confirmed, not convicted

It’s been nearly 24 hours since eight people (at last count) were murdered while shopping at an outlet mall in Texas. We’re still in that interstitial political period between ‘giving the families of the victims some privacy so they can grieve’ and ‘it’s time to move on and deal with other issues.’ Mass murder has a weird shelf life.

So here’s another issue: today a Manhattan jury will hear the closing arguments in the civil lawsuit brought by E. Jean Carroll against former president Comrade Donald J. Trump. She’s testified under oath that he raped her in the mid-1990s; he’s posted on social media that she’s lying. Her attorney has brought in supporting witnesses, whose testimony has substantiated Carroll’s claim; his attorney hasn’t offered any affirmative defense.

Remember, this is a civil matter rather than a criminal case. That means the standard of proof is lower. In a criminal case, a jury has to be convinced ‘beyond a reasonable doubt.’ In a civil case, the jury only has to believe ‘the preponderance of evidence’ favors one side or the other.

Given that the standard of proof is the preponderance of evidence, and that Comrade Trump’s lawyer hasn’t offered any evidence in defense (other than “What? Trump rape? Her? C’mon.”), the verdict seems pretty predictable. Except that juries are, by nature, unpredictable beasts.

If the jury does what any common sense jury would do, Comrade Trump becomes a confirmed rapist. Not a convicted rapist, but a confirmed one. And remember, twenty-six different women have accused Trump of some form of sexual assault. Twenty-six!

Will the Republican Party choose a confirmed rapist to be their nominee for President of the United States? Will they support a man who will very likely be facing even more damning criminal charges? Yep. Almost certainly. That’s the state of the modern GOP.

The next few days will be interesting. We may get a quick verdict’ possibly even today. Almost certainly by tomorrow (this is assuming there are no disruptions in the closing arguments–and that’s NOT a safe assumption).

Regardless of the verdict, Trump is scheduled to hold a ‘town hall’ meeting on CNN on Wednesday night. Will he be there if he’s found liable in the Carroll suit? If he shows up, will CNN ask him about the trial? Will they mention the other 25 women who’ve accused him of sexual assault? Will Comrade Trump, for maybe the first time in his adult life, actually be held accountable for JUST ONE of the countless awful things he’s done?

I don’t know. This is a weird time in history. We can’t rely on anything being ‘normal’ anymore. But…lawdy, we’re close and getting closer.

ADDENDUM: For some reason, the images of Ms. Carroll I see in the news lately make me think of Eowyn in Lord of the Rings.

A sword rang as it was drawn. “Do what you will; but I will hinder it, if I may.”
“Hinder me? Thou fool. No living man may hinder me!”
Then Merry heard of all sounds in that hour the strangest. It seemed that Dernhelm laughed, and the clear voice was like the ring of steel. “But no living man am I! You look upon a woman. Éowyn I am.”

Which also reminds me:

EDITORIAL NOTE: Burn the patriarchal system to the ground. Burn it, pound the ashes into dust, scatter the dust, and salt the fucking earth. Then nuke the site from orbit; you know why.

UPDATE 5/9: Jury has found Trump liable for Sexual Abuse, Forcible Touching, Injury of E. Jean Carroll, Willful and Wanton Negligence, Defamation. False Statements. Malicious Intent, Injury for Defamation, and Acting Maliciously. NOT liable for rape. US$5 million in damages.

iowa kids are okay

Right, background information first. The Iowa High School Athletic Association and the Iowa Farm Bureau coordinate with the office of the Governor of Iowa to create the Iowa Governor’s Scholar program. It’s designed to honor the highest-achieving students from each of Iowa’s high schools. It seems to be largely a ceremonial thing–the students get some sort of certificate of recognition and get a chance to be photographed standing next to the governor. The governor has to sacrifice a chunk of time standing still while kids rotate in and out for their photos, but she gets some free good publicity. Everybody wins, right?

That’s what normally happens. This year, not so much. This year Gov. Kim Reynolds and the GOP-controlled legislation have enacted a number of awful MAGA-inspired laws. This year, some of the kids being honored felt compelled to speak out in protest to the Iowa GOP’s repeated attempts to turn this state in the Florida of the Midwest.

For example, this year the Iowa GOP passed a wide-ranging education bill that includes a ban of public school books that include descriptions of sex acts, It also makes it easier to remove challenged books from school libraries. The law could include everything from Catcher in the Rye to Twilight to What’s Eating Gilbert Grape to And Tango Makes Three (which is a children’s book about two bonded male penguins in the Central Park Zoo who raised a penguin chick). It’s a truly reprehensible law.

Newton HS senior Leo Friedman believes books have value.

This year, the GOP-controlled legislature also passed legislation creating what they call “education savings accounts.” This new law allows the state to use funds marked for public education to be spent instead on private education. It provides families with US$7,600 per student in public education funds which can now be used to cover private school tuition and fees. Most of those private schools, of course, are religious schools and religious schools are almost universally conservative Christian schools. This law not only undermines the purpose of secular public education, it also creates the conditions for religious/political indoctrination.

Newton HS senior Merin Pettigrew feels public funds should be used in public schools.

Also this year, Gov. Reynolds and the Iowa GOP have passed a number of anti-trans legislation. This includes barring transgender girls and women from participating in girls and women’s sports, a ban on students (and adults) using public school bathrooms and locker rooms that don’t align with their gender assigned at birth, and prohibiting minors from receiving gender-affirming care even with a parent’s or guardian’s permission. These laws not only discriminate against trans kids, it publicly marks them as dangerous, thereby putting trans kids at emotional and physical risk.

Davenport West HS senior Clementine Springsteen believes trans rights are human rights.

Springsteen wore pins stating “Trans Rights Are Human Rights” and “She Her” and as she left the stages loudly proclaimed, “Trans rights are human rights.” 

These were deliberate, thoughtful acts of civil protest against the sort of hyper-partisan political legislative movements we’re seeing in several ‘red’ states. They were acts of individual courage and integrity, done with as much respect as possible under the circumstances. Friedman said,

“I intend no disrespect to any other of the students (or attendees) there for sure. But if the governor feels disrespected, that is the purpose of the protest. Because we don’t respect what she has done recently with the laws that have been passed and the ideologies that she instilled into the government in our state.”

Springsteen, who is trans, explained why it’s critically important for trans kids to be able to affirm themselves while still in school. She came out as trans to her classmates during a speech class.

“I was terrified, obviously. But my teacher has always been really supportive. She’s always been really supportive, and there for me. As far as the class goes, there were a few there who I was really terrified of how they’d react. But I think within my speech, I’m hopeful that I managed to change their minds about the issue. I didn’t have any issues with them after that point. “

And that’s it, isn’t it. This is one of the unspoken benefits of public education. School is where kids learn how to get along with other kids, even those who are different in some way. School is where kids get exposed to new ideas, it’s where kids learn other kids can hold different views, believe different things, have different backgrounds, have different types of parents, exist in different ways, and yet can still get along with each other. School is where we begin to learn how to behave as adults.

Gov. Reynolds and the Iowa GOP need to go back to school. These kids could teach them a lot about modern life.

fox news bullshit

I’m something of a news junkie. Every morning, first thing, I read the news (well, among the first things–I mean, there’s coffee to be made and all that). I want to know what’s happening in the world. And that brings me to Filipino journalist Maria Ressa, who said this:

“If you don’t have facts, you can’t have truth. If you don’t have truth, you can’t have trust. Without these three, we have no shared reality. We can’t solve any problems. We have no democracy.”

This is pretty basic stuff. A society ought to be able to trust news journalists to present reliable facts. Beyond that, we ought to be able to trust news commentators to present opinions they actually hold. We should be able to assume that any person employed to present facts or opinions are NOT LYING.

And that brings me to this: tomorrow is the first day of the trial in the defamation lawsuit brought against Fox News by Dominion Voting Systems. Dominion is suing Fox News for allowing its commentators to tell lies about them. This is a big deal.

Look, we all know Fox News is bullshit. We all know the evening commentators act as the propaganda arm of the Republican Party. We all know Fox News ‘personalities’ like Maria Bartiromo, Tucker Carlson, Lou Dobbs, Jeanine Piro, and Sean Hannity aren’t journalists; Fox lawyers have admitted as much in court. But this case isn’t really about journalism. It’s about defamation.

Defamation is false information that harms the reputation of a person, business, or organization. Fox News commentators spent a big chunk of time after the 2020 election claiming that Dominion Voting Systems 1) was deeply involved in election fraud, 2) had developed an algorithm that somehow rigged vote counts, 3) was owned by a company founded in Venezuela to rig elections (for socialist dictator Hugo Chávez–seriously, I’m NOT making that up), and also 4) paid kickbacks to government officials.

Guess what? That was all bullshit. Also guess what? The people spreading that bullshit KNEW it was bullshit when they spread it. The judge in the case, Eric M. Davis, in pre-trial hearings, has already stated that those claims were all total bullshit (although, to be fair, he didn’t actually use the term ‘bullshit’). He wrote that it was “crystal clear that none of the statements relating to Dominion about the 2020 election are true.”

But wait, there’s more. Because it’s all bullshit, Judge Davis has also ruled that Fox News can’t argue their ‘contributors’ were simply covering the news (because bullshit ain’t legit news). He further ruled that Fox can’t argue the bullshit could be considered the First Amendment-protected opinions, because there’s plenty of pre-trial evidence demonstrating the hosts KNEW it was bullshit and they didn’t believe it themselves.

So cased closed, right? Fox News loses, right? Dominion wins, right?

Well, yes and no. The jury will have to listen to all the dreary facts; they’ll have to listen to the Fox News commentators testify under oath that they knew they were lying to their viewers (and reader, that testimony is going to be as sweet as Tupelo honey). And THEN the real meat of the case will be presented.

Just to be clear, let me say this again: there’s NO QUESTION that the Fox News commentators were lying sacks of shit. That’s not even at issue. What’s at issue is this: Damages. The jury has to decide if Fox News, by lying and spreading bullshit about Dominion Voting Systems, caused severe damage to the company’s reputation. IF they find Dominion was damaged, then the jury has to decide whether the damage was the result of actual malice.

Actual malice is a legal term of art. Back in 1964, in the case of New York Times Co. v. Sullivan, SCOTUS defined actual malice as a statement made “with knowledge that it was false or with reckless disregard of whether it was false or not.” That matters because this is where it all comes down to money.

There are two types of civil damages: compensatory and punitive. Compensatory damages are intended to help the victim; punitive damages, obviously, are intended to punish the offender.

Assuming the jury finds Fox News liable (which ought to be a safe assumption, but you never know when a jury is involved), they’ll first have to decide how much Fox should pay Dominion to compensate for the damage to their business. Then they’ll have to decide if Fox News should be punished financially for deliberately spreading bullshit to the public, and if so, how much.

And that brings us back once again to Maria Ressa. Because Fox News wasn’t just harming Dominion Voting Systems; they were–and still are–harming representative democracy. They’re harming this entire nation. If you don’t have facts, you can’t have truth. If you don’t have truth, you can’t have trust. If you lack trust and truth and facts, you can’t solve society’s problems and you can’t have representative democracy. If you allow a major media platform to deliberately and knowingly spread lies and bullshit to a wide audience, you shred the fabric of society.

And that’s really hard to mend. Compensation for the damage done isn’t enough; punishment is necessary.

that’s not bias, that’s behavior

This ‘anti-Christian bias’ bullshit again.

It’s important to remind everyfuckingbody that in all of Western culture, Christianity is the default. Unless it’s specifically mentioned, every television and movie character is assumed to be Christian. There is a definite, consistent pro-Christian bias in Hollywood. When Christian characters act in non-Christian ways–by lying, by cheating, by conniving, by being greedy, by sexually molesting people, by being hypocrites, and yes, by being fucking cannibals–that’s NOT anti-Christian bias. It’s anti-Christian behavior. And hey, that shit happens ALL THE TIME.

The fact is, there are–and always have been–lots of television shows and movies devoted to favorable portrayals of Christian priests and ministers and nuns. There was even a show called God Friended Me about an atheist ‘friended’ by God on social media, who then became an active agent for good things. How many crime-solving Christian clergy shows are there? Dozens. How many movies and shows about ex-priests still doing the Christian God’s work by fighting supernatural evil–vampires and demons and all that?

There are far more overtly positive representations of Christians on television and in the movies than disparaging ones. And, again, the unfavorable representations are generally about characters who are defined by their close association with Christianity. That’s how character-driven narratives work: you play them against a higher standard. The more trust placed in a person, the greater the betrayal when that trust is broken. A judge or a police officer who steals is seen as worse than an ordinary person who steals, because their job is to uphold the law. A professed Christian who violates the tenets of Christianity is more shocking than a non-Christian who does.

So yeah, if you want to create a villain, first you put that character in a position of trust and respect. Because Christianity is the default, and because society is expected to honor and trust the clergy, they make great villains. Presenting a post-apocalyptic Bible-reciting preacher as a cannibalistic predator is NOT anti-Christian bias; it’s a depiction of the betrayal of Christian beliefs.

Mark Wahlberg (who, by the way, is an absolutely dreadful actor–which has nothing at all to do with his faith) has also complained about an anti-Christian bias in Hollywood. He’s said he intends to dedicate the rest of his career to ‘faith-based storytelling.’

“I don’t want to jam it down anybody’s throat, but I do not deny my faith. That’s an even bigger sin. You know, it’s not popular in my industry, but, you know, I cannot deny my faith. It’s important for me to share that with people. I have friends from all walks of life and all different types of faiths and religions, so you know, it’s important to respect and honor them as well.”

This is a huge part of the problem. Christians DO jam it down our throats. Spreading the Gospel–the Good News–is inherent in Christianity. It’s hard-wired into the belief system.

And he said unto them, Go ye into all the world, and preach the gospel to every creature.

‘Preaching the Gospel’ sounds a lot better than ‘Jamming it Down Throats’ but the commandment to ‘share’ exists independently of the desire of others to listen. It may be important for Wahlberg “to share that with people” but it’s not important to those of us who aren’t Christians. Go be a Christian, but we’d very much appreciate it if you’d leave us out of it. Wahlberg says it’s important to “respect and honor” folks of other faiths and religions, but one way to do that would be to NOT to ‘share’ your religion with others unless invited. Refraining from ‘sharing’ your faith is not the same as denying it.

Anti-Christian bias absolutely exists. But it’s generally a result of two things: 1) that unrequested sharing business, and 2) the constant barrage of professed Christians caught doing stuff they preach against. Wait…make that three things. Let’s include 3) Christians who’ve been caught doing stuff they preach against and who, after a period of ‘reflection’, announce they’ve been forgiven and go right back to preaching. And making money.

Anti-Christian bias exists primarily because of anti-Christian behavior on the part of Christians.

and speaking of guns…

Two separate incidents in different states, each of which reveals a different facet of how massively fucked up our firearm legislation is.

First — Back in December of 2020 and January of 2021, Zackey Rahimi of Texas was, according to court documents, “involved in five shootings in and around Arlington, Texas.” Five shootings in as many weeks. First, there was the time he “fired multiple shots” into somebody’s house after selling narcotics to the person who lived there. Then there was the car accident. Rahimi “exited his vehicle, shot at the other driver, and fled the scene.” A short time later, he returned to the scene of the accident and fired a few more shots. That’s three shooting incidents. The fourth time, he “shot at a constable’s vehicle.” The circumstances behind that aren’t discussed in the court’s order. Finally, Rahimi “fired multiple shots in the air after his friend’s credit card was declined at a Whataburger restaurant.”

About a year earlier, Rahimi had been subject to a civil protective order after he’d assaulted his girlfriend (and the mother of his child). The court order “restrained him from harassing, stalking, or threatening his ex-girlfriend and their child. The order also expressly prohibited Rahimi from possessing a firearm.”

Clearly, given five shootings in five weeks, Rahimi hadn’t paid much attention to the restraining order. But at least he was eventually indicted for possessing a firearm while under a domestic violence restraining order. Rahimi’s lawyers moved to dismiss the indictment on the ground that the law in question (18 U.S.C. § 922(g)(8)) was unconstitutional. The federal district court told him to fuck right off, so Rahimi pleaded guilty.

Later Rahimi appealed his guilty plea. A three-judge panel of the Fifth Circuit Court of Appeals also told him to fuck right off.

Zackey Rahimi can have his guns

But then SCOTUS decided the case of New York State Rifle & Pistol Association, Inc. v. Bruen, which (in my opinion) was a bugfuck insane decision. The court decided (6-3) that in lawsuits involving federal and states’ gun regulations, courts need to evaluate the regulation not in consideration of the public good, but in light of the “historical tradition of firearm regulation”.

Let me just repeat that. The court should NOT consider the public good, but instead should consider the historical tradition of firearm regulation. So the Fifth Circuit Court took another look at Rahimi’s argument, taking the SCOTUS approach that “greater weight attaches to laws nearer in time to the Second Amendment’s ratification.”

Again, let me repeat that. Courts are now supposed to give more weight to laws written around the end of the 18th century than to modern laws. And guess what. Both Massachusetts and New Hampshire had written laws closer in time to the drafting of the 2nd Amendment, laws that were virtually identical, and those laws stated:

[N]o man . . . [shall] go or ride armed by night or by day, in fairs or markets, or in other places, in terror of the country, upon pain of being arrested and committed to prison by any justice on his view, or proof of others, there to a time for so long a time as a jury, to be sworn for that purpose by the said justice, shall direct, and in like manner to forfeit his armour to the Commonwealth.

Armor includes weapons. You’ll notice something else in that law. Ain’t nothing there about protecting ex-girfriends. And even though the Fifth Circuit agreed that the modern law “embodies salutary policy goals meant to protect vulnerable people in our society…Bruen forecloses any such analysis in favor of a historical analogical inquiry into the scope of the allowable burden on the Second Amendment right.”

The court concluded the law protecting Rahimi’s ex-girlfriend–or anybody seeking a civil protection decree–by removing a violent offender’s firearms was “an outlier that our ancestors would never have accepted.” They overturned Rahimi’s conviction.

Five shooting incidents in five weeks, and the court said the motherfucker shouldn’t be prohibited from owning a gun.

Second — Last Tuesday (2-23-23) in Silver Creek, Indiana (a suburb of Louisville, KY) 23-year-old Devon Lyons was seen running along Highway 31 (a main thoroughfare in town) carrying a rifle. Two nearby schools were put on lockdown.

However, it’s perfectly legal in Indiana for folks to run around with a loaded rifle. The state doesn’t require a permit to carry a long gun. So nothing was done.

Devon Lyons can have his rifle.

It happened again the following day. The Clark County Sheriff sent deputies to monitor Lyons as he ran down the street carrying his rifle. When Lyons got into his car to drive away, he was taken into custody for driving while his license was under suspension.

You can’t operate a car without a license. Guns? Who needs a license for that?

Scottie Maples, the Clark Coutny Sheriff, said this:

“I got a job to do as Sheriff to protect people’s constitutional rights. My daughter goes to that school, a couple of my deputies’ daughters go to these schools so we’re going to take these things seriously but we’re also not going to break anybody’s Constitutional rights.”

We’re not going to break anybody’s Constitutional rights. Children? Battered women? Sorry, very sorry, oh so very sorry, but you’ll just have to take your chances. Because that’s how we do it in these United States.

EDITORIAL NOTE: We must burn the patriarchy. Burn it to the ground, gather the ashes, piss on them, then set them on fire again. Burn the patriarchy, then drive a stake directly through the ashes where its heart used to be, and then set fire to the stake. Burn the fucker one more time. And keep burning it, over and over. Burn it for generations. Then nuke it from orbit. Then have tea.

it’s a wonderful communist life

Here are some True Things about people who are frightened. 1) They see threats everywhere. 2) They see threats even if they don’t exist. 3) They prefer imaginary threats over actual threats, 4) They will ignore actual threats in order to focus on imaginary ones. 5) They will take dramatic steps to defend themselves against imaginary threats, while avoiding taking sensible steps to defend against actual threats. 6) Their fears make them vulnerable to authoritarian leaders.

In the mid-to-late 1940s, Americans were frightened by communism. They weren’t scared of actual communism, which is a socio-economic philosophy grounded in the idea that the people who actually produce stuff should have reasonable access to the tools they use to produce that stuff and a fair share in the stuff they’ve produced. They were scared of the Soviet Union (and to a lesser extent, communist China), which presented an interpretation of communism as a single-party authoritarian government ruled by ideologues instead of elected leaders.

This was the political equivalent of assuming the Spanish Inquisition represented all of Christianity. There’s good reason to be afraid of the Spanish Inquisition; Christianity as it was originally created is pretty harmless.

“Daddy, teacher says every time a bell rings a communist gets to steal a banker’s wings.”
“That’s right, Zuzu, that’s right. Attaboy, Karl Marx!”

But back in the 1940s and 50s, a LOT of people were scared of what they believed was communism. They saw communists everywhere; they saw the supposed influence of communism everywhere; they were told that a cadre of dedicated communists were actively infiltrating every aspect of American life in a wily attempt to destroy everything decent. Including movies.

In 1947, the FBI produced a massive 13,000-page report (no, that’s not a typo, it was seriously more than thirteen thousand pages long) called Communist Infiltration of the Motion Picture Industry. It included this:

The purpose of the Communists in Hollywood is not the production of political movies openly advocating Communism. Their purpose is to corrupt non-political movies — by introducing small, casual bits of propaganda into innocent stories and to make people absorb the basic principles of Collectivism by indirection and implication. Few people would take Communism straight, but a constant stream of hints, lines, touches and suggestions battering the public from the screen will act like drops of water that split a rock if continued long enough. The rock that they are trying to split is Americanism.

One example of communist infiltration provided by the FBI provided was the movie It’s a Wonderful Life. The screenwriters (Frances Goodrich and Albert Hackett), according to the FBI

“were very close to known Communists and on occasion in the recent past while these two writers were doing a picture for MGM, Goodrich and Hackett practically lived with known Communists and were observed eating luncheon daily with such Communists as Lester Cole and Earl Robinson.
With regard to the picture, “It’s a Wonderful Life”, [name redacted] stated in substance that the film represented a rather obvious attempt to discredit bankers by casting Lionel Barrymore as a “scrooge-type” so that he would be the most hated man in the picture. This, according to these sources, is a common trick used by Communists.
In addition, [name redacted] stated that, in his opinion, this picture deliberately maligned the upper class, attempting to show the people who had money were mean and despicable characters. [name redacted] related that if he had made this picture portraying the banker, he would have shown this individual to have been following the rules as laid down by the State Bank Examiners in connection making loans. Further, [name redacted] stated that the scene wouldn’t have “suffered at all” in portraying the banker as a man who was protecting funds put in his care by private individuals and adhering to the rules governing the loan of that money rather than portraying the part as it was shown.
In summary, [name redacted] stated it was not necessary to make the banker such a mean character and “I would never have done it that way.”

So, It’s a Wonderful Life was seen by some people as communist propaganda because it was mean to bankers. It’s an incredibly twisted way to view that movie.

“What does that get us? A discontented, lazy rabble instead of a thrifty, working class. And all because a few starry-eyed dreamers like Peter Bailey stir them up and fill their heads with a lot of impossible ideas.”

But we can apply that same anxious, apprehensive worldview to almost anything modern conservatives fear. Firearm safety, drag queens, Ukraine independence, people of color, COVID regulations, trans kids in high school sports, Hunter Biden, immigrants, independent women. They’re not really afraid of the reality of these things; they’re afraid of some weird, twisted interpretation of these things. They see any depiction of these things in popular media as an attempt to destroy the American Way of Life.

In reality, these things actually represent the American Way of Life. They’re a big part of what makes life wonderful.

Let me return to my original point. People who are afraid see threats everywhere, even if they don’t exist; they prefer these imaginary threats over actual threats, which they’ll ignore in order to focus on the imaginary ones; they’ll take dramatic steps to defend themselves against imaginary threats but avoid taking sensible steps to defend against actual threats. This makes them vulnerable to authoritarian leaders. This is the MAGA-verse in a nutshell.

Let’s listen to that glorious commie, George Bailey, refute that perspective.

“Just remember this, Mr. Potter, that this rabble you’re talking about…they do most of the working and paying and living and dying in this community. Well, is it too much to have them work and pay and live and die in a couple of decent rooms and a bath?”

You want a wonderful life? Stand up to Mr. Potter. Every time a bell rings, a drag queen sings a show tune. A person of color is elected. A firearm safety law is enacted. A trans kid in high school competes in a swim meet. Ukraine gets heat. A person with a compromised immune system can go shopping. An immigrant gets a green card. An editor ignores a Hunter Biden conspiracy theory. A woman can walk home at night in safety (with her hands in the pockets of her pants).

don’t shit in the swimming pool

Okay, here’s an analogy. Twitter is a swimming pool. A large pool, an Olympic-sized pool. It’s privately owned, but open to the public.

People come. Some just want to splash around, some want to swim laps, some just want to hang out poolside, some want to train for a swim meet, some want to cannonball into the pool and make a big splash, some want to practice diving. It’s a big pool, so even if some jackass is playing Nickleback on a bluetooth speaker instead of using headphones, you can move to the other end where it’s less annoying. It’s far from perfect, but you still come because it’s the biggest pool around and all your friends hang out there.

The pool has a few loose rules. You break the rules, you can get your ass booted out of the pool. One of the fundamental rules: Keep Litter Out of the Pool. Nobody wants to swim in a pool that has old candy wrappers and cigarette butts floating around in it.

That’s Old Twitter. New Twitter is different.

New Twitter is owned by a rich, arrogant, bone-ignorant narcissist who thought it would be fun to own his own swimming pool. To save money, he’s fired the concession stand workers, the maintenance workers, and the lifeguards. He also feels some folks who’ve been evicted for littering were treated unfairly. He feels they contribute to the swimming pool community, that perhaps the litter makes swimming more challenging and immediately vital.

So he’s re-invited them back.

Now, feeling vindicated for littering, they’re gleefully shitting in the pool.

And the new owner suggests folks who are reluctant to swim in the pool now aren’t really committed to swimming.

paint over the second amendment

You know what? Fuck the Second Amendment. Oh, it was a perfectly fine amendment when it was written, but c’mon, it was written in 1789 (it was ratified a couple years later, in 1791). That was a long time ago. Things have changed. That’s the nature of things, isn’t it. They just change.

Look, the US Constitution has been amended 27 times. Why? Because things change. Because stuff that made sense at one point in time doesn’t necessarily make sense at another. Because even smart, reasonable, concerned people sometimes make a mistake or do something stupid. I mean, back in 1917 it must have seemed reasonable to amend the Constitution to prohibit the manufacture, sale, or transportation of intoxicating liquors. But a decade and a half later, the American people thought “Lawdy, we fucked that up” and they had to repeal the entire 18th Amendment.

We can do that again, only with the Second Amendment. We could just repeal it. Or rewrite it so it’s not so fucking stupid. The 18th Amendment probably saved a bunch of lives by making it a lot more difficult to get drunk. But we’ve been able to find a somewhat reasonable balance between saving lives and being able to have a decent merlot with our supper.

We can do the same thing with guns. We really can. We can shitcan the 2nd Amendment. Hell, Thomas Jefferson (who knew a lot about writing Constitutions) kinda thought we could scrap the whole entire Constitution every couple of decades and cobble together a new and more timely one. You know, a Constitution that met modern needs. Seriously, Jefferson said, “The earth belongs always to the living generation.” Ain’t no reason for us to be locked into something written by folks 230 plus years ago.

Here’s what Jefferson wrote to James Madison in September of 1789:

[I]t may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation. They may manage it then, & what proceeds from it, as they please, during their usufruct. They are masters too of their own persons, & consequently may govern them as they please. But persons & property make the sum of the objects of government. The constitution and the laws of their predecessors extinguished then in their natural course, with those who gave them being. This could preserve that being till it ceased to be itself, & no longer. Every constitution then, & every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force, & not of right.

And yes, usufruct is an actual word. It refers to the temporary legal right to use and enjoy the fruits or profits of something belonging to another. It’s from the Latin usus (meaning ‘use’) and fructus (meaning ‘fruit’). Let’s say your daddy dies and leaves you everything, including the house you grew up in, BUT because your daddy is a complete asshole, he stipulates the woman he divorced your momma for can continue to live in the house as long as she wants. It’s legally your house now, but your asshole dad’s girlfriend still gets to enjoy it. If she wants to paint the walls red, she damned well can, even if you think it’s a bad idea. Usufruct.

What Jefferson is saying is that the next generation can enjoy the Constitution their parents left for them but they’re not locked into it forever. When your asshole dad’s girlfriend dies (yeah, this is a metaphor), you get control of the house and you can repaint the walls.

What Jefferson was saying is this: we can paint over the 2nd Amendment. We can and we should. Because the walls have been red way too long.

EDITORIAL NOTE: Five people were killed and at least 18 were wounded/injured last night during a drag show at Club Q in Colorado Springs. Today is Transgender Day of Remembrance, the annual event honoring the memory of transgender people killed by acts of anti-transgender violence.

We shouldn’t have to live like this.