December 2012 - Page 4 of 7 - Ramblin' with Roger

Another day, another mass shooting

After President Reagan was nearly assassinated in March 1981, there was a “commonsense” limit on assault weapons, but that law lapsed nearly a decade ago.

When I first heard about the mass shooting in Newtown, Connecticut, it wasn’t until about noon on Friday, December 14, a couple of hours after the horrific event. After lunch, I spent about three hours listening to the online reporting, first on NBC News, then ABC News. I figured if I kept following it, perhaps I’d discover they’d gotten it wrong. And they had – it wasn’t 18 dead children, it was 20. The wrong brother was initially named as the shooter. The basic framework, though, remained terribly the same.

Sometimes, when people don’t like a piece of entertainment, they’ll say, “I threw up a little in my mouth.” A crude reference, I think. But, following this story, I literally DID.

My sorrow over the particulars of the story was made worse by the inevitable statements that we need to have a national “conversation” about gun control and mental health. Except that, for some, it’s not the right time; apparently, it’s NEVER the right time, because we’re always reeling from the last event. Rep. Jerrold Nadler of New York said, correctly, “If now is not the time to have a serious discussion about gun control and the epidemic of gun violence plaguing our society, I don’t know when is.”

After President Reagan was nearly assassinated in March 1981, there was a “commonsense” limit on assault weapons, but that law lapsed nearly a decade ago. Even before then, we’ve ALWAYS been having “conversations” about these things; we TALKED after the 1999 Columbine, high school shootings in Colorado, and the 2007 Virginia Tech shootings, and the Arizona shootings last year, and the Aurora, Colorado movie theater shooters this past summer.

The “conversation” after this latest event thus far is more of the same. Why are mass shootings becoming more common? Some say we should have MORE people carrying guns. Yeah, right, against a guy in a movie theater wearing body armor packing heat, in a dark theater, with smoke bombs; heard THAT argument rehashed Friday night on CNN. At least I didn’t hear anyone suggesting five-year-olds should be packing heat.

More noise: Mike Huckabee uselessly telling us that school “carnage” caused by having “removed God” from schools. Ultimately, I think the Onion got it right.

Here’s my position: the Second Amendment right to bear arms is no more absolute than the First Amendment right to free speech. One cannot yell “fire” into a crowded building; one ought not be able to fire into a crowded building.

I’m done talking about it. If we don’t DO something, I don’t want to listen to more of the same rhetoric when this happens the next time. And there WILL be a next time, with the number of guns in this country.

The one thing I’m still mulling over: how to tell my elementary school-age daughter. She’ll surely find out from her friends. I don’t want her to be afraid to go to school. How do I make her feel safe, even though I can’t promise her it couldn’t happen again?
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Newtown shooting: Names, profiles of the 27 people killed.

Happy memories of Newtown, from the town children’s librarian from 1994-1996.

SCOTUS and marriage equality

I’m expecting some mishmash decision by SCOTUS in the gay marriage case that no one will love.

As an old political science major and a bit of a US Supreme Court junkie, I’ve been musing over what it means that the high tribunal has decided to review two cases testing the constitutionality of same-sex marriage. “In agreeing to examine California’s Proposition 8 (Hollingsworth v. Perry) and the federal Defense of Marriage Act (Windsor v. the United States), the court has created a defining moment, not only for its own legacy but for the country as a whole.”

Got that right. But how will they decide? I think one has to look at the specific people represented in the cases, specifically 83-year-old Edith Windsor who moved to New York State 60 years ago. “Ms. Windsor… married her partner, Thea Spyer, in 2007 [in Canada] after a 40-year engagement. [She relishes] the court’s decision to hear her case, a challenge to the 1996 law, the Defense of Marriage Act, which prohibited the Internal Revenue Service from treating her as a surviving spouse after Ms. Spyer’s death in 2009, costing her more than $600,000 in state and federal estate taxes.”

The Court does not rule on abstractions. The Court will decide whether Edith Windsor has been inequitably treated by the laws of the United States and New York, denied equal protection due to all people within its jurisdiction; this would then be applicable to anyone in the same circumstances. The decision then is less about “gay marriage” as a concept, as much as whether someone in a same-sex union shall be afforded all the rights and privileges of a marriage between a man and a woman. I’ve heard bandied about that there are at least 1000 legal perks of being married, among them visitation rights to see a sick spouse in the hospital without having to draw up legal papers for that purpose.

The Proposition 8 case, merged with the Windsor case by the high court, has a more convoluted path to SCOTUS, with the surprising legal pairing of liberal attorney David Boies and conservative lawyer Ted Olson, who were on opposite sides in Bush v. Gore, on the same side, in favor of marriage equality.

The Court could vote to limit same-sex marriage. I seriously doubt it would overturn law in the nine states that have already decided to allow it, especially since three states – Maine, Maryland, and Washington – had voter-approved legalization in November 2012. And at least a plurality of Americans polled now support same-sex marriage. On the other hand, 30 states have constitutional bans against it. Pew has a great breakdown of the issue.

The Court could vote to overturn all same-sex marriage bans in the country. It would not be unprecedented: Loving v. Virginia (1967) not only negated laws against racially mixed marriages in Virginia but in more than a dozen other states. But this would be a radical move by a court that is quite conservative, not only from a political point of view but in temperament. Still, the Court tends to believe in precedent, and it has long determined that “marriage is one of the basic civil rights of man, fundamental to our very existence and survival.” It would be surprising, but not beyond belief, that the Court take this route.

I’m expecting some mishmash decision that would overturn the discrimination as it has been applied in the US tax law and other federal issues, and apply these as well to the states that have decided to allow for marriage equality, and including California, while leaving the other states to decide on it on their own timetable, something like Senator Lindsey Graham of South Carolina is now advocating. I would not at all be surprised by a split decision, with three or four voting to support anti-gay marriage laws in the land, three or four voting to limit or eliminate the laws, and one or two (Kennedy, and maybe Roberts) coming up with some grand compromise that no one will love. One could assume that Scalia is in the former group, since he has recently defended comparing homosexuality to murder, and his political clone Thomas will likely vote the same.

I’d love to hear other opinions about what the Court might do.

I Write Like HP Lovecraft, DF Wallace or J Joyce?

My more informational pieces are very David Foster Wallace.

To show that, when you peruse this blog, you are reading the finest quality reading material, per instructions from Dustbury, I went to the website I Write Like, where one can supposedly “check which famous writer you write like with this statistical analysis tool, which analyzes your word choice and writing style and compares them with those of the famous writers.”

I took the first ten blog posts of this month as a typical sampling.

The War On Christmas post and the reviews of the Walter Cronkite autobiography and the Vince Guaraldi biography, I write like Lovecraft:

I write like
H. P. Lovecraft

I Write Like by Mémoires, journal software. Analyze your writing!

A couple of newsier pieces my life on a treadmill and the FantaCon update are Joycean.

I write like
James Joyce

I Write Like by Mémoires, journal software. Analyze your writing!

My more informational pieces, politics and commerce, and the Baseball Hall of Fame and the UHF TV are very David Foster Wallace, who, I must admit, I’ve never read.

I write like
David Foster Wallace

I Write Like by Mémoires, journal software. Analyze your writing!

No time to blog is in the style of Cory Doctorow, who I read regularly these days. (Note to Dan: so is your December 2 post.)

I write like
Cory Doctorow

I Write Like by Mémoires, journal software. Analyze your writing!

Finally, my World AIDS Day piece is like William Gibson, whose writing style I am not familiar with.

I write like
William Gibson

I Write Like by Mémoires, journal software. Analyze your writing!

Whose writing style do YOU emulate?

The Dave Brubeck webpage. I wanted to say something clever about Brubeck, who died earlier this month, like this piece by EJ Dionne. He was a real ambassador of jazz. I DO remember hearing, and liking, Take Five on the radio when it first came out. My favorite of his songs, though, is Blue Rondo a la Turk. Also, SamuraiFrog links to a Disney song.

Like most Americans, I became aware of sitar master Ravi Shankar, who died this week, via his relationship with Beatle George Harrison. Still cracks me up when, at the Concert for Bangladesh, the 1971 event that Ravi encouraged George to initiate, Shankar says to the clueless Western audience, “If you enjoy the tuning so much, I hope you enjoy the playing even more.” The official recording label of The Ravi Shankar Foundation is East Meets West Music. “With unique access to an archive featuring thousands of hours of live performance audio, film footage, interviews, and studio masters, EMWMusic releases rare recordings and provides audiences with the definitive portrait of Ravi Shankar’s long career. And, in keeping with Ravi’s dedication to looking forward and not back, EMWMusic provides a vibrant platform for new artists, projects, and collaborations.”

Disney/Marvel, SONY and copyright overreach

I vigorously oppose the proposed “Six Strike” copyright punishment system, in which ISPs voluntarily agree to penalize their customers if the entertainment industry ACCUSES them of piracy. Entertainment media have been known to claim copyright for items they do not actually own.

I’ve long been concerned about the expanding length and reach of copyright protection in the United States, and elsewhere in the world. The US Constitution, in Article I, Section 8, empowers Congress to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” [Emphasis mine.]

These ever-increasing terms have the effect that media conglomerates have developed a sense of entitlement towards intellectual property, even when it’s not warranted.

Back in the 1980s, when I used to buy and sell comic books, Marvel Comics had this lovely line called EPIC. It was a place that creator-owned work, comic art NOT owned by Marvel Comics, as well as selected other items, could be published.

One of the products was called Starstruck, created by Michael William Kaluta and Elaine Lee, based on Lee’s 1980 play. Starstruck the comic book, which I used to collect, was subsequently published by other comic book companies.

This fall, Marvel’s parent company, Disney, sent Lee and Kaluta a cease and desist letter regarding Starstruck, which Marvel DID NOT and DOES NOT OWN. Fortunately, Kaluta had all the pertinent paperwork from nearly three decades ago. Possibly because of the bad publicity, on Facebook, at the Bleeding Cool forum, and elsewhere, Disney quickly recanted on its legal claim, acknowledging Lee and Kaluta’s ownership.

This is just one reason I vigorously oppose the proposed “Six Strike” copyright punishment system, in which ISPs, acting as cops, “voluntarily agree to penalize their customers if the entertainment industry ACCUSES them of piracy. As shown, entertainment media have been known to claim copyright for items they do not actually own.

The Starstruck incident scare tactics may have arisen because the work is now over 30 yrs old. There is a way for people who created “work for hire” to reclaim copyright after 35 years.

Does Sony Pictures own your art portfolio? Good question; apparently so. The agreement one signs “states that Sony takes ownership of your portfolio material when you apply for the job. If you are submitting samples of work you have done for other companies, Sony wants you to assign the rights to them. You clearly don’t have the authority to do that for work you don’t own, so that means that you are not legally allowed to show Sony the work you’ve done for other companies… What’s clearly disturbing though, is that any original work in your portfolio becomes their property. This does not depend on whether they hire you or not, they get ownership because you applied.”
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In another bit of corporate excess: Why Are Dead People Liking Stuff On Facebook?

(Thanks to Stephen Bissette’s Facebook page, which contained some of these links.)

12/12/12: The last time in your life, probably

12/12 is December 12, everywhere in the world. No doubt, no conflict.

12-12-12.

Today is the last time for 88 years there will be a date as perfect as this one. At 12:12 today, I plan to stop and acknowledge it. If my daughter is alive on 01/01/2101, she’ll practically be 97. I’d be almost 148, so I’m not counting on that.

What is it about repeating number dates that’s so cool? As I’ve indicated previously, consecutive numbers are interesting, but they don’t mean the same thing worldwide. Next year, for instance, there will be 11/12/13; in the United States, that’ll be November 12. But in the civilized world (or the civilised world, if thou prefereth), it’ll be the 11th of December.

12/12 is December 12, everywhere in the world. No doubt, no conflict. Unified front, the world in agreement, when the world seems incapable of agreeing on much; and it’ll be nearly another century before we’ll all be in sync. If we survive that long. Isn’t that Mayan calendar doomsday thing supposed to be this month? Not that I believe it.

Lots of folks appreciate this specific date. This is Time for the Golden Age. And it’s a memorable date to get married.

The 12-12-12 concert for Hurricane Sandy relief from 7:30 pm (Eastern)-midnight.

(Happy birthday, GC.)