Fake News and the First Amendment

Fake news is very hard to distinguish       from the real thing, and we have to     balance actions against fake news with    First Amendment rights.

REALLY? Is that true, I wondered, as I listened to NPR’s talk show version of CNN style hyper news, “On Point,” hosted by Tom Ashcroft, from WBUR.

This topic is perhaps more important now than it was when I first posted this. I’ve added some new links at the bottom of the post, and will try to keep this updated.

The event that precipitated the show was the “Pizzagate” scandal. A man, acting on his own to investigate the completely false accusations of Hillary Clinton running a child sex ring out of the basement of a Washington, DC area family pizza restaurant, (if she was so tired and weak from the campaign activities, I wondered how would she find time to run a sex ring??? And oh, by the way, according to CNN, the pizza place has NO basement)  fired an assault rifle in a room crowded with families enjoying their pizzas.

Thus, we have entered a new age, where fake news not only influences people’s opinions about who to vote for, or what to think, but starts chains of actions that have a lethal potential. Of course, there might be those out there who think that it should be a capital offense (benefiting from vigilante action, and needing no criminal proceedings) to eat in a pizza parlor that is owned by someone who donated money to the Democrats. But assuming for now that most Americans have not gone that far, what other lessons might we look for in Pizzagate and it’s origins?

What was surprising to me was the juxta-position of the First Amendment with the right to publish fake news.

But what is the First Amendment FOR EXACTLY? Is it to protect liars and libelers? That was never my impression from my civics classes in school. I thought it was to protect the expression of opinions about how we SHOULD live. Even the Nazis have a right to to assemble and speak and try to convince the rest of the country that we should kill or oppress all those they don’t like. That is protected speech. However, we do have laws against libel and slander, and that is much of what fake news is.

Here is what Scholastic.com says (red is Shona’s highlight)

Freedom of Speech. This freedom entitles American citizens to say what they think, provided they do not intentionally hurt someone else’s reputation by making false accusations. Neither may they make irresponsible statements deliberately harmful to others, such as yelling, “Fire!” in a crowded theater when there is no fire. There are many issues about which Americans disagree, from child-rearing practices to baseball teams to Presidential candidates. Freedom of speech enables people to state their opinions openly to try to convince others to change their minds.

The First Amendment also gives you the right to disagree with what others say without fear of punishment by the government authorities….

Freedom of the Press. This freedom makes it possible for Americans to keep informed about what is going on in government. It helps them to be responsible citizens. Reporters and editors can criticize the government without the risk of punishment, provided they do not deliberately tell lies. Newspapers, magazines, and books, as well as television and movie scripts, do not have to be submitted for government inspection before they are published. This censorship would violate the First Amendment.

Back to Shona’s thoughts now… What I can’t figure out is why the journalism and philosophy professors, the journalist, and the host of the show could not see that the purpose of the First Amendment is to protect the individual going about their business as a free citizen. The idea of the First Amendment is not and never was to protect liars whose goal is to interfere with the democratic process, or to intentionally harm law abiding citizens they do not like. In other words, we don’t have the right to help God punish those who we don’t like, for something they did not do.

My understanding of the First Amendment was in line with what Scholastic.com wrote. Now maybe some would consider this a “dumbing down” of the First Amendment. All parents teach their kids not to lie, since they don’t want their kids lying to THEM about household matters. But the God of the Hebrew Bible did not make a commandment against lying. That God knows that lies have a valid purpose in life. The God of the Hebrew Bible prohibited BEARING FALSE WITNESS. This is  a specific TYPE of lying, that would undermine the foundations of a just society. Bearing false witness in a court proceeding before a judge is a crime in American law as well. We call it perjury, and if we bear false witness we can be held in “contempt of court,” since the court proceedings include swearing that the witness will tell the truth.

I understand that becoming a public figure widens the opening for allowed criticism. However, outright lies that harm an individual’s reputation should not be protected “speech,” whether they are a public or private person.

Currently, if someone slanders or libels an individual, the individual is responsible for bringing the legal action against the perpetrator. Maybe this should change. If someone physically or psychologically harms or kills an individual, the STATE (the government) takes the action against the alleged perpetrator. If I am killed, my family members do not have to sue the alleged murderer in order for the murderer to be brought before the justice system. There are problems with this system, as the OJ Simpson trial showed, and the victims’ families did end up having to go to civil court to get some justice… But there will always be times where individual justice fails in the interest of having a “neutral justice system.”

Maybe it is time to rethink the way libel and slander laws operate. When the target is a public figure, a political figure, maybe it is of interest to all of the people to know the truth, and the State (Government) should represent THE PEOPLE in an action against the liars.

I just keep scratching my head about why the two professors and the journalist could not come up with this “angle” on how to slow the tsunami of fake news while protecting the First Amendment. The First Amendment is not there to protect liars. It’s there to protect the ignorant. And we are all ignorant of a lot of things, even if we are experts in others.

NEW LINK: Check out this interesting editorial about how fake news is used by those in search of power.

The Sacred Media: Another new link to some thoughts about freedom of the press, from a fellow writer of Mid-Michigan Word Gatherers.

Another link to how to tell fact from opinion. A well done video.

Critical thinking and fake news webinar in French https://www.linkedin.com/feed/update/urn:li:activity:6544146427755409409

Yet another link on how tech companies are dealing with hateful speech.

Murderer’s Lament

The water opened in front of me. Ripples at the edge of the lake transitioned into sun-speckled wavelets. I bent down to feel the coolness, and brought my cupped hands to my face.

A small silver dart exited the brown forest of underwater plants. Pink  granite and grey feldspar protruded from the sand, carrying memories of their faraway origins.

I lifted my head. A wall of late-summer-green leaves edged the far shore, framing the emptiness of the water’s surface. A few cottages, white, turquoise, lilac and pink, punctuated the living barrier. I silently thanked the houses’ inhabitants for their contribution to what would become my lasting vision of tranquility.

It had been years since I had seen so clearly. The memory of this last moment of quiet freedom has played over and over again in the cinema of my mind, as I knew it would, long after the small fish forgot all about the looming shadow that briefly darkened its way.

The Problem with the Two Party System

Sometime in my youth, I remember expressing happiness to my dad that my preferred political party had won the presidency, after a long drought. Unfortunately, the new president was having trouble finding well known, experienced, skilled, proven Democrats to fill the leadership roles in the Cabinet, and beyond. My father, long interested in government, to the extent of reading multiple histories of the Romans, ranted about the incompetence of the new president, and the general failure to fill many of the positions, due to the refusal of Congress to approve his nominees, thus proving his general incompetence to be president.

Is Now The Time to Expand Our Two Party System?

That’s the problem with election cycles in the two party system that we Americans love so much. We’re proud of the fact  that we have only two major parties. We avoid that messy coalition building that other democracies have to to through. We let the people choose, and then let the chosen person / party govern. At least that’s been the theory. The winning party claims a mandate based on the electoral college “landslide,” even if the popular vote went the other way. The winner then gets to fill the leadership roles in agriculture, the military, education, finance, drug policy, and all the other aspects of modern life.

But experience builds on experience.

As an engineer, age late 50’s, suddenly my clients are asking new types of questions. I would not have been able to answer these questions even a few years ago. Or maybe the questions have always been there, but I’m able to hear them now. Hard to say. A few times in the recent past, the answers have popped into my mind almost as soon as they are asked, and anticipated side concerns also seem to articulate themselves in the compost of the confusion of the questioner.

When only Democrats get to fill top positions for 8 or 12 years, Republicans don’t gain the skills required to lead. When only Republicans get to fill top positions for 8 or 12 years, Democrats don’t gain the skills required to lead. When Republicans, who by definition think multi-level hierarchy is the natural and best state for humanity, are in charge for long stretches of time, the sprouts of true egalitarian democracy are killed, pre-emergence.

Empowerment is the Key!

I heard an African-American community leader calmly insisting, correctly in my opinion, that money for White-led organizations helping African-Americans was wasted. African-Americans, he kept insisting, have to be empowered to solve problems by themselves. That means the role of the white cultural matrix must be to try to weed out the systematic discrimination that keeps African-Americans dis-empowered.

Empowerment is related to the SELF.

It does not mean power OVER others.

What are the major, current and actionable sources of this dis-empowerment? I’ll leave that question for all of us to meditate on.

Only by solving problems can we learn to solve problems.

This happens  at many simultaneous levels: individual, community wide, city wide, state wide,  nation wide, and world wide, and over many generations. It takes a long un-interupted time for the poisonous preconceptions carried in every culture to be weeded out in the “market-place of ideas.” These poisonous ideas are left from earlier times, were created in different circumstances, by well meaning people. But the only constant is change. And as change accelerates in the accelerated mingling of different groups in modern times, we need to move toward a system where people of all cultures and political persuasions have un-interupted chances to develop their leadership skills.

You may wish to view this Wikipedia article on other problems associated with the type of voting we have, which is not necessarily confined to two party systems. Thanks to the person who called this article to my attention.

Wrong about Worms!

The worm, surprised by the sudden appearance of daylight, quickly retreated into its tunnel.

“Do worms have eyes?” asked Danny.

“Hmm, good question. I don’t think so.”

“Either did I. Maybe they can sense light though. Or maybe it simply felt the air move. Or maybe it was resting against the bottom of the flower pot when you picked it up.”

I had recruited Danny to help me clean up the yard, his young skeleton being more flexible than mine, and his muscles stronger.

“It’s hard to say what a worm knows!” Danny pointed out.

“Well, it’s easy to find some verbiage about worms. But saying something meaningful and truthful requires mental wrestling,” I reminded my young neighbor.

Worms do not have vertebrae!” retorted Danny. “That did not require too much wrestling.”

I nodded, happy to hear this entity of tender years producing such a pithy aphorism, and replied to him.

“We do have vertebrae, but we are still subject to the winds of fate. Our vertebrae help us stand straight, but we can’t avoid making some wrong turns in life.”

“Yeah,” mumbled Danny. “I’m still calculating the worth of that last explosion of wrath I indulged in.”

My eyes involuntarily sought the exit to the wormhole. I knew the feeling. We had met in the advanced anger management class. Our warped personalities were both on the mend. We were cultivating our minds. Tired of having to wriggle away from the complicated conditions we had created for ourselves, we were learning new habits. We were learning how to un-braid the strands of our troubled lives. We were learning to unwrap the layers of weird circumstances that had trapped us in inner turmoil. We were learning that prose is preferable to fists. Versatility is what we can learn from the worm.

Your face is wreathed in smiles,” noted Danny.

“Versatility is what we can learn from the worm,” I cheerfully replied.

“Right!” said Danny. No damn vertebrae to get in the way.”

MUSE

Our homework assignment in writing group was to randomly pick a word from the dictionary and write something about it or with it. I usually don’t do the homework. Most of the others in the group are retired and have more time. This time, I was inspired to write something though, but “WREATHE” (the verb) just did not give me much to go on. So I turned to the “Indo-European Root” dictionary at the back of the American Heritage Dictionary that I got a few years back. Word origins are very interesting. I read and underlined the entire Indo-European and Semetic root word appendices when the book arrived.

“Wreathe” comes from the root word “wer” of which there are three unrelated versions. (They’d sound different in the original Indo-European language, but all are represented as “wer” in modern American English. Wreathe comes from “wer” #2.) This version of “wer” has to do with turning and wrapping. It’s amazing how so few root words have generated so many individual expressions of nuance in the last 5000 years or so.

The highlighted words are all derivatives from “wer” #2. Of course some of the derivations in this dictionary are (IMHO) wrong. It’s tough work and the professionals tend sometimes to ignore the obvious in favor of the obscure. Sovereign, for example, (meaning self rule) obviously comes from whatever roots generated “swa” (self) and “raj” (as in “raja, king, also like reign!) but they have a different take.

 

Self Evident Truth About Distracted Driving

Earlier this week, the topic of discussion on NPR’s “On Point” radio show was the scourge of distracted driving. There are people working on smart technologies to  stop people from doing tasks that require too much attention when they are moving at high velocity. There are apps that track high cognitive activities such as browsing and texting. These apps would be the equivalent of a “breathalyzer,” and cops could ask to see your device if you were stopped for a traffic violation. Supposedly our legal system would let people off the hook if the passenger stated under oath that they were the one using the device, not the driver. Just as social pressure has been used to greatly reduce the acceptability and frequency of drunk driving, social pressure is being used to bring awareness of the dangers of distracted driving.

The main danger is often said to be the driver taking eyes off of the road. Usually the eyes are linked to using the device while it’s in the hands. Hands are surely linked to the brain.  But there have been studies showing that hands free driving is still distracted driving, and causes just as many accidents.

We See with our BRAINS

We have to remember, or realize, that we see with our BRAINS as much as we see with our eyes. The largest part of our brain is devoted to visual processing. While some people are undoubtedly better at multi-tasking than others, most of us over-rate our abilities in this area. See http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0054402  which includes the following

Ophir et al. [8] found that persons who frequently multi-task ….may be those who are the least cognitively equipped to effectively carry out multiple tasks simultaneously.

When we’re talking on the phone, it is not like talking with someone riding in the vehicle with us. It might be more like having a crying baby or a bunch of rowdy kids with us. The person at the other end of the line, the crying baby, the misbehaving kids, do not quiet themselves to allow you, the driver, to pay attention to the road when the situation demands. The person at the other end of the line, the crying baby, the misbehaving kids, are unaware that it would be safer for all if they were quiet, to allow the driver to pay attention to rapidly changing circumstances. In the case of the person at the other end of the line, they entangle the driver in their local “thought field,” (see this related article on shared consciousness), which is usually related to something other than the road conditions.

This realization came to me some years ago, when almost everyone believed that hands free cell phone use while driving meant safe cell phone use. That was well before the advent of smart phones. I had a client who had told me he thought that there should be two levels of drivers licenses. One for regular people, and one for those who had demonstrated that they could read while driving. He was a smart guy overall, and the above referenced work at the University of Utah leads us to believe that there could be test to allow the competent multi-taskers to be certified. But I still do not think I like the idea. A lot can happen in the blink of an eye when traveling at high speed.

Despite this, I’m also not a fan of driverless vehicles.

When is someone going to show that this emperor has no clothes?

We can’t keep our credit cards, bank accounts, medical information, social security numbers secure. We can’t keep our computers free of viruses and malware. How are we going to prevent hackers from creating giant accidents?

I guess we’ll “just have to get used to those giant “accidents,” as we are having to “get used to” attacks by terrorists and the neglected mentally ill.

Update October 30, 2016

The National Highway Transportation Safety Administration is taking action after the entrepreneur had tee shirts printed bragging about how rich they were going to get.

Hallelujah. Greedy, hubris drenched capitalist gets his come-uppance!

https://www.yahoo.com/tech/nhtsa-urges-u-self-driving-startup-delay-sale-133708559.html

 

Confusion is the Starting Point of Wisdom

Confusion is the starting point of transforming the world into something new. Confusion makes us stop and if we are attentive to our state of confusion, we will nurture it into a full blown dilemma. Only a full blown dilemma provides the material for new vision. Who cares to keep looking out from the same eyes at the same world? Only those who have successfully cultivated personal wealth, health, and influence.

Teachings of the Great Merwegon

Volume 1, Chapter 4

Comments: I haven’t been making too much progress on my new novel, “Moses of Kosbar,” but wrote this in the group to a prompt of “confusion, dilemma,” and it was well received. I realized that I haven’t really tried to develop the character of the wise one of the planet Kosbar, the one who founded the new religion of the indigenous inhabitants of the planet far from Earth, that eventually gets colonized by homo saps. So I ended deciding to attribute the little saying to Merwegon. We’ll see where Merwegon’s personality goes!

 

 

Alphabetical Advice

This was from a prompt to write a piece of advice for every letter of the alphabet. It was surprisingly easy. Of course, not all advice is suited for every situation! But I would guess that I have done most of these at some time. As far as killing my enemies, it’s been insects and woodchucks. Woodchucks are definitely my enemies!

After you have an epiphany, stop to make an aphorism.

Bring a cake when you go to a funeral.

Create something new every day!

Do the right thing!

Every deed requires its own remedy.

Fuck off!

Good people can still act like assholes, and it’s ok to demonstrate that for the benefit of the narrow minded.

Have a happy day!

Into every act, put intention.

Join at least five clubs, especially if you are anti-social.

Kill your enemies. Go ahead. Do it. It will give you karmic experience.

Let the other people worry about it.

Mean what you say and say what you mean.

Never shed a tear for a fascist.

Open the door to your heart.

Pop your corn in an air popper.

Quell your fears.

Rest in peace.

Step aside.

Top it off.

Uncover your light.

Vindicate yourself.

Wait for the right time.

X-ray your castings.

Yell when you need help.

Zip your lips.

 

To quote Janice Joplin…..that was my statement of great social import! 🙂

Behind Falling In Love

Based on another prompt from my writing group…

I wasn’t planning on this. Falling in love with you was the last thing I wanted. Because I know our time will have to come to an end. Yet here I am, begging you not to turn the page.

Time marches on at its own pace. You are not in love with me. It’s just the name you came up with to describe the cloud of reactions to hormonal releases during the exciting events we recently experienced together.

You sound like a Buddhist.

Well that’s because the Buddhists have the most practical advice for getting over doomed or failed romances. Remind yourself that I am nothing but skin and bones, flesh and blood, urine and fecal matter, hair and fat.

That’s BS. Even the Buddhists know we have an immortal essence.

Exactly my point. But that’s not what you fell in love with. You fell in love with the experience of the effects of the hormones. It’s time to turn the page.

The emotionally entangled state is the natural one for humans. That’s why we evolved all the complex hormones that give us these sacred experiences.

No. The hormones were evolved in earlier mammals. I have come to understand that only by liberating myself from those outdated entanglements can I be free for the next exciting adventure!

 

 

 

 

Yes, Kalenko?

Brenda was tired of saying she was sorry. Her captor was unrelenting, and she’d had enough. Starting today, she would no longer apologize for something she did not do.

“Brenda, you lazy slug! The floor is covered with footprints!” shouted Kalenko.

Brenda held her breath. She was not going to apologize, even when Kalenko had evidence on his side. This was a new day. She let out the stale air, and drew in fresh. What would Kalenko do?

“Brenda! Get over here now!”

Brenda turned away from the kitchen counter to see the alleged footprints in the foyer, the origin of Kalenko’s shouts. She knew that she had mopped all the floors earlier that day, and she felt the power of self control rising in her chest.

“Yes, Kalenko?” she asked, in her sweetest voice.

He pointed to a pattern of muddy cat paw prints.

“I’ll clean it up, right away.”

“You do that,” he grunted, and walked up the stairs.

Brenda smiled. She had met her goal. She had not apologized!

She was sorry. Sorry for a lot of things. She was sorry the neighbor’s cat had smudged her clean floor. She was sorry Kalenko had her trapped here in this isolated place. She was sorry she had disobeyed her parents, and gone out alone for a walk. She was sorry every day she woke up that the inequalities in the social structure led some people to take such dreadful actions as kidnapping. Yes, she was sorry. But that didn’t mean she had to apologize. And in this case, she wasn’t going to give anyone an excuse to think she was apologizing by even admitting she was sorry!

She felt stronger now that she had beaten down her fear. Maybe, in a few more weeks, her parents would find a way to rescue her. Of course Kalenko would never give them a clue about where she was being held, until he was sure they were bringing the ransom money. There’d be plenty of sorrow to go around. As for apologies, the ones who were really responsible were unlikely to be admitting it any time soon.

No Place to Hide

Here’s another little story I wrote from a Mid-Michigan Word Gatherers prompt.

This time, there was no place to hide. “I never should have come to this planet,” I thought. A barren rock with shallow pools of water, barely adequate to support the pitiful excuse for native lifeforms. Jeremiah the bullfrog might have felt at home here, taking shelter under the low shrubs that lined the edges of the ponds, but the entire planet was devoid of any cover for an entity of my size. “No,” I reminded myself, “I should have stuck to the diet pills, instead of doing this vacation trip.”

Sure, my will power was given a vacation, because there was absolutely nothing tempting in sight, except the pools, when one became thirsty. This only happened once a week, because the humidity in the air kept the body hydrated, and the bad taste of the water naturally reduced the temptation.

“A MONTH’S VACATION FROM THE NEED TO EXERCISE WILL POWER!” the advertising announced.

“ESCAPE FROM FREEDOM!

GIVE YOUR BRAIN A REST!

LOSE UNWANTED POUNDS!”

And I paid a year’s salary for this pleasure trip?????

MUSE….

My son gave up pop a few years ago. My son is quite the example for exercising will power for such a young person. I had purchased some fancy pop for a special occasion, and he still would not drink it. “I made my decision and I’m not revisiting it,” or something to that effect, was his comment. “If it’s no, it’s no. It’s easier that way.” The psychological research has shown that will power is like a muscle, and like muscles, even the strongest do eventually tire and need rest. We are human and we do have limits. We can strengthen ourselves, but we never totally overcome the inherent limitations of living in a body with a large degree of pre-programmed responses.

After reading several of Rollo May‘s books from the 1950’s, explaining the difficulties inherent in developing our own true centers as unique individuals (hint: a lot of will power is required), I have started delving into Erich Fromm’s writing. “Escape from Freedom,” originally written during the lead up to World War II, explains how the Protestant Reformation, and specifically the ideas of Luther and Calvin, laid the foundations for the eventual transformation of infant Capitalism into Monopolistic Capitalism. Luther and Calvin stripped God of the loving and compassionate characteristics inherent in the Judeo-Christian tradition up to that time, to (unconsciously) reflect the nature of the social structure of the late Middle Ages, where money (specifically, “Capital”) was becoming the real god of Western humanity. Fromm lays out a detailed description of the Protestant world-view, which portrayed the only possible way to salvation being a total humiliation of the self. This led the masses of humanity, bereft of any sense of inherent dignity, to give in to the elites of the capitalist hierarchy, and become nothing more than a cog in the machine. Note the use of the word “hierarchy,” still in place today with regard to corporation structures; a sickening perversion of the original meaning of hierarchy, or “sacred order.”

Here we have a rather dramatic illustration of the law of unintended consequences…Did Luther and Calvin, who were trying to overturn the authority and abuses of the Catholic Church, and give each individual the right to have a personal relationship with God… Did these founders of Protestantism want each Christian to submit to MONEY / CAPITAL as their new god? Probably not! Yet the Protestant Reformation led to the thought field of God’s sanction of the powerful, whether or not they used the power in the interest of all of humanity.

The prophets calling the kings to account was now a moot point.

Of course no world religion keeps much of its founder’s original ideas. So at least some of the problems that arose at the birth of the Protestant Reformation have been remedied. I am now a little over half way through my second reading of Fromm’s book. I’ve always been more interested in ancient history than modern, so it has not been an easy read, even as I see Fromm laying out an extremely detailed argument for some of the ideas I present in The Convolution of Knomo Choicius as being “Self Evident Truth.” But for those interested in the intersection of psychology, sociology, politics and religion, “Escape from Freedom” is a work of genius.