or more transparency or accountability to federal government, and one of which was symbolic (recognizing the Armenian genocide).

No promises broken which expand government power.

Part 3 of SP Times series on Scientology

The third part of the St. Petersburg Times story on Scientology, "Ecclesiastical justice," is out, and it's a bit of a disappointment. It's a few more charges of abuse by the four high-ranking defectors that were already summarized in the first part, plus some accounts of the well-known Sea Org practice of "overboarding," used with swimming pools when ships aren't available. Surprisingly, the story doesn't mention that the Olympic-sized swimming pool at the Scientology "Gold Base" compound in Hemet has a faux ship, the Star of California, built into the hill next to it.

Today's stories also include some more detail about the departures from Scientology of the four senior-level defectors interviewed for the story, and some media and Internet reactions.

All in all, I think this new series of stories is not as damning as, say, Janet Reitman's "Inside Scientology" that appeared in Rolling Stone in 2006, nor as any of the older classic exposures like the six-part Los Angeles Times series by Joel Sappell and Robert W. Welkos from 1990, Richard Behar's "The Thriving Cult of Greed and Power" from Time magazine in 1991, or Richard Leiby's work in the Clearwater Sun in the 1970s and 1980s and the Washington Post in the 1990s.

I hope someday we'll see a more detailed exposure of Scientology's battle with the IRS, and the role of the Church of Spiritual Technology/L. Ron Hubbard Library in the Scientology organizational structure, and why its trustees are lawyers who aren't Scientologists, including a former Assistant Commissioner of the IRS.

UPDATE (August 2, 2009): Other Scientology defectors are now coming forward with their stories, some of which confirm the accounts of abuse given by Rinder, Rathbun, and De Vocht.

CMI makes Darwin docu-drama

Via John Lynch's blog, I see that Creation Ministries International has made a docu-drama about Darwin titled "The Voyage That Shook the World," featuring professional historians who are well-known experts on Darwin. And why did these historians participate in a creationist project?

It seems that CMI took a page from the producers of "Expelled" and set up a separate production company, and failed to disclose the nature of their production to the historians in question. That suggests to me unethical deception--lying by omission--though I'd like to know what exactly the historians were told and what releases they signed before they participated.

Updates to come if I find out.

UPDATE (June 27, 2009): CMI describes its process for the documentary, including the document sent to interviewees, on its website. No mention is made of CMI or a creationist slant to the film. The director says that "if anything, CMI’s influence was one of moderation, ensuring that all sides were fairly represented," but if he is himself a creationist and set out to make the film from a creationist viewpoint, this isn't much of a defense. Note that at least one participant questioned who was providing the funding, and was told only "private investors." And one participant tried to return his fee in order to not appear in the film.

The proof will be in the pudding--it will be interesting to see what the film's narration says and how they fit the interviews into it. There's clearly no defense if it says things that are false or misleading.

Implicit in the CMI position is that creationism is a valid, reasonable, and evidence-supported viewpoint that deserves equal representation, but that's not the case.

One thing that's clear is that anyone being interviewed for a documentary in the age of Borat and Expelled should do some due diligence before signing a release.

UPDATE: John Lynch has responded further, as well, and I agree with everything he says. Their statement about atheists having "no compunction to be truthful at all" is false and offensive, and their analogy to an investigation of the Communist party is a bad analogy.

UPDATE: P.Z. Myers has weighed in. This may be the sort of online media coverage they're hoping for--the film is showing at so few places that the biggest place in Arizona to see it is a church in Miami, AZ (population < 2,000).

UPDATE (June 29, 2009): The CMI web page contains this statement under the movie poster image: "The Voyage that Shook the World, CMI’s documentary, has atheists ranting and raging. Rather than critique the film, they falsely accuse CMI of deception." This statement itself is dishonest--the accusations of deception are accurate, and the current complaints are not necessarily in lieu of critiquing the film, if it becomes feasible to view it.

UPDATE: John Lynch responds further to CMI, and notes that he has been incorrectly identified as an atheist (he's an agnostic).

SP Times Scientology article on Lisa McPherson

Part two of the three-part series in the St. Petersburg Times on Scientology has been published, and it's a detailed account of the death of Lisa McPherson. Some of the previously unpublished details include that David Miscavige was personally monitoring McPherson's auditing over closed circuit television and deemed her "clear" in 1995, prior to her minor car accident and subsequent death after being held for 17 days in the Fort Harrison hotel and being subjected to the "introspection rundown." This is according to Tom De Vocht and Don Jason, both former high-ranking Scientologists in Clearwater. The Church of Scientology denies that Miscavige was even present in Clearwater.

In December 1999, when a judge ruled that Miscavige could be added as a defendant in the McPherson wrongful death case, he allegedly became more abusive and irrational. The criminal case against the church fell apart when the medical examiner changed her ruling from undetermined cause of death to accidental death. Former Scientologist Marty Rathbun, one of the critics speaking out for this series, agrees with the church on this point that the medical examiner's decision was based on the evidence rather than on blackmail or pressure from the church.

(Previously.)

(Photograph is of a Scientology Sea Org bus near the Fort Harrison Hotel, with a couple members of the Sea Org in uniform, on June 25, 2005. Sea Org members sign billion-year contracts.)

Creationist oil drilling

More on Zion Oil and Gas, a company tied to Hal Lindsey that picks sites to drill for oil based on misinterpretations of the Bible--and they're looking in Israel. The Bronte Capital blog writes about the company as a counterexample to the claim that all oil exploration work uses mainstream old-earth geology, so now, to be accurate, you need to say that this is true of all successful oil exploration work. (I believe Uri Geller allegedly helped in some oil or mineral exploration in the past, so the former claim had already been falsified, though I think the latter still holds.)

Bronte Capital notes that since Zion can claim that it is making its decisions based on constitutionally protected religious belief, that may be a defense against accusations of stock fraud.

Zion's stock trades on the American Exchange under stock symbol ZN. It has a market capitalization of $85.17 million, and closed last week at $8.00/share, near the bottom of its 52-week range ($5.07-$17.68). The company formed in 2000 and has offices in Texas and Israel.

The company's stock is, unfortunately, not available for shorting.

Here's a Zion promotional video:





(Previously.)

Former high-ranking Scientologists speak out in SP Times

It turns out former head of Scientology's Office of Special Affairs Mike Rinder, who left the Church of Scientology in 2007, has decided to speak out after all. And so has Marty Rathbun, who was Inspector General of the Religious Technology Center, the organization that acts as agent for all of Scientology's intellectual property and was prominent in legal action against online critics.

The St. Petersburg Times is running a multi-part story on their allegations of corruption and abuse inside the Church of Scientology, confirming and expanding upon stories that have long been staples of online criticisms of the church:

• Physical violence permeated Scientology's international management team. Miscavige set the tone, routinely attacking his lieutenants. Rinder says the leader attacked him some 50 times.

Rathbun, Rinder and De Vocht admit that they, too, attacked their colleagues, to demonstrate loyalty to Miscavige and prove their mettle.

• Staffers are disciplined and controlled by a multi­layered system of "ecclesiastical justice.'' It includes publicly confessing sins and crimes to a group of peers, being ordered to jump into a pool fully clothed, facing embarrassing "security checks'' or, worse, being isolated as a "suppressive person.''

At the pinnacle of the hierarchy, Miscavige commands such power that managers follow his orders, however bizarre, with lemming-like obedience.

• Church staffers covered up how they botched the care of Lisa McPherson, a Scientologist who died after they held her 17 days in isolation at Clearwater's Fort Harrison Hotel.

Rathbun, who Miscavige put in charge of dealing with the fallout from the case, admits that he ordered the destruction of incriminating evidence. He and others also reveal that Miscavige made an embarrassing miscalculation on McPherson's Scientology counseling.

• With Miscavige calling the shots and Rathbun among those at his side, the church muscled the IRS into granting Scientology tax-exempt status. Offering fresh perspective on one of the church's crowning moments, Rathbun details an extraordinary campaign of public pressure backed by thousands of lawsuits.

• To prop up revenues, Miscavige has turned to long-time parishioners, urging them to buy material that the church markets as must-have, improved sacred scripture.

Church officials deny the accusations. Miscavige never hit a single church staffer, not once, they said.

This is likely to create a huge uproar within the Church of Scientology, and provoke more significant departures over the next few years.

The first of three parts is up at the St. Petersburg Times, which gives some highlights of the allegations, Scientology's response, and a brief history of Scientology's "Operation Snow White," David Miscavige's rise to power as head of the church, and the church's battles with the IRS, which culminated in a secret agreement that gave Scientologists tax deductions no other religions get. (They get to write off the full value of their payments for "services," not just the portion above the value received in return--though perhaps that's just an implicit acknowledgment that they have no value.)

Scientology has responded by attacking the sources in its usual manner, arguing that they had ethical problems while they were in Scientology (they agree--Rinder admits he lied to the media when he was working for Scientology) and releasing their confessions to wrong-doing from auditing sessions. They also have produced current Scientologists who deny the accounts of abuse by Miscavige, and included "a story of Miscavige spotting an injured sparrow, talking to it and checking back later to see if it lived. 'It was immensely tender.'" And they assert that this is part of an extortion campaign by the former members.

Part two will focus on the Lisa McPherson case, which was brought to the world's attention when critic Jeff Jacobsen, my co-author on "Scientology v. the Internet" for Skeptic magazine, discovered it and recognized its significance. (Also see Jeff's more recent article on "Anonymous" and Scientology.)

Part three will have more information from recent high-ranking defectors--in addition to Rinder and Rathbun, Amy Scobee of the Church's Celebrity Center network and Tom DeVocht, who oversaw the church's "spiritual headquarters" in Clearwater, Florida (where Lisa McPherson died), have spoken to the Times.

(The photo is of the Scientology "Super Power" building in Clearwater, Florida, taken on June 25, 2005.)

Technology tidbits

From the Technology Quarterly report in the June 6-12, 2009 issue of The Economist, a few articles of interest:

• Gasoline/compressed-air hybrid vehicles may prove more cost-effective than gas-electric hybrids.
• Bigelow Aerospace wins challenge against export control regulations that would have required non-U.S. passengers on space flights to be treated as recipients of technology transfers, which would have required an onerous approval and monitoring process. (Not reported in the story is that Robert Bigelow is now funding MUFON to pay UFO researchers.)
• Delay-tolerant network protocol (DTN), developed with assistance from Vint Cerf, has been tested to transfer data between NASA's EPOXI probe and earth-based stations, which will lead to an interplanetary internet that includes the International Space Station.
• The heart of the cockroach has been used as the model for a new type of low-cost artificial heart for humans.
• Researchers are devising a laser-based defense mechanism to shoot down mosquitoes rather than missiles. Funded by the Gates Foundation, the prototype cost is only about $100. We'd like one.
  

A code of conduct for effective rational discussion

John Wilkins sets out "a code of conduct for effective rational discussion," a list of principles for debate and discussion that aims at approaching truth rather than winning a rhetorical battle, at the new location of his Evolving Thoughts blog.

The list of proposed principles is:

1. The Fallibility Principle
2. The Truth-Seeking Principle
3. The Clarity Principle
4. The Burden of Proof Principle
5. The Principle of Charity
6. The Relevance Principle
7. The Acceptability Principle
8. The Sufficiency Principle
9. The Rebuttal Principle
10. The Resolution Principle
11. The Suspension of Judgement Principle
12. The Reconsideration Principle
13. Fleck’s Addendum

Check out Evolving Thoughts for discussion of each of these principles.

Evolution, religion, schizophrenia, and the schizotypal personality

Stanford neuroscientist Robert Sapolsky giving a lecture on the evolution of schizophrenia, and how schizotypal personality and its associated "metamagical thinking" may be adaptive, and a source or driver for religious belief in a community.



(Via boingboing.)

ApostAZ podcast #16

The latest ApostAZ podcast is now out:

Episode 016 Atheism and Bleep-Free Thought in Phoenix! Go to meetup.com/phoenix-atheists for group events! Special Guest August Berkshire. August Berkshire is vice-president of Atheist Alliance International (AAI), and past president of Minnesota Atheists.

He is also in the midst of a three-week tour through the midwest and southwest visiting various atheist groups along the way including our own Phoenix Atheist group. Intro: Roll with an Atheist by Charlie Checkm. Outro: Fallen on the Front Lines by Galt Aureus.

August is the owner of the “ATHEIST” license plate for Minnesota and is proud to be listed in the reference book Who’s Who in Hell.
-----------
Origin of the "Seven Deadly Sins": http://en.wikipedia.org/wiki/7_deadly_sins

Goldwater Institute hires investigative journalist

As newspapers decline and die, it's good to see other opportunities opening up to support investigative journalism. Along with wire services, which are beefing up their staffs and seeing growing profits as their content is syndicated to more and more places including websites and broadcast media, think tanks are also getting into the business. (There are also other nonprofits that support investigative journalism, such as the Center for Public Integrity.)

The Goldwater Institute has hired investigative reporter Mark Flatten from the Tribune to investigate and report on cases of government corruption, abuse, and waste. Flatten is an award-winning reporter who has covered state government for nearly 20 years in Arizona, including covering the impeachment of former Gov. Evan Mecham, the AzScam corruption scandal, and the alternative fuels fiasco.

Flatten is the only reporter who has ever been banned from the floor of the state legislature, which occurred at the order of former Arizona Speaker of the House Don Aldridge (R-Lake Havasu City) because of Flatten's reporting on links between Aldridge and Max Dunlap, who was convicted for his part in the 1976 murder of Arizona Republic reporter Don Bolles. In 1976, Aldridge was a member of the Maricopa County Board of Supervisors, and he accompanied Dunlap to the law office of Neal Roberts on June 2, the day a bomb went off under Bolles' car, allegedly about a runway paving problem at the Mohave County Airport (as reported in the Kingman Daily Miner, June 28, 1976). On June 3, Roberts and Dunlap met at Durant's Restaurant to discuss raising $25,000 for the defense of Bolles' killer, John Harvey Adamson, who was at the time facing a minor criminal charge and had not yet been caught for the murder.

A May 10 NPR story describes the Goldwater Institute's job ad for this position and raises concerns about political bias infecting any stories produced. While I think that's a real concern, I think it's often better to have stories come from an advertised bias rather than pretend objectivity. In any case, Flatten's stories have gone after abuse regardless of party (Mecham was a Republican, the alternative fuels fiasco was caused by a Republican, and AzScam caught both Republicans and Democrats taking bribes).

I look forward to seeing what he will investigate and write about in this new role.

UPDATE (October 19, 2009): Flatten has published his first major investigative piece since being hired by the Goldwater Institute, and it's an account of how a federal program designed to provide business opportunities to the disadvantaged is being used by political insiders for their own benefit, including County Supervisor Mary Rose Wilcox. Wilcox obtained the Chili's Too franchise in Terminal 4 at Sky Harbor Airport as an Airport Concession Disadvantaged Business Enterprise (ACDBE), which requires that the owner participate in the day-to-day operation of the business, which she does not (though perhaps her co-owner does?). She also received a $450,000 loan from Host International which meant she didn't have to bring any money to the table, a loan which violated city policy (the City of Phoenix owns and operates Sky Harbor).

Flatten's "High Fliers" report may be found here.

David Paszkiewicz takes students to Creation Museum

David Paszkiewicz, the Kearny, NJ high school teacher who was proselytizing for Christianity and creationism and then lied about it when his student Matthew LaClair complained, only to be caught because LaClair recorded the evidence, is taking students from the school on a field trip to the Creation Museum. Paszkiewicz, who is also the advisor for the school's Christian Club, wants students to be exposed to the "science behind creationism."

Apparently the original plan was to take this field trip during school hours using taxpayer funds.

Matthew LaClair will be discussing this tonight on Equal Time for Freethought on WBAI radio 99.5 FM in NYC at 6:30 p.m. EDT, 3:30 p.m. MST (Arizona). WBAI broadcasts on the Internet in several streaming audio formats, so you don't have to be in NYC to listen.

My AHA workshop session on Thursday

I'll be giving a talk during the pre-conference workshop sessions at this week's American Humanist Association conference, which is being held June 5-7 at the Tempe Mission Palms Hotel.

My talk is on Thursday, June 4, from 4-5 p.m. in the Palm F room. While there is ordinarily a $20 charge for the pre-conference workshops, readers of this blog may attend for free (but donations to the AHA are appreciated).

My talk is entitled "Lessons learned from 25 years of battling creationists, Scientologists, and fundamentalists online."

I'll also be representing the Arizona Coalition of Reason at a press conference on Friday morning about a new billboard campaign.

More about that on Friday.

UPDATE (June 4, 2009): My presentation (Keynote format) is here, published with a Creative Commons license (noncommercial, attribution, no derivative works).

UPDATE (June 8, 2009): Friday's press conference was held by the American Humanist Association, the United Coalition of Reason, and the Arizona Coalition of Reason. Roy Speckhardt of the AHA introduced the press conference, Fred Edwords of United COR announced his new group and that it plans to start up about 20 COR groups throughout the country by the end of the year, and I spoke on behalf of ArizonaCOR. We have a billboard up at 44th St. and Washington, on the southbound route into Sky Harbor airport.

We got press coverage from ABC Ch. 15, Fox Ch. 10, and independent Ch. 3, from the Arizona Republic and New Times, and from KTAR radio. ASU's State Press will also be running a story.

Most spun the issue as a big controversy, but that seems outlandish to me. Fox's "man on the street" interviews ended up with two atheists out of five interviewed, and most didn't seem to think it was a big deal. The owner of the business near the billboard made some strange argument about how the billboard should have required special regulatory approval, since he needed to get approval for his own business's signs--but apparently didn't recognize that such approval would only be needed for the billboard itself (unless it was grandfathered), not for its content.

UPDATE (June 21, 2009): Here's my presentation, embedded via SlideShare:

UPDATE (June 29, 2009): Leslie Zukor of the Reed Secular Alliance at Reed College gives a recap of the AHA conference.

Sen. Jon Kyl's flip-flop on judicial filibustering

On May 19, 2005, Sen. Jon Kyl (R-AZ) spoke out against filibustering judicial nominations of President George W. Bush, and said he was willing to give up the tool permanently, and not block future Democratic presidential nominees:

"Republicans seek to right a wrong that has undermined 214 years of tradition - wise, carefully thought-out tradition. The fact that the Senate rules theoretically allowed the filibuster of judicial nominations but were never used to that end is an important indicator of what is right, and why the precedent of allowing up-or-down votes is so well established. It is that precedent that has been attacked and which we seek to restore....

My friends argue that Republicans may want to filibuster a future Democratic President's nominees. To that I say, I don't think so, and even if true, I'm willing to give up that tool. It was never a power we thought we had in the past, and it is not one likely to be used in the future. I know some insist that we will someday want to block Democrat judges by filibuster. But I know my colleagues. I have heard them speak passionately, publicly and privately, about the injustice done to filibustered nominees. I think it highly unlikely that they will shift their views simply because the political worm has turned."

But now he suggests he's willing to lead the filibustering against any Obama nominee who uses empathy:

The Senate's No. 2 Republican on Sunday refused to rule out an effort to block confirmation if President Barack Obama seeks a Supreme Court justice who decides cases based on "emotions or feelings or preconceived ideas."

Sen. Jon Kyl made clear he would use a filibuster, a procedural move to delay a final vote on a bill or nominee, if Obama follows through on his pledge to nominate someone who takes into account human suffering and employs empathy from the bench.

(Via Dispatches from the Culture Wars.)

UPDATE (May 28, 2009): Kyl continues to expand upon his hypocrisy on this issue:

Kyl, when Bush was in office, about the lack of necessity for long hearings on judicial nominees:

One might wonder why we would need more than just a couple of days of debate (the average of recent nominees is two to three days), especially since nothing new has been said for weeks. But, if the public has noticed anything during this process it is that senators value their right of unlimited debate.

Kyl on the need for long hearings on judicial nominees, now that Obama is in office:

"To that end, when John Roberts was first nominated on July 19, 2005, and subsequently re-nominated to be Chief Justice on September 6, 2005, Senate Republicans afforded the minority ample time to adequately examine his background and qualifications before he received a confirmation vote 73 days later.

"When Samuel Alito was first nominated on October 31, 2005, the minority was afforded 93 days before he received a confirmation vote on January 31, 2006.

"I would expect that Senate Democrats will afford the minority the same courtesy as we move forward with this process."

There's a bit of further irony here in that the delay for Alito's hearing, originally scheduled for December 2005 but moved to January 2006, was caused by Republican Senators Kyl and Mike DeWine (R-OH), because they needed the time for campaigning for re-election in their home districts.

Ian Plimer on climate change

As was mentioned last August by commenter Ktisophilos, Ian Plimer has a new book out on climate change, titled Heaven and Earth: Global Warming: The Missing Science, in which he challenges claims of anthropogenic global warming.

Plimer is an Australian professor of geology who I criticized for his methods in debate with creationists, as well as for his reliability and accuracy. He responded by criticizing me with more misrepresentation in his book Telling Lies for God, which contained numerous errors, as well as multiple cases of failure to properly quote and cite sources that he used in writing the book. (The Creation Ministries International documentary for which I was interviewed, Facing the Fire, is about Plimer's 1988 debate with Duane Gish of the Institute for Creation Research.)

It now appears that Plimer's latest work is also extremely sloppy and contains erroneous source attributions. Tim Lambert at the Deltoid ScienceBlog identifies a long list of problems in the book by page number, points out the facts about Plimer's misleading figure 3, which doesn't originate from the source Plimer has claimed, and about another misrepresented source and graph.

Some Christians who found Plimer to be worthless as a source on creationism as a result of my critique have nonetheless found him to be a worthwhile source on anthropogenic climate change, such as Bill Muehlenberg and some of the commenters at his CultureWatch blog. This strikes me as an inconsistent position--Plimer has demonstrated unreliability in both debates, and shouldn't be relied upon as a source for either. That doesn't mean to ignore what he says, or that everything he says is wrong--it's just that everything he says needs to be thoroughly checked for accuracy. If it checks out, then it's better to cite the original source, not Plimer.

UPDATE (May 26, 2009): Commenter Paul points out a review of Plimer's book by Barry Brook, which also includes a link to a point-by-point critique of the book by Prof. Ian Enting of the University of Melbourne (PDF). (This link has been updated as of June 1, 2009 to point to a location that will continue to maintain the most recent version of the critique, as per a comment below from Prof. Enting.)

UPDATE (May 28, 2009): Bill Muehlenberg still appears to be refusing to publish contrary opinions from me, continuing his past record. I posted the following two comments on his blog, which he has not allowed through moderation:

1. Comment submitted on the evening of May 22, 2009:

I am a critic of creationism and skeptic who challenged Ian Plimer's methods and reliability in his criticisms of creationism (cited by one of your commenters above). I am sorry to say that Plimer's methods and reliability continue to be unsound in his contribution to the climate change debate. For example, see the following two blog posts that document errors and falsehoods in his new book:

http://scienceblogs.com/deltoid/2009/04/the_science_is_missing_from_ia.php

http://scienceblogs.com/deltoid/2009/05/ian_plimer_lies_about_source_o.php

I think that Plimer is mostly correct about creationism (it's nonsense) and mostly incorrect about climate change (there are real trends that correlate with human activity), but given his record he shouldn't be relied upon as a source in either debate without carefully checking up on everything he says.

2. Submitted on the morning of May 23, 2009:

Bill:

I do hope you will let my comments through moderation.

Here is another post from the Deltoid ScienceBlog about Ian Plimer misrepresenting one of his own sources:

http://scienceblogs.com/deltoid/2009/05/plimer_and_arctic_warming.php

UPDATE (September 2, 2009): Plimer has descended further into irrationality in his exchange with George Monbiot.

UPDATE (December 17, 2009): Plimer engaged in a debate, of sorts, with George Monbiot, on Australia's "Lateline" program. Monbiot offers his overview of how it went.

Tracking cyberspies through the web wilderness

Yesterday's New York Times has an interesting article about how security researchers at the University of Toronto have helped uncover online spy activity, apparently conducted by the Chinese government, against the Dalai Lama's office in India.

One odd comment in the article: "And why among the more than 1,200 compromised government computers representing 103 countries, were there no United States government systems?"

I find this particularly odd in that I've seen compromised U.S. government systems plenty of times in my information security career, including spam issued from military computers. I don't find it plausible that the U.S. government has recently improved the security of all of its computers and networks so that there are no more compromised systems.

In the context of the article, it's discussing more specifically compromises due to the particular spy ring being monitored. The preceding sentences point out that they weren't able to determine with certainty who was running it, and the immediately preceding sentence asks, "Why was the powerful eavesdropping system not password-protected, a weakness that made it easy for Mr. Villeneuve to determine how the system worked?"

The question should actually have asked why it wasn't encrypted, rather than "password-protected," but the possibilities suggested to me here are that (a) this particular activity is being run by amateurs or (b) this particular activity was intentionally detectible as either (i) a distraction from other, more hidden activity or (ii) to put the blame on China by somebody other than China.

Ambiguous letter in Smithsonian magazine

The April 2009 issue of Smithsonian magazine prints two letters about February's "Darwin and Lincoln" article under the heading "Twin piques." The first reads:

The only place Darwin and Lincoln are equals is in the mind of author Adam Gopnik ["Twin Peaks"]. What a stretch to weave their lives together because they share a birthday. "High peaks [that] look out toward each other"? Total hyperbole.
Rick Munsell
The Villages, Florida

Unfortunately, Dr. Munsell, a veterinarian from Florida who got his college degrees in Mississippi, doesn't tell us which reputation he thinks is exaggerated. Given his status as a southerner, he could either be a fan of the Confederacy and southern secession, or he could be an anti-evolutionist. Then again, perhaps he just thinks nobody is ever equal to anybody else...

Lippards sight flying snakes

In any event, the next Carolina sighting is only briefly detailed, sadly, since it sounds even more interesting than most. On the afternoon of 16 September 1904, in the countryside near Troutman, North Carolina, Mrs John B Lippard and her children saw "30 or more large snakes sailing through the air" over their farm. Each was about 5ft (1.5m) long and 4-5in (10-13cm) wide. "They watched the snakes sail around and alight in a piece of thickety pine woods... Most assuredly these people saw something." (Statesville Landmark, 20 Sept)

Quoted from p. 34 of Jerome Clark, "Sky Serpents," Fortean Times magazine, #248, June 2009, pp. 30-36.

UPDATE (12 September 2014):  There are, in fact, gliding snakes in the jungles of south and southeast Asia.

Who's behind the financial meltdown?

The Center for Public Integrity, an organization I support, has just published the results of an investigation into the roots of the recent economic crisis and the major players involved:

The top subprime lenders whose loans are largely blamed for triggering the global economic meltdown were owned or backed by giant banks now collecting billions of dollars in bailout money — including several that have paid huge fines to settle predatory lending charges. The banks that funded the subprime industry were not victims of an unforeseen financial collapse, as they have sometimes portrayed themselves, but enablers that bankrolled the type of lending threatening the financial system.
...

According to the analysis:

• At least 21 of the top 25 subprime lenders were financed by banks that received bailout money — through direct ownership, credit agreements, or huge purchases of loans for securitization.

• Nine of the top 10 lenders were based in California, including all of the top five — Countrywide Financial Corp., Ameriquest Mortgage Co., New Century Financial Corp., First Franklin Corp., and Long Beach Mortgage Co.

• Twenty of the top 25 subprime lenders have closed, stopped lending, or been sold to avoid bankruptcy. Most were non-bank lenders.

• Eleven of the lenders on the list, including four recipients of bank bailout funds, have made payments to settle claims of widespread lending abuses.

Check out the full report.

Greater percentage of nonreligious join religion than vice-versa

In an op-ed at the New York Times, Charles Blow offers a rebuttal to the claim that most people follow particular religions because they are raised in those religions with the following:

Maybe, but a study entitled “Faith in Flux” issued this week by the Pew Forum on Religion and Public Life questioned nearly 3,000 people and found that most children raised unaffiliated with a religion later chose to join one. Indoctrination be damned. By contrast, only 14 percent of those raised Catholic and 13 percent of those raised Protestant later became unaffiliated.

(It should be noted that about a quarter of the unaffiliated identified as atheist or agnostic, and the rest said that they had no particular religion.)

I don't think this is particularly informative or much of a rebuttal, given that most of those "unaffiliated" were not actually raised atheist or agnostic, and that it would not be particularly surprising that someone raised in an unaffiliated-but-religious environment would end up joining a particular church that they found compatible with the views they were raised with. Without more specific data, I don't think this at all refutes the claim that most people follow the religious traditions and views they are raised with, which I think is very well supported by the geographical distribution of religious belief.

It is still interesting, however, that a majority of the unaffiliated become affiliated, and that the number one reason for that, according to Blow, is that "Most said that they first joined a religion because their spiritual needs were not being met." Blow writes:

As the nonreligious movement picks up steam, it needs do a better job of appealing to the ethereal part of our human exceptionalism — that wondrous, precious part where logic and reason hold little purchase, where love and compassion reign. It’s the part that fears loneliness, craves companionship and needs affirmation and fellowship.

Here, I think he makes a good point, though I think the label of "spiritual needs" is a misnomer. This is, I think, the same point I've made in a few posts at this blog, including one on April 29 where I wrote that an overly intellectualized understanding of human beings is a mistake that some atheists make, and one on how Pentecostalism has been tremendously successful with its focus on these other aspects of humanity.

By the way, it's important to note that even if a greater percentage of the nonreligious join religion than vice versa, that doesn't mean that a greater number of the nonreligious join religion than vice versa, and in fact we know that isn't the case from the data that shows that the "unaffiliated" group is the fastest growing group in the U.S.

Same-sex marriage in Christian history

Jinxiboo's blog reports on Saint Sergius and Bacchus, officers in the Roman army exposed as secret Christians and martyred in the fourth century:

A Kiev art museum contains a curious icon from St. Catherine's Monastery on Mt. Sinai in Israel. It shows two robed Christian saints. Between them is a traditional Roman ‘pronubus’ (a best man), overseeing a wedding. The pronubus is Christ. The married couple are both men.
...

Prof. John Boswell, the late Chairman of Yale University’s history department, discovered that in addition to heterosexual marriage ceremonies in ancient Christian church liturgical documents, there were also ceremonies called the "Office of Same-Sex Union" (10th and 11th century), and the "Order for Uniting Two Men" (11th and 12th century).

These church rites had all the symbols of a heterosexual marriage: the whole community gathered in a church, a blessing of the couple before the altar was conducted with their right hands joined, holy vows were exchanged, a priest officiatied in the taking of the Eucharist and a wedding feast for the guests was celebrated afterwards. These elements all appear in contemporary illustrations of the holy union of the Byzantine Warrior-Emperor, Basil the First (867-886 CE) and his companion John.

Such same gender Christian sanctified unions also took place in Ireland in the late 12thand/ early 13th century, as the chronicler Gerald of Wales (‘Geraldus Cambrensis’) recorded.

Same-sex unions in pre-modern Europe list in great detail some same gender ceremonies found in ancient church liturgical documents. One Greek 13th century rite, "Order for Solemn Same-Sex Union", invoked St. Serge and St. Bacchus, and called on God to "vouchsafe unto these, Thy servants [N and N], the grace to love one another and to abide without hate and not be the cause of scandal all the days of their lives, with the help of the Holy Mother of God, and all Thy saints". The ceremony concludes: "And they shall kiss the Holy Gospel and each other, and it shall be concluded".

Another 14th century Serbian Slavonic "Office of the Same Sex Union", uniting two men or two women, had the couple lay their right hands on the Gospel while having a crucifix placed in their left hands. After kissing the Gospel, the couple were then required to kiss each other, after which the priest, having raised up the Eucharist, would give them both communion.

Records of Christian same sex unions have been discovered in such diverse archives as those in the Vatican, in St. Petersburg, in Paris, in Istanbul and in the Sinai, covering a thousand-years from the 8th to the 18th century.

The Dominican missionary and Prior, Jacques Goar (1601-1653), includes such ceremonies in a printed collection of Greek Orthodox prayer books, “Euchologion Sive Rituale Graecorum Complectens Ritus Et Ordines Divinae Liturgiae” (Paris, 1667).

While homosexuality was technically illegal from late Roman times, homophobic writings didn’t appear in Western Europe until the late 14th century. Even then, church-consecrated same sex unions continued to take place.

The evangelical Christian response will likely be to either question whether these were really like "marriage" or reject them as Satan-inspired evil that shows how far astray the Roman Catholic and Eastern Orthodox churches have gone.

Wikipedia has more on Sergius and Bacchus.

Unconscious decision-making

Evidence continues to mount that human decision-making occurs in the brain prior to conscious awareness of the decision, which is evidence against the common religious view of a soul, separate from the brain, which is the seat of all of our mental capacities. It's also at odds with an overly intellectualized view of human beings held by some atheists (as well as all Scientologists, who consider unconscious decision-making by the "reactive mind" or festering "body thetans" to be the cause of human unhappiness), on which we must strive to make all of our decisions based on conscious, deliberative reason. I don't think this is a very common view among atheists today, who tend to have some familiarity with evolution and cognitive science, but there are still some out there who have an overly idealized view of what a rational human being should be.

A view of human beings that focuses solely on the intellectual and reason is not only at odds with the facts about how our cognition works, it gives short shrift to the importance of social bonds and emotion, which are areas that some religions focus on to the exclusion of the intellectual--with great success in expanding their memberships, at least over the short term.

George W. Bush on the difference between democracy and dictatorship

"It's important for people to understand that in a democracy, there will be a full investigation. In other words, we want to know the truth. In our country, when there's an allegation of abuse ... there will be a full investigation, and justice will be delivered. ... It's very important for people and your listeners to understand that in our country, when an issue is brought to our attention on this magnitude, we act. And we act in a way in which leaders are willing to discuss it with the media. ... In other words, people want to know the truth. That stands in contrast to dictatorships. A dictator wouldn't be answering questions about this. A dictator wouldn't be saying that the system will be investigated and the world will see the results of the investigation."

And on the treatment of war crimes: "War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, ‘I was just following orders."

The former quote is from the video below, the latter quote is from this March 2003 CNN transcript.

(First quote via Dispatches from the Culture Wars, second quote via The Agitator.)

And, for your edification, please read Scott Horton's article, "Busting the Torture Myths."

"Fleeting expletives" FCC rule upheld

The FCC rule on "fleeting expletives," permitting massive fines even for individual occurrences of the "seven words you can't say on television," arguing that they always have sexual connotations even when used as an intensifier, was upheld by the U.S. Supreme Court in a 5-4 decision. The decision is noteworthy for using the terms "F-word" and "S-word" and "f***ing" and "s****" in its text, rather than spelling them out.

Clarence Thomas' concurrence in the majority, however, questioned the constitutional basis of the FCC's ability to regulate content. It should be just a matter of time before the FCC's ability to regulate indecency is curtailed, but the Supreme Court did not rule on that issue in this case.

Adam Thierer at the Technology Liberation Front has a thorough commentary:
Part 1, Part 2, Part 3, Part 4

Thierer points out that Scalia, purportedly a strict constitutionalist, in his decision has endorsed a brand-new justification for the FCC's power to regulate broadcast content. The original justification was that the airwaves were a scarce resource that needed to be protected for productive uses; the new argument is that because there are so many unregulated alternatives like cable, satellite, and the Internet, that the government needs to protect one last refuge from offensive content.

(Previously, previously.)

Obama's $100M proposed budget cut, in perspective

A nice visual depiction of what it amounts to.



(Via The Agitator.)

ApostAZ podcast #15

Whoops, forgot to report on this one when it was released last month:

Episode 015 Atheism and wheat-gluten-Free Thought in Phoenix! Go to meetup.com/phoenix-atheists for group events! All Music from Greydon Square- CPT Theorem and Compton Effect,Group Events, Sao Paulo- Making Hard Decisions is a Crime Against the Church, Half of UK Folks Agree that Evolution Makes God Obsolete, Thunderf00t's PEARL of a Youtube vid.

Comments: The woman who claimed that someone being "dead" and resuscitated after eight minutes was miraculous is a bit off in her claim, since hearts and lungs are routinely stopped in open heart surgery for 4-6 hours, though that involves oxygenation of the blood by a heart-lung bypass machine. Perhaps more to the point are some hypothermia near-death cases, some of which have lasted for hours, like this recent case in Minnesota.

Nassim Taleb's ten principles for a black-swan-proof world

At the Financial Times (with more detail for each item):

1. What is fragile should break early while it is still small.

2. No socialisation of losses and privatisation of gains.

3. People who were driving a school bus blindfolded (and crashed it) should never be given a new bus.

4. Do not let someone making an “incentive” bonus manage a nuclear plant – or your financial risks.

5. Counter-balance complexity with simplicity.

6. Do not give children sticks of dynamite, even if they come with a warning .

7. Only Ponzi schemes should depend on confidence. Governments should never need to “restore confidence”.

8. Do not give an addict more drugs if he has withdrawal pains.

9. Citizens should not depend on financial assets or fallible “expert” advice for their retirement.

10. Make an omelette with the broken eggs.

(Via Will Wilkinson.)

The banker who said no

A banker who resisted the urge to invest in toxic assets during the boom is cleaning up during the bust. Andy Beal of Beal Bank in Plano, Texas "virtually stopped making or buying loans" from 2004 to 2007, leading people around him to think he was crazy. Now he's buying up loans at fire sale prices and has tripled his bank's assets to $7 billion in the last 15 months, and without government bailout money.

Beal is also known for high-stakes poker games against the top poker players in the world, in which he has lost more than he's won, but occasionally taken for a lot of money (including an $11 million win in one day).

What the laws of physics say about sustainable energy

Cambridge University physicist David MacKay's book, Sustainable Energy: Without the Hot Air, is available for free download or perusal in a variety of forms including HTML, PDF and PostScript, at the website www.withouthotair.com.

The ICR does law as well as it does science

The Institute for Creation Research Graduate School has filed a lawsuit in the state of Texas over its inability to advertise master's degrees in science that it is not accredited or permitted to offer in the state of Texas.

An attorney evaluates their lawsuit and finds that it's as crazy as their science, and doomed to dismissal.

(Via Pharyngula).

American Religious Identification Study 2008

The American Religious Identification Study 2008 has been published, and the only group to grow across the entire country is the "no religion" group.

Here's how Arizona's religious identifications have changed in the last decade:

1990: 24% Catholic, 57% other Christian, 3% other religions, 13% none, 3% don't know/refused to answer.

2009: 29% Catholic, 44% other Christians, 5% other religions, 17% none, 5% don't know/refused to answer.

The states with the highest percentage of persons identifying themselves as having no religion in 2008 are:

Vermont, 34%
New Hampshire, 29%
Wyoming, 28%
Maine, 25%
Washington, 25%
Nevada, 24%
Oregon, 24%
Delaware, 23%
Idaho, 23%
Massachusetts, 22%
Colorado, 21%
Montana, 21%

(Via the Secular Outpost.)

AiG/CMI dispute settled

CMI has taken down its AiG-critical material and posted a notice that reads:

CMI and AiG are pleased to inform you that the dispute between the ministries has been settled to their mutual satisfaction. Each ministry is now focused on its respective mission, having put this dispute behind them in April of 2009.

Nathan Zamprogno noted in a comment on my last blog post on this dispute that AiG still had some of its CMI-critical material about the case online, but it now appears to have been taken down as well.

Jeff Benedict and Little Pink House

This afternoon I had the pleasure of hearing writer Jeff Benedict speak about his book, Little Pink House, which is the story behind the Kelo v. New London case that went to the U.S. Supreme Court in 2005. That case, which ruled that New London did have the right to use eminent domain to seize private property and turn it over to another private entity--effectively retranslating the Fifth Amendment's use of the words "public use" into the meaning "public benefit"--was a case I thought I was familiar with. But Benedict's talk revealed that while I was aware of some of the facts relevant to the legal case, I really had no idea about the whole story. In his short talk, he conveyed some of the events and details that did not make it to the national press, but which make the story all the more interesting. The political battles between state and city government, the plan to get Pfizer to stay in Connecticut when it was looking elsewhere, and the personalities involved made for a genuinely moving talk even when we already know how the story ends.

I look forward to reading his book.

The Cybersecurity Act of 2009

There's FUD spreading about Sec. 14 of the Cybersecurity Act of 2009, maintaining that it amounts to an effective repeal of the 4th Amendment for the Internet. That's not so--the scope is restricted to "threat and vulnerability information" regarding the Internet, which I interpret to mean network service provider knowledge about compromised systems, botnets, etc., much of which is no doubt already being voluntarily shared with the government as is permissible under the Electronic Communications Privacy Act of 1986, when, in the course of a provider's normal service monitoring, it becomes aware of possible criminal activity.

I expect I'll have more to say after I have a chance to read through the whole bill (PDF).

SkeptiCamp Phoenix today

Today is the big day for SkeptiCamp Phoenix, starting at about 12:30 p.m. this afternoon.

Magic Tony, one of our presenters, will be live-blogging the event at his blog, and there may also be twittering at #skepticamp. No live video this time, but there will likely be video of at least some talks put online after the event, along with photos, presentations, and recaps.

I received the t-shirts last night (the back of which is shown in the photo) and the official SkeptiCamp 2009 banner earlier in the week, and I've got boxes of Skeptic magazine, Skeptical Inquirer, and some books for distribution to participants. Thanks to the generous contributions of our sponsors, the Skeptics Society/Skeptic magazine, the Committee for Skeptical Inquiry/Skeptical Inquirer magazine, and the James Randi Educational Foundation, who provided the materials and funds for the t-shirts (which will also defray a portion of our dinner tonight after the event at Tempe's Rula BulaBoulders on Broadway).

It looks like we'll have about twenty people physically present at the event, and twelve or thirteen presentations, some 30-minute presentations and some 10-minute presentations. The current list of presentations:

Tony Barnhart, Methods of the Pseudo-Psychic
Abraham Heward, What's the difference between skepticism and denial? (led discussion)
David Jackemeyer, Henry Hazlitt's Thinking as Science
Don Lacey, Words Important to Skepticism (PowerPoint 2007)
Jim Lippard, Positive Side-effects of Misinformation (SlideShare)
John Lynch, Academic Freedom and Intelligent Design (SlideShare)
Shannon Rankin, Skepticism for Dummies
David Weston, Creating Skeptical Happiness (PowerPoint)
Jack Ray, Skeptical Dating
Mike Stackpole, Practical Techniques for Street Skepticism
Charlie Cavanaugh Toft, Teaching Critical Thinking
Xarold Trejo, Why I am a Skeptic

SkeptiCamp Phoenix will be the first live-blogged SkeptiCamp event, and this is also the first day on which there will be two SkeptiCamp events in the same day--the other one going on today is SkeptiCamp Vancouver, which is occurring this afternoon at Langara College, with the sponsorship of the BC Skeptics.

UPDATE (April 2, 2009): Don Lacey of the Skeptics of Tucson, who participated in SkeptiCamp Phoenix, offers his thoughts at the James Randi Educational Foundation's Swift blog. ScienceBlogger and SkeptiCamp Phoenix participant John Lynch gives a recap at his blog.

Dan Barker's Losing Faith in Faith, in Spanish

Dan Barker's book, Losing Faith in Faith, has been translated into Spanish and is available as a free PDF download, Perder la fe en la fe.