Teresa Lewis

In case you haven’t been reading the news, Teresa Wilson Bean Lewis, age 41, was executed under the laws of the Commonwealth of Virginia on September 23, 2010, for masterminding the deaths of her husband and stepson.

Leading to the execution, there have been a ton of questions raised stemming from various misconceptions about capital punishment and the crime for which Ms Lewis was executed, starting with this one:

Why Teresa was on death row to begin with? She didn’t pull any trigger, so why is she there?

The various reports of the crime say that Teresa was the mastermind behind the double murder of her husband and stepson, though the murders themselves were carried out by two other gunmen. Under the laws of virtually every jurisdiction under the United States, including the Federal jurisdiction, conspiring to commit a crime that is actually carried out is the same as if you were a direct accomplice. The fact that she conspired in the murders is no different than if she had pulled the trigger herself. The Code of Virginia spells this out1Code of Virginia 18.2-18, but I’ll sum up the legalese here as it applies to Teresa Lewis.

In the case of a felony, every accessory before the fact may be tried as if they directly committed the crime. In the cases where the person is an accessory to a capital murder, that person shall be charged with first-degree murder, a Class 2 felony, except in cases where the conspiracy is a murder for hire, such as the case of Teresa Lewis, in which case they shall be tried as if they committed the murder themselves. Capital murder, under Virginia law, is a Class 1 felony, punishable by death.2Code of Virginia 18.2-10(a)

That is why she was on death row.

Plus she pled guilty to all charges, including the capital murder charge. Everyone along the entire appeal chain, starting with the Supreme Court of Virginia up to and including the Governor and all Federal courts, upheld the sentence of death.

But she’s a woman!

Equal protection of the law means equal application of the law. Equal application also means equal eligibility for all punishments, including the death penalty.

The gunmen got life, so she should’ve gotten life.

First, Teresa Lewis was deemed to be the mastermind in the plot, not only by the judge at her trial, but also by Governor Robert McDonnell when he reviewed her application for clemency. If you are the mastermind in a plot to kill multiple people, the death penalty is not only warranted, but expected.

Rodney Lamont Fuller struck a deal with prosecutors in exchange for his cooperation, saving himself from death row. Matthew Shallenberger, the other gunman, was sentenced to life out of “fairness”. Their sentences have no bearing on whether Lewis is to be on death row, and either gunman could have been sentenced to death while the other was sentenced to life.

She’s mentally challenged, and executing her would violate the mandate of the United States Supreme Court.

The opinion of the Supreme Court of the United States in Atkins v. Virginia, 536 U.S. 304 (2002), borrowed on the American Psychiatric Association’s definition of mental retardation as being an IQ of 70 or below, basically issuing a blanket restriction on sentences of death of individuals that meet such a definition. Teresa Lewis did not meet the definition. The lowest her IQ has tested, according to published reports, is 72.

Saying she is mentally retarded because her IQ tested at 72, wherein the accepted definition sets the maximum IQ for mental retardation at 70, allows for a slippery slope. What if an offender takes 15 lives but tests to an IQ of 73? The Supreme Court set a limit, and that limit should be honored.

One of the gunmen confessed to being the mastermind.

In a letter addressed to a girlfriend in 2003, Matthew Shallenberger allegedly confessed to being the mastermind, saying he needed the money and found Lewis to be easily manipulated. Shallenberger committed suicide in prison in 2006, and prosecutors dismissed the letter as being manufactured.

Prior to sentencing, evidence establishing Lewis as the mastermind was submitted to the Court. This is what the judge used in establishing the sentence.

Plus affidavits and letters don’t do much to override a prior finding. The evidence submitted showed Lewis to be the mastermind. The Supreme Court of Virginia stated such in their review of the case and punishment:

[Lewis] was the mastermind of these gruesome crimes, which would not have occurred but for her actions.

* * * * *

The facts established by the Court show that Teresa Lewis was the mastermind in this case. That fact appears to not have been openly and properly challenged in a Court of law, probably because the only evidence that contradicts the assertion arose after the trial and after Lewis had been sentenced to death, and is entirely verbal or hearsay. As such, as often happens in a Court of Law, both to the detriment and advantage of defendants, only those facts properly presented to the Court are evaluated to determine the proper sentencing.

Lewis’s death penalty was automatically evaluated by the Supreme Court of Virginia. They affirmed and accepted the facts determined to exist at the Circuit Court. Those facts, the Supreme Court of Virginia would determine, warrant a sentence of death in this case, and such a sentence is not excessive given the facts.

The Governor of Virginia ruled the same, stating in a public statement:3http://www.thegovmonitor.com/world_news/united_states/governor-mcdonnell-denies-teresa-lewis-clemecy-petition-38833.html

I find no compelling reason to set aside the sentence that was imposed by the Circuit Court.

This murder was committed for life insurance money, of which Lewis was the sole beneficiary. This means it all came down to her, and she had the power to stop the crime from occurring. She instead chose to facilitate it.

Accordingly, in line with the opinions of the Governor of Virginia and the various courts of appeals that have heard arguments related to this case, I join their opinions that the penalty of death in this case was properly applied.

Blaming the unemployed

I once said that there is no dignity in taking help from the government. Admitting you need help requires a feeling of dignity at the beginning, just a little boost to keep you on your feet long enough to be able to walk on your own again. But when you are accepting that help for a long period, eventually your dignity starts to fade away and you wonder if you had any at the beginning.

One question that many economists and conservatives keep asking is simply this: are unemployment insurance benefits keeping the unemployed unemployed? To some extent this is true, and that extent I believe to be insignificant. At the same time, asking this question has the effect of blaming those who are unemployed for being unemployed. True some were likely fired from their jobs, but I feel that most who are unemployed became so out of no fault of their own and just want to get their careers back on track as best as possible, and likely as soon as possible.

The movie Dave starring Kevin Kline and Sigourney Weaver had it right in a scene in which Dave, still acting as the President of the United States, gives a press conference talking about a new focus for the administration when it comes to jobs:

If you’ve ever seen the look on somebody’s face the day they finally get a job, I’ve had some experience with this, they look like they could fly. And its not about the paycheck, it’s about respect, it’s about looking in the mirror and knowing that you’ve done something valuable with your day.

Looking in the mirror and knowing you’ve done something valuable with your day. That is the dignity.

To those politicians in Washington and the various State capitols who are asking this question, let me ask one in return. Actually let me address it to all elected and appointed officials, at the State and Federal level: have you ever suffered the lack of dignity that comes with being unemployed?

Likely not. You’ve likely never had a worry in your world, never worried about whether you’re going to have to choose between paying the phone bill so you can still place and receive phone calls while searching for a job and buying groceries so you can eat. Or having to spend money you know you can’t afford to spend in a bid to impress another company in the hopes they’ll hire you, only to see that opportunity sink away like the others that you have come across and pursued.

Further I ask that those of you who go to these rallies and town halls with politicians, the next time one of these politicians or political candidates starts talking about unemployment, ask them if they’ve ever been unemployed, and if they answer yes, ask them how long their longest unemployment stint was, and ask them to describe it in detail. Those of us who have previously been unemployed would be able to tell just by their description whether they’re full of it.

On March 24, 2008, I was laid off from my position at the MediNotes Corporation1MediNotes was acquired by the Eclipsys Corporation of Atlanta, Georgia, in October 2008, and Eclipsys has since completed an acquisition with Unisys. in West Des Moines, Iowa, two months and a week shy of three years of service. I was given two weeks severance and my accrued vacation benefits were cashed out, along with being paid for the extent of the pay period I had worked.

I wasted no time in trying to find a job. I actually had a feeling the layoff was coming given my work had been scaled back since the start of that year, and I had actually started looking for another position within a couple weeks before the layoff. When I was laid off, I already had an idea of what was out there in the Des Moines area, and I wasted no time pursuing it.

However my efforts would be fruitless. For ten months, my efforts would be fruitless. Despite my efforts, despite searching job boards, placing phone calls, writing e-mails, sending letters, it would be for not. During that time I was collecting the maximum allowable under Iowa’s unemployment. But with a car loan, car insurance, eventually the registration fee on that car, rent, groceries… even that plus my fiancée’s wages from her job, we were barely getting by. Actually we weren’t getting by. There were several times we almost lost the apartment we were renting, we were behind on our utilities, we fell behind on the car, we fell behind on practically everything.

On January 22, 2009, I was offered the job I currently have, and I started that job on February 9 of that year. We’re still recovering from that 10 months of unemployment.

Needless to say we were close to losing everything in 2008. To the politicians in Washington and the various State capitols, I ask this: when was the last time you almost lost everything you had?

I once read that currently for every job there are at least 4 people applying. And there are jobs that are continuing to go unfilled because qualified talent is hard to find. We have a very paradoxical economy right now.

But the one thing that must be kept in mind is that a person who goes from a mid to upper 5-figure salary to a job that pays $12 or less an hour is not doing himself any favors with his career. True a person should take what they can get to pay the bills, but at the same time, those of us who have been on the unemployment line know what we must take in order to keep from screwing ourselves over in the future.

That is one reason why I was unemployed for so long. I easily could’ve taken on something less. I was actually willing to take a pay cut to find something local.

There have been a lot of articles written evaluating in one extent or another why people are unemployed long-term, and a lot of it is rather narrow-focused, or rather, I should say, narrow-minded and really makes me wonder how expert the “experts” really are when it comes to being unemployed.

People who are unemployed are looking for work that will place them in a financial position to which they have become accustomed, or at least not be too great a derelict of that position where possible. Taking a job with a significant pay cut has multiple effects on long-term career growth. Most employers, when discussing salary, tend to ask of your last position, not last few, and certainly not your highest-paying one. Taking a significant pay cut will, for lack of better words, set a person back salary-wise, meaning that person will have to work even harder than previously just to get back up to where they were within an acceptable time frame.

This will place a limit on the job search itself. Most people when searching for a job are thinking only short-term: finding a job and considering a salary that will be only temporary. Even if they stay with the same employer, they will not make the same amount of money and will, presumably, receive raises over time. But at the same time they would rather not find a job with a salary that’ll take them two years (or more) just to get back to where they were before being laid off.

It’s easy to say that one needs to take whatever they can find to pay their bills, but that is not always realistic. Going from a job making $55 thousand a year to a job making less than $15/hour “to pay the bills” will have potential future employers asking a lot of questions when they go back to trying to pursue their careers, yet this isn’t something you hear in unemployment analyses. Plus if you were to be let go of that $15/hour job, unemployment benefits will also be slashed because unemployment benefits are also calculated based only on the last job.

There are a lot of analyses being made and a lot of articles being written about unemployment by people who, at least to me, provide the impression of having never been unemployed. They’ve only moved from one job to another, constantly moving up in salary and amenities without putting serious thought to those who have been out of work, long term or not, and the plight we face or have faced with regard to not only the short term, meaning finding work, but also the long term and the impact the next job will have on our careers and long-term growth potential.

When I was unemployed I easily could’ve taken any number of the other jobs that were advertised around town — assuming they wouldn’t consider me over-qualified. But let’s be realistic: 1. taking such a job would’ve netted me less than what I was receiving on unemployment, and 2. I would’ve had a hard time explaining to my current employer why I took that job. If I was fresh out of college, that would’ve been one thing, and I did work a temp job at a construction site in 2005. However, when you’re a few years into a career, having suffered your first layoff, it’s a little more tricky.

Back in January, I posted an article called “Don’t be narrow focused on health care reform” in which I said that the health care reform that was passed earlier this year, despite being over two thousand pages long, was very superficial with regard to health care, with those authoring the bill not really thinking through the ramifications of what they are doing.

I feel the same with unemployment, and really many other points of view as well. Sometimes you actually have to nearly lose everything to find the right perspective on something. So to the politicians who are making the decisions that affect over 350 million people, though I think for many or, likely, most, we already know the answer, was there ever a time when you were close to losing everything?

It’s easy to blame the unemployed, but why blame someone who was unlucky enough to land on a list of people to be cut from a company out of no fault of their own, and is only trying to find something that won’t place them too far off their previous career track?

I really think it’s about time everyone starts being realistic. At the same time, a dose of humility can’t hurt either.

References[+]

Advertising atheism

I have said this before: I am an atheist. I am an agnostic atheist.

Approximately 5% of Americans are atheist or agnostic atheist. I am part of that minority. And our numbers are growing every day.

Most atheists are good, decent, honest people. We obey the law, which includes paying our taxes, and we are moral people. We are moral without a god of any kind. Yes that is possible.

Many atheists come to atheism while they are teenagers. Many seem to think that atheism is just a rebellion period and that atheism is a sign of immaturity — “when they really grow up, they’ll see the light and come back to God and Jesus”. I hate to say this, but this is really the kindest thing that is also negative that I’ve seen said or written about atheists. Typically if a person will shed their faith and arrive at atheism, this happens before the age of 30, and typically occurs in high school or college.

And for many for whom atheism becomes their reality, it also becomes a dark secret that must be hidden from anyone and everyone they know. If their secret gets out or they dare confess to their parents…

As such they tend to turn to the Internet for support because they don’t know who in their local area they can contact. And on the Internet there is a wealth of information and support, forums and support groups that can be joined, and on the Internet you may find advertised an atheist organization in your area. I do not belong to any in Kansas City, nor do I feel I will ever join one.

But what if atheists try to advertise their organizations openly, say on a road or highway billboard like this one in Oklahoma City, Oklahoma:

image

OKCCoR is the atheism group Oklahoma City Coalition of Reason. They leased the billboard with the above image in Oklahoma City. Similar billboards have been placed in other major metropolitan areas, such as Cincinnati and Philadelphia. Most of the billboards are being leased by member organizations of the United Coalition of Reason.

In Cincinnati, the billboard was taken down days after it was removed due to “multiple, significant threats” received by the landowner where the billboard was displayed and moved to a new location.1Cincinnati Coalition of Reason. (2009, November 12). “Cincinnati’s Godless Billboard Taken Down“. In response to this, Shawn Jeffers, the co-coordinator of the organization stated:

Everything that has happened shows just how vital our message is. It proves our point, that bigotry against people who don’t believe in a god is still very real in America. Only when we atheists, agnostics and humanists come together and go public about our views will people have a chance to learn that we too are part of the community and deserve respect.

In Moscow, Idaho, the American Humanist Organization erected a billboard that says “Millions are good without God”. The billboard was vandalized not once, but twice, first in October 2009, then again in November.2KHQ. (2009, November 4). “Atheist billboard vandalized a second time“. The first vandalism display removed the word “without”, and the second display showed “out” in “without” painted over. After the first vandalism, Roy Speckhardt, executive director of the American Humanist Association responded:3KHQ. (2009, October 21). “North Idaho atheist billboard vandalized“.

I knew there would be some disagreement with the billboard’s slogan, but I do wish that those who objected would have opened a dialogue with us rather than trying to stifle our message and damaging property.

After the second vandalism, David Niose, president of the American Humanist Association responded:

The irony here is worth noting. Some individuals are committing criminal acts while apparently claiming that their religious view of the world leads to good behavior. It’s not a very convincing argument on their part.

This is not just vandalism, it is religiously motivated vandalism which attempts to silence a minority viewpoint. Everyone, not just humanists, should be concerned about such acts.

The North Carolina Secular Association erected a billboard along Billy Graham Parkway in Charlotte, North Carolina. It said simply “One Nation, Indivisible”, borrowing on the original words of the Pledge of Allegiance. That billboard was vandalized to add the words “Under God”.4Funk, Tim. (2010, June 29.) “Atheist group’s billboard vandalized“. Charlotte Observer. In response to the vandalism, Chrissy Satterfield of WorldNetDaily said, “Never would I encourage vandalism, but in this case I think I’ll let it slide.”5Satterfield, Chrissy. (2010, July 7). “My kind of vandals“. WorldNetDaily. She added, “Atheists have been vandalizing my beliefs for years, so it’s about time the shoe was on the other foot.”

Other atheist billboards:

  • St. Augustine, Florida: vandalized.6First Coast News. (2010, April 14). “‘Godless’ billboard damaged“. The St. Augustine Record.
  • Sacramento, California: vandalized.7Phelps, Tucker. (2010, February 16). “Atheist billboards put up in Sacramento, quickly defaced“. Oakland Skepticism Examiner.
  • Watertown, Wisconsin: vandalized.8Hesselberg, George. (2010, August 30). “Vandals target anti-religion billboard near Watertown“. Wisconsin State Journal.
  • Rancho Cucamonga, California: taken down following string of at least 90 complaints to the city.9Olson, David. (2008, November 28). “Billboard promoting atheism will be removed“. The Press-Enterprise.
  • Fort Lauderdale, Florida: demands lodged for it to be removed because it’s “offensive”.10Residents want sign promoting atheism removed“. July 2, 2009. WSVN-TV.
  • Grand Junction, Colorado: vandalized to change text from “Keep religion out of government” to “Keep fags out of government”.11Hoaks, Trina. (2009, October 28). “Another atheist billboard vandalized – FFRF calls it a hate crime“. Atheism Examiner.
  • Boston subway: vandalized.12Florien, Daniel. (2009, November 23). “40 Million Americans… Going to Hell?” in the blog Unreasonable Faith.

Do you see the pattern? Billboards erected by atheist and secular organizations are defaced, complaints are lodged to have them taken down, or threats are made so they get taken down.

Let me ask this question that has been asked by others in various forums: what if atheists defaced a Christian billboard? Imagine the outcry that would result.

Yet when Christians deface an atheist billboard, it’s supported and applauded nationwide. In other words, the people who allege themselves to be morally superior because they have God are breaking local laws and ordinances by defacing property, an act that is inherently immoral. I share David Niose’s observation, the irony is certainly worth noting.

This is especially disturbing given the anti-atheism billboards that have been going up around the country. For example, the Reverend E. F. Briggs of Monongah, WV, erected this billboard:

And then there’s this one by an organization called In God We Trust:

Read around my blog and you’ll see just how much I “hate” America. Answer: not at all. And it seems that Ray Comfort and Kirk Cameron have entered the billboard campaign arena as well with this beauty:

To clarify this billboard, setting aside for a moment that creationists believe that everything came from nothing, albeit with God’s assistance, atheists don’t believe “nothing made everything”. Instead we believe that the current state of the universe is the result of numerous natural processes. If you go to the website advertised, you’ll see banners similar to this billboard.

Or how about this lovely one by the creationist organization Answers in Genesis:

To answer your question, yes that is a picture of the business end of a handgun on a billboard by a Christian organization regarding atheism, basically saying that because we are atheists, we are inherently immoral and will kill at a moment’s notice, probably without provocation. This message can be clearly seen in this advertising spot created by the same organization:

So now all atheists are potential serial killers? Bullshit. I’m not even going to bother quoting crime statistics, but let’s just say the crime rate among atheists is lower than that among theists. Don’t believe me? Google it.

The Dangerous Talk blog has pictures of both atheist and Christian billboards, so you can make the comparison for yourself as to which group is more hostile and offensive.13Billboard Wars” in the Dangerous Talk blog.

* * * * *

References

References[+]

Libricide and Free Speech

Ah the old art of burning books — the topic of movies and books, and the subject on more than one occasion of news articles that have caught public attention. Harry Potter has been the subject of more recent book burnings.1Serchuk, David. (2006, December 1). “Harry Potter and the Ministry of Fire“. Forbes.com. 2Religious debates over the Harry Potter series. (2010, September 10). In Wikipedia, The Free Encyclopedia. Retrieved 21:40, September 11, 2010

Even various translations of the Bible have been burned.3Winner, Lauren. (2009, November 6). “Burnt Offerings“. WSJ.com.

1933-may-10-berlin-book-burning Now Christians are the more ready example in recent history of book burnings, partly because the Christian history of burning books isn’t a secret and includes the asinine spectacle of a 50-member congregation in Florida that was going to be burning copies of the Qur’an.42010 Qur’an-burning controversy. In Wikipedia, The Free Encyclopedia. It has even been the subject of mockery in the television show The Simpsons.5Wikisimpsons. Book Burning Mobile. But Christians certainly aren’t alone. Easily the next most infamous example is the Nazis. (Pictured left) Even Orthodox Jews have burned copies of the New Testament on several occasions.6http://www.biblebelievers.org.au/jewhis.htm Wikipedia details numerous other times books have been intentionally set ablaze.7Book burning. (2010, September 11). In Wikipedia, The Free Encyclopedia. Retrieved 21:50, September 11, 2010.

Out of this comes this question: what has been completely lost to history because the flame of someone’s hatred caused them to take a flame to a tome? If you want an idea as to the answer to this question, read about what was lost when the Iraq national library was set ablaze in 2003 shortly after the start of the US invasion.8“Prized Iraqi annals lost in blaze”. BBC News. April 14, 2003. Among the losses was one of the oldest surviving copies of the Qur’an. Rare books, sometimes even last surviving copies, and treasured antiquities are what can be lost when books and entire libraries are intentionally set ablaze.

And here’s the better question: why burn books at all, any book, no matter the subject matter or content?

I disagree with those who say that people have a “constitutional right” to burn a book, such as the Qur’an, something that former Alaska governor Sarah Palin has recently stated on her Facebook page.9Palin, Sarah. (2010, September 9). “Koran Burning Is Insensitive, Unnecessary; Pastor Jones, Please Stand Down Now given I mentioned the Qur’an, let me clarify or rather state this plainly: a person does not have a constitutional right to burn a Qur’an. Indeed, I feel no person has any right to burn any book for any reason other than to dispose of a book that is unusable. Allow me to clarify even further.

You do not have a right to destroy ideas, and when you burn a book, that is exactly what you are doing or attempting to do. There may be hundreds or thousands of copies of the book available, but burning even one out of hatred is a travesty, an insult to the human mind. It is a form of censorship, something no individual has any right to do.

It’s not just the right of the person who speaks to be heard, it is the right of everyone in the audience to listen and to hear, and every time you silence somebody, you make yourself a prisoner of your own action because you deny yourself the right to hear something.  In other words, your own right to hear and be exposed is as much involved in all these cases as is the right of the other to voice his or her view.

— Christopher Hitchens10Hitchens, Christopher. (2007, August 5). “Be It Resolved: Freedom of Speech Includes the Freedom to Hate“. TVO.

Theatrical poster for Kiki's Delivery Service Along with books being banned, decried, boycotted, or burned, we also have movies and other creative works decried or banned (and in some cases also burned). Back in 1998, Walt Disney Studios released an English-dubbed version of the animated Japanese movie Kiki’s Delivery Service. In response, the Christian group Concerned Women for America called for a boycott of Disney in a press release dated May 28, 1998, titled “Disney Reverts to Witchcraft in Japanese Animation”11Concerned Women for America. (1998, May 28). “Disney Reverts to Witchcraft in Japanese Animation“. Archived by the Internet Mutual Aid Society, Yokohama.:

The Disney Company is still not family friendly, but continues to have a darker agenda. The Walt Disney Company has been known for weaving witchcraft into major movies such as Escape from Witch Mountain, Fantasia, and Peter Pan to name a few. Disney does not promote family values, but rather promotes such behavior as divination and entices your children to practice it.

If you haven’t seen Kiki’s Delivery Service (Netflix, Amazon), I highly recommend it. Another favorite of mine, also from Hayao Miyazaki, is Spirited Away (Netflix, Amazon). That movie also talks about magic, demons, and spirits.

Boycotts, decries, banishments and burnings. Why? Especially with works of fiction.

Remember the outcry about the movie The Golden Compass? I’d be more concerned about the fact that part of the book The Amber Spyglass was changed before being published in the United States. Wikipedia has the details on that.12The Amber Spyglass. (2010, August 23). In Wikipedia, The Free Encyclopedia. Retrieved 06:17, September 10, 2010

Oh and let’s not forget The Da Vinci Code

I’ve already said before that no person has a right to not be offended. But as Christopher Hitchens said in the quote above, when you choose to censor, you are making yourself a prisoner of your own action. I’ve also previously written that the idea of the freedom of speech is to get you to confront your own beliefs and preconceived notions.

Freedom is always and exclusively freedom for the one who thinks differently.

— Rosa Luxemburg

If you don’t confront your own beliefs and ideas, you make yourself a prisoner of them. And if you’re reading this and you are a Biblical literalist (read: you believe the Bible is 100% true and accurate, the inerrant word of God, and the Bible has no errors at all, it’s society that’s got things mixed up), you’re already a prisoner in your own mind, in my opinion, and pretty much beyond help.

If you would even conceive of burning a book, instead what you should be doing is taking that book and slamming it across your head. Better yet lay your head down on the table, hand the book to me, and I’ll do the honors.

Again you don’t have the right to destroy ideas. You also do not have the right to restrict others, including your own children, from being exposed to other ideas, including ideas that conflict or are contrary to your religious beliefs. Instead we all have and enjoy a right to become voluntarily exposed to new ideas, the heart of what it means to have free speech, as Christopher Hitchens pointed out as noted above, especially when those ideas dissent from the majority or an expressed point of view as Hitchens further points out in the same lecture with regard to Holocaust denial:

That person [the Holocaust denier] doesn’t just have a right to speak, that person’s right to speak must be given extra protection, because what he has to say must have taken him some effort to come up with, might be, might contain a grain of historical truth, umm, might in any case give people to think about why do they know what they already think they know.

But beyond this, we also need to be realistic. By this I mean you need to understand the difference between fantasy and reality. You should not go around telling children that Harry Potter would’ve been put to death had the story of him been part of the Old Testament, which is exactly what was said in the documentary called Jesus Camp (you can find clips of this strewn across YouTube):

Let me say something about Harry Potter. Warlocks are enemies of God. And I don’t care what kind of hero they are, they’re an enemy of God, and had it been in the Old Testament, Harry Potter would have been put to death!

Instead of telling a child something like this, make it clear to the child the difference between reality and fantasy. Fantasy and fiction can conflict with everything from religious beliefs to the laws of nature and the universe. Star Trek and Star Wars are classic examples, as are the Marvel comic series X-Men and Spider-Man, among many others. In response to the book Angels & Demons, CERN (European Organization for Nuclear Research) has set up a web site to address the book and the various aspects of it related to CERN and antimatter.13European Organization for Nuclear Research: Angels & Demons – The science behind the story

Instead what we should be doing is allowing our children to read these books with these fantastical ideas and universes, letting them escape into the world of their own imagination, but at the same time, ensuring that they understand the difference between fantasy and reality, what is real versus what is not, what is good versus what is not.

An open mind is a wonderful thing to have, but when you advocate the burning of books, any book, or the restriction of the availability of books or the presentation of various ideas, including books of other religions, without adequate cause, you are actually advocating the closing of minds, especially the closing of minds of those whose minds should be the most open: our children.

And of that, there is no greater scandal.

References

References[+]

"Ground Zero Mosque"

There has been a lot of uproar recently regarding the proposed "Ground Zero mosque". I agree that there are plenty of questions that need to be answered, such as where the money is coming from, but should the failure to answer those questions stop the construction of that mosque? In my opinion, no.

There are plenty of people who also feel that because there appears to be majority opposition to the proposed mosque that it should not be built. Torches and pitchforks appear to have been replaced by petitions, pens, screaming and bullhorns.

"It is the will of the people!" Pardon me, but, umm… the will of the people is not legitimate by default because we’re not a democracy.

Many say that the mosque, which will be a community center for which there will be an Islamic prayer center inside, is a celebration of 9/11 by Islam. One reason cited for this is because it will allegedly share its name with another mosque: the Great Mosque of Cordoba in Cordoba, Spain. However that mosque is actually called the Cathedral of Our Lady of the Assumption, or more simply the Cordoba Cathedral, and is the home of the Diocese of Cordoba.

Contrary to what has been said, the Great Mosque wasn’t constructed atop a church that was destroyed when Muslims conquered Cordoba. The mosque started life as the Christian Visigoth Church of St Vincent in approximately AD 600. Following the conquest of the Visigoths by the Muslims, the building was renovated and converted over several hundred years into a mosque. In 1236 Cordoba was captured by King Ferdinand III of Castile and the mosque converted back to a Christian church, also over the course of several hundred years with more Christian features added by future kings. Some remnants of its Islamic history do remain.

Another reason cited is its proximity to Ground Zero: approximately two blocks. Many who cite that may not realize that there is another mosque already in New York about four blocks from Ground Zero, called Masjid Manhattan, founded in 1970. Another mosque exists about 12 blocks from Ground Zero: Masjid al-Farah, founded in 1985. Both mosques are really little more than Islam prayer rooms that have routinely turned people away for lack of space.

So what’s wrong with one more Islam prayer center in New York?

Many have argued that a mosque should not be permitted near Ground Zero so long as a Christian church doesn’t exist near Ground Zero. In response to this let me ask this one question: does any religion have a right to claim Ground Zero as "holy land"? Plus, as I said, a mosque already exists four blocks from Ground Zero.

Now granted there is a church that was destroyed when the towers collapsed, and I agree that the church should be rebuilt. Why the City of New York hasn’t fast-tracked that is beyond me, but the church should be resurrected. Having some old-style architecture among the skyline of the world’s largest city… how can anyone say no?

But to call the proposed building a "mosque" because there will be an Islam prayer room is like calling a Catholic hospital a church because there’s a chapel.

But let’s get back to the point.

A building will be converted into a community center that will be open to the public. Inside this community center will be an Islam prayer room, a "mosque" if you will. The building is located about two blocks from Ground Zero. Perhaps I’m just blind, but where’s the issue? Why should this community center be forced to move? Seriously, where’s the problem?

Now as I said, the rebuild of the church destroyed on September 11, 2001, should be fast-tracked and permitted to commence. But to say that Muslims cannot have another prayer room until that occurs puts things on a slippery slope — the kind of "if you allow it once, what’s to stop you from allowing it again" kind of argument.

Let the Muslims have their community center and Islam prayer room, unless you want Muslims to stand up and start protesting the building of any further churches in this country. Actually the fact it’s been primarily Christians who have been protesting this proposed "mosque", you’ve already given Islamic groups greater right to protest the construction of new churches.

Let me pose this question: what if Jews wanted to buy the Ground Zero land and build a synagogue on it?

As an agnostic atheist, I don’t really like the spread of any religion. As a libertarian, I know it is every person’s right, however, to practice and preach whatever religion they want, including erecting buildings or adding and renovating rooms for that purpose, so long as what they are practicing and preaching doesn’t require anything that violates other people’s rights.

Speaking of which, converting this building and providing in it an Islam prayer room isn’t violating anyone’s rights.

Links and Resources

Barnard, Anne. (2010, August 13). "In Lower Manhattan, 2 Mosques Have Firm Roots". New York Times.

Great Mosque of Córdoba. (2010, August 30). In Wikipedia, The Free Encyclopedia. Retrieved 13:52, September 1, 2010.

Rest peacefully, grandpa

On September 1, 2006, four years ago this day, my grandfather passed away at the age of 72. He was one of the persons after whom I was named: Kenneth Lee Ballard. I don’t share his middle name, but there are a few other things about him I do share.

Like my father, I share his seemingly unending curiosity into all things technical. My grandfather loved to tinker with electronics, even so much that he had a small electronics lab in his home. Radios and gizmos of various kinds littered a small area, and I remember when I was 17 seeing a radio antenna that, at least according to my grandfather, could pick up radio waves coming from lightning strikes a thousand miles away. Whether that was true I had no real way of knowing as I knew quite little about electronics and radios compared to my father and grandfather.

But an appreciation of and curiosity for electronics is something that seemed to run in his blood, and it’s something that arguably runs through my own, though you probably won’t find a soldering iron in my hand any time soon, whereas my grandfather seemed as at home with one as a surgeon with a scalpel. He was also a veteran of the United States Navy, having served during the Korean War. I knew my grandfather was a libertarian, but I didn’t know he was an avid supporter of the Second Amendment and owned a pretty good collection of handguns and rifles.

Obviously, I could not have known that when I saw him in August 2006 it would be for the last time. I saw him for a few days at his home in McRae, Georgia, the first time in 8 years that I had seen him, and just three weeks before he passed away September 1, 2006.

Rest peacefully, grandpa.

Congressman Steve King

Congressman King,

Let me say this in advance of everything else: I hope you lose in November, but I fear you might win re-election. The people of Iowa, and particularly the Iowa 5th Congressional District, are poorly served with you as their representative.

You appear to care more about making headlines than you do about actually accomplishing anything of value. You’ve been in Congress since 2003, yet you have not accomplished anything more than garnering the, mostly negative, attention of the press.

Add to this the little honor and unending arrogance you have displayed on the campaign trail and I really start to question how you keep getting re-elected, as I doubt your constituents are as low as you, and I certainly hope I won’t be proven wrong. I personally know several constituents in your district, including my own parents, plus I used to live in your district, so I know not everyone in your district is as low as you.

However, I never voted for you. And even if the opportunity were to arise again wherein your name is on a ballot I am to fill out to exercise my right to vote, your name won’t be getting the checkmark.

Never.

In 2004 and 2006 someone I knew professionally and was pleased to call a colleague was your Democrat opponent for your seat in Congress: E. Joyce Shulte, a former staffer with the Student Support Services office of Southwestern Community College in Creston, Iowa. In 2004 I voted for Joyce, but in 2006 I had moved to Boswell’s district so was unable to vote against you.

Do you remember what you said on the campaign trail about Ms Shulte? You didn’t consider her a "real candidate".

Add to this recent reports that your current opponent hasn’t "earned" a debate.1http://www.kcci.com/r/24818312/detail.html Excuse me, Mr Congressman, but when do your opponents earn debates? It’s part of the normal political process, something that, as has been pointed out by your opponent2http://www.kcautv.com/Global/story.asp?S=13069744, you’ve stealthily evaded for the entire time you’ve been running for Congress.

But that’s not the extent of your arrogance. Oh no, no, no… as much for Iowa’s sanity I wish it were, it’s only an ice cube compared to the ice berg you’ve managed to create.

Let’s see… you

among many, many, many other examples pointed out by bloggers and journalists. You’ve become a running gag on many different web sites and blogs, most of which are liberally-aligned, I will admit, but that’s because conservatives seem to be glossing over much of what you say.

Wow you make me glad I never voted for you. Come Election Day, I’ll be drinking a toast to your defeat. Yeah, it’ll likely be in vain, but a man can dream, right?

References[+]

"That’s obscene, and I’m offended!"

What do John Stagliano, Lizzy Borden, and Rob Zicari have in common? All three were prosecuted under Federal obscenity laws. Lizzy Borden and Rob Zicari were sentenced to 1-year prison terms while Stagliano’s indictment was dropped by the Court.

ReasonTV recently did a story on the idea of obscenity:

The idea of obscenity is, in my opinion, a preposterous idea, even more so than blasphemy. Basically by having obscenity laws, among other anti-sexuality laws, people are attempting to assert a right against being insulted or offended, though no such right exists.

The notion also flies in the face of personal liberty. Basically if you are going to try to tell me what I can and cannot view, read or write, I must have the same liberty to say the same to you. If I can’t read or write erotica or watch pornography, you can’t read your Bible, write about Christianity, or watch anything about Christianity. Seems fair, in my opinion.

Arguably the largest problem with obscenity laws is in defining obscenity in a legal context. Most of our criminal statutes strictly define a crime, with set criterion that are non-negotiable. In a court of law in a criminal trial, facts are weighed against these rigid criteria beyond reasonable doubt. The facts presented at trial either apply to the charge or they don’t, along with any defenses that are raised. There is little room for the juror to make a judgment call or ruling based on their opinion. Think of any crime and you’ll find a set definition in criminal codes.

That is, until you come to obscenity.

In the legal context, the most widely used definition of what material is obscene derives from the “Miller test”, so named because it was created in the United States Supreme Court decision Miller v. California1413 US 15 (1973). Arguably the largest criticism of the Miller test is its relegation to “community standards”. This means that the criminal definition of obscenity is little more than an ice skating rink. It also allows juries to use their own individual opinions on whether something is obscene rather than referring only to facts and set definitions and is a clear definition of “prior restraint”, which itself is a violation of the First Amendment.

This means that a finding regarding whether something is obscene is likely to differ where the makeup of the jury differs — younger juries or predominantly male juries may be less likely to convict on an obscenity charge than older juries or predominantly female juries. Where you are less likely to have inconsistencies with juries is where the Sixth Amendment and violations thereof can come into play.

Quoting John “Buttman” Stagliano in another video by Reason.tv on obscenity (embedded below):

The first thing is, you know, that we’re a government of laws and not men. If you don’t, if you don’t have a law that’s written that says, that okay, if you do this you will go to jail, then, then that’s a good law. If you have a law that says, well, you know, we might say that this is obscene or we might say that’s obscene, but we don’t really know in advance, we’re just gonna maybe decide to prosecute you, that’s the first number one bad thing about this situation is that I didn’t know I was breaking the law.

Quoting Nick Gillespie (same above video):

Will Storm Squirters 2 be considered a cinematic masterpiece in 50 years? Maybe not. But here’s hoping that the guidelines governing free expression will have disappeared completely, or at least evolved to a point where nobody’s livelihood or freedom depends on the random opinions of 12 strangers called to serve on a jury.

Pornography and erotic literature should be fully permitted within society for one simple reason: when you purposefully seek it out and expose yourself (no pun intended) to that kind of material, you are literally confronting your current notions about sex and sexuality and expanding your horizons beyond what you currently know into realms you may find curious, arousing, or maybe just eye opening, or possibly downright disturbing.

It also shows to the world that sex is not something of which to be ashamed and forces you to confront your own sexuality. How is this not a good thing?

The freedom of speech is about forcing people to confront their own pre-conceived and long-held notions. Consider the longest-running animated program on television, and one of the most controversial in its earlier seasons, The Simpsons. In 1997, a television program that is arguably worse showed up on Comedy Central: South Park. Quoting Marty Klein, one of the speakers in the above video:

The right to see South Park, may actually depend on the right to watch Butt Busters 3… If people want to have the right to do what they want to do, they have to protect the rights of other people to do what other people want to do.

I would actually go further than this into a slightly different direction: your right to watch motion picture productions regarding religion and politics is also dependent upon another person’s right to watch The Simpsons and Virgins of the Screen.

Now before everyone gets all up in arms, I’m aware there are videos out there of a prurient nature that also double as evidence of other crimes. One that readily comes to mind are so-called “crush videos”: videos that show a woman dressed in a seductive manner, likely also wearing what I call “porn heals”, crushing small and young animals to death, all with the intent of getting off the person watching it. Those are absolutely disgusting and also, as I said, evidence of another crime.

I’m also certainly not going to advocate pornography or erotica depicting under-age teenagers and prepubescent children. Like “crush videos”, child pornography is also evidence of more serious crimes.

But the fact that there are words that cannot be said in certain combinations and in certain contexts and certain actions that cannot be filmed is the very definition of censorship. Criminal sanctions for “obscenity” equate to censorship, and is something that should be eliminated from our criminal codes post haste.

The Miller test actually overrode a lighter standard for obscenity that basically relied on whether the content was utterly without any redeeming social value. As I’ve described herein, erotic materials, whether visual, audio or written, have a lot of social value because it forces you to confront your own ideas and your own notions, the very idea protected by the freedom of speech.

Now you may not want to seek out these materials, and no one is forcing them upon you. But not liking something doesn’t give you the right to tell others they can’t have it either.

Oscar Wilde once said, “The books that the world calls immoral are the books that show the world its own shame.” He also said that ideas not considered dangerous should not be considered ideas. Ironically, Oscar Wilde was a homosexual who was prosecuted and jailed for homosexual acts.

But how far has the idea of obscenity in the United States gone? If you want a recent glance, look no further than the fictional series His Dark Materials by Phillip Pullman. In the third book of that trilogy, The Amber Spyglass, in the chapter called “Marzipan”, some language describing Lyra’s reaction to a story she was being told were abridged. Wikipedia has the details.

My fiancée and I have a copy of a trilogy edition of His Dark Materials. In learning of this censorship of the third novel in the series, I was glad to find a copy of the UK text at a local used book store.

Other famous previously-censored books in the United States were published long ago, such as Lady Chatterley’s Lover by DH Lawrence in 1928 and Memoirs of a Woman of Pleasure written by John Cleland in 1748, commonly known as “Fanny Hill”. You can find Fanny Hill on Project Gutenberg. Lady Chatterley’s Lover is still under copyright in the United States, so it can be found at your favorite local or online book store.

Where are we as a society that we are so willing to prosecute people for material that might be objectionable? Are we any better than regimes where merely questioning the government is a risk to life and limb?

Pornography questions more than government and law. It questions the very notions of what we find acceptable in society. Yet rather than confront their own personal views on sex, sexuality, and pornography, many in society would rather cover it up with their own prudishness guised as criminal laws, and that is as much a detriment to society as taking Glenn Beck off the air.

The charges against Stagliano have since been dropped, but the fact that criminal charges were pursued at all is disturbing.

Other videos by Reason.tv:

References[+]

Freedom of Conscience

On his show Tuesday night, Glenn Beck talked about a plan by the Obama administration to repeal the "Freedom of Conscience Act", which gives health care workers the option of refusing to participate in medical care they find objectionable.

Known formally as the "Provider Refusal Rule", sometimes referred to improperly as the "abortion rule", it went into effect January 20, 2009, the day Obama was sworn in as President of the United States. Much of the focus on this rule is with abortion, but the rule goes much farther, and applies to everyone applicable in the delivery of health care by setting up a rule wherein the health care institution may not:

Require any individual to perform or assist in the performance of any part of a health service program or research activity funded by the Department if such service or activity would be contrary to his religious beliefs or moral convictions.

— 45 CFR § 88.4(d)(1)

"Individual" is defined in 45 CFR §88.2 as "a member of the workforce of an entity/health care entity". Not just physicians and nurses. Any member of the workforce of the health care entity. And in case you’re wondering, "funded" includes reimbursements from Medicare and Medicaid.

Congresswoman Diana DeGette [D-CO(1)], one of the more vocal opponents to this rule, said "That rule was so broad that even the cashier at Walgreens could refuse to provide medication for somebody if the cashier decided they have a religious objection." Whether that is true is, as far as I know, yet to be seen.

The press correctly called this rule "far reaching" because it allows health care workers to legally refuse to "perform or assist in the performance of any part of a health service program or research activity", including, but not limited to, abortion.

Many States already have laws providing that pharmacists don’t have to fill prescriptions ("scrips") that violate their moral conscience. The language of the law was specifically aimed at the "morning after pill" and hormonal contraceptives, but it can be far more reaching than that.

My fiancée, I will confess, is on hormonal birth control, and we obtain those pills through Planned Parenthood. Why? Because we know that we will have no problem or issue getting those pills at a Planned Parenthood clinic. We won’t have to worry about some pharmacist having a "morality moment" and saying to us "No, I won’t fill that prescription because it violates my conscience."

It’s already happened numerous times — Google it.

But why would a pharmacist refuse to fill a birth control prescription? Hormonal birth control works in two parts. First, it tricks the body into thinking it is already pregnant, thus preventing an ovum, or unfertilized egg, from being released into the fallopian tubes. If the pill fails to prevent this and an egg is fertilized, the pill’s secondary purpose is to prevent the egg from implanting into the uterine wall.

Some pro-life pharmacists and physicians refer to that also as an abortion because even that fertilized egg is a baby in their minds.

Pretty soon, family planning clinics will be the only place you can have access to any birth control method except "pulling out". Hell, Planned Parenthood provides condoms for free — take as many as you want. And they have a shelf life of 5 years, so no worries there if you take an entire jar full.

And this refusal to fill scrips goes further than birth control and Plan B. Got a scrip for Viagra or Cialis? Pray your pharmacist doesn’t have a "morality moment". ADHD medication? Yep, allegedly pharmacists have refused to fill those scrips as well.

Prescriptions are medical orders. As such, unless the pharmacist has a medical reason, the pharmacist should not have the legal ability to refuse to fill that scrip. Medical reason could include several things, such as a conflict with another medication currently on file for that patient. But moral objections are not medical reasons.

And now the Obama administration wants to scale down this rule, and pro-lifers are screaming. "How dare they force doctors to perform abortions?"

Better yet, the question should be: how dare the Bush administration allow so many people along the chain of care to refuse to provide their portion of the chain of care because of their "morality"? And I’m not talking about doctors and nurses, and not even just pharmacists (though they’ve gotten much of the press).

What about obstetricians refusing to perform pap smears on unmarried women? Catholic physicians refusing to correct an ectopic pregnancy, a medical emergency, since the only correction is to terminate it? Worse still, what if these doctors refuse to provide a referral or bring in another physician for fear of appearing complicit?

I’m not talking about patients refusing care or opting for "complementary or alternative medicine", but physicians or nurses refusing to provide care and pharmacists refusing to fill scrips purely based on "morals", and this is happening worldwide.

Does no one see the issue with this?

* * * * *

Links, References, and Resources

Children of anonymous sperm donations

Men donate sperm for one of any number of reasons, and likely the top reason is simply money since sperm banks tend to pay their donors. A lot of the samples are likely to be discarded: they were either not viable to begin with, or they aren’t used within their viability period.

But for the comparatively few samples that are used and that do also actually result in a pregnancy that is carried to term, what of the children?

Most sperm donations are made anonymously. If the donation results in a child, the donor doesn’t want to know, nor does he wish to meet the child. There are also legal barriers in place protecting him from claims for child support, also courtesy of the wall of anonymity. The women who go into a sperm bank also go into it realizing that they may never know the identify on the other side of the semen sample, and I believe most are content never knowing.

But let’s fast-forward twenty years down the road.

Certainly all men who donate sperm know there is the possibility their donation could result in a baby. This is something to be kept in mind as part of the "donor decision", because once you hand the cup of sperm over to the attendant and accept the check for the donation, there is no going back. It’s certainly a mental anguish I could not see myself going through.

But then there’s the child.

In virtually every sperm donation situation, the child will not have any right to seek the identity of their donor fathers until they are 18, the age of majority in the United States. Seeking out the donor father is needed if there are any special medical concerns, so obtaining the medical history of the donor is definitely warranted, something clinics twenty and thirty years ago may not have always obtained in advance of the donation.

But what if you just want to know who the donor father is?

According to a recent article published by the Associated Press, there is a push by sperm donor children to end the practice of anonymous sperm donation by outright banning it, thus bringing back into the forefront that if there is a practice occurring that you don’t like, push for legislation. Talk about another one-sided argument.

Okay let’s look at this from all angles.

There are actually four sides to all sperm donor stories: the sperm bank, the donor, the recipient or surrogate, and the child. Of this equation with four variables, only one is pushing for the end to the practice of anonymous sperm donation so they can learn the identities of their donor fathers.

I can certainly understand their concern. Many children, not just "cryokids", as some have called themselves, grow up not knowing their father, or possibly their mother or both parents, something that can occur for one of several reasons — the parent may have died, simply just walked out, or anything else.

But let’s look at the other three variables of this equation, and it’s really quite simple. Anonymous, paid sperm donation is what keeps the sperm banks in business. However every market has both a supply and demand: the paid donors are the supply, and single mothers and lesbian couples are much of the demand. End the practice of anonymous sperm donation and you’ll likely see that market dry up.

Plus there is the matter of respecting the privacy of the donor. Yes, every sperm donor knows there is the possibility their sperm will result in a baby. However in signing the paperwork handing over their sperm in exchange for the cash, they have opted to remain entirely anonymous, and the sperm bank has an obligation to protect that privacy. But as I said, the women go into it as well knowing the donation is anonymous.

In the AP article, a question was posed by Wendy Kramer, who runs the web-based Donor Sibling Registry:

It’s always the rights of the parents, the donor, the clinic. Why is it that the rights of donor-conceived people aren’t even considered in the equation?

This is certainly a reasonable question to ask, but it takes the definition of a right to a whole other level. Do the children of sperm donors have the right to learn the identify of their fathers? At the same time, do men have the right to donate sperm anonymously?

The answer is No on both counts.

Sperm donor children have no more of a right to learn the identity of their fathers than does a child who was conceived during a one-night stand where the woman cannot remember with whom she had sex. If both have equal right to learn the identity of their fathers, then the former can compel the sperm banks to hand over identifying information against the wishes of the donor, presuming their records are still accurate, and the latter can compel a court to DNA test an entire city.

Do children have any right to know the identities of their biological parents? No. The fact that most children do know this information does not equate it to being a right. The fact that some children go their entire lives not knowing this information shows it is not.

While it is unfortunate that most children of sperm donors may never know the identities of their biological fathers, they need to realize that if the donors wish to be discovered, they would make themselves available to be discovered. As such they also need to respect the desires of the sperm donors to remain anonymous.

Even if they are fortunate enough to learn the identity of their biological father, if that donor does not wish to know or become involved in the life of their donor child, that should also be respected. Again most children grow up not knowing the identity of one or both parents, which means that children of sperm donors are no more special and have no more or any special rights over any other child, something that also needs to be realized.

* * * * *

Article: "Sperm-donors’ kids seek more rights and respect", Associated Press

Movie: Made in America (1993), starring Whoopi Goldberg and Ted Danson